Sole Survivor Policy
Encyclopedia
The Sole Survivor Policy or DoD Directive 1315.15 "Special Separation Policies for Survivorship" describes a set of regulations in the U.S. military
that are designed to protect members of a family from the draft
or from combat duty
if they have already lost family members in military service.
were all killed when the USS Juneau (CL-52)
was sunk during World War II
, and was enacted as law in 1948. No peacetime restriction was in place until 1964 during the Vietnam War
; in 1971, Congress amended the law to include not only the sole surviving son or daughter but also any son or daughter who had a combat related death in the family. Since then, each branch of the military has made its own policies with regard to separating immediate family members.
A notable instance of the Sole Survivor Policy being enacted is the case of the Niland brothers
, where U.S. intelligence believed that all but one of the siblings were killed in action. It was later discovered that the eldest brother, Technical Sergeant Edward Niland, of the U.S. Army Air Forces, had been held in a prisoner of war
camp in Burma. The film Saving Private Ryan
, directed by Steven Spielberg, was loosely based on the brothers' story. Another example of this policy being instituted during World War II, was that of the Butehorn Brothers of Bethpage, NY. Three brothers Charles, Joseph and Henry all went off to fight during WWII. Charles was killed in action in France in 1944, Joseph was killed in action in Pacific in 1945 and Henry serving with the Air Force in Italy was ordered home by the DoD shortly thereafter. The VFW post in Bethpage, NY is named after their sacrifice. The Long Island newspaper Newsday did a feature article on the family when "Saving Private Ryan" hit theaters. The Borgstrom brothers
are yet another example from World War II, where four brothers were killed and the last brother in military service was released and sent home.
The most recent instance in which the policy was enacted is the case of the Hubbard brothers in the Iraq War. Jason and Nathan Hubbard joined the army after their brother Jared had died in Iraq in 2004. In 2007, Nathan died in a helicopter crash. Military officials ordered Jason home shortly after.
. In times of war or national emergency
as declared by Congress, this provision does not apply to any of the above. Also, this provision is voluntary, meaning that the member wishing to be sent home has to apply for the policy and get the application approved. Furthermore, it does not apply strictly to the sole surviving son but also to all surviving sons.
Members of the Armed Forces that are not eligible for Department of Defense Directive 1315.15, "Special Separation Policies for Survivorship" include those that currently have court-martial
charges pending against them or those that have been convicted by court-martial. This policy does not protect children without siblings. Furthermore, commissioned officers and warrant officers are not eligible for this policy either. If a member of the Armed Forces re-enlists or voluntarily extends their active duty beyond the requirement after having been notified of a death in the family, that member becomes automatically ineligible as well.
Military of the United States
The United States Armed Forces are the military forces of the United States. They consist of the Army, Navy, Marine Corps, Air Force, and Coast Guard.The United States has a strong tradition of civilian control of the military...
that are designed to protect members of a family from the draft
Conscription in the United States
Conscription in the United States has been employed several times, usually during war but also during the nominal peace of the Cold War...
or from combat duty
Combat
Combat, or fighting, is a purposeful violent conflict meant to establish dominance over the opposition, or to terminate the opposition forever, or drive the opposition away from a location where it is not wanted or needed....
if they have already lost family members in military service.
History
The need for the regulations first caught public attention after the five Sullivan brothersSullivan brothers
The Sullivan brothers were five siblings who were all killed in action during or shortly after the sinking of the light cruiser USS Juneau , the vessel on which they all served, on November 13, 1942, in World War II....
were all killed when the USS Juneau (CL-52)
USS Juneau (CL-52)
The first USS Juneau was a United States Navy Atlanta-class light cruiser sunk at the Naval Battle of Guadalcanal in November 1942. In total 687 men, including the five Sullivan brothers, were killed in action as a result of its sinking....
was sunk during World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, and was enacted as law in 1948. No peacetime restriction was in place until 1964 during the Vietnam War
Vietnam War
The Vietnam War was a Cold War-era military conflict that occurred in Vietnam, Laos, and Cambodia from 1 November 1955 to the fall of Saigon on 30 April 1975. This war followed the First Indochina War and was fought between North Vietnam, supported by its communist allies, and the government of...
; in 1971, Congress amended the law to include not only the sole surviving son or daughter but also any son or daughter who had a combat related death in the family. Since then, each branch of the military has made its own policies with regard to separating immediate family members.
A notable instance of the Sole Survivor Policy being enacted is the case of the Niland brothers
Niland Brothers
The Niland brothers were four American brothers from Tonawanda, New York, serving in the military during World War II. Of the four, two survived the war, but for a time it was believed that only one, Frederick Niland, had survived...
, where U.S. intelligence believed that all but one of the siblings were killed in action. It was later discovered that the eldest brother, Technical Sergeant Edward Niland, of the U.S. Army Air Forces, had been held in a prisoner of war
Prisoner of war
A prisoner of war or enemy prisoner of war is a person, whether civilian or combatant, who is held in custody by an enemy power during or immediately after an armed conflict...
camp in Burma. The film Saving Private Ryan
Saving Private Ryan
Saving Private Ryan is a 1998 American war film set during the invasion of Normandy in World War II. It was directed by Steven Spielberg, with a screenplay by Robert Rodat. The film is notable for the intensity of its opening 27 minutes, which depicts the Omaha Beach assault of June 6, 1944....
, directed by Steven Spielberg, was loosely based on the brothers' story. Another example of this policy being instituted during World War II, was that of the Butehorn Brothers of Bethpage, NY. Three brothers Charles, Joseph and Henry all went off to fight during WWII. Charles was killed in action in France in 1944, Joseph was killed in action in Pacific in 1945 and Henry serving with the Air Force in Italy was ordered home by the DoD shortly thereafter. The VFW post in Bethpage, NY is named after their sacrifice. The Long Island newspaper Newsday did a feature article on the family when "Saving Private Ryan" hit theaters. The Borgstrom brothers
Borgstrom brothers
The Borgstrom brothers were four siblings killed over a six month period during World War II. They were the sons of Alben and Gunda Borgstrom of Thatcher, Utah. The brothers were:...
are yet another example from World War II, where four brothers were killed and the last brother in military service was released and sent home.
The most recent instance in which the policy was enacted is the case of the Hubbard brothers in the Iraq War. Jason and Nathan Hubbard joined the army after their brother Jared had died in Iraq in 2004. In 2007, Nathan died in a helicopter crash. Military officials ordered Jason home shortly after.
Regulations
It is widely thought that this policy protects "only sons", "the last son to carry the family name", and "sole surviving sons" of a family from the draft. However, the policy in fact states that they are protected from draft only during peacetimePeacetime
In politics, peacetime is defined as any period of time where there are no violent conflicts occurring. For example, the time after World War II is considered peacetime in Western Europe and the United States....
. In times of war or national emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
as declared by Congress, this provision does not apply to any of the above. Also, this provision is voluntary, meaning that the member wishing to be sent home has to apply for the policy and get the application approved. Furthermore, it does not apply strictly to the sole surviving son but also to all surviving sons.
Members of the Armed Forces that are not eligible for Department of Defense Directive 1315.15, "Special Separation Policies for Survivorship" include those that currently have court-martial
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
charges pending against them or those that have been convicted by court-martial. This policy does not protect children without siblings. Furthermore, commissioned officers and warrant officers are not eligible for this policy either. If a member of the Armed Forces re-enlists or voluntarily extends their active duty beyond the requirement after having been notified of a death in the family, that member becomes automatically ineligible as well.
External links
- "Sole Surviving Son or Daughter" by Rod Powers
- U.S. Navy policy regarding family members serving together at sea
- DoD Special Separation Policies for Survivorship Directive
- Snopes article regarding this topic
- US 'sole survivor' to leave Iraq
- House OKs benefits for military 'sole survivors'
- Military 'sole survivors' bill goes to president