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  • 2001-10-08 (xsd:date)
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  • Does Being an 'Only Son' Exempt You from a Military Draft? (en)
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  • The belief that being the only child (or the only male child) in a family exempts one from compulsory military service is a widespread but erroneous belief, a misunderstanding of Selective Service rules enacted after World War II: Popular fact-based World War II films such as The Fighting Sullivans and Saving Private Ryan have dramatized cases where several brothers from the same family were all killed in action. The Fighting Sullivans recounted the true story of the Sullivan brothers, all five of whom died when the ship to which they were assigned, the USS Juneau, was sunk by a Japanese torpedo during the Battle of Guadalcanal on 13 November 1942. Saving Private Ryan told a fictionalized story based on the real experience of Sgt. Fritz Niland of the 101st Airborne, who was removed from a combat zone in France and sent home by the Army after all three of his brothers were killed in action during the same week in June 1944. In 1948, in order to safeguard the only remaining sons of families that had lost other children during World War II, the United States passed a law that exempted sole surviving sons from the draft. This exemption applied only when one or more children (sons or daughters) from the family had already died or been killed during military service, not when a family simply had a sole living male child (because they only ever had one son, or because the others had died from causes unrelated to military service). In 1964 this law was modified to also extend the exemption to sons who were the only surviving male offspring of fathers who had died as a result of military service, and at the same time the exemption was altered to apply only to peacetime drafts. This law was modified again in 1971 to extend the exemption to any son (not necessarily the only surviving son) whose father or brother or sister had died in military service, and a later provision added mothers to this list. So, to clear up the misunderstandings, note that: Or as the Selective Service now notes on their web site: Note that the Selective Service's wording refers to deferments, which implies not an absolute exemption from military service, but inclusion in a will be called upon only if necessary status. Although all American men are now required to register with the Selective Service upon turning 18, the U.S. does not currently have a peacetime draft, having converted to an all-volunteer military in 1973. Whether a draft held while U.S. forces were engaged in military action but war had not officially been declared would be considered a peacetime draft or a wartime draft is debatable. Our query to the Selective Service on this point brought only the circular answer that since no draft is in effect at this time, we are considered to be at peace. (en)
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