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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
Object Description
Title | Erroneous induction/enlistment |
Place of publication | Philadelphia, Pennsylvania |
Publisher | Central Committee for Conscientious Objectors |
Publication date | 1971 |
Language | English |
Country | United States |
Digital Format | XML |
Publisher-Electronic | Wisconsin Historical Society |
Publication Date-Electronic | 2016 |
Rights | Copyright belongs to the individuals who created them or the organizations for which they worked. We share them here strictly for non-profit educational purposes. If you believe that you possess copyright to material included here, please contact us at asklibrary@wisconsinhistory.org. Under the fair use provisions of the U.S. copyright law, teachers and students are free to reproduce any document for nonprofit classroom use. Commercial use of copyright-protected material is generally prohibited. |
Owner | Brünn, Harris Watts Collection - Ephemera Soldiers Movements, International Institute of Social History, Amsterdam |
Type | Text |
Digital identifier | giEphemera323000 |
Description
Title | p. 1 |
Language | English |
Digital Format | JPEG2000 |
Publisher-Electronic | Wisconsin Historical Society |
Publication Date-Electronic | 2016 |
Rights | Copyright belongs to the individuals who created them or the organizations for which they worked. We share them here strictly for non-profit educational purposes. If you believe that you possess copyright to material included here, please contact us at asklibrary@wisconsinhistory.org. Under the fair use provisions of the U.S. copyright law, teachers and students are free to reproduce any document for nonprofit classroom use. Commercial use of copyright-protected material is generally prohibited. |
Owner | Brünn, Harris Watts Collection - Ephemera Soldiers Movements, International Institute of Social History, Amsterdam |
Full text | 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 |
Type | Text |
Digital identifier | giEphemera323001 |