OPM Issues Favorable Ruling In Selective Service Failure to Register Case Involving Natural Born U.S. Citizen

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OPM Issues Favorable Ruling In Selective Service Failure to Register Case Involving Natural Born U.S. Citizen

Posted by Marc Smith | May 06, 2011 | 0 Comments

On April 7, 2011, the Office of Personnel Management (“OPM”) issued a favorable decision in another Selective Service “failure to register” case we handled.  Unlike many of our other previous Selective Service cases involving individuals born in other nations, our client was a natural born citizen of the United States.

Our client in this case had been employed by the U.S. Mint for many years when he was notified there was a problem with his Selective Service registration status which jeopardized his continued eligibility for federal employment.  There was no evidence that our client had registered (however, he had attempted to enlist in the military when he was 18 — a fact we were able to point to as evidence that his failure to register was not knowing or willful).   Despite being born in the United States, our client never learned of the Selective Service registration requirement while he was eligible to register.  In a nutshell, by detailing our client's less than ideal upbringing and lack of a stable family environment, we were able to convince OPM that his failure to register was not knowing or willful.  As a result, our client was able to continue his career with the U.S. Mint.

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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