Sole Survivor Policy

The Sole Survivor Policy or DoD Directive 1315.15 "Special Separation Policies for Survivorship" describes a set of regulations in the Military of the United States 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.

History

The issue that gave rise to the regulations first caught public attention after the five Sullivan brothers were all killed when the USS Juneau (CL-52) was sunk during World War II,[1] and was enacted as law in 1948. No nominally 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.[2]

Examples

Before the Sole Survivor Policy was officially implemented in 1948, there were several occasions when sole survivors were excused from active service.

In World War II the Borgstrom brothers, Elmer, Clyde, and twins Rolon and Rulon, were killed within a few months of each other in 1944. Their parents then successfully petitioned for their son Boyd, who was also on active duty, to be released from service. Their sixth son, Elton, who had not yet reached conscription age, was exempted from military service.

The three Butehorn Brothers of Bethpage, New York, Charles, Joseph, and Henry, all went off to fight during World War II. After Charles was killed in action in France in 1944 and Joseph was killed in action in the Pacific in 1945, Henry, who was serving with the Army Air Forces in Italy, was ordered home by the War Department. The VFW post in Bethpage is named after their sacrifice.

In the case of the Niland brothers, U.S. intelligence believed that all but one of four 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.

Both the Borgstrom and Butehorn incidents occurred before the Sole Survivor Policy was put into effect in 1948. They, along with the deaths of all of the Sullivan brothers in 1942, helped lead to it. (The academy-award winning film Saving Private Ryan, directed by Steven Spielberg, was loosely based on the Niland brothers' story.)[3]

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.[1]

A recent case occurred in 2011. Jeremy, Ben and Beau Wise served in active combat roles in the Afghan War. Jeremy, a former Navy SEAL, was at a CIA base as a military contractor and was killed in 2009 when a suicide bomber attacked the base. Later in 2011, Ben, an Army Special Forces combat medic, was seriously wounded in Afghanistan and died of his injuries at Landstuhl Regional Medical Center. Beau was deployed in Afghanistan with the Marines at that time and was immediately taken out of combat and flown stateside.[4][5]

Regulations

It is widely thought that this policy protects "only sons", "the last son to carry the family name", and "sole surviving sons" only during peacetime. In times of war or national emergency as declared by the US 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 request for the policy to be applied and get his application approved. Furthermore, it does not apply strictly to the sole surviving son but also to all surviving sons.[2]

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.

The policy was changed to allow both enlisted and officers to apply for this discharge. 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 automatically becomes ineligible.[6]

See also

References

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  1. ↑ 1.0 1.1 "US 'sole survivor' to leave Iraq", BBC News, 25 August 2007. Retrieved 31 March 2010.
  2. ↑ 2.0 2.1 Powers, Rod; "Sole Surviving Son or Daughter", About.com.
  3. ↑ Kershaw, Alex (11 May 2004). The Bedford Boys: One American Town's Ultimate D-day Sacrifice. Da Capo Press. ISBN 0-306-81355-6.
  4. ↑ NUSS, JEANNIE. "Double sacrifice: Family loses sons in Afghanistan". Associated Press. Retrieved 3/11/12. Check date values in: |accessdate= (help)
  5. ↑ "ONE FAMILY, TWO SACRIFICES — In a war few Americans fought, the Wises would pay an awful price". The Washington Post. January 18, 2014.
  6. ↑ "DoD Special Separation Policies for Survivorship Directive", United States Department of Defense, this reference confirmed on 20 December 2013.

External links