Sole Surviving Son or Daughter

Senior woman in apron smiling at son in military uniform, side view
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Contrary to popular belief, "only sons," "the last son to carry the family name," and "sole surviving sons" must register for the draft, they can be drafted, and they can serve in combat. However, they may be entitled to a peacetime deferment if there is a military death in the immediate family.

Provisions regarding the survivors of veterans were written into Selective Service law after World War II.

Details have varied over the years, but the basic premise remains the same; where a family member has been lost as a result of military service, the remaining family members should be protected insofar as possible.

It is important to keep in mind that the provisions are directly related to service-connected deaths. The mere fact that a man is the only child or only son does not qualify him for consideration - he must be the survivor of one who died as a result of military service.

The present law provides a peacetime exemption for anyone whose parent or sibling was killed in action, died in line of duty, or died later as a result of disease or injury incurred in line of duty while serving in the armed forces of the United States. Also included are those whose parent or sibling is in a captured or missing status as a result of service in the armed forces during any period of time. This is known as the "surviving son or brother" provision.

A man does not have to be the only surviving son in order to qualify; if there are four sons in a family and one dies in the line of duty, the remaining three would qualify for surviving son or brother status under the present law.

The surviving son or brother provision is applicable only in peacetime.

It does not apply in time of war or national emergency declared by the Congress.

The original law, passed in 1948, exempted the sole surviving son of a family where one or more sons or daughters died as a result of military service. No restriction existed at that time to limit the exemption to peacetime. The provision was intended to protect families which had lost a member in World War II.

In 1964, recognizing that sons of World War II veterans were reaching draft age, Congress changed the law to include the sole surviving son of a family where the father, or one or more sons or daughters, died as a result of military service. At this time the peacetime-only restriction was also added to the law.

A further change was made in 1971, expanding the exemption to any son, not necessarily the sole surviving son, of a family where the father, brother or sister died as a result of military service. This provision was recently expanded to include mothers.

 

Military Discharges

In addition to peace-time draft deferment, the Department of Defense authorizes discharges for any son or daughter in a family in which the father or mother or one or more sons or daughters:

  • Have been killed in action or have died when serving in the U.S. Armed Forces from wounds, accident, or disease.
  • Are in a captured or missing-in-action status.
  • Have a permanent 100 percent Service-related disability (including 100 percent mental disability), as determined by the Veterans' Administration or one of the Military Services, and are not gainfully employed because of the disability.

Under the provisions of DOD Directive 1315.15, this is a voluntary separation procedure which must be initiated by the service member. It does not apply during times of War or National Emergency declared by Congress.

It also does not apply to commissioned officers or warrant officers unless they were involuntarily drafted into the Armed Forces (as there is currently no draft going on, that means commissioned officers and warrant officers cannot be released from service under this provision).

Additionally, service members who enlist, reenlist, or voluntarily extends his or her active duty period after having been notified of the family casualty on which the surviving status is based shall be considered as having waived his or her rights for separation as a surviving son or daughter.

A member who has waived his or her right to a separation as a surviving son or daughter may request reinstatement of that status at any time. However, a request for reinstatement shall not be granted automatically, but shall be considered on the merits of the individual case.

Assignment Limitations

In addition to being able to request a discharge, sole surviving sons and daughters are exempt for involuntary deployment or assignment to combat areas.

However, for the assignment limitation program, there are a couple of differences. First of all, it applies to commissioned and warrant officers, as well as enlistment members.

The biggest difference, however, is that under the discharge provisions, an enlisted member doesn't have to be the "sole" surviving son or daughter in order to apply for a discharge. Under the assignment policy, however, one must be the "sole surviving son or daughter.

A sole surviving son or daughter is a service member who is the only surviving son or daughter in a family where the father, or mother, or one or more sons or one or more daughters, served in the U.S. Armed Forces, and as a direct result of the hazards of duty in the Service, the father, or mother, or one or more sons or daughters:

  • Was killed, or
  • Died as a result of wounds, accident or disease, or
  • Is in a captured or missing-in-action status, or
  • Is permanently 100 percent physically disabled (including 100 percent mental disability), as determined by the Department of Veterans Affairs or one of the Military Services, and is not gainfully employed, because of that disability. In the Marine Corps, the veteran must also be "continually hospitalized."
Sole surviving sons or daughters, upon request (or request from member’s immediate family) for noncombat duty may not be assigned to duties normally involving actual combat or to duty where the member might be subjected to hostile fire. In the Air Force, the deferment request must come from the member, not the immediate family.

Members may waive entitlement to the assignment limitation, whether entitlement was based on the member's own application or the request of the member's immediate family.

Unless entitlement is waived, "sole survivor" military members will not be assigned to:

  • Combat and hostile fire areas.
  • Duties that require travel within the limits of the hostile fire zone.
  • A command where combat conditions exist, unless the area is not physically located in the geographical limits of the hostile fire zone.
The requirement that death or disability be a direct result of the hazards of service does not require that the family member’s death or disability occur in combat or during assignment to a designated hostile fire or imminent danger area, but does require that death be determined as in the line of duty. (In general, in the line of duty means death or disability did not occur: while the person was in desertion status or voluntarily absent without authority for more than 24 hours or voluntarily absent from a scheduled duty, a formation, a restriction, or an arrest; by reason or a condition that existed before service; or as a result of his or her own misconduct [the term "misconduct" includes both willful misconduct and gross negligence]).

Examples:

Example One: A male captain has one brother and two sisters. The brother dies in a military training accident. This member would be eligible for hostile fire assignment deferrment, because there are no other brothers left. He is the "sole surviving son."

Example Two: A female Private First Class has one sister and one brother. The brother dies in combat. The member would not be eligible for combat zone assignment deferrment, because she is not the sole surviving daughter (there is another daughter still living).

Example Three: A female major has no brothers or sisters. While serving in the military, her father becomes rated as 100 percent disabled (service-connected) by the VA. The member is eligible for hostile fire assignment deferrment, because she becomes the "sole surviving daughter" when the father was rated 100 disabled by the VA.

Example Four: A male Staff Sergeant has one brother. While serving in the military, his father becomes rated as 100 percent disabled (service-connected) by the VA. In this case, the member is not eligible for hostile fire assignment deferrment, because he isn't "sole surviving;" there is another "son" (his brother) who is living and not disabled.

Members who have waived sole surviving son or daughter status may request reinstatement of that status at any time. If reinstatement is approved, the member will be removed promptly from the hostile fire area or to a “safe haven” within the combat zone until reassignment.

Some of the above information courtesy of the Selective Service

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