Law & Legal & Attorney Military

Information on the Military Draft

    Function

    • The draft exists to provide the United States armed forces with sufficient forces in times of national crisis that require a greater number of troops than an all-volunteer military can provide.

    History

    • Congress ended the military draft in 1973, as the United States withdrew forces from Vietnam. Since that time, the U.S. military has consisted entirely of volunteer members. However, in 1980, Congress required registration with the Selective Service, the agency responsible for implementing a draft, as a contingency.

    Registration

    • Men ages 18 to 25 must register with Selective Service. Men can register at local post offices. Failure to register with Selective Service is a federal offense, punishable by a fine of up to $250,000 and up to five years in prison.

    Draft Time Frame

    • When a crisis erupts that requires additional military personnel, Congress can pass legislation authorizing a military draft. A draft becomes law when the president signs the authorizing legislation. The Selective Service then implements a lottery system based on birthdays, which determines the order in which registered men are contacted for the draft. Men contacted by Selective Service must report to a military processing center for a physical and mental evaluation. Those who pass their evaluations are inducted into the military. Men given induction notices have 10 days to report to a military processing station for induction.

      According to Selective Service, men who will turn 20 the year in which a draft is authorized would be the first to be called under the lottery system. This would be followed by men turning 21, 22, 23, 24 and 25, respectively. Selective Service stated that 18- and 19-year-olds are not likely to be drafted.

    Misconceptions

    • College students are no longer exempt from the military draft, as they were during the Vietnam War. However, students can postpone their induction until the end of a current semester. In addition, sole surviving sons are eligible for the military draft, as are men who are the only sons of their families.

    Conscientious Objectors

    • Men opposed to military service or bearing arms can claim exemption from the draft as conscientious objectors. To make such a claim, they must appear before their local draft board, which processes such claims. Claiming conscientious objector status may require written documentation, including a statement of how you arrived at these beliefs and the influence they have on how you live your life. You may need witnesses who support your claims, as well. Approval or denial of a conscientious objector claim is at the discretion of a local draft board.

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