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OPM Rules in Favor of Client Despite Fact That Selective Service Had No Record of Registration

Posted by Marc Smith | Dec 20, 2011 | 0 Comments

On December 1, 2011, OPM issued a favorable determination on behalf of another client with a Selective Service registration issue.  Our client, who was born in the United States, specifically recalled mailing his registration form soon after he turned 18 years of age.  Unfortunately, the Selective Service System had no record of our client's registration.  We were unable to determine why Selective Service had not received our client's registration.  As noted by a GAO report prepared in the 80's, it was estimated that thousands of Selective Service records were input with incorrect social security numbers and/or names.   A similar error could certainly have accounted for the fact that Selective Service had no record of our client's registration.

Fortunately, we were able to obtain substantial corroborating evidence that our client did indeed mail his registration form through the testimony of family members, personal friends and others.  Upon reviewing that information and other supporting documentation, OPM ruled that our client's Selective Service registration status was not the result of a knowing and willful act on his part.  

About the Author

Marc Smith

Marc J. Smith is a Rockville, Maryland employment attorney and a founding member of the law firm formerly known as Smith, Lease & Goldstein, LLC. In 2018, after 18 years managing Smith, Lease & Goldstein, LLC's employment counseling and litigation practice, Marc launched his own boutique practice...

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Representation Of Employers And Employees

The Law Office of Marc J. Smith, LLC is a boutique employment law practice based in downtown Rockville, Maryland near the Montgomery County Circuit and District Courts. The Firm’s practice focuses exclusively in the employment law arena and provides counseling, litigation and a wide range of other employment-related services to employers and employees throughout the State of Maryland, Washington D.C. and other jurisdictions. The Firm also represents individuals who have failed to register with the Selective Service System and who are trying to apply for or maintain federal employment.

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