• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Just an odd questionm from an 8 yo

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? Kansas

I know that military law is different from any other law but my 8 year old wants to know if it is true that if you are the only male in your family: are you allowed to join the military? Would you be sent into battle if you are the only male in the family?

He wants to join the Marines when he is old enough. My son was in the Marines and he wants to be like his Uncle Allen. His uncle has two childern, a boy and a girl.

Thanks for your answers.
 
Last edited:


yeah you can still serve if you are the only male in your family... im not to sure what the deal is with carrying on the last name.. i think it was someone thing that was used while we had a draft. but i could be wrong
 

tigger22472

Senior Member
Hopefully someone more accurate will come and answer but unless I am mistaken or they have changed things, I don't believe they can DRAFT an only male child, however if they volunteer I believe that is different. Also since the 1930's (I believe) and the 5 Sullivan brothers were enlisted and aboard the same boat that was fired upon they don't allow 'brothers' to be stationed in the same area or on the same ship. Now, if you paid attention to 'Saving Private Ryan' all three males enlisted in the military, they were all sent to different places but they were ordering the last one home after the two others were killed, again this had to do with preventing lineage to family.
 

fozzy2

Member
Sole surviving son

The term describing the regulations you are wondering about is "sole surviving son", though it is now officially called "sole surviving son/daughter." Currently, it only applies in a limited number of circumstances.

IF you are the only remaining son or daughter AND an immediate family member has been killed in the line of duty (or 100% disabled and unable to work) then you can request status as a "sole survivor". This means you will not be assigned to combat duty or duty where hostile fire is likely. A person in the military can 'waive' the status -- in other words even if you are a sole survivor you can decide to still take combat/hostile assignments.

Note, this only applies if you have had a family member killed in the line of duty. It does not apply, for example, if you are an only child, etc. The general idea is that if a family has already 'sacrificed' at least one family member in military service, the survivor should be exempt from very dangerous duty.

Some services may, as a matter of policy, also give other people the opportunity to decline combat duty. For example, I have heard that in some cases servicemembers who have lost a sibling in Iraq have been given the option of declining a tour in Iraq, even though they didn't meet "sole survivor" status. Such policies can change quickly and are often on a case-by-case basis, however.

BTW, there was never any law passed as a result of the Sullivan brothers all dying together. The navy has always considered (and often approved) requests by brothers/sisters to serve together.
 

tigger22472

Senior Member
I admit my mistake as I researched it and asnoted I believed the 'myth'

Reference to a "Sullivan Act" in connection with family members serving in the same ship/unit is a popular misconception. The Sullivan Law of 25 May 1911 is a New York City ordinance dealing with firearms. Although proposed after the death of the five Sullivan Brothers, no "Sullivan Act" was ever enacted by Congress related to family members serving together. Similarly, no President has ever issued any executive order forbidding assignment of family members to the same ship/unit.

1) Bureau of Naval Personnel Information Bulletin, 1942; Extract on the assignment of brothers to same ship or station

[Source: Bureau of Naval Personnel: Information Bulletin, July 1942, Number 304, World War II Command File, Operational Archives Branch, Naval Historical Center, Washington, DC]

[Article forbids commanding officers to forward requests from brothers to serve in same ship/station. Issued July 1942, but does not seem to have been enforced in practice.]


--------------------------------------------------------------------------------

"The Bureau considers that it is to the individual family interest that brothers not be put on the same ship in war time, as the loss of such a ship may result in the loss of two or more members of the family, which might be avoided if brothers are separated. An instance of this was the loss of three brothers on the USS Arizona at Pearl Harbor, T. H. (Territory of Hawaii), on December 7, 1941. In view of the above, Commanding Officers will not forward requests for brothers to serve in the same ship or station."

Here is also some information with the US Navy on sole surviorship...remembering this is just Navy... not necessarily all military branches...

(2) Bureau of Naval Personnel Circular Letter 345-44, 15 November 1944; Sole-survivor policySole Survivor Policy
[Source: Navy Department Bulletin All Ships and Stations Letters, January-June 1945
(Still in effect 30 June 1945), Navy Department, World War II Command File, Operational Archives Branch, Naval Historical Center, Washigton, D.C.]



--------------------------------------------------------------------------------


BuPers [Bureau of Naval Personnel]

CIRCULAR LETTER NO. 345-44
44-1285--Return to the United States of Sons of War-Depleted Families
Pers -10D -JK, P16-3/00, 15 November 1944

ACTION: ALL SHIPS AND STATIONS

1. In recognition of the sacrifice and contribution made by a family which has lost two or more sons who were members of the armed forces and has only one surviving, and he is serving in the Navy, Marine Corps, or Coast Guard, consideration will be given to his return to, or retention in, the continental limits of the United States, except when he is engaged in nonhazardous duties overseas.

2. Applications for return to, or retention in, the continental limits of the United States must be filed by the serviceman himself or his immediate family. Request from the individual concerned shall be submitted officially to the Bureau of Naval Personnel for naval personnel, Commandant of the U. S. Marine Corps for Marine Corps personnel, and Commandant of the U. S. Coast Guard for Coast Guard personnel by their commanding officers. Applications received from immediate families shall be referred to the Bureau of Naval Personnel, Commandant of the U. S. Marine Corps, or Commandant of the U. S. Coast Guard, as appropriate.-BuPers. L. E. Denfeld.





(3) Bureau of Naval Personnel Circular Letter 107-45, 14 April 1945; Sole-survivor policy
[ Source: Navy Department Bulletin All Ships and Stations Letters January-June 1945
(Still in effect 30 June 1945), Navy Department, World War II Command File, Operational Archives Branch, Naval Historical Center, Washington, D.C.]



--------------------------------------------------------------------------------


BuPers [Bureau of Naval Personnel]

CIRCULAR LETTER NO. 107-45
45-380--Return to the United States of Sons of War-Depleted Families
Pers-2-LD, P16-3/MM, 14 April 1945



(4) Bureau of Naval Personnel Circular Letter 281-45, 28 September 1945; Members of Families Serving in the Same Ship
[Source: Navy Department Bulletin All Ships and Stations Letters, January-June 1945
(Still in effect 30 June 1945), Navy Department, World War II Command File, Operational Archives Branch, Naval Historical Center, Washington, D.C.]



--------------------------------------------------------------------------------


BuPers [Bureau of Naval Personnel]

CIRCULAR LETTER NO. 281-45
45-1332-Members of Families Serving in the Same Ship or Other Activity
Pers-630-MJB(1), P16-3/MM, 28 September 1945

ACTION: ALL SHIPS AND STATIONS

1. With the end of the war with Japan, the Navy can now revert to its long-time policy of not prohibiting members of the same family from serving together aboard the same ship or at the same activity.

2. The Navy now has no objection to members of the same family serving in the same ship. However, no assurance can be given that members of the same family can be kept together indefinitely.

3. Except in the cases of recruits as indicated in the following paragraph, no transfers of personnel may be made under the authority of this letter alone, but must be in accordance with current directives regarding transfers.

4. Naval training centers are authorized, without further reference to this Bureau, to effect transfers of recruits who have brothers serving in ships of any fleet, except submarines, to the ships in which their brothers are serving for duty, or such other duty as the fleet commander may assign.--BuPers. W. M. Fechteler.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top