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Newsletter On Military Law And Counseling
Volumell    Number 1
April 1970
NOTICE:  If you have renewed your subscription to the Military Counseling Memo
Service, thanks. If you have forgotten, please renew as soon as possible, as this
will be the last issue mailed out to those who have not indicated that they still
want the Service.
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REGULATIONS AND LITERATURE
Important change in AR 635-20:
AR 635-20 (Conscientious Objection) was amended by a telegram dated March 6, 1970.
Now a soldier who has processed out of his unit can not apply for a CO discharge
until he reaches his new permanent duty station. He can not, therefore, apply at
an overseas replacement station (such as Oakland or Ft. Lewis) on his way to Vietnam.
He can still, however, apply before he has processed out of his original unit.
Counselors should make sure that men in the Army who are thinking about applying
for CO discharge know about this change and that other counselors and attorneys
in their area are aware of it, too. As soon as the change is available in a revised regulation, CCCO will mail it out to NOMLAC subscribers.
An earlier change to AR 635-20, dated 21 January 1970 and effective 19 December
1969, provides for only one delay of seven days for a man on orders for reassignment who wishes to apply for discharge but does not have the required evidence..
If -at the end of 7 days, he does not have the evidence, he must comply with the
orders.
Department of Defense Directive 1300.6 (Conscientious Objection) has been revised
so that an advisory opinion from the Selective Service on the applicant's claim is
no longer required.
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"The Civilianization of Military Law" by Professor Edward Sherman is an excellent
review of the developments in United States military law from before the First
World War to the present.  22 Maine Law Review 3.
The following cases should be added to the memo, "The In-Service CO and the Federal
and Military Courts," at pages k-5  in section VII. First Circuit: Nason v. Secretary of the Army, 30U F. Supp. U22, 2 SSLR-3UU6 (D. Mass. I969); Third Circuit:
Stap v. Laird, No. lUl-70 (D. N.J. 1970); Fourth Circuit: Ross v. McLaughlin,
38 U.S.L.W. 2U25 (E.D. Va. 1970); Ninth Circuit:  Sertie v. Laird, Ul8 F.2d 915
(1969). #
CORRECTION: In the memo, "R0TC: Discharge and Disenrollment," which was included
in the February Memo Service, there was an error at the top of the second side. The
first full line from the top should read:  "A Naval cadet in the first two years of
R0TC instruction (or in the first year of a two year program)...."
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CCCO's Military Counselor's Manual is now available from any CCCO office for $2, and
consists, of all the current memos and reproductions of regulations issued in the
Military Counseling Memo Service. New subscribers to the Memo Service will receive
CCCO/An Agency for Military and Draft Counseling
Western Region: 437 Market St., San Francisco, Cal 94105
Midwest: MCDC, 711 S. Dearborn St., Chicago, 111. 60605
National CCCO: 2016 Walnut St., Philadelphia, Pa. 19103