Erroneous Ind uct ion/Eni ist ment
April 1971
Each year thousands of men are drafted unlawfully—men who did not meet the
standards of induction or whose draft boards wrongfully denied them certain
rights.  In addition, other men are enlisted into the various branches of the
military even though they do not meet the standards set up by regulations. And
other men are enlisted and find out later that the military is unable to carry
out contract agreements. All of these men are eligible for Convenience of the
Government discharges. This memo discusses erroneous induction and erroneous enlistment and the various administrative and legal remedies possible in such cases.
I. ERRONEOUS INDUCTION
For an induction to be legal, all of the following must be true:
A) The man must be properly classified I-A or I-A-O when the induction order is
issued.  If prior to the issuance of the order he had presented new information
which, if true, would have warranted a new classification, his local board'should
have reopened his case.  The board must consider any such evidence the man submits,
even if he does not specifically ask for a particular classification. If the board
turned down a claim for a classification other than I-A or I-A-O, it needs a basis
in fact. There must be in the file factual evidence (as opposed to opinions or
subjective judgment) that it was proper for the board to deny the requested classification, and in most federal court circuits the boards are required to specifically
list the basis in fact they used in denying the request.  See the attached memo,
"Selective Service Classifications," for an overview of the various classifications
for which a man may be eligible. An alien may be eligible for any of the classifications, but there are special complications. See the CCCO memo, "Aliens and
the Draft."
B) The appeal period must have expired. When a man gets a new classification
card from his local board, he has 30 days from the mailing date of the card to
request a personal appearance. After the personal appearance, the board must send
the man.a new .classification card.  If dissatisfied with this classification, the
man may request an appeal to the state appeal board within 30 days of the mailing
date of the card.  (He has 60 days to request this appeal if he is outside the
United States, Puerto Rico, the Virgin Islands, Guam, the Canal'Zone, Canada,
Cuba and Mexico.)
After a state appeal board decision that is not unanimous, the man has another 30
day period during which he may request an appeal to the Presidential Appeal Board.
If timely, these requests for appeal must be honored.
The 30-day period starts the day after the mailing date of the card from SSS to
him. His reply must be postmarked within 30 days, but need not reach the local
board during those 30 days. A man may skip the request for a personal appearance
and in the first 30-day period may request an appeal to the state appeal board,
and that must be granted. Or he may, in the first 30 day period, request both
the personal appearance and the appeal to the state appeal board; he must be
granted the personal appearance and, if unsuccessful there, the appeal. A man
need not be specific in his request for appeal; the language of his request is
to be liberally construed in his favor.
CCCO
AN   AGENCY  FOR National: 2016 Walnut Street, Philadelphia, Penna. 19103 (215)568-7971
MILITARY AND Midwest: MCDC, 711 S. Dearborn Street, Chicago, III. 60605 (312)427-3350
DRAFT   COUNSELING Western Region: 437 Market Street, San Francisco. Cal. 94105 (415)397-6917