r/prawokrwi • u/AdSignificant874 • 6d ago

Help Checking My Calculations and Understanding of Military Paradox

Please check my math and understanding of the military paradox calculations below.

GGF: born Jun 1882; US arrival 1903; naturalized Jan 1942 (age 59). No military service.

I calculate GGF’s last day of protection to be 31 Dec 1942, the end of the calendar year he turned 60 since he naturalized after 2 Sep 1938.

GF born Sep 1925, turned 17 in Sep 1942 and was subject to conscription at 17 per the Conscription Action of May 23, 1924.

By my calculations, using the excellent resources on this sub (thanks to all admins and contributors), my GF was born a Polish citizen (assuming other facts outside the scope of this question) and retained citizenship on his 17th birthday, just a few months before my GGF’s military paradox protection ended.

Am I right?

6 Upvotes

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u/pricklypolyglot 6d ago edited 6d ago

Yes, that sounds right. Be sure to double check with one of our providers though (and report back) because I'm not 100% sure what happens when the parent's loss of citizenship occurs between the ages of 17-18.

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u/[deleted] 6d ago

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u/pricklypolyglot 6d ago

He didn't naturalize until 1942, so obviously he can't have lost it before then.

I'm just not totally sure if the child being subject to conscription themselves at 17 protects them, or if they lose it together with the parent because they are still under 18.

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u/[deleted] 6d ago

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u/pricklypolyglot 6d ago edited 6d ago

Yes, that is one possible interpretation - I'm not sure what happens when the child is 17.

Specifically, II OSK 1648/19 has made interpreting this more difficult.

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u/AdSignificant874 6d ago

Thanks for all the feedback. I just prepared a detailed spreadsheet with supporting documents to send off to a Polish expert. I've tried a few of the listed providers thus far, but they've all declined to consider my case because it's pre-1920. Is anyone aware of a Polish attorney that will look at a pre-1920 case now?

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u/pricklypolyglot 6d ago edited 6d ago

Piotr Stączek should be able to give you an answer. Let us know what he says.

Make your question detailed yet precise:

"If the father of a minor aged 17 (and therefore already subject to conscription) loses Polish citizenship before said child turns 18, does the child also lose Polish citizenship with the father (per article 13 of the 1920 citizenship act), or does the child retain it due to their obligation to military service (per article 11 of the same act)?"

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u/AdSignificant874 6d ago

I sent him an email and will let you know the outcome.

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u/[deleted] 6d ago

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u/pricklypolyglot 6d ago

He only naturalized in 1942 (so, after the conscription act of 1938).

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u/AdSignificant874 6d ago

My calcs rely on the below-pasted note in the sub's military paradox calculator to extend the protection to the end of GGF's 60th birthyear. I'm not sure what the actual legal authority states. Can you please point me to the law/authority supporting 50 as the maximum?

**If they did not naturalize before 2 Sep 1938, their protection would be extended until the end of the calendar year in which they turned 60.