Cover
story
Early documentation is key to conscientious objector
status
By DEMETRIA MARTINEZ
Albuquerque, N.M.
Teenagers who think they might seek conscientious objector status
if the draft is revived need to start documenting their beliefs now, said
Albuquerque attorney Tova Indritz.
The draft is designed for swift implementation, said Indritz,
leaving precious little time for a young man to gather evidence of his beliefs
to present to a draft board.
Indritz has spoken to groups of young people about this issue.
“Many people don’t realize that the entire mechanism and
apparatus for implementing the draft is in place -- the Selective Service
board, and all the local draft boards, and the appeal boards.
“And according to the Selective Service they’ve even
prepared two drums to be ready for a lottery at a moment’s notice, one
with the numbers 1-365, and one with all the birth dates of the year,” she
said.
She laid out what she said would be a likely scenario should the
president call for a draft in the name of a “national emergency.”
“On Day 1, Congress passes a law” to reinstate the
draft, and the president signs the bill the same day or the next, said Indritz.
A lottery, “which could take as few as two hours,” is held the next
day, she said, to match each birth date with a number 1 through 365.
The Selective Service then immediately issues letters to those men
who turn 20 years old in that calendar year whose numbers matching their
birthdays were drawn in the lottery. The letters contain orders to appear for a
“physical, mental and moral evaluation” 10 days from the postmarked
date of the letter, said Indritz, citing government documents.
Indritz explained that a claim for conscientious objector status
must be turned in before the date of the evaluation. A draft board then
schedules a hearing. If the board turns down the request and if subsequent
appeals fail, a new date is set for a young man to proceed with his
evaluation.
“It can’t be that you pass the physical,” said
Indritz, “then start thinking about conscientious objector
status.”
According to the law, a conscientious objector is one who is
“opposed to war in any form,” Indritz said. “You can’t be
against the Vietnam War and for World War II,” she said.
One’s views must be grounded in a “moral belief,” a
“religion or something equivalent to a religion in your life,” said
Indritz. One need not believe in God, nor reject the idea of personal
self-defense, she said.
Before appearing before the draft board, a written statement
should be prepared explaining how one arrived at one’s beliefs and how
those beliefs have influenced how one lives one’s life, Indritz
explained.
What kind of supporting evidence might one submit to a draft
board? Indritz said evidence can include: letters of reference from teachers
and religious leaders, or their actual appearance as witnesses; journal entries
regarding one’s attitudes to war (these might include responses to
sermons, speakers or a relative’s participation in earlier wars); proof of
participation in antiwar protests; reading lists and proof of subscriptions to
religious or political publications that oppose war.
“If you have evidence from the week before, that’s not
going to be as good as something you’ve kept from age 14,” said
Indritz.
A man can also start to build his case the day he registers with
Selective Service.
Indritz said that the registrant can write in the margins of the
form, “I am a conscientious objector.” He should then make several
copies and mail one to himself on the same day he mails the official form.
After he receives his copy, he should save the copy and the postmarked
envelope.
Registering with selective service is required by law. It must be
done within 30 days of a young man’s 18th birthday. Failure to do so is
punishable by up to five years in prison and $250,000 in fines. No one,
however, has been prosecuted since the 1980s, Indritz said.
But there are “other prices” that people pay, she
explained. Failing to register makes one ineligible for federal student aid and
federal jobs for life. Numerous states also have penalties. Arizona, for
example, denies state employment to those who fail to register; Arkansas denies
driver’s licenses.
Technically, a man can submit his registration as late as his 26th
birthday; though he still risks prosecution, the government is obligated to
accept the form. But failure to register by age 26 means that “one can
never, ever” get certain type of government jobs, said Indritz. These are
consequences that young people rarely think through, she said.
A new draft is not a far-fetched scenario, according to Brian
Cross, development director for the Central Committee for Conscientious
Objectors.
Cross told NCR that the organization has been besieged by
phone calls since the Sept. 11, 2001, terrorist attacks. Callers seeking
information have included people inside and outside the military, including
concerned parents.
The committee, which has offices in Oakland and Philadelphia, was
founded after World War II.
“For every request for literature we received in August 2001,
we received 400 requests in October 2001,” said Cross. The
organization’s GI Rights Hotline received about 2,100 calls last year, and
Cross expects to log more calls this year. The hotline provides information
about objector exemptions as well as all other legitimate bases for a
discharge.
Cross’ work includes educating religious groups as to what
they can do to support conscientious objectors. He cited as an example Quakers
who include in their minutes of a meeting that “Harry Smith has decided to
become a conscientious objector,” notes that can be used as documentation
before a draft board.
Cross said that outreach to Catholics has become a top priority
for him. Churches need to know how they can be responsive to conscientious
objectors, he said, providing information and support. “We want to help
Catholic churches gear up to become centers for peace,” said Cross.
Demetria Martinez is a frequent contributor to NCR. She
writes from Albuquerque.
National Catholic Reporter, March 21,
2003
|
