Induction (anyone JAG, please read)
 

I stumbled across a couple of interesting details in a search of judicial text. As may be known to some of you, I intend to migrate to the USA. This will be coupled with service in the US Army. I want to do this to defend a way of life, with the US constitution as foundation for society. I also see it as a challenge, something that could prove fun, and a close camaraderie. It was a desire to not make times or completion or much else for that matter known before being able to reply on here as a member of the finest fighting force on earth. Now, however, I have found something that I need help to interprete, so that will have to take a back seat.

This is primarily directed at everyone serving with JAG. Anyone who knows the answers or can forward me to somebody who does - please reply here or by PM.

Foreigners outside of the USA and a few select islands (Federation States of Micronesia, Guam, etc) are not allowed to enlist without obtaining an I-551 visa, or Legal Permanent Residence status (LPR/green card). There is, however, a legal difference between enlistment and induction.

A hint is first provided in Immigration and Naturalization Act (INA) 329 about naturalization of military members. To quote liberally from INA 329, Sec. 329. [8 U.S.C. 1440]

(a) Any person who, while an alien or a noncitizen national of the United States [...] (1) at the time of enlistment, reenlistment, extension of enlistment, 1/ or induction [...] whether or not he has been lawfully admitted to the United States for permanent residence, or (2) at any time subsequent to enlistment or induction such person shall have been lawfully admitted to the United States for permanent residence."

...is eligible for naturalization. Key points are, a) that both induction and enlistment are listed explicitly, b) that it says that they do not expect you to have legal permanent residence status to be in the Armed Forces.

Army regulation 601-210, chapter 2, page 5-6 are the regulations that specifies the citizenship requirements for AD and ARNG. They only talk about enlistment. As a matter of fact, the only time induction is mentioned is in the first chapter, page 3.

(1) Statutory service. Under provisions of 10 USC 651, each person who becomes a member of the U.S. Armed Forces, either by enlistment, appointment, or induction, will serve in the U.S. Armed Forces for a total initial period of 8 years. Any part of such service that is not active duty (AD) will be performed in a Reserve Component. A person’s statutory military service obligation runs concurrently with a contractual military service obligation.

Again they make a difference between enlistment and induction. What appointment means, I don't know.

Who are eligible for induction? Let's have a look at H. R. 4752:

SEC. 2. NATIONAL SERVICE OBLIGATION.

(a) Obligation for Service- It is the obligation of every citizen of the United States, and every other person residing in the United States, who is between the ages of 18 and 42 to perform a period of national service as prescribed in this Act unless exempted under the provisions of this Act.

This should be what permits the law that says that the Selective Service System (SSS) shall register illegal aliens in case of a draft. It does not make a reference to I-551 or LPR.

Further down the same bill:

SEC. 5. INDUCTION.

[...]
(c) Voluntary Induction- A person subject to induction under this Act may volunteer for induction at a time other than the time at which the person is otherwise called for induction.

Which kinda makes you show a wide grin across your face.

In comparison, S.1043 Department of Defense Authorization Act of Fiscal Year 2006:

SEC. 521. UNIFORM CITIZENSHIP OR RESIDENCY REQUIREMENTS FOR ENLISTMENT IN THE ARMED FORCES .

[...]
`(b) CITIZENSHIP OR RESIDENCY- (1) No person may be enlisted in any armed force unless such person is a citizen or national of the United States, a habitual resident of the Federal States of Micronesia, the Republic of Palau, or the Republic of the Marshall Islands, or has been lawfully admitted to the United States for permanent residence under the applicable provisions of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

`(2) The Secretary concerned may waive the applicability of paragraph (1) to a person if such Secretary determines that the enlistment of such person is vital to the national interest.'.

I may not qualify as vital to the national interest. :)
But once again, enlistment is not induction.

Is that all there is to it? No, Prior Act listed in Sec 4. (c) is used "to the extent deemed appropriate by the President". That Prior Act is Military Selective Service Act (50 U.S.C. App. 451 et seq.) which says this:

Sec. 454. Persons liable for training and service

[...]
(c) Opportunity to enlist in Regular Army; voluntary induction; volunteers
under 18 years old

[...]

(3) Within the limits of the quota determined under sections 5(b) (section 455(b) of this Appendix) for the subdivision in which he resides, any person, between the ages of eighteen and twenty-six, shall be afforded an opportunity to volunteer for induction into the Armed Forces of the United States for the training and service prescribed in subsection (b), but no person who so volunteers shall be inducted for such training and service so long as he is deferred after classification.

Fits the bill for voluntary induction, no criteria for deferment are met. The last one is not particularly strange since the SSS would probably not be allowed to register illegal aliens otherwise.

Questions before I start packing whether or not the Green card Diversity Lottery comes through this summer:
1. Am I missing some law or regulation in regards to voluntary induction?
2. Can a recruiter perform voluntary induction, or if not, who can?

Thank you very much.

Martin

Drafted
 

Hey Martin;

Think drafted. People were drafted or volunteered. Now it's all volunteer. Some would get their notice in the mail to be drafted into the Army and would volunteer for the AF or Navy.

I had to get my draft card before they would like me volunteer. That was my first run in with the paper work drill. I should have learned.

Anyway, nice to see you working on it but I can't help you with the legal side of things for getting in.

Pete

Been a long time, but IIRC.

Induction is generally the result of being drafted or conscripted.

Enlistment is the voluntary joining of the armed forces.

Appointment is the process of officers becoming service members. They are offered an appointment (or commission) as a miltary officer.

This is based upon my recollection, I am sure that one of our legal staff can give you a better explanation for the terms and their meaning.

TR

Thanks. I edited my post to be more specific in the question: voluntary induction, in line with the notes in HR 4752 and MSSA.

Martin

Martin,

I telephoned the Staff Judge Advocate that looked into this for you, previously.

She was, of course, busy and could only provide a cursory review. She also cautioned this area of law is not a strength.

It is her quickly researched understanding that "induction" is related to "conscription". This also can be stated as "statutory military service", meaning that the law compels military service to those selected.

"Voluntary Induction" refers to a person subject to induction whom chooses to enter into military service at a time, otherwise than called for induction. This is allowed so that person could have choice in branch, yet fulfill their statutory military service requirement.

While the U.S. maintains the Selective Service System, there is no active "induction for conscription" or "draft".

Since there is no "draft", you could not avail yourself to "Voluntary Induction".

That is Her opinion, and while I argue with Her on a regular basis, I rarely win on any subject matter.

She said to tell you, good luck and don't give up.

-Seth

Damn.

Seth, thanks! Please pass on my appreciation.

I just didn't want to bother you and her, and thought that the collective pool of knowledge here may have been through something like this before.

If anyone has an innovative idea, please share.

Martin