Getting out: A soldier's guide to early separation

author : Seth Manzel topic : Conscientious Objection | Iraq occupation

by Seth Manzel

Getting out of the Army is not easy. It requires diligence and a fair amount of knowledge about the regulations regarding early separation. It is also not without consequences for the soldier. Early separation can lead to loss of VA benefits, dishonorable or less than honorable discharge, as well as an obligation to pay back bonus money. However, considering the current situation, it may be worth it. The following is an overview of some of the methods one might employ to gain his or her freedom from military service which include: conscientious objection, the Family Care Plan loophole, and violations of the Army's Don't Ask, Don't Tell policy.

Conscientious objection

Conscientious objection is a big step that should not be taken lightly. It is time-consuming, involved, and very difficult. Few soldiers are approved for conscientious objector status each year. However, with persistence, it is not outside the realm of possibility for any given soldier.

The first step to becoming a conscientious objector is to formulate and commit to a strong and unshakable belief that taking human life, under any circumstances, is wrong. Furthermore, that belief should include a prohibition against contributing to killing in any way (like participating in non-combatant activities such as cooking). This belief can and should be based on some sort of religious belief. However, religious belief alone is not enough. The soldier must demonstrate that he or she has, through religious contemplation, come to believe that killing is wrong.

At this point one should take the time to memorize some Bible verses, if Christianity is the religion that he or she has chosen. Exodus 20:13, the Commandment against killing would be a good place to start. Matthew 7:12 says, "Do unto others as you would have them do on to you." Romans 3:10-18 is also good, although a little obtuse. It would be good to stay away from some of the many verses in the Bible that endorse killing (and there are many).

Buddhism is a good way to go as well, because its tenets are less familiar to most in the average chain of command. This means that it will be less likely that one's beliefs will be tested by religious discussion. One good book to read is the Tao Te Ching by Lao Tzu.

Next, using FormFlow, fill out a DA 4187 (Request for Personal Action) stating that in accordance with AR 600-43 the soldier requests to be placed on Conscientious Objector Status (1-0). The 1-0 notes that the soldier will not participate in any military activity including cooking, being a chaplain's assistant or firefighting.

Upon filing the 4187 with one's chain of command, he or she can expect a strong reaction from superiors. From that moment on, the chain of command has 90 days (or 180 days for National Guard and Reserves) to make a determination in the case. This puts a strain on commanding officers that can elicit confused and sometimes unlawful retaliation. One should be familiar with the Inspector General's office. (A list of Inspector Generals for Washington State is included at the end of this article.)

Filing for conscientious objector status is a religious act, and any negative counseling, corrective training, punishment, or denial of privileges is against the law. If a soldier is subjected to any of the above after filing, he or she should report it to the Inspector General immediately. The soldier will be counseled on the process and consequences of his or her actions, and will also be barred from promotion and reenlistment and taken out of combat, but these are the only actions that a chain of command may take.

Once the process starts, the soldier will be taken to the Chaplain for further discussion. It should be noted that this conversation will not be privileged. The Chaplain will be trying to discredit the soldier and pass that along to his or her superiors. For this reason the soldier should avoid detailed religious arguments but stick to the basics. One should go no further than "thou shalt not kill" or "turn the other cheek." If the Chaplain presses hard, one shouldn't be swayed, stick to the basics -- killing under any circumstances is wrong.

An officer who is not in the soldier's chain of command will be assigned to investigate. That officer will ask many of the same questions that the Chaplain does. His job is to gather all the paperwork, conduct interviews (including interviews with the soldier's friends), and make a recommendation for the board who will ultimately make the final decision.

At this point, if the soldier hasn't faltered, he or she may be offered promotions, special privileges, or threatened with punishments. This is a good indication that the process is moving along. One should not waver at this point. A board will determine the validity of any claims based on the evidence and the opinion of the investigating officer within 90 days of submission of the original document.

If any of the following occur, contact the Inspector General immediately:

Lost paperwork

Threats

Punishment

Corrective training

Slurs against one's religious beliefs

Extra duties

Violence

Bribery

More than 90 days passing without conclusion

The Family Care Plan chapter

A Family Care Plan is a comprehensive checklist for powers of attorney and child custody documents that allow a single parent, dual-military parent, or a parent whose partner is unable to take care of their children alone to deploy and leave their children in the hands of a competent and prepared guardian. The commander cannot force a soldier to file a Family Care Plan, as it is the equivalent of forcing them to give up custody of his or her children. According to AR 600-20, single parents or dual-military parents must file a Family Care Plan to remain on active duty. Therefore, if a soldier with custody of his or her children refuses to create a Family Care Plan, they must be separated from the Army.

While this is the rule, some commanders have refused to chapter soldiers who fail to file plans. Many legal battles have been fought over this issue, and while most turn out in the soldier's favor, it can still be a taxing ordeal. The best way to deal with the issue is to start out strong. As soon as resistance from a commander begins, one should call their IG and retain a lawyer. Hopefully, this will demonstrate to the chain of command that it will be easier to chapter the soldier than to fight.

One should expect to be barred from promotion and reenlistment; However, actions beyond that should be reported immediately. People shouldn't be punished for refusing to give up custody of their children.

"Don't ask, don't tell"

The "Don't ask, don't tell" policy upholds the military's long standing ban on homosexual acts under the Uniform Code of Military Justice. It also does not allow the soldier to disclose his or her sexual orientation. However, soldiers are allowed to be homosexual as long as they are in the closet. This means that their sexuality can be an open secret. A soldier may participate in gay pride events, go to gay bars and possess non-pornographic gay literature. However, once he or she affirms that they are gay, the Army must act to separate them.

This is the fastest way out of the Army. From the commander's point of view, a gay soldier is a huge liability. Once a soldier comes out of the closet, his/her safety is the responsibility of the commander. Any acts of violence, torment, or abuse fall on the commander's shoulders.

Once a soldier comes out of the closet, he/she should expect to be immediately segregated from the other soldiers, perhaps put under guard. Again, this is not punishment; it is for the safety of the soldier. He/she will probably have their meals delivered to them or be escorted to and from the cafeteria. (This is especially true in war-fighting units.)

The commander will start an investigation into the matter. The soldier's effects will be searched and any evidence, including gay literature, will be noted and used as evidence. It is in the interest of the soldier that these items be readily available to the investigators.

The soldier should guard against the very real threat of violence. Homophobic peers and superiors have killed gay soldiers in the past. One shouldn't assume that just because he or she is under guard that they are safe from acts of violence. The guards themselves may present the most immediate threat. Any violence, punishment, extra duty, threats or slurs by anyone should be reported to IG immediately.

Homosexuality is still punishable under the UCMJ. For this reason, it is possible to receive a less than honorable discharge. This is not likely, as the commander will just be trying to get the soldier out as quickly as possible. In any case, once a soldier is out of the military, he or she can appeal and have it changed to a more favorable discharge.

Don't give up

Getting out of the Army can be difficult, dangerous, and have a lasting negative effect on one's life. However, considering the current situation, staying in the Army can be difficult, dangerous, and have a lasting negative effect on one's life, including death and dismemberment. Each individual should put a lot of time and consideration into the matter before acting. Specific regulations should be researched, consequences weighed, and souls should be searched.

Early separation should not be entered into lightly, but when one commits to the process, he/she should put their whole self into it. Once the process is started, the worst thing anyone can do is falter, stop or accept defeat.

Please consult the following list of Inspectors General:

Inspectors General in Washington State

I Corps & Ft Lewis

Ft Lewis

(253) 967-5181

70th RRC

Ft Lawton

(206) 281-3027

104th Div (IT)

Vancouver

(360) 906-4169

WRMC & Madigan

AMC

Tacoma

(253) 968-2155

Western Region

Cadet Cmd

Ft Lewis

(253) 967-3183

Washington NG

Tacoma

(253) 512-8898

81st INF BDE

Seattle

(206) 378-6539

A list of Inspectors General for all states is available at http://www.olywip.org .

Seth Manzel is a member of Iraq Veterans Against the War.