I dont agree that "based on a true story" should be considered non-fiction. All of these movies are fictionalised accounts of a true event. Often things are left out to make a character more sympathetic...etc
http://www.cracked.com/article_16478_p2.html
I dont care one way or the other what is done, but these kinds of movies cant actually be considered non-fiction. For the purpose of the draft you can do what you want though.