(iv) Ability of the training devices to maintain or improve safety.

(v) Course and training estimates including projected student flows and loads, requirements for instructors and other staff, location of training facilities, and other training requirements.

(c) Acquisition guidelines. (1) Training device alternatives including, but not limited to, trainers, general versus specific devices, real equipment versus simulated equipment, and embedded training capability should be evaluated by the Military Service concerned. Where applicable, economic analyses of alternatives should be conducted in accordance with the methods and asumptions in DoD Instruction 7041.3. The evaluation of each alternative should consider as appropriate:

(i) Life-cycle use versus costs. (ii) Trade-off with requirements for munitions, if applicable.

(iii) Capability of the training device(s) to accommodate changes made to the parent defense systems based on lata on minimum and maximum changes made over the life cycle of imilar defense systems.

(iv) Student load and curriculum changes or field application training changes anticipated during the life cycle.

(2) When military specification equipment is not required to meet performance needs, commercial practices and equipment should be used to contain initial procurement and follow-on support costs. Commercially available training programs also deserve serious consideration.

(3) Specifications should cover training functions, performance levels, and required proficiency.

(d) Training effectiveness evaluation guidelines. Analysis of training capability and potential should focus on data based on actual experience.

$73.5 Responsibilities.

(a) The Assistant Secretary of Defense for Force Management and Personnel (ASD(FM&P)) shall:

(1) Monitor the Military Services' compliance with this part.

(2) Designate action officers for training devices associated with major system acquisitions' constituting major systems in themselves, and non

system training devices meeting the documentation threshold. These action officers shall:

(i) Monitor the status of training devices, as assigned.

(ii) Review Military Service-provided DPs.

(iii) Obtain such reports and information as may be necessary in performing assigned functions, in accordance with DoD Directive 5000.19.

(3) Review the Military Service's Regulations, Manuals, or Instructions implementing this part.

(4) Review the Military Service's acquisition documentation to identify areas of potential joint applicability.

(5) Respond to Congressional inquiries on implementation of this part and results achieved.

(6) Administer a continuing review of policy on training devices, updating this part as necessary.

(b) The head of each DoD component shall:

(1) Ensure development of the Military Service's documents implementing this part.

(2) Ensure that the Military Service's charters for program managers of all major defense system acquisitions adequately address their training device responsibilities, and that program managers are supported by training system managers.

$73.6 Procedures.

(a) OSD oversight for training devices that support a major system or constitute major systems in themselves, shall be accomplished during the system acquisition review process. Military Service-approved DPs, which will evolve as data from detailed training analyses become available, shall be forwarded to OSD not later than the Program Objectives Memorandum (POM) submission in which budget year funds are requested for manufacture of the initial or prototype device(s), but in no case before the milestone listed in paragraph (1) or (2) of this section. Service charges to the DP shall be submitted to OSD as changes occur.

(1) DPs for training devices integral to a major system acquisition shall be submitted to support the Decision Coordinating Paper/Integrated Program

summary of the parent defense system by Milestone II.

(2) For training devices designated major systems acquisitions, DPS shall be submitted with, or incorporated into, the System Concept Paper prepared for Milestone I.

(3) For non-system training devices, DPs, shall be submitted not later than the POM submission in which budget year funds are requested for manufacture of the prototype or the first device.

(b) Training Effectiveness Evaluation Plan (TEEP). (1) The Training Effectiveness Evaluation Plan shall be developed as applicable with regard to DoD Directive 5000.3 to ensure that acquired training devices meet the Military Service's training requirements and effectiveness levels. The TEEP shall describe the Service's plan to accomplish training effectiveness evaluations, to the extent the Services deem appropriate, for training devices associated with each major defense system acquisition, training devices constituting major systems in themselves or non-system training devices that meet the threshold described in §73.2 of this section.

(2) The TEEP should document the planned evaluation of the training functions, performance levels, and proficiency requirements incorporated in the specifications. The TEEP should be approved by the sponsoring Service at least 6 months before the planned commencement of training effectiveness evaluation.

(3) For training devices not meeting thresholds described in §73.2 of this part, the Military Servcies are encouraged to prepare, approve, and support a TEEP at least 6 months before the planned commencement of training effectiveness evaluation.

873.7 Effective date and implementation.

This part is effective August 22, 1986. Forward one copy of each implementing document to the Assistant Secretary of Defense (Force Management and Personnel). Management reports and information specified herein shall be submitted for training devices reaching the stated milestones beginning with FY 87 as required by the ASD

In the interest of obtaining maximum uniformity, the following criteria are established for the appointment of doctors of osteopathy as medical officers:

(a) To be eligible for appointment as Medical Corps officers in the Army and Navy or designated as medical officers in the Air Force, a doctor of osteopathy must:

(1) Be a citizen of the United States; (2) Be a graduate of a college of osteopathy whose graduates are eligible for licensure to practice medicine or surgery in a majority of the States, and be licensed to practice medicine, surgery, or osteopathy in one of the States or Territories of the United States or in the District of Columbia;

(3) Possess such qualifications as the Secretary concerned may prescribe for his service, after considering the recommendations for such appointment by the Surgeon General of the Army or the Air Force or the Chief of the Bureau of Medicine and Surgery of the Navy;

(4) Have completed a minimum of three years college work prior to entrance into a college of osteopathy;

(5) Have completed a four-year course with a degree of Doctor of Osteopathy from a school of osteopathy approved

tious objection, sincerely objects to participation as a combatant in war in any form, but whose convictions are such as to permit military service in a noncombatant status.

Unless otherwise specified, the term "conscientious objector" includes both 1-0 and 1-A-O conscientious objectors.

(b) Religious training and belief. Belief in an external power or being or deeply held moral or ethical belief, to which all else is subordinate or upon which all else is ultimately dependent, and which has the power or force to affect moral well-being. The external power or being need not be of an orthodox deity, but may be a sincere and meaningful belief which occupies in the life of its possessor a place parallel to that filled by the God of another, or, in the case of deeply held moral or ethical beliefs, a belief held with the strength and devotion of traditional religious conviction. The term "religious training and belief" may include solely moral or ethical beliefs even though the applicant himself may not characterize these beliefs as "religious” in the traditional sense, or may expressly characterize them as not religious. The term "religious training and belief" does not include a belief which rests solely upon considerations of policy, pragmatism, expediency, or political views.

(c) Noncombatant service or noncombatant duties (1-A-O) (used interchangeably herein). (1) Service in any unit of the Armed Forces which is unarmed at all times.

(2) Service in the medical department of any of the Armed Forces, wherever performed.

(3) Any other assignment the primary function of which does not require the use of arms in combat provided that such other assignment is acceptable to the individual concerned and does not require him to bear arms or to be trained in their use.

(4) Service aboard an armed ship or aircraft or in a combat zone shall not be considered to be combatant duty unless the individual concerned is personally and directly involved in the operation of weapons.

(d) Noncombatant training. Any training which is not concerned with the

study, use or handling of arms or weap

ons.

§75.4 Policy.

(a) Administrative discharge prior to the completion of an obligated term of service is discretionary with the military service concerned, based on a judgment of the facts and circumstances in the case. However, insofar as may be consistent with the effectiveness and efficiency of the military services, a request for classification as a conscientious objector and relief from or restriction of military duties in consequence thereof will be approved to the extent practicable and equitable within the following limitations:

(1) Except as provided in paragraph (a)(2) of this section, no member of the Armed Forces who possessed conscientious objection beliefs before entering military service is eligible for classification as a conscientious objector if

(i) (a) Such beliefs satisfied the requirements for classification as a conscientious objector pursuant to section 6(j) of the Universal Military Training and Service Act, as amended (50 U.S.C. App. 456(j)) and other provisions of law, and (b) he failed to request classification as a conscientious objector by the Selective Service System; or

(ii) (a) He requested classification as a conscientious objector before entering military service, and (b) such request was denied on the merits by the Selective Service System, and (c) his request for classification as a conscientious objector is based upon essentially the same grounds, or supported by essentially the same evidence, as the request which was denied by the Selective Service System.

(2) Nothing contained in this part renders ineligible for classification as a conscientious objector a member of the Armed Forces who possessed conscientious objector beliefs before entering military service if (i) such beliefs crystalized after receipt of an induction notice; and (ii) he could not request classification as a conscientious objector by the Selective Service System because of Selective Service System regulations prohibiting the submission of such requests after receipt of induction notice.

(b) Because of the personal and subjective nature of conscientious objection, the existence, honesty, and sincerity of asserted conscientious objection beliefs cannot be routinely ascertained by applying inflexible objective standards and measurements on an "across-the-board" basis. Requests for discharge or assignment to noncombatant training or service based on conscientious objection will, therefore, be handled on an individual basis with final determination made at the headquarters of the military service concerned in accordance with the facts and circumstances in the particular case and the policy and procedures set forth herein.

$75.5 Criteria.

General. The criteria set forth herein provide policy and guidance in considering applications for separation or for assignment to noncombatant training and service based on conscientious objection.

(a) Consistent with the national policy to recognize the claims of bona fide conscientious objectors in the military service, an application for classification as a conscientious objector may be approved (subject to the limitations of §75.4(a)) for any individual:

(1) Who is conscientiously opposed to participation in war in any form;

(2) Whose opposition is founded on religious training and beliefs; and

(3) Whose position is sincere and deeply held.

(b) War in any form: The clause "war in any form” should be interpreted in the following manner:

(1) An individual who desires to choose the war in which he will participate is not a conscientious objector under the law. His objection must be to all wars rather than a specific war;

(2) A belief in a theocratic or spiritual war between the powers of good and evil does not constitute a willingness to participate in "war" within the meaning of this part.

(c) Religious training and belief: (1) In order to find that an applicant's moral and ethical beliefs are against participation in war in any form and are held with the strength of traditional religious convictions, the applicant must show that these moral and

ethical

convictions, once acquired, have directed his life in the way traditional religious convictions of equal strength, depth and duration have directed the lives of those whose beliefs are clearly found in traditional religious convictions. In other words, the belief upon which conscientious objection is based must be the primary controlling force in the applicant's life.

(2) A primary factor to be considered is the sincerity with which the belief is held. Great care must be exercised in seeking to determine whether asserted beliefs are honestly and genuinely held. I Sincerity is determined by an impartial evaluation of the applicant's thinking and living in its totality, past and present. Care must be exercised in determining the integrity of belief and the consistency of application. Information presented by the claimant I should be sufficient to convince that the claimant's personal history reveals - views and actions strong enough to demonstrate that expediency or avoidEance of military service is not the basis of his claim.

(i) Therefore, in evaluating applications the conduct of applicants, in particular their outward manifestation of the beliefs asserted, will be carefully examined and given substantial weight. (ii) Relevant factors that should be : considered in determining an applicant's claim of conscientious objection include: Training in the home and * church; general demeanor and pattern of conduct; participation in religious activities; whether ethical or moral convictions were gained through training, study, contemplation, or other activity comparable in rigor and dedication to the processes by which traditional religious convictions are formu$lated; credibility of the applicant; and credibility of persons supporting the : claim.

(iii) Particular care must be exercised not to deny the existence of bona fide beliefs simply because those beliefs are incompatible with one's own.

(a) Church membership or adherence to particular theological tenets are not required to warrant separation or assignment to noncombatant training and service for conscientious objectors. (b) Mere affiliation with a church or other group which advocates conscien

tious objection as a tenet of its creed is not necessarily determinative of an applicant's position or belief.

a

(c) Conversely, affiliation with church or group which does not teach conscientious objection does not necessarily rule out adherence to conscientious objection beliefs in any given case.

(d) Where an applicant is or has been a member of a church, religious organization, or religious sect, and where his claim of conscientious objection is related to such membership, inquiry may properly be made as to the fact of membership, and the teaching of the church, religious organization, or religious sect, as well as the applicant's religious activity. However, the fact that the applicant may disagree with, or not subscribe to, some of the tenets of his church does not necessarily discredit his claim. The personal convictions of each individual will be controlling so long as they derive from his moral, ethical or religious beliefs.

(e) Moreover, an applicant who is otherwise eligible for conscientious objector status may not be denied that status simply because his conscientious objection influences his views concerning the Nation's domestic or foreign policies. The task is to decide whether the beliefs professed are sincerely held, and whether they govern the claimant's actions in both word and deed.

(d) The burden of establishing a claim of conscientious objection as a ground for separation or assignment to noncombatant training and service is on the applicant. To this end, he must establish by clear and convincing evidence: (1) That the nature or basis of his claim comes within the definition of and criteria prescribed herein for conscientious objection, and (2) that his belief in connection therewith is honest, sincere and deeply held. The claimant has the burden of determining and setting forth the exact nature of his request, i.e., whether for separation based on conscientious objection (1-0) or for assignment to noncombatant training and service based on conscientious objection (1-A-0).

(e) An applicant claiming 1-0 status shall not be granted 1-A-O status as a compromise.