[Code of Federal Regulations]
[Title 32, Volume 1, Parts 1 to 190]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR75.8]

[Page 387-388]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 75--CONSCIENTIOUS OBJECTORS--Table of Contents
 
Sec. 75.8  Claims of erroneous induction.

    (a) This section applies to any individual who claims that he is a 
conscientious objector and was either erroneously inducted, or 
erroneously assigned to combatant training or duty, for any of the 
following reasons:
    (1) Although determined to be a conscientious objector by a local 
board or

[[Page 388]]

appellate agency of the Selective Service System, his records failed to 
reflect classification as such.
    (2) He was denied a significant procedural right in the 
classification process by the Selective Service System.
    (3) Despite actual classification as a conscientious objector 
properly reflected in his records, he was nevertheless erroneously 
inducted, or assigned to combatant training or duty.

Claims based on alleged erroneous determinations made on the merits of 
the case by the Selective Service System are not covered by this 
section. (See Sec. 75.4.)
    (b) Claims covered by paragraph (a) of this section will be referred 
to the Selective Service System without delay for investigation and 
ascertainment of the facts. Communication will be transmitted to the 
National Headquarters, Selective Service System, Washington, DC 20435.
    (1) If the Selective Service System advises that induction was in 
fact erroneous under paragraph (a)(1) or (a)(3) of this section, the 
claimant will be separated or assigned to noncombatant duties depending 
upon whether he was classified 1-O or 1-A-O.
    (2) If the Selective Service System advises that there was in fact a 
denial of a right or a significant procedural error in the evaluation of 
a claim under paragraph (a)(2) of this section, the induction will be 
considered erroneous and the individual discharged.
    (3) If the Selective Service System advises that any claim under 
paragraph (a) of this section is unfounded or makes a final 
determination adverse to any claim, the claimant will be so informed and 
returned to general duty.
    (c) Pending investigation and resolution of all claims covered by 
this section, a claimant will be assigned to duties which conflict as 
little as practicable with his asserted beliefs, insofar as is 
consistent with the effectiveness and efficiency of the military forces.