Is the Army allowed to draft the sole surviving male?

Answer by  Cesca (47)

First of all we no longer have the draft in the United States so the question does not matter. If we did, the answer would be NO.

Answer by  John (9008)

No one can get drafted right now, since there is no draft. Congress would have to re-authorize a draft, and set the rules for eligibility then.

Answer by  heretohelp09 (14)

It is possible for your husband to be drafted if he is under 44. He may be entitled to deferment if someone in his immediate family was killed in war.

Answer by  tamarawilhite (17883)

Yes, the Army and any armed service can draft any male over the age of 18 in a time of war. There are no longer limits on not taking the only child of a family. However, we have both a large volunteer army and reserves, making a draft unlikely.

Answer by  Nicholas79 (38)

No, your husband couldn't get drafted. Putting aside the fact that the draft no longer exists and hasn't existed since the time of Vietnam, the Sullivan law says that the sole surviving male cannot be drafted. It's just like in Saving Private Ryan. Your man is safe.

Answer by  Gingercakes (920)

The army can draft just about anyone. However, you can file a hardship waiver if that happens, so he won't have to serve. Worst case scenario would be that he would have to work a stateside job related to the war, but that is highly unlikely. I would not worry about it.