Conscientious Objection to War
by Don Olson, draft counselor
If you learned about the draft during the Vietnam War, keep in mind that procedures have changed. Here is some up-to-date information.
Registration
The U.S. now requires registration for Selective Service but is not currently drafting into the military. All men age 18 have 30 days to register at a local post office. Those that do not will receive threatening letters from the Department of Justice. No one has been prosecuted for over a decade, but if indicted and convicted for non-registration, the maximum penalty is five years' imprisonment and/or a $250,000 fine. During the 1980s, 21 men were indicted. The average sentence for those convicted was less than six months and there were one or two fines of $10,000. Fines during the Vietnam era were rare.
Men between the ages of 18 and 26 have a continuing, daily obligation to register until age 26, when the five-year statute of limitations begins. This means that one could be prosecuted for non-registration until age 31.
Hundreds of thousands of men have not registered and the decision by the government on whether to prosecute is political. Today, carrots rather than sticks are used for compliance. Thousands of men have reluctantly registered because they need to borrow money to go to college. Because most college loan funds originate with the federal government, the U.S. Congress passed a law that a loan applicant must attest to his registration. Fraudulently affirming is also a felony, subject to penalties of up to five years' imprisonment. Other federal government penalties for non-registration include ineligibility for federal job corps training and federal civil service jobs.
There is no legal way to sign up for conscientious objection when registering at age 18, unlike during Vietnam, so there obviously is no penalty for not doing so. However, a registrant could write between the lines on the form "I am a conscientious objector" (CO). There is no way for the Selective Service to record that CO status on the notice of registration subsequently sent to the registrant. But the registrant can then send a certified letter attesting to his conscientious objection. When sending this letter, request a return receipt and keep a copy of the letter, the receipt, and a copy of the original registration form for your records.
The Draft
If tomorrow Congress granted the president the power to induct, a lottery would be conducted with a rank ordering of birthdays for men age 20 -- the maximum year of liability. Those that "won" the lottery could be ordered for induction in as little as ten days later. Those that passed a pre-induction physical would be ordered to step forward, almost always into the U.S. Army.
This ten-day period after receiving an induction order is the time to apply for any deferment or exemption, such as conscientious objection. Those who applied would automatically have their induction order cancelled and automatically be scheduled for an appearance before a local claims board -- the successor of draft boards.
For the CO applicant, the claims board would base its decision on written material presented to the board in answer to its questions. If granted, the CO applicant would then be ordered to perform two years of alternative service -- something in the national health, safety, or interest.
Denials by the claims board must be made in reference to something in the written or verbal record. The claims board cannot merely contend that the applicant is insincere. There would be appeal procedures for denials.
To be adjudged a conscientious objector, one must be conscientiously opposed to one's participation in war in any form by reason of deeply held moral, ethical, or religious beliefs. It cannot be for political or philosophical reasons, or a merely personal moral code. These strange distinctions by the U.S. Supreme Court can likely be navigated by a registrant with no problem with the help of a trained counselor.
Delayed Entry Program
The military recruiters are very active in the high schools, especially in the fall, trying to sign up students for the Delayed Entry Program before they have a clear idea of what possibilities they might have after high school. For those that change their mind after signing up for the Delayed Entry Program, I have had 100 percent success in helping them get out of the program.
Conclusion
Do I think there will be a draft? No. But what do I know? In any case it is good to be prepared. The values formation for young people (or any of us) as we consider ideas about war, peace, and killing, is extremely important. Making a decision about registration or conscientious objection is a means to examine the events of the world and how one fits within them.
WAMM Action!
Conscientious Objection and Draft Registration
Thursday, October 18, 2001
7:00 p.m.
Sabathani Community Center
310 East 38th Street
Minneapolis
Join in small group discussion with draft counselors and seasoned activists. Learn about the rights and responsibilities of conscientious objection to war. Please RSVP to the WAMM office: 612-827-5364 or wamm@mtn.org.
Conscientious Objection Resources
Center on Conscience & War (NISBCO)
1830 Connecticut Ave. NW
Washington, DC 20009
202-483-2220 (phone)
202-483-1246 (fax)
nisbco@nisbco.org
www.nisbco.org
Central Committee for Conscientious Objectors (CCCO)
1515 Cherry St
Philadelphia, PA 19102
215-563-8787 (phone)
215-567-2096 (fax)
info@objector.org
www.objector.org