
1968 Regular Army troops in Jackson Park, Chicago during riots after Dr. Martin Luther King, Jr.'s assassination

1969 SDS Days of Rage Poster
Then, in August 1964, after my Yale graduation, but before I started law school at the University of Chicago, Congress passed the Gulf of Tonkin Resolution.

1964 President Johnson orders raids after Gulf of Tonkin Attack (NY Times)
This came in the wake of an apparent attack on the USS Maddox off Vietnam. It authorized the president to “take all necessary measures, including the use of armed force” against any aggressor in the Vietnam conflict. Shortly thereafter, in February 1965, President Lyndon Johnson ordered the bombing of North Vietnam, and the U.S. was in the war big time. I was just halfway through my first year of law school.
After World War II, the draft structure to meet the country’s military needs had been left in place. Thus, it was ready to be employed in my era when volunteers no longer met the needs of the services. Indeed, the draft was increasingly relied upon as the U.S. deepened its involvement in Vietnam. But during the Vietnam War years between 1964 and 1973, the U.S. military drafted only 2.2 million men from a large pool of 27 million. With less than 10 percent of those eligible for the draft being called up, and the lottery mechanism to choose them not put in place until 1969, the question of who got drafted was left up to local draft boards and their use of an elaborate system of draft deferment categories.
Being in graduate school at the time automatically removed the risk I would be taken into the military involuntarily prior to my graduation. After graduation, I’d be single and only 25.

Vietnam War Memorial, Washington, DC (Mark Segal)
Unless I married and had children before I reached the safe harbor of 26, there was a real possibility that I could be drafted. What to do? I had no desire to marry at that time, and a similar desire not to be killed in Vietnam War. This wasn’t an entirely irrational fear, as the Vietnam Veterans Memorial in Washington, D.C., lists more than 58,300 names of those killed or missing in action. Though my personal odds of being cut down might have been small, the threat did loom large in my thinking. The off chance of catching an errant bullet in an inhospitable place far from home was simply not on my young man’s to-do list.
The Draft, the War, and the Vietnam Generation
Statistics from Chance and Circumstance by Lawrence M. Baskir and William A. Sullivan, members of Gerald Ford’s Presidential Clemency Board (Random House, New York 1978)
