"Few of us can easily surrender our belief that society
must somehow make sense. The thought that the state has lost its mind is
intolerable, and so the evidence has to be internally denied." - Arthur
Miller
how to stay out of the
military
primer on draft resistance
by David
Wiggins
please note: all articles, information, agencies, paperwork, and other
resources mentioned here are located at the bottom of this page.
The legal requirement to register for the draft demands a decision:
give up your freedom and your conscience, or conscientiously resist. All the
good reasons that would prevent a free man from volunteering for military
service, also apply to resisting the draft. How in a "free country" can the
first requirement of a young man, when he comes of age, be to sign up to
accept orders to kill for the state in an organized way? There is never a need
to compel a free man to take up a cause that is both necessary and just; but a
man who is drafted is never free, and thus his cause can never be assumed to
be either necessary or just.
The draft is not simply an academic interest. There is not enough military
manpower to sustain the commitments the President has already undertaken. We
constantly hear that our troops are "stretched too thin." To assist the United
States, both the President and Secretary of State have made serious requests
for significant military manpower contributions from other nations. These
requests have largely fallen on deaf ears. The President has repeatedly stated
he will not "back down" meaning, we must assume, that the military forces will
continue to be "thinly stretched." Where will they find relief? It appears
they are looking at young Americans who are free to volunteer for military
duty, but in good conscience, choose not to do so.
With certain exceptions, all men residing in the United States are required
to register for the draft within 30 days of their 18th birthday. The
obligation of a man to register is imposed by the Military Selective Service
Act, which establishes and governs the operations of the Selective Service
System.
In addition to the Military Selective Service Act, the "Health Care
Personnel Delivery System" was authorized by Congress in 1987 to deal with
large-scale casualties that outstripped the active-duty military's ability to
handle them. If implemented, the bill would require a mass registration of
male and female health care workers between the ages of 20 and 45. At this
time; however, the Selective Service has no statutory authority to draft
medical personnel. That authorization would be provided by legislation to be
introduced and passed in Congress at the time of a national defense
mobilization. That "M-Day" legislative package has not been made available for
public comment or congressional debate. See the Center on Conscience and War’s
"Health Care Professionals and the Draft" for details regarding the Health
Care Personnel Delivery System.
The Pentagon is considering other "special skills" drafts, to include
military linguists, computer experts, or engineers, which could arise from
other immediate needs. "We're going to elevate that kind of draft to be a
priority," said Lewis Brodsky, acting director of the Selective Service
System.
A bill before the House Armed Services Committee would require the
induction of young men into the military "to receive basic military training
and education for a period of up to one year." Representatives Nick Smith and
Curt Weldon sponsored the bill, called the "Universal Military Training and
Service Act," introduced last fall. The measure is currently before the Armed
Services Committee. Youth & Militarism Magazine, published by the American
Friends Service Committee, contains an excellent article, "It’s Not Your
Father’s Draft," describing this proposed draft.
Deciding What To Do
Deciding what to do when faced with Registration or the Draft can be a
difficult and life-altering decision. If you choose to resist, it is helpful
to keep two things in mind:
First, if you stand by your convictions, you cannot lose, and the
government cannot win. The government may handcuff you or lock you up, but
they cannot make you fight. If you give up any freedom, it is completely on
your terms. In contrast, if you allow yourself to be coerced into military
duties you risk death, disease, and disability, all for a cause you do not
believe in.
Second, if you choose to resist, you will be treated as an adversary by the
government. The government is no longer your friend ? if it ever was. You can
expect the Selective Service to use every legal method and argument at their
disposal to get you to abandon your convictions and to follow orders.
Keep records carefully, and make your own file of every transaction with
the Selective Service, including phone calls. Do not rely on oral promises
from Selective Service officials. Put things in writing, and attach receipts
and even envelopes to the correspondence in your file. A second set of those
records should be in the custody of someone you can rely on to forward copies
as needed. When you make a record of a transaction with Selective Service, you
should send a copy to Selective Service for inclusion in your file with the
Area Office. When local boards become operational, you can see and copy
information in your file. You can authorize others to do so on your behalf.
Send your letters and claims to Selective Service by Certified Mail, Return
Receipt Requested. Observe all deadlines scrupulously. Be sure to include your
Selective Service number. Sign and date all papers submitted.
Get help. Check out how the counselor you are consulting was trained. Most
attorneys know nothing about Selective Service law; ask their qualifications.
Draft counselors will tend to know about qualified attorneys. There are two
qualified national counseling organizations: The Center on Conscience & War (CCW),
and the Central Committee for Conscientious Objectors (CCCO).
Choosing To Not Register
On a percentage basis, not registering is the most likely way to prevent
you from being drafted. The book Chance and Circumstance states that between
250,000 and 2 million males did not register for the draft during the Vietnam
War. According to reports from the Selective Service System, forty percent of
the men who are required to register for the draft don't register in the
sixty-day time period required by law. At least one or two percent still
haven't registered by the time they are twenty. At age 26 they are no longer
allowed to register. Thus, the number of permanent non-registrants increases
daily. There is a known minimum of at least 300,000 people, perhaps a million,
who are becoming permanent non-registrants.
If you refuse to register with Selective Service, you'll receive
threatening letters, at first politely reminding you to register, then
threatening prosecution, finally informing you that your name has been turned
over to the Department of Justice for possible prosecution. These sound scary,
but they're mostly bluff. No one has been formally charged since 1986.
In the early 1980s, 21 men were indicted for refusal to register: 19 of
those 21 were public resisters. Wherever there were trials, the rates of
registration actually went down. This resistance halted prosecutions
Penalties for Failure to Register
The penalty for failing to register can be up to five years in jail and/or
a fine of up to $250,000. In peacetime, with registration only, the regular
maximum penalties are four months and/or $2500. If you don't register, you
become ineligible for federal student aid, federal job training or civil
service employment. Below, is a summary of the penalties you will face:
STUDENT FINANCIAL AID
Men, born after December 31, 1959, who aren't registered with Selective
Service won't qualify for Federal student loans or grant programs. This
includes Pell Grants, College Work Study, Guaranteed Student/Plus Loans, and
National Direct Student Loans.
CITIZENSHIP
The U.S. Immigration and Naturalization Service (INS) makes registration with
Selective Service a condition for U.S. citizenship if the man first arrived in
the U.S. before his 26th birthday.
FEDERAL JOB TRAINING
The Workforce Investment Act (formerly called the Job Training Partnership Act
? JTPA) offers programs that can train young men for jobs in auto mechanics
and other skills. This program is only open to those men who register with
Selective Service. This applies only to men born after December 31, 1959.
FEDERAL JOBS
A man must be registered to be eligible for jobs in the Executive Branch of
the Federal government and the U.S. Postal Service. This applies only to men
born after December 31, 1959.
Some states have added additional penalties for those who fail to register.
See State Legislation.
A tactic used by many states is to require driver license applicant’s to
register. These states require a consent statement on all applications or
renewals for driver’s permits, licenses, and identification cards. The
statement tells the applicant that by submitting the application he is
consenting to his registration with the Selective Service if so required by
Federal law. Transmission of applicant data to the Selective Service is
accomplished electronically through an existing arrangement each state has
with the data sharing system of the American Association of Motor Vehicle
Administrators.
As of August 28, 2003, 32 states, 2 territories, and the District of
Columbia have enacted driver's license laws supporting SSS registration. They
are: (1) Enacted and Implemented ? Alabama, Arkansas, Colorado, Delaware,
Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana,
Mississippi, Missouri, New Hampshire, New Mexico, New York, Ohio, Oklahoma,
Rhode Island, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia,
the Commonwealth of the Northern Mariana Islands, the Virgin Islands, and the
District of Columbia; (2) Enacted But Not Yet Implemented - Arizona, Kentucky,
Maryland, North Carolina, South Carolina, and Wisconsin
Aid for Those Who Do Not Register
The good news is that there are alternative funds for financial aid for
those who cannot register for war because they believe registration is wrong.
A few colleges will provide scholarships to make up for the government money
denied. Mennonites, the Church of the Brethren, Quakers, Presbyterians and
Lutherans have such limited assistance funds to support non-registrants in
their own groups. There is a general fund, the Fund for Education and Training
(FEAT), which supports those who do not qualify for the other programs. FEAT
also would aid those who are denied job-training programs for refusing to
register for the draft.
Appealing the Penalties for Failure to Register
A non-registrant may not be denied any benefit if he can "show by a
preponderance of evidence" that his failure to register was not knowing and
willful. You will have to describe, in detail, the circumstances you believe
prevented you from registering and provide copies of documents showing any
periods when you were hospitalized, institutionalized, or incarcerated
occurring between your 18th and 26th birthdays. If you are a non-citizen, you
may be required to provide documents that show when you entered the United
States
The benefit agency official handling your case, not the Selective Service,
will determine whether you have shown that your failure to register was not a
knowing and willful failure to register. The final decision regarding your
eligibility for the benefit that you seek will be made by that same agency,
(for example, for student financial aid, this would be the Department of
Education.) With some agencies, an appeals process is available.
Registering Late, Change of Address
Legally, at any moment until your twenty-sixth birthday, Selective Service
must accept your draft registration card. Some young men delay registration
until the year in which they turn 21, or even until just before turning 26.
This method takes advantage of the way the draft lottery works.
A lottery based on birthdays determines the order in which registered men
are called up by Selective Service. The first to be called, in a sequence
determined by the lottery, will be men whose 20th birthday falls during that
year, followed, if needed, by those aged 21, 22, 23, 24 and 25. In other
words, under present law, which might change with a new draft, Selective
Service would first select randomly among those who turned 20 in the calendar
year of the call-up. In practice, while it's possible that a draft could move
beyond the age-20 selection group, the odds are against it.
It is important to remember that, once registered, even if it is the day
before your 26th birthday, you are once again eligible for federal and state
assistance.
Change of Address
Registrants are required to notify Selective Service within ten
days of any changes to any of the information provided on the registration
card, such as a change of address. According to the Center on
Conscience and War, very few registrants are doing so. A registrant must
report changes until January 1 of the year he turns 26. To notify Selective
Service, mark your change(s) on the Change Information Form attached to the
Registration acknowledgment Card and mail it to Selective Service, or complete
a Change of Information Form, SSS Form 2, which you can obtain at any U.S.
Post Office or U.S. Embassy or Consulate office. You may also notify Selective
Service of any change by letter, but be sure to include your full name, Social
Security Account Number, Selective Service Number, and date of birth, as well
as your new mailing address
If the registrant forgets to notify the Selective Service of any address
changes, or if the Selective Service loses that notification, the Selective
Service may have difficulty finding and notifying the registrant of induction
in case of a draft.
If you don't register before you turn 26, you will not be allowed to
register, even if you change your mind. You'd then be permanently barred from
such benefits, unless Congress or the courts act to change the law. A person
who fails to register by age 26 may use the same appeals process as described
above, under the section "Choosing To Not Register."
Registering But Resisting Induction
If you decide to register:
• Find a post office for your registration that has an accessible
photocopier.
• Print in legible black ink across the middle of the registration form: I AM
A CONSCIENTIOUS OBJECTOR TO WAR IN ANY FORM. This is not a classification, but
it may help you later to document your position as a CO. Selective Service
makes no record of this declaration in its computer files, but they do make a
microfilm record of the registration card. You should make a copy of your card
for your file.
• Make a photocopy of your registration form for your own records. Date it,
fold and seal it, and mail it to yourself. The postmark confirms the date.
• Put a complete statement of your conscientious objector beliefs on file with
your religious body, the CCW, the CCCO, or any other counseling agency.
After registration, Selective Service will send a "registration
acknowledgement" letter, which repeats the information the registrant gave on
the form and supplies a Selective Service Number. If any of the information is
incorrect, the registrant may return the accompanying Form 3B to correct any
mistakes. The registrant can retain this letter, Form 3A, as proof of his
registration.
Before anyone can be drafted, Congress and the President would have to
enact legislation authorizing new draft calls. If this happens, one can apply
for various postponements and reclassifications to delay induction, or to
avoid it entirely.
Filing for postponement or reclassification
Selective Service regulations are filled with loopholes, postponements, and
reclassifications for those who will not or cannot be drafted. A registrant
can file a claim only after receipt of an order to report for induction and
before the day he is scheduled to report (this means within 10 days). If you
were called up, you would receive an induction notice requiring you to report
on a certain date not less than 10 days from the date of the notice, to a
Military Entrance Processing Station (MEPS) unless you filed a claim for
exemption or deferment. Filing a claim involves no more than checking a box on
a form, and submitting it to the Selective Service.
After the Selective Service receives the claim, they will send you more
forms to complete. You must apply for any and all exemptions for which you
think you may qualify, and/or for classification as a conscientious objector.
A registrant automatically gets his induction delayed if he files a claim for
reclassification. He is also entitled to file for a postponement if he is a
student or if he has an emergency beyond his control, such as a serious
illness or death in his immediate family. The induction date will be postponed
until the draft board evaluates the validity of the claim. The Selective
Service publishes a booklet titled "Information for Registrants" which lists
each category of claim for postponement of induction into the armed forces and
each type of reclassification to become exempt from the draft. Under each
heading (accessible by the web) is a detailed description of the
qualifications and requirements for each category. The major headings are
listed below.
Postponements
1. Student Postponements
2. Emergency Postponements
3. Religious Holiday Postponements
4. Other Postponements
-State or National Examination Scheduled
-Military Academy Acceptance
-Reserve Officer Training Corps (ROTC) Applicant
-Acceptance for Reserve Officer Training Corps (ROTC) Program
Reclassifications
1. Members of the Armed Forces of the United States, the National Oceanic
and Atmospheric Administration or the Public Health Service (Class 1-C)
2. Deferment of Certain Members of a Reserve Component or Students Taking
Military Training (Class 1-D-D)
3. Exemption of Certain Members of a Reserve Component or Student Taking
Military Training (Class 1-D-E)
4. Conscientious Objectors Available for Noncombatant Military Service Only
(Class 1-A-O)
5. Conscientious Objectors to All Military Service (Class 1-O)
6. Conscientious Objectors to All Military Service (Separated from Military
Service) (Class 1-O-S)
7. Registrant Deferred Because of Study Preparing for the Ministry (Class 2-D)
8. Registrant Deferred Because of Hardship to Dependents (Class 3-A)
9. Registrant Deferred Because of Hardship to Dependents (Separated from
Military Service) (Class 3-A-S)
10. Registrant Who Has Completed Military Service (Class 4-A)
11. Registrant Who Has Performed Military Service for a Foreign Nation (Class
4-A-A)
12. Official Deferred by Law (Class 4-B)
13. Alien or Dual National (Class 4-C)
14. Treaty Alien (Class 4-T)
15. Minister of Religion (Class 4-D)
16. Registrant Exempted from Service Because of the Death of His Parent or
Sibling While Serving in the Armed Forces or Whose Parent or Sibling is in a
Captured or Missing in Action Status (Class 4-G)
17. Registrant Not Acceptable for Military Service (Class 4-F)
For a hard copy of the above information, write to Consumer Information
Center, Pueblo, CO 81009, and ask for "Information for Registrants." Enclose
$1 for processing, payable to Superintendent of Documents. The CCCO, CCW and
other counseling agencies will probably also have copies of this document
available.
Conscientious Objectors
Conscientious Objection is the category of reclassification of most
interest to the majority of draft resisters. In fact, every draft resister is
a conscientious objector in his own way. According to the Selective Service, a
conscientious objector is one who is opposed to serving in the armed forces
and/or bearing arms on the grounds of moral or religious principles. Beliefs
which qualify a registrant for CO status may be religious in nature, but don't
have to be. Beliefs may be moral or ethical, but according to the Selective
Service, a man's reasons for not wanting to participate in a war must not be
based on politics, expediency, or self-interest. In general, the man's
lifestyle prior to making his claim must reflect his current claims.
Be aware that, while similar, regulations regarding Conscientious Objection
differ for members of the military forces. For more information on claiming
Conscientious Objector status while a member of the Armed Forces, see "Advice
For Conscientious Objectors in the Armed Forces" by Robert Seeley on the CCCO
website.
Conscientious objectors should begin to document their claims well in
advance of being drafted since otherwise, their time will be very limited. COs
should have prepared in advance a file which documents their beliefs. At the
minimum, this file should include the photocopy of the registration card, a
comprehensive statement of beliefs, and letters of support for this statement.
The CCW website has articles with detailed instructions on how to prepare your
statement of beliefs and letters of support. There, you may also sign on to
the Conscientious Objector Affirmation. Such evidence can be presented to the
local board that will hear the claim for a CO classification. Compiling this
file should be done with supervision from a qualified draft counselor or
agency such as CCW or CCCO.
If you have one, get on record with your religious organization, especially
if there is an official registrar. File a provisional version of your claim
with them and/or with the CCW or CCCO. Request an analysis of your claim with
your counselor. Arrange for letters of support (signed and dated) and
documentation of your belief and a life-style consistent with your claim.
Arrange for witnesses and an advisor in advance of your hearing.
If you don’t have legal advice, get it. Keep your own file about your
beliefs about war and the draft. Keep records of all transactions with the
Selective Service System. Many local peace centers have information. The
Center on Conscience & Warfare (CCW) provides a counseling service by mail and
phone, and publishes aids for thinking out what you believe and what to do. So
does the CCCO, the Central Committee for Conscientious Objectors.
Be sure to learn the procedure for obtaining conscientious objection
status.
In general, once a man gets a notice that he has been found qualified for
military service (i.e., receives an induction letter), he has the opportunity
to make a claim for classification as a conscientious objector (CO). If a
registrant believes he can qualify for Class 1-O, he should complete the Claim
Documentation Form, Conscientious Objector (SSS Form 22), provided by his Area
Office and return the form to the Area Office with documents and written
statements to support his claim. Form 22 asks the applicant to answer three
questions.
1. Describe your beliefs that are the reasons for your claiming
conscientious objection to combatant military training and service or to all
military training and service.
2. Describe how and when you acquired these beliefs
3. Explain what most clearly shows that your beliefs are deeply held. You may
wish to include a description of how your beliefs affect the way you live.
You should begin preparing answers to these questions as soon as you decide
to claim Conscientious Objector status. The Center on Conscience and War
provides an excellent worksheet to help you.
A registrant making a claim for Conscientious Objection is required to
appear before his local board to explain his beliefs. Claimants for hardship
or ministerial classification may also request a personal appearance. At a
personal appearance you will have at least twenty minutes, and may present up
to three witnesses. You may be accompanied by an advisor, and may request that
the meeting be open. You cannot use a recorder at the meeting; but you can
submit your own summary within five days after the hearing.
If a claim of conscientious objector status is granted, Selective Service
regulations state that the registrant must perform alternative service. Of
course, one may also choose to resist or refuse alternative service for
reasons of conscience. Likely Alternative Service jobs are in the fields of
conservation, caring for the very young or very old, education, or health
care. Length of service in the program will equal the amount of time a man
would have been assigned to the military.
Appealing a Claim That Is Denied
The local board will decide whether to grant or deny a CO classification
based on the evidence a registrant has presented. If your claim is rejected,
you will receive a new induction date. The CCCO, CCW, and others can help you
find lawyers and/or counselors to help you through the lengthy appeals
process. The board must give reasons for rejection of your claim. You may
appeal a Local Board's decision to a Selective Service District Appeal Board.
If the Appeal Board also denies your claim, but the vote is not unanimous, you
may further appeal the decision to the National Appeal Board
Refusing Induction
You do, in good conscience, object to Registration and the Draft. This does
not change simply because the Selective Service denies your claim. Since there
is currently no draft, there are no rules governing those who refuse
induction. Historically, draft resisters have been prosecuted and penalized in
some manner. You can expect the same. If you choose to refuse induction or
were successful using one of the methods described above, you will join a long
line of conscientious objectors proud to have defended their freedom to make
their own conscientious decisions, and your freedom to do the same. For their
stories, check out one of the many books currently available on conscientious
objectors and conscientious objection. If you let your conscience be your
guide, not your fear or doubt or uncertainty, you will always make a good
decision, you will always be free, and you will never regret it.
Contact Information
• Center on Conscience & War (NISBCO)
1830 Connecticut Ave. NW, Washington, DC 20009
202-483-2220
800-379-2679
Fax: 202-483-1246
nisbco@nisbco.org
• Central Committee for Conscientious Objectors (CCCO)
1515 Cherry St., Philadelphia, PA 19102
215-563-8787
Fax 215-567-2096
info@objector.org
• CCCO West
630 20th Street Oakland, CA 94612
510-465-1617
Fax 510-465-2459
info@objector.org
References
Organizations
• The Selective Service System
• The Center on Conscience & War (CCW)
• The Central Committee for Conscientious Objectors (CCCO)
• The American Friends Service Committee (AFSC)
Articles
• "Medical Workers Face Military Draft" WorldNet Daily
• "It’s Not Your Father’s Draft" Youth & Militarism Magazine
Appendix 1: SEQUENCE OF EVENTS
Here is a brief overview of what would occur if the United States returned
to a draft:
1. CONGRESS AND THE PRESIDENT AUTHORIZE A DRAFT (see
draft on this site)
A crisis occurs which requires more troops than the volunteer military can
supply. Congress passes and the President signs legislation that starts a
draft.
2. THE LOTTERY
The lottery would establish the priority of call based on the birth dates of
registrants. The first men drafted would be those turning age 20 during the
calendar year of the lottery. For example, if a draft were held in 1998, those
men born in 1978 would be considered first. If a young man turns 21 in the
year of the draft, he would be in the second priority, in turning 22 he would
be in the third priority, and so forth until the year in which he turns 26 at
which time he is over the age of liability. Younger men would not be called in
that year until men in the 20?25 age group are called
3. ALL PARTS OF SELECTIVE SERVICE ARE ACTIVATED
The Agency activates and orders its State Directors and Reserve Forces
Officers to report for duty. See also Agency Structure.
4. PHYSICAL, MENTAL, AND MORAL EVALUATION OF REGISTRANTS
Registrants with low lottery numbers are ordered to report for a physical,
mental, and moral evaluation at a Military Entrance Processing Station to
determine whether they are fit for military service. Once he is notified of
the results of the evaluation, a registrant will be given 10 days to file a
claim for exemption, postponement, or deferment. See also Classifications.
5. LOCAL AND APPEAL BOARDS ACTIVATED AND INDUCTION NOTICES SENT
Local and Appeal Boards will process registrant claims. Those who pass the
military evaluation will receive induction orders. An inductee will have 10
days to report to a local Military Entrance Processing Station for induction.
The registrant appeal process begins when a registrant is dissatisfied with
his Local Board’s decision about his reclassification request and initiates an
appeal. The first line of appeal is to the District Appeal Board. In the case
of non-unanimous decisions of the District Appeal Board, the registrant may
appeal to the President through the National Appeal Board.
6. FIRST DRAFTEES ARE INDUCTED
According to current plans, Selective Service must deliver the first inductees
to the military within 193 days from the onset of a crisis.
September 16, 2003
David Wiggins [send him mail] is a
West Point (United States Military Academy) distinguished graduate and an
honors graduate of New York Medical College. He left the Army as a
Conscientious Objector, resigning his commission as an Army Captain on the
Iraqi front lines during Operation Desert Storm. He is currently an
Emergency Physician.
Copyright © 2003 LewRockwell.com
LINKS REFERRED TO IN THIS ARTICLE
