Can You be Drafted after Serving in the Military?
In the United States, military service can be a long-term commitment, with enlistment terms ranging from two to six years. For those who have served in the military, a question often arises: Can I still be drafted after my service ends? In this article, we’ll delve into the laws and regulations surrounding military drafting and answer this question for you.
What is the Draft?
In the United States, a draft is a system of conscription, where individuals are forced to serve in the military for a period of time, usually a year or two. The draft was previously used from 1948 to 1973 to fill manpower gaps during wartime and conflicts. Although the draft is no longer used to mobilize troops for war, it still exists as a means of addressing military shortfalls during peacetime.
Conscription Today
Currently, the Selective Service System (SSS) maintains a registry of all eligible males aged 18-25 who are required to register with the system. The SSS was created in 1948 and is managed by the United States Department of Defense.
Exemptions
Not all individuals are required to register with the SSS. Certain groups are exempt from military service, including:
- Citizens of Micronesia, the Marshall Islands, and Palau: As part of a compact of free association with the United States, these countries exempt their citizens from military service.
- American Indians: While they are U.S. citizens, Native Americans are considered sovereign nations and are not subject to the draft.
- Conscientious objectors: Individuals who have filed a declaration of conscientious objector status with the Selective Service System may be exempt from military service.
- Minors: Individuals under the age of 18 are not eligible to register with the Selective Service System.
Can You be Drafted after Serving in the Military?
In most cases, no. According to the Military Selective Service Act (1967), individuals who have served in the military cannot be drafted for a second tour of duty. Article 5 of the act states: "A person who is a member of the uniformed services may not be ordered to perform active duty under this title after having completed a prior tour of active duty, other than an initial tour."
This means that if you’ve already served a tour in the military, you won’t be called back to active duty under the Selective Service System. However, there are exceptions:
- Active Duty for Operational Support (ADOS): The Pentagon has authorized ADOS deployments, where individual units can be mobilized for limited periods, often in response to emergency situations. If you’ve served previously and are still within the specified age range (18-25), you may still be required to register for ADOS deployment.
- Military Reserves and National Guard: While regular military personnel cannot be drafted for a second tour of duty, Reserve and National Guard units may be mobilized in times of emergency. Members of Reserve and National Guard units must still register with the Selective Service System and meet the age requirement (18-25) to be eligible for activation.
- Exemptions for Combat-Related Disabilities: In cases where a veteran has sustained combat-related injuries, they may be exempt from subsequent military service.
Additional Considerations
If you’ve previously served in the military, it’s essential to register with the Selective Service System even if you believe you’re no longer subject to the draft. This is because failure to register can result in significant penalties, including fines, imprisonment, or loss of federal benefits.
If you’re currently serving and have questions about your future military commitments or potential conscription, consult your chain of command or contact the Selective Service System directly.
Key Takeaways
- Regular military personnel who have served a prior tour of duty are generally not subject to the draft for a second tour of duty.
- Active Duty for Operational Support (ADOS) deployments can still require prior-service members to register for duty.
- Military Reserve and National Guard members must still register with the Selective Service System and meet the age requirement (18-25) to be eligible for activation.
- Exemptions exist for combat-related disabilities, and failure to register with the Selective Service System can result in significant penalties.
By understanding the intricacies of military conscription, you’ll be better prepared to make informed decisions about your service and potential future military commitments.
