Executive Order 9988—Prescribing Portions of the Selective Service Regulations

By virtue of the authority vested in me by Title I of the Selective Service Act of 1948, approved June 24, 1948, it is ordered as follows:

1. I hereby prescribe the following portions of the regulations governing the administration of Title I of the said Act, which shall constitute portions of Parts 621 to 627, inclusive, of Title 32, chapter VI, Code of Federal Regulations, such regulations to be known as the Selective Service Regulations:

PART 621-PREPARATOIN FOR CLASSIFICATION

Sec.

621.1 Special mailing of Classification Questionnaire (SSS Form No. 100) to local single, non-father, non-veteran registrants

621.19 Mailing Classification Questionnaire (SSS Form No. 100),

621.10 Time allowed to return questionnaire.

621.11 Special forms for conscientious objector.

621.12 Claims for, or information relating to, deferment

621.13 Inadequate questionnaire.

621.14 Securing information from welfare and governmental agencies

621.15 Subpoena power of local board

§ 621.1 Special mailing of Classification Questionnaire (SSS Form No. 100) to local single, noon-father, non-veteran registrants. The local board may from day to day as the Registration Cards (SSS Form No. 1) are received from the registrars or the State Director of Selective Service, and shall, in any event, not later than September 7, 1948, begin the mailing of Classification Questionnaires (SSS Form No. 100) to all local single, non-father, non-veteran registrants in the sequence of their dates of birth commencing with the oldest. Before mailing to a registrant his Classification Questionnaire (SSS Form No. 100) the local board shall (a) prepare for the registrant a Cover Sheet (SSS Form No. 101) and enter thereon the date of the mailing of the questionnaire, and (b) fill in all blanks on page one of the questionnaire except that no selective service number shall be entered thereon. On September 30, 1948, the local board, unless it has completed such action prior thereto, shall cease the mailing of the Classification Questionnaire (SSS Form No. 100) to registrants under the revisions of this section. Thereafter Classification Questionnaires (SSS Form No. 100) shall be mailed as provided in § 621.9.

§ 621.9. Mailing Classification Questionnaire (SSS Form No. 100). (a) Prior to September 30, 1948, Classification Questionnaires (SSS Form No. 100) shall be mailed to registrants in accordance with the special procedure prescribed in § 621.1 Thereafter, except as provided in paragraphs (d) and (e) of this section, the local board shall mail a Classification questionnaire (SSS Form No. 100) to each registrant to whom it has not previously mailed such questionnaire in strict accordance with the dates of birth of the registrants of the local board, in chronological order, commencing with the registrant having the earliest date of birth. When a late registrant registers after his date of birth has been reached in the mailing of Classification Questionnaires (SSS Form No. 100), or when the Registration Card (SSS Form No. 1) of a registrant is received late and after such date has been so reached, a Classification Questionnaire (SSS Form No. 100) shall be mailed immediately to such registrant and he shall thereafter be considered in the sequence of liability in which he would have been considered had he registered, or his Registration Card (SSS Form No. 1) been received, on time. Classification Questionnaires (SSS Form No. 100) shall be mailed as rapidly as possible, consistent with the ability of the local board to give them prompt consideration upon their return.

(b) Before a Classification Questionnaire (SSS Form No. 100) is mailed, it shall be prepared by filling in all blanks on page 1.

(c) The date upon which the Classification Questionnaire (SSS Form No. 100) is mailed shall be entered on the Cover Sheet (SSS Form NO. 101) and on the Classification Record (SSS Form NO. 102).

(d) If the local board determines from information available to it and to its full and complete satisfaction that a registrant may be classified properly without such form, the local board need not mail a Classification Questionnaire (SSS Form No. 100) to a registrant who registers after a separation from active service in the armed forces of the United States, but in each such case the local board shall place in the registrant's Cover Sheet (SSS Form NO. 101) a memorandum of the information upon which the determination was based.

(e) The local board shall not mail a Classification Questionnaire (SSS Form No. 100) to a registrant who has not attained the age of nineteen years.

(f) The local board shall mail a Classification Questionnaire (SSS Form No. 100) to a registrant as soon as he reaches the nineteenth anniversary of the day of his birth if his date of birth has been reached by the local board in the mailing of such form.

§ 621.11 Special form for conscientious objector. A registrant who claims to be a conscientious objector shall offer information in substantiation of his claim on a Special Form for Conscientious Objector (SSS Form No. 150) which, when filed, shall become a part of his Classification Questionnaire (SSS Form No. 100). The local board, upon request, shall furnish to any person claiming to be a conscientious objector a copy of such Special Form for Conscientious Objector (SSS Form No. 150).

§ 621.12 Claims for, or information relating to, deferment. (a) The registrant shall be entitled to present all written information which he believes to be necessary to assist the local board in determining his proper classification. Such information should be included in or attached to the Classification Questionnaire (SSS Form NO. 100) and may include any documents, affidavits, or depositions. The affidavits and depositions shall be as concise and brief as possible.

(b) Any person other than the registrant may request the deferment of a registrant by filing such request in writing with the local board together with any information in support of his request. Such information may include any documents, affidavits, or depositions supporting the request. The affidavits and depositions shall be as concise and brief as possible.

§ 621.13 Inadequate questionnaire. When a registrant's Classification Questionnaire (SSS Form No. 100) omits needed information, contains material errors, or shows that the registrant failed to understand the questions, the local board may return the Classification Questionnaire (SSS Form No. 100) to the registrant for correction and completion and direct him to return the same so completed and corrected on or before a specified date.

§ 621.14 Securing information from welfare and governmental agencies. (a) The local board is authorized to request and receive information from local welfare and governmental agencies whenever such information will assist it in determining the proper classification of a registrant.

(b) The local board is authorized to request the State Director of Selective Service to secure information from State or national welfare and governmental agencies when such information will assist it in determining the proper classification of a registrant.

§ 621.15 Subpoena power of local board. To the extent necessary for carrying out its functions, the local board shall have authority (a) to subpoena any person to appear before it, (b) to direct such person to produce such papers and records as may be deemed necessary, and (c) to require him to testify, under oath, in regard to any pertinent matter within his knowledge. It shall be the duty of any person subpoenaed to appear, to produce the papers and records described in the subpoena, and to testify. The local board shall use for the purpose a Subpoena to Witness to Appear Before Local Board (SSS Form No. 161). The original of such a subpoena shall be served upon the individual who is required to appear as a witness. Such service may be made by any person who is 21 years of age or over, and it shall be made in the manner provided by the law of the State in which the subpoena is served. Any person subpoenaed may be compelled to appear and testify before the local board in the same manner as persons subpoenaed by a court of the United States may be compelled to appear and testify in proceedings before such court. The local board may apply to a court of the United States for summary aid to compel a person within its jurisdiction who has failed or refused to testify to appear before such local board, to produce such papers and records as may be deemed necessary, or to testify.

PART 622-CLASSIFICATION RULES AND PRINCIPLES

GENERAL PRINCIPLES

Sec.

622.1 General principles of classification.

622.2 The five classes.

622.3 Subclasses.

Class I

622.5 Class I-A: Available for military service.

622.6 Class I-A-O: Conscientious objector available for noncombatant military

service.

622.7 Class I-C: Member of the armed forces of the United States, the Coast

Guard, the Coast and Geodetic Survey or the Public Health Service, and

Certain registrants separated therefrom.

622.8 Class I-D: Member of reserve component or student taking military training

Class II

622.9 Class II-A: Registrant deferred because of civilian occupation (except

agriculture).

622.10 Necessary employment defined.

622.11 Length of deferments in Class II-A.

622.12 General rules for classification in Class II-A.

622.13 Class II-C: Registrant deferred because of agricultural occupation.

622.14 Length of deferments in Class II-C.

Class III

622.15 Class III-A: Registrant with dependents.

Class IV

622.16 Class IV-A: Registrant who has completed service; sole surviving son.

622.17 Class IV-B: Officials deferred by law.

622.18 Class IV-C: Aliens

622.19 Class IV-D: Minister of religion or divinity student.

622.20 Class IV-E: Conscientious objector opposed to both combatant and

noncombatant training and service.

622.21 Class IV-F: Physically, mentally, or morally unfit.

Class V

622.22 Class V-A: Registrant over the age of liability for military service

MISCELLANEOUS PROVISIONS

622.23 Director may direct that eligibility for particular classification be

disregarded.

622.24 Identifying a registrant whose registration is cancelled.

622.25 Identifying a registrant whose induction is postponed.

622.26 Identifying registrants who are deceased.

622.27 Identification of Classes I-C registrants separated from armed forces

622.28 Identification of Class I-C registrant transferred to a reserve component

of the armed forces.

GFENERAL PRINCIPLES

§ 622.21 General principles of classification (a) The Selective Service Act of 1948 provides that every male citizen of the United States, and every other male person residing in the United States, who is between the ages of 19 and 26, shall be liable for training and service in the armed forces of the United States. Certain exemptions and deferments are specifically provided; others are authorized to be provided by regulations promulgated by the President.

(b) Classification is the key to selection and it must be accomplished in the spirit of the Selective Service Act of 1948 in which the Congress has declared "that in a free society the obligations and privileges of serving in the armed forces and the reserve components thereof should be shared generally, in accordance with a system of selection which is fair and just, and which is consistent with the maintenance of an effective national economy."

(c) It is the local board's responsibility to decide, subject to appeal, the class in which each registrant shall be placed. Each registrant between the ages of 19 and 26 will be considered as available for military service until his status in a deferred or exempt classification is clearly established to the satisfaction of the local board. The local board will receive and consider all information, pertinent to the classification of a registrant, presented to it. The mailing b the local board of a Classification Questionnaire (SSS Form No. 100) to the latest address furnished by a registrant shall be notice to the registrant that unless information is presented to the local board, within the time specified for the return of the questionnaire, which will justify a deferred classification the registrant will be classified in Class I-A.

(d) In classifying a registrant there shall be no discrimination for or against him because of his race, creed, or color, or because of his membership or activity in any labor, political, religious or other organization. Each such registrant shall receive equal justice.

§ 622.2 The five classes. Each registrant shall be classified in one of five main classes as follows:

Class I: Available for military service. Members of the armed forces, the Coast Guard, the Coast and Geodetic Survey or the Public Health Service. Members of reserve components or students taking military training.

Class II: Deferred because of occupational status.

Class III: Deferred because of dependency.

Class IV: Deferred specifically by law or because unfit for military service.

Class V: Over the age of liability for military service.

§ 622.3 Subclasses. The five main classes are further divided into subclasses as follows:

Class I

Class I-A: Available for military service.

Class I-A-O: Conscientious objector available for noncombatant service only.

Class I-C: Member of the armed forces of the United States, the Coast Guard, the Coast and Geodetic Survey or the Public Health Service.

Class I-D: Member of reserve component or student taking military training.

Class II

Class II-A: Deferred because of civilian employment (except agriculture).

Class II-C: Deferred because of employment in agriculture.

Class III

Class III-A: Deferred because of dependents

Class IV

Cass IV-A: Registrant who has completed service; sole surviving son.

Class IV-B: Official deferred by law.

Class IV-D: Minister or religion or divinity student.

Class IV-E: Conscientious objector opposed to both combatant and noncombatant military service.

Class IV-F: Physically, mentally or morally unfit.

Class V

Class V-A: Registrant over the age of liability for military service.

Class I

§ 622.5 Class I-A: Available for military service. (a) In Class I-A shall be placed every registrant who is not eligible for classification in Class I-C and has failed to establish to the satisfaction of the local board, subject to appeal hereinafter provided, that he is eligible for classification in another class.

(b) Any registrant who has been classified n Class I-A, whose induction has been postponed for any reason, shall be identified in all records by following his classification with the abbreviation "P" in the manner provided in § 622.25.

§ 622.6 Class I-A-O: Conscientious objector available for noncombatant military service. (a) In Class I-A-O shall be placed every registrant who would have been classified in Class I-A but for the fact that he has been found, by reason of religious training and belief, to be conscientiously opposed to combatant training and service in the armed forces.

(b) Section 6(j) of title I of the Selective Service Act of 1948 provides in part as follows: "Religious training and belief in this connection means an individual's belief in a relation to a Supreme Being involving duties superior to those arising from any human relation, but does not include essentially political, sociological, or philosophical views or a merely personal moral code."

(c) Any registrant who has been classified in Class I-A-O, whose induction has been postponed for any reason, shall be identified in all records by following his classification with the abbreviation "P" in the manner provided in § 622.25.

§ 622.7 Class I-C: Member of the armed forces of the United States, the Coast Guard, the Coast and Geodetic Survey or the Public Health Service, and certain registrants separated therefrom. In Class I-C shall be placed in:

(a) Every registrant who is, or who by enlistment, or appointment becomes a commissioned officer, a warrant officer, a pay clerk, an enlisted man or an aviation cadet of the Regular Army, the Navy, the Air Force, the Marine Corps the Coast guard, the Coast and Geodetic Survey or the Public Health Service.

(b) Every registrant who is a cadet, United States Military Academy; or a midshipman, United States Navy; or a cadet, United States Coast Guard Academy.

(c) Every registrant who by induction becomes a member of the Army of the United States, the United States Navy, the United States Marine Corps, or the Air Force of the United States.

(d) Every registrant who is a member of a reserve component of the armed forces, the Coast Guard, or the Public Health Service, and who is on active duty (exclusive of periods for training only).

(e) Every registrant who has been inducted into the armed forces under the provisions of the Selective Service Act of 1948 and who has been separated therefrom by honorable discharge or discharge under honorable conditions, or by an equivalent type of release from service, or who has been transferred to a reserve component of the armed forces. Each such registrant who has been transferred to a reserve component of the armed forces shall be identified with the abbreviation "Res." in the manner provided in § 622.28, and every other such registrant shall be identified with the abbreviation "Disc." In the manner provided in § 622.27, and upon attaining an age beyond the maximum age of liability for military service under the provisions of the selective service law, all such registrants shall be reclassified in Class V-A.

§ 622.8 Class I-D: Member of reserve component or student taking military training. (a) In Class I-D shall be placed any registrant who served honorably on active duty between September 16, 1940, and June 24, 1948, for a period of 90 days or more but less than 12 months in the Army, the Air Force, the Navy, the marine Corps, the Coast Guard, the Public Health Service, or the armed forces of any country allied with the United States in World War II prior to September 2, 1945, when such period of active duty does not include a period in excess of 90 days between December 7, 1941, and September 2, 1945, if-

(1) The local board determines that he is regularly enlisted or commissioned in any organized unit of a reserve component of the armed force (or the Coast Guard) in which he served, provided such unit is reasonably accessible to such person without unduly interrupting his normal pursuits and activities (including attendance at a college or university in which he is regularly enrolled), or in a reserve component (other than in an organized unit) of such armed force or the Coast Guard in any case in which enlistment or commission in an organized unit of a reserve component of such armed force or the Coast Guard is not available to him; or

(2) The local board determines that enlistment or commission in a reserve component of such armed force or the Coast Guard is not available to him or that he has voluntarily enlisted or accepted appointment in an organized unit of a reserve component of an armed force other than the armed force in which he served or in the Coast Guard.

(b) For the purposes of computation of the periods of active duty referred to in paragraph (a) of this section, no credit shall be allowed for-

(1) Periods of active duty training performed as a member of a reserve component pursuant to an order or call to active duty solely for training purposes;

(2) Periods of active duty in which the service consisted solely of training under the Army specialized training program, the Army Air Force collect training program, or any similar program under the jurisdiction of the Navy, Marine Corps, or Coast Guard;

(3) Periods of active duty as a cadet at the United States Military Academy or United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, or in a preparatory school after nomination as a principal, alternate or candidate for admission to any such academies; or

(4) Periods of active duty in any of the armed forces while being processed for entry into or separation from any educational program or institution referred to in subparagraphs (2) or (3) of this paragraph.

(c) In Class I-D shall be placed any registrant who on June 24, 1948, was a member of an organized unit of the federally recognized National Guard, the federally recognized Air National Guard, the Officers' Reserve Corps, the Regular Army Reserve, the Air Force Reserve, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve, the Coast Guard Reserve, or the Public Health Service Reserve, so long as he continues to be such member and satisfactorily participates in scheduled drills and training periods as prescribed by the Secretary of Defense.

(d) In Class I-D shall be placed any registrant who prior to attaining the age of 18 years and 6 months enlisted or accepted appointment in any organized unit of the National Guard in any case in which the Governor of the State has determined and has issued a proclamation to the effect that the organized strength of such organized unit of the National Guard of his State cannot be maintained by enlistment or appointment of persons referred to in paragraph (a) of this section, or persons who are not liable for training and service under the Selective Service Act of 1948. Such registrant shall be retained in Class I-D so long as he continues to serve satisfactorily as a member of such organized unit.

(e) In Class I-D shall be placed any registrant who on June 24, 1948, was enrolled in the advanced course, senior division, Reserve Officers' Training Corps, or the Air Reserve Officers' Training Corps, or was a member of the Naval Reserve Officers' Training Corps entered upon the junior or senior year, or was a midshipman, United States Naval Reserve. Such registrant shall be retained in Class I-D until the completion or termination of the course of instruction and so long as he continues in a regular or reserve status upon being commissioned.

(f) In Class I-D shall be placed any registrant who on or after June 24, 1948, has been selected for enrollment or continuance in the senior division, Reserve Officers' Training Corps, or the Air Reserve Officers' Training Corps, or the Naval Reserve Officers' Training Corps, or who, on or after June 24, 1948, was appointed a midshipman United States Naval Reserve, and who has agreed, in writing, to accept a commission if tendered and to serve, subject to call by the Secretary of the Army, the Secretary of the Air Force, or the Secretary of the navy, respectively, not less than two years on active duty after receipt of a commission. Such registrant shall be retained in Class I-D until after completion or termination of the course of instruction and so long as he continues in a regular or reserve status upon being commissioned.

(g) In Class I-D shall be placed any registrant who is a fully qualified and accepted aviation cadet applicant of the Army, Navy, or Air Force, who has signed an agreement of service and is within such numbers as have been designated by the Secretary of Defense during the period covered by such agreement but not to exceed four months.

Class II

§ 622.9 Class II-A: Registrant deferred because of civilian occupation (except agriculture). In Class II-A shall be placed any registrant whose employment in industry, or other occupation or employment, or whose continued service in an office (other than an office described in § 622.17) under the United States, or any State, Territory, or possession, or the District of Columbia, or whose activity in study, research, or medical, scientific, or other endeavors is found to be necessary to the maintenance of the national health, safety, or interest.

§ 622.10 Necessary employment defined. (a) A registrant's employment in industry or other occupation, service in office, or activity in study, research, or medical, scientific, or other endeavors shall be considered to be necessary to the maintenance of the national health, safety, or interest only when all of the following conditions exist:

(1) The registrant is, or but for a seasonal or temporary interruption would be, engaged in such activity;

(2) The registrant cannot be replaced because of a shortage of persons with his qualifications or skill in such activity; and

(3) The removal of the registrant would cause a material loss of effectiveness in such activity.

(b) The President may, from time to time, (1) designate special categories of occupation, employment, or activity essential to the national health, safety, or interest; and (2) prescribe regulations governing the deferment of individual registrants engaged in such occupations, employments, or activities.

§ 622.11 Length of deferments in Class II-A. (a) Class II-A deferments shall be for a period of one year or less. If there is a change in the registrant's status during the period of the deferment in Class II-A, his classification shall be reopened and considered anew.

(b) At the expiration of the period of a registrant's deferment in Class II-A, his classification shall be reopened and he shall be classified anew in the manner provided in Part 625 of this chapter. The registrant may be continued in Class II-A for a further period of one year or less if such classification is warranted. The same rules shall apply when classifying a registrant at the end of each successive period for which he has been classified in Class II-A.

9c) Nothing in this section shall be construed to require the local board to retain in Class II-A any registrant when the reason for his occupational classification has ceased to exist.

§ 622.12 General rules for classification in Class II-A. (a) On the local board is placed the responsibility, under applicable rules and regulations, or deciding which men should be deferred because of their civilian activities. It is in the national interest and of paramount importance to our national security that civilian activities which are contributing to the national health, safety, or interest should be disrupted as little as possible, consistent with the fundamental purpose of the Selective Service Act of 1948.

(b) No deferment from training and service shall be made in the case of any individual except upon the basis of the status of such individual.

(c) The local board may avail itself of the assistance of all Federal, State, or local agencies to obtain information which will help it to determine whether a claim for occupational deferment should be granted.

§ 622.13 Class II-C; Registrant deferred because of agricultural occupation. (a) In Class II-C shall be placed any registrant who is employed in the production for market of a substantial quantity of those agricultural commodities which are necessary to the maintenance of the national health, safety, or interest, but only when all of the conditions described n § 622.10 are found to exist.

(b) The production for market of a substantial quantity of agricultural commodities should be measured in terms of the average annual production per farm worker which is marketed from a local average farm of the type under consideration. The production of agricultural commodities for consumption by the worker and his family, or traded for subsistence purposes, should not be considered as production for market. Production which is in excess of that required for the subsistence of the farm families on the farm under consideration should be considered as production for market.

§ 622.14 Length of deferments in Class II-C. (a) Class II-C deferments shall be for a period of one year or less. If there is a change in the registrant's status during the period of deferment in Class II-C, his classification shall be reopened and considered anew.

(b) At the expiration of the period of a registrant's deferment in Class II-C, his classification shall be reopened and he shall be classified anew in the manner provided in Part 625 of this chapter. The registrant may be continued in Class II-C for a further period of one year or less if such classification is warranted. The same rule shall apply when classifying a registrant at the end of each successive period for which he has been classified in Class II-C.

(c) Nothing in this section shall be construed to require the local board to retain in Class II-C any registrant when the reason for his occupational classification has ceased to exist.

Class III

§ 622.15 Class III-A: Registrant with dependents. (a) In Class III-A shall be placed (1) a registrant who has a wife or child with whom he maintains a bona fide family relationship in their home; or (2) a registrant whose induction into the armed forces would result in hardship and privation to a person dependent upon him for support.

(b) The term "child" as used in paragraph (a) of this section shall include a legitimate or an illegitimate child from the date of its conception, a child legally adopted, a stepchild, a foster child, and a person who is supported in good faith by the registrant in a relationship similar to that of parent and child but shall not include any person 18 years of age or over unless he is physically or mentally handicapped.

(c) The term "dependent" as used in paragraph (a) of this section shall include the registrant's wife, divorced wife, child, parent, grandparent, brother, or sister, or a person under 18 years of age, or a person of any age who is physically or mentally handicapped, whose support the registrant has assumed in good faith; provided such person is either a United States citizen or lives in the United States, its Territories, or possessions.

(d) In the consideration of a dependency claim, any payments of allowances which are payable by the United States to the dependents of persons serving in the armed forces of the United States shall be taken into consideration, but the fact that such payments of allowances are payable shall not be deemed conclusively to remove the grounds for deferment when the dependency is based upon financial considerations and shall not be deemed to remove the grounds for deferment when the dependency is based upon

other than financial considerations and cannot be eliminated by financial assistance to the dependents.

Class IV

§ 622.16 Class IV-A: Registrant who has completed service; sole surviving son. (a) In Class IV-A shall be placed any registrant who falls within any of the following categories:

(1) A registrant who served honorably on active duty between December 7, 1941, and September 2, 1945, for a period in excess of 9 days, in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, the Public Health Service, or the armed forces of any country allied with the United States in World War II prior to September 2, 1945.

(2) A registrant who served honorably on active duty between September 16, 1940, and June 24, 1948, for a period of 12 months or more in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, the Public Health Service, or the armed forces of any country allied with the United States in World War II prior to September 2, 1945.

(3) A registrant who, after June 24, 1948, was honorably discharged upon the completion of a period of three years or more of active duty in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, or the Public Health Service.

(4) A registrant who is the sole surviving son of a family of which one or more sons or daughters were killed in action or died in line of duty while serving in the armed forces of the United States, or subsequently died as a result of injuries received or disease incurred during such service.

(b) For purposes of computation of periods of active duty referred to in subparagraphs (1), (2), or (3) of paragraph (a) of this section, no credit shall be allowed for-

(1) Periods of active duty training performed as a member of a reserve component pursuant to an order or call to active duty solely for training purposes;

(2) Periods of active duty in which the service consisted solely of training under the Army specialized training program, the Army Air Force college training program, or any similar program under the jurisdiction of the Navy, Marine Corps, or Coast Guard;

(3) Periods of active duty as a cadet of the United States Military Academy or United States Coast Guard Academy, or as a midshipman at the United States Naval Academy, or in a preparatory school after nomination as a principal, alternate, or candidate for admission to any such academies; or

(4) Periods of active duty in any of the armed forces while being processed for entry into or separation from any educational program or institution referred to in subparagraphs (2) or (3) of this paragraph.

§ 622.17 Class IV-B: Officials deferred by law. In Class IV-B shall be placed any registrant who is the Vice President of the United States; a governor of a State Territory or possession, or any other official chosen by the voters of the entire State, Territory or possession; a member of a legislative body of the United States or of a State, Territory or possession; a judge of a court of record of the United States or of a State, Territory or possession, or the District of Columbia.

§ 622.18 Class IV-C: Aliens. (a) In class IV-C shall be placed any registrant who is an alien and who, prior to his induction, has made application to be relieved from liability for training and service in the armed forces of the United States by filing with the local board an Application by Alien for Relief from Training and Service in the Armed Forces (SSS Form No. 130), executed in duplicate. The local board shall forward the original of such form to the Director of Selective Service through the State Director of Selective Service and shall retain the duplicate in the registrant's Cover Sheet (SSS Form No. 101).

(b) In Class IV-C shall be placed any registrant who is an alien and because of his nationality is within a class of persons not acceptable to the armed forces of the United States for training and service.

(c) In Class IV-C shall be placed any registrant who is an alien and has departed from and is no longer residing in the United States. Such alien shall be classed in Class IV-C even though he is a delinquent but this classification shall in no way relieve him from liability for prosecution for violation of the selective service law. If any registrant so classified under this paragraph returns to the United States to reside therein, his classification shall be reopened and he shall be classified anew.

§ 622.19 Class IV-D: Minister of religion or divinity student. (a) In Class IV-D shall be placed any registrant:

(1) Who is a regular minister of religion;

(2) Who is a duly ordained minister of religion;

(3) Who is a student preparing for the ministry under the direction of a recognized church or religious organization and who is satisfactorily pursuing a full-time course of instruction in a recognized theological or divinity school; or

(4) Who is a student preparing for the ministry under the direction of a recognized church or religious organization and who is satisfactorily pursuing a full-time course of instruction leading to entrance into a recognized theological or divinity school in which he has been pre-enrolled.

(b) Section 16 of title I of the Selective Service Act of 1948 contains in part the following provisions:

Sec. 16. When used in this title--* * *

(g)(1) the term "duly ordained minister of religion" means a person who has been ordained, in accordance with the ceremonial, ritual, or discipline of a church, religious sect, or organization established on the basis of a community of faith and belief, doctrines and practices of a religious character, to preach and to teach the doctrines of such church, sect, or organization and to administer the rites and ceremonies thereof in public worship, and who as his regular and customary vocation preaches and teaches the principles of religion and administers the ordinances of public worship as embodied in the creed or principles of such church, sect, or organization.

(2) The term "regular minister of religion" means one who as his customary vocation preaches and teaches the principles of religion of a church, a religious sect, or organization of which he is a member, without having been formally ordained as a minister of religion, and who is recognized by such church, sect, or organization as a regular minister.

(3) The term "regular or duly ordained minister of religion" does not include a person who irregularly or incidentally preaches and teaches the principles of religion of a church, religious sect, or organization and does not include any person who may have been duly ordained a minister in accordance with the ceremonial, rite, or discipline of a church, religious sect or organization, but who does not regularly, as a vocation, teach and preach the principles of religion and administer the ordinances of public worship as embodied in the creed or principles of his church, sect, or organization.

§ 622.20 Class IV-E: Conscientious objector opposed to both combatant and noncombatant training and service. (a) In Class IV-E shall be placed any registrant who, by reason of religious training and belief, is found to be conscientiously opposed to participation in war in any form and to be conscientiously opposed to participation in both combatant and noncombatant training and service in the armed forces.

(b) Section 6(j) of title I of the Selective Service Act of 1948 provides in part as follows:

Religious training and belief in this connection means an individual's belief in a relation to a Supreme Being involved duties superior to those arising from any human relation, but does not include essentially political, sociological, or philosophical views or a merely personal moral code.

§ 622.21 Class IV-F: Physically, mentally, or morally unfit. In Class IV-F shall be placed any registrant (a) who is found to be physically or mentally unfit for any service in the armed forces; (b) who, under the procedures and standards prescribed by the Secretary of Defense, is found to be morally unacceptable for any service in the armed forces; or (c) who has been separated from the armed forces by discharge other than an honorable discharge or a discharge under honorable conditions, or an equivalent type of release from service, and for whom the local board has not received a statement from the armed forces that the registrant is morally acceptable notwithstanding such discharge or separation.

Class V

§ 622.22 Class V-A: Registrant over the age of liability for military service. In Class V-A shall be placed every registrant who has attained the twenty-sixth anniversary of the day of his birth except those registrants who are in active military service in the armed forces and are in Class I-C. Registrants who prior to attaining the twenty-sixth anniversary of the day of their birth have been classified in some other class shall, as soon as practicable after attaining the twenty-sixth anniversary of the day of their birth, be reclassified into Class V-A.

MISCELLANEOUS PROVISIONS

§ 622.23 Director may direct that eligibility for particular classification be disregarded. The Director of Selective Service, notwithstanding any other provisions of these regulations, may direct that any registrant may be classified or reclassified without regard to his eligibility for a particular classification.

§ 622.24 Identifying a registrant whose registration is cancelled. Whenever the registration of a registrant is cancelled the local board shall enter the abbreviation "Canc." On all of its records with reference to such registrant.

§ 622.25 Identifying a registrant whose induction is postponed. A registrant who has been classified in Class I-A or Class I-A-O, and whose induction has been postponed for any reason whatsoever, shall be identified on all records by following his classification with the abbreviation "P".

§ 622.26 Identifying registrants who are deceased. Whenever a registrant dies, the local board shall enter the abbreviation "Dec." on all of its records with reference to such registrant.

§ 622.27 Identification of Class I-C registrants separated from armed forces. Whenever a registrant is separated from the armed forces after June 24, 1948, other than by death, and such registrant is retained in Class I-C under the provisions of § 622.7, his classification shall be followed with the identification "Disc." On all records with reference to such registrant unless he is transferred to a reserve component of the armed forces, in which case the provisions of § 622.28 shall apply.

§ 622.28 Identification of Class I-C registrant transferred to a reserve component of the armed forces. Whenever a registrant is transferred to a reserve component of the armed forces after completion of his period of service, pursuant to section 4 of the Selective Service Act of 1948, and such registrant is retained in Class I-C under the provisions of

§ 622.7, his classification shall be followed with the identification "Res." On all records of such registrant.

PART 623-CLASSIFICATION PROCEDURE

Sec.

623.1 Commencement of classification.

623.2 Consideration of classes.

623.3 Physical examination.

623.4 Action to be taken when classification determined.

623.5 Persons required to have Notice of Classification (SSS Form No. 110)

in personal possession.

623.6 Wrongful possession of, or making, altering, forging, or counterfeiting,

Notice of Classification (SSS Form No. 110) prohibited.

623.7 Issuing a duplicate of a lost, mislaid, stolen, or destroyed Notice of

Classification (SSS Form No. 110)

623.8 Register of conscientious objectors.

623.9 Registrants transferred for classification.

623.10 Procedure upon transfer for classification.

623.11 Registrant separated from armed forces of the United States.

623.12 Disqualified men.

§ 623.1 Commencement of classification. (a) Each registrant shall be classified as soon as practicable after his Classification Questionnaire (SSS Form No. 100) is received by the local board or as soon as practicable after the time allowed for him to return his Classification Questionnaire (SSS Form No. 100) has expired.

(b) the registrant's classification shall be determined solely on the basis of the official forms of the Selective Service System and such other written information as may be contained in his file; provided, that the local board shall proceed with the registrant's classification and classify him whenever (1) he fails to return his Classification Questionnaire (SSS Form No. 1090) within the time allowed by § 621l10 of this chapter, or (2) he has been separated from the armed forces of the United States and the local board determines that he may be classified properly without requiring him to complete and return a Classification Questionnaire (SSS Form No. 100), or (3) he fails to provide the local board with any other information concerning his status which he is requested or required to furnish. Since it is imperative that appeal agencies have available to them all information on which the local board determined the registrant's classification, oral information shall not be considered unless it is summarized in writing and the summary placed in the registrant's file. Under no circumstances shall the local board rely upon information received by a member personally unless such information is reduced to writing and placed in the registrant's file. None of the provisions of this section shall impair the power of the local board to take notice of the birthday of any registrant and of the fact that the Congress has made registrants of his age liable for induction for military service and in the absence of any other inf9rmation, when the registrant has failed to furnish such information within the time prescribed, to classify the registrant as available for military service.

§ 623.2 Consideration of classes. Upon undertaking to classify any registrant, unless grounds are established to place the registrant in Class I-C under the provisions of § 622.7 of this chapter, the registrant shall be classified in the lowest class for which he is determined to be eligible with Class I-A considered the highest class and Class V-A considered the lowest class according to the following table:

Class: I-A Class: IV-B

I-A-O IV-C

I-D IV-D

II-A IV-E

II-C IV-F

III-A V-A

IV-A

§ 623.3 Physical examination. Physical examination of registrants classified in Class I-A or Class I-A-O shall be accomplished under the provisions of Part 628 of this chapter.

§ 623.4 Action to be taken when classification determined. (a) As soon as practicable after the local board has classified or reclassified a registrant, (except a registrant who is classified in Class I-C because of his entering active service in the armed forces), it shall mail a notice thereof on a Notice of Classification (SSS Form No. 110) to the registrant. When a registrant is classified in Class II-A or Class II-C, the date of the termination of the deferment shall be entered on the Notice of Classification (SSS Form NO. 110).

(b) As soon as practicable after the local board has classified or reclassified a registrant into any class other than Class V-A, it shall mail a notice thereof on a Classification Advice (SSS Form No. 111) to every person who has on file any written request for the current deferment of the registrant. When a registrant is classified in Class II-A, or Class II-C, the date of the termination of the deferment shall be entered on the Classification Advice (SSS Form No. 111).

(c) After each local board meeting, a copy of the Local Board Action Report (SSS Form No. 112-B), listing the registrants who have been classified or whose classifications have been changed, shall be posted and kept permanently posted in a conspicuous place in the office of the local board. When a person is unable to ascertain the current classification of a registrant from the posted copy of the Local Board Action report (SSS Form No. 112-B), an employee of the local board, upon request, shall consult the Classification Record (SSS Form No. 102) and furnish to the person making inquiry the current classification of such registrant.

(d) When the local board classifies or changes the classification of a registrant, it shall record such classification on the Classification Questionnaire (SSS Form No. 100), the Classification Record (SSS Form No. 102), and in the space provided therefor on the face of the Cover Sheet (SSS Form No. 101).

(e) When the Notice of Classification (SSS Form No. 110) or Classification (SSS Form No. 110) or Classification Advice (SSS Form No. 111) is mailed, the date of mailing such notice or advice shall be entered on the Classification Record (SSS Form NO. 102), and, in addition, the date of mailing such notice or advice and the persons to whom they are mailed shall be entered on the Classification Questionnaire (SSS Form No. 100).

§ 623.5 Persons required to have Notice of Classification (SSS Form NO. 110) in personal possession. Every person who has been classified by a local board must have in his personal possession at all times, in addition to his Registration Certificate (SSS Form No. 2), a valid Notice of Classification (SSS Form No. 110) issued to him showing his current classification, and upon entering active service in the armed forces, such person must surrender such Notice of Classification (SSS Form No. 110) to his commanding officer who shall dispose of it in accordance with the current orders of his service.

§ 623.6 Wrongful possession of, or making altering, forging, or counterfeiting, Notice of Classification (SSS Form No. 110) prohibited. It shall be a violation of these regulations for any person to have in his possession a Notice of Classification (SSS Form No. 110) issued to some other person, or to permit a Notice of Classification (SSS Form No. 110) issued to him to be in possession of any other person except as provided in the instructions upon such form; or to falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered, forged, or counterfeited, or to willingly aid or assist another to falsely make, alter, forge, or counterfeit, any Notice of Classification (SSS Form No. 110), or to utter or publish as true, or cause to be uttered or published as true, or have in his possession with the intent to utter or publish as true, any such false, altered, forged, or counterfeited Notice of Classification (SSS Form No. 110); or to exhibit or present to any person any such false, altered, forged, or counterfeited, Notice of Classification (SSS Form No. 110), knowing the same to be false, forged altered or counterfeited.

§ 623.7 Issuing a duplicate of a lost, mislaid, stolen, or destroyed Notice of Classification (SSS Form NO. 110). A duplicate Notice of Classification (SSS Form No. 110) may be issued to a registrant only by the local board which mailed the original Notice of Classification (SSS Form No. 110) to the registrant upon written application made on Request for Duplicate Notice of Classification (SSS Form No. 113) and the presentation of proof satisfactory to the local board that the Notice of Classification (SSS Form No. 110) of the registrant has been lost, mislaid, stolen, or destroyed and that the registrant has made a diligent search for the Notice of Classification (SSS Form No. 110) and has been unable to find it. If the local board issues a duplicate Notice of Classification (SSS Form No. 110), it shall mark it "Duplicate" and note the issuance of such Notice of Classification (SSS Form No. 110) upon the application, which shall be filed in the registrant's Cover Sheet (SSS Form No. 101).

§ 623.8 Register of conscientious objectors. The local board shall list on a register of conscientious objectors, each registrant whose claim for special classification as a conscientious objector has been sustained, either by the local board or upon appeal. The register of conscientious objectors shall show separately those registrants who have been classified as available for noncombatant military service (Class I-A-O) and those who have been deferred in Class IV-E. No special form is provided for this register.

§ 623.9 Registrants transferred for classification. (a) After returning the Classification Questionnaire (SSS Form No. 100), and before the local board of origin has undertaken the classification of a registrant, he may be transferred to another local board for classification if he is so far from his local board as to make complying with notices a hardship.

(b) After returning the Classification Questionnaire (SSS Form No. 100), a registrant may be transferred to another local board for classification, at any time, when a majority of the members of the local board cannot act on his case because of disqualification under the provisions of § 604.55 of this chapter, or when a majority of the members of the local board, because of any conflicting interest, bias, or other reason, withdraw from consideration of the registrant's classification.

§ 623.10 Procedure upon transfer for classification. (a) The local board from which the registrant is transferred shall prepare, in triplicate, an Order for Transfer for Classification (SSS Form No. 114)), shall send one copy thereof to the registrant, and shall transmit the original to the local board to which the registrant is transferred, together with all papers pertaining to the registrant except the Registration Card (SSS Form No. 1) and the remaining copy of the Order for Transfer for Classification (SSS Form No. 114). The local board from which the registrant is transferred shall, with red ink note the transfer in the "Remarks" column of the Classification Record (SSS Form No. 102).

(b) The local board to which the registrant is transferred shall classify the registrant. It shall follow the same procedure as in the case of one of its own registrants if a request for hearing, a request for reopening, or an appeal is filed. It shall give the same notices and maintain the same records as are sent and maintained for its own registrants, except that it shall use a separate page in its Classification Record (SSS Form No. 102) for transferred registrants and shall make all entries on that page in red ink. The local board to which the registrant is transferred shall prepare a duplicate Cover Sheet (SSS Form No. 101). After the classification, after the hearing, when requested, and after the determination on appeal, when taken, the local board to which the registrant is transferred shall return to the local board of origin all papers pertaining to the registrant except the duplicate Cover Sheet (SSS Form No. 101) and the Order for Transfer for Classification (SSS Form No. 114). In the proper column of the Classification Record (SSS Form No. 102) the local board to which the registrant is transferred shall note the date of the returning of the papers.

(c) The classification made by the local board to which a registrant is transferred shall be appealed through that local board only. The local board of origin shall accept and enter on its records, without any change, the classification reported by the board which classified the registrant. If the local board of origin receives new information that might affect the registrant's classification, the board shall send the information and the registrant's file to the board to which he was transferred for further consideration; provided, that if the disqualification of the local board or other reason for the original transfer for classification no longer exists, the local board may consider the new information and classify the registrant in the same manner as if he had never been transferred for classification.

§ 612.11 Registrant separated from armed forces of the United States. (a) Immediately upon receipt by the local board of information that a registrant has been separated from the armed forces of the United States, the local board shall review the registrant's classification to determine whether he should be placed or retained in Class I-C.

(b) If upon such review, the local board places or retains the registrant in Class I-C, it shall immediately mail a Notice of Classification (SSS Form No. 110) to the registrant on which shall be entered the notation "Class I-C-Disc." or "Class I-C-Res." as the case may be.

§ 623.12 Disqualified man. Unless and until the local board has first complied with procedures which the Director of Selective Service may prescribe, the local board shall not reclassify into a class available for service any registrant (1) who has been found to be physically or mentally unfit for any military service, or (2) who has been separated from the armed forces of the United States by reason of physical or mental disability.

PART 624-APPEARANCE BEFORE LOCAL BOARD

Sec.

624.1 Opportunity to appear in person.

624.2 Appearance before local board.

624.3 Induction postponed.

§ 624.1 Opportunity to appear in person. (a) Every registrant, after his classification is determined by the local board (except a classification which is itself determined upon an appearance before the local board under the provisions of this part), shall have an opportunity to appear in person before the member or members of the local board designated for the purpose if he files a written request therefor within 10 days after the local board has mailed a Notice of Classification (SSS Form No. 110) to him. Such 10-day period may not be extended, except when the local board finds that the registrant was unable to file such request within such period because of circumstances over which he had no control.

(b) No person other than a registrant shall have the right to appear in person before the local board, but the local board may, in its discretion, permit any person to appear before it with or on behalf of a registrant: Provided, That if the registrant does not speak English adequately he may appear with a person to act as interpreter for him: And provided further, That no registrant may be represented before the local board by anyone acting as attorney or legal counsel.

(c) If the written request of the registrant to appear in person is filed after such 10-=day period and the local board finds that the registrant was unable to file such request within such period because of circumstances over which he had no control, the local board shall enter in the "Minutes of Actions by Local Board and Appeal Board" on the Classification Questionnaire (SSS Form No. 100) the date on which the request was received and the date and the time fixed for the registrant to appear and shall promptly mail to the registrant a notice of the time and place fixed for such appearance.

(d) If such a written request of a registrant for an opportunity to appear in person is received after the 10-day period following the mailing of a Notice of Classification (SSS Form No. 110) to the registrant, the local board, unless it specifically finds that the registrant was unable to file such a request within such period because of circumstances over which he had no control, shall advise the registrant, by letter, that the time in which he is permitted to file such a request has expired, and a copy of such letter shall be placed in the registrant's file. Under such circumstances, no other record of the disposition of the registrant's request need be made.

§ 624.2 Appearance before local board. (a) At the time and place fixed by the local board, the registrant may appear in person before the member or members of the local board designated for the purpose. The fact that he does appear shall be entered in the "Minutes of Actions of Local Board and Appeal Board" on the Classification Questionnaire (SSS Form NO. 100).

(b) At any such appearance, the registrant may discuss his classification, may point out the class or classes in which he thinks he should have been placed, and may direct attention to any information in his file which he believes the local board has overlooked or to which he believes it has not given sufficient weight. The registrant may present such further information as he believes will assist the local board in determining his proper classification. Such information shall be in writing, or, if oral, shall be summarized in writing and, in either event, shall be placed in the registrant's file. The information furnished should be as concise as possible under the circumstances. The member or members of the local board before whom the registrant appears may impose such limitations upon the time which the registrant may have for his appearance as they deem necessary.

(c) After the registrant has appeared before the member or members of the local board designated for the purpose, the local board shall consider the new information which it receives and shall again classify the registrant in the same manner as if he had never before been classified.

(d) After the registrant has appeared before the member or members of the local board designated for the purpose, the local board, as soon as practicable after it again classifies the registrant, shall mail notice thereof on Notice of Classification (SSS Form No. 110) to the registrant and on Classification Advice (SSS Form No. 111) to the persons entitled to receive such notice or advice on an original classification under the provisions of § 623.4 of this chapter.

(e) Each such classification shall be followed by the same right of appeal as in the case of an original classification.

§ 624.3 Induction postponed. A registrant shall not be inducted during the period afforded him to appear in person before a member or members of the local board, and if the registrant requests a personal appearance he shall not be inducted until 10 days after the Notice of Classification (SSS Form No. 110) is mailed to him by the local board, as provided in paragraph (d) of § 624.4.

_______________________________________________________________________

PART 625-REOPENING AND CONSIDERING ANEW REGISTRANT'S CLASSIFICATION

REOPENING REGISTRANT'S CLASSIFICATION

Sec.

625.1 Classification not permanent.

625.2 When registrant's classification may be reopened and considered anew.

625.3 When registrant's classification shall be reopened and considered anew.

625.4 Refusal to reopen and consider anew registrant's classification.

CLASSIFICATION ANEW

625.11 Classification considered anew when reopened.

625.12 Notice of action when classification considered anew.

625.13 Right of appeal following reopening of classification.

625.14 Order to report for induction to be canceled when classification reopened

REOPENING REGISTRANT'S CLASSIFICATION

§ 625.1 Classification not permanent. (a) No classification is permanent.

(b) Each classified registrant and each person who has filed a request for the registrant's deferment shall, within 10 days after it occurs, report to the local board in writing any fact that might result in the registrant being placed in a different classification such as, but not limited to, any change in his occupational, marital, or dependency status, or in his physical condition. Any other person should, within 10 days after knowledge thereof, report to the local board in writing any such fact.

(c) The local board shall keep informed of the status of classified registrants. Registrants may be questioned or physically or mentally re-examined, employers may be required to furnish information, police officials or other agencies may be requested to make investigations, and other steps may be taken by the local board to keep currently informed concerning the status of classified registrants.

§ 625.2 When registrant's classification may be reopened and considered anew. The local board may reopen and consider anew the classification of a registrant (1) upon the written request of the registrant, the government appeal agent, any person who claims to be a dependent of the registrant, or any person who has on file a written request for the current deferment of the registrant in a case involving occupational deferment, if such request is accompanied by written information presenting facts not considered when the registrant was classified, which, if true, would justify a change in the registrant's classification; or (2) upon its own motion if such action is based upon facts not considered when the registrant was classified which if true, would justify a change in the registrant's classification; provided, in either event, the classification of a registrant shall not be reopened after the local board has mailed to such registrant an Order to Report for Induction (SSS Form No. 252), unless the local board first specifically finds there has been a change in the registrant's status resulting from circumstances over which the registrant had no control.

§ 625.3. When registrant's classification shall be reopened and considered anew. The local board shall reopen and consider anew the classification of a registrant upon the written request of the State Director of Selective Service or the Director of Selective Service and upon receipt of such request shall immediately cancel any Order to Report for Induction (SSS Form No. 252) which may have been issued to the registrant.

§ 625.4 Refusal to reopen and consider anew registrant's classification. When a registrant, any person who claims to be a dependent of a registrant, any person who has on file a written request for the current deferment of the registrant in a case involving occupational deferment, or the government appeal agent files with the local board a written request to reopen and consider anew the registrant's classification and the local board is of the opinion that the information accompanying such request fails to present any facts in addition to those considered when the registrant was classified or, even if new facts are presented, the local board is of the opinion that such facts, if true, would not justify a change in such registrant's classification, it shall not reopen the registrant's classification. In such a case, the local board, by letter, shall advise the person filing the request that the information submitted does not warrant the reopening of the registrant's classification and shall place a copy of the letter in the registrant's file. No other record of the receipt of such a request and the action taken thereon is required.

CLASSIFICATION ANEW

§ 625.11 Classification considered anew when reopened. When the local board reopens the registrant's classification, it shall consider the new information which it has received and shall again classify the registrant in the same manner as if he had never before been classified. Such classification shall be and have the effect of a new and original classification even though the registrant is again placed in the class that he was in before his classification was reopened.

§ 625.12 Notice of action when classification considered anew. When the local board reopens the registrant's classification, it shall, as soon as practicable after it has again classified the registrant, mail notice thereof on Notice of Classification (SSS Form NO. 110) to the registrant and on Classification Advice (SSS Form No. 111) to the persons entitled to receive such notice or advice on an original classification under the provisions of § 623.4 of this chapter.

§ 625.13 Right of appeal following reopening of classification. Each such classification shall be followed by the same right of appearance before the local board and the same right of appeal as in the case of an original classification.

§ 625.14 Order to report for induction to be canceled when classification reopened. When the local board has reopened the classification of a registrant, it shall cancel any Order to Report for Induction (SSS Form No. 252) which may have been issued to the registrant. If, after the registrant's classification is reopened, he is classified anew into a class available for service, he shall be ordered to report for induction in the usual manner.

PART 626-APPEAL TO APPEAL BOARD

WHO MAY APPEAL

Sec.

626.1 Appeal by Director and State Director.

626.2 Appeal by registrant and others.

PROCEDURE FOR TAKING APPEAL

626.11 How appeal to appeal board is taken.

626.12 Statement of person appealing.

626.13 Local board to prepare appeal record and forward file.

626.14 Time when record to be forwarded on appeal.

PROCEDURE FOLLOWED BY APPEAL BOARD

626.21 Entry of appeal in Docket Book of Appeal Board (SSS Form No. 121).

626.22 Action if appeal board disqualified.

626.23 Preliminary review.

626.24 Review by appeal board.

626.25 Special provisions when appeal involves claim that registrant is a

conscientious objector.

626.26 Decision of appeal board.

626.27 Record of decision on appeal and return of file.

LOCAL BOARD ACTION ON RECEIVING DECISION OF APPEAL BOARD

626.31 Procedure of local board when advised of decision of appeal board.

EFFECT OF APPEAL

626.41 Appeal postpones induction.

SPECIAL APPEAL

626.51 Appeal may be taken by registrant from local board determination in

certain cases.

RECONSIDERATION BY APPEAL BOARD

626.61 Reconsideration of appeal board determination.

WHO MAY APPEAL

§ 626.1 Appeal by Director and State Director. (a) Either the Director of Selective Service or the /State Director of Selective Service as to local boards in his State may appeal from any determination of a local board.

(b) Either the State Director of Selective Service or the Director of Selective Service may take such an appeal at any time.

§ 626.2 Appeal by registrant and others. (a) the registrant, any person who claims to be a dependent of the registrant, any person who prior to the classification appealed from filed a written request for the current occupational deferment of the registrant, or the government appeal agent may appeal to an appeal board from any classification of a registrant by the local board except that no such person may appeal from the determination of the registrant's physical or mental condition.

(b) The government appeal agent may take any appeal authorized under paragraph (a) of this section at any time within 10 days after the date when the local board mails to the registrant a Notice of Classification (SSS Form NO. 110) or at any time before the registrant is mailed an Order to Report for Induction (SSS Form No. 252).

(c) The registrant, any person who claims to be a dependent of the registrant, or any person who prior to the classification appealed from filed a written request for the current occupational deferment of the registrant, may take an appeal authorized under paragraph (a) of this section at any time within the following periods:

(1) Within 10 days after the date the local board mails to the registrant a Notice of Classification (SS Form No. 110).

(2) Within 30 days after the date the local board mails to the registrant a Notice of Classification (SSS Form NO. 110), if, on that date, it appears that the registrant is located in one and the local board which classified the registrant is located in another of the following: The continental United States, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, or the Virgin Islands of the United States.

(3) Within 30 days after the date the local board mails to the registrant a Notice of Classification (SSS Form No. 110), if, on that date, it appears that the registrant is located in Canada, Cuba, Mexico, or the Canal Zone.

(4) Within 60 days after date the local board mails to the registrant a Notice of Classification (SSS Form No. 110), if, on that date, it appears that the registrant is located outside the continental United States, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, the Virgin Islands of the United States, Canada, Cuba, Mexico, and the Canal Zone.

(d) At any time prior to the date the local board mails to the registrant an Order to Report for Induction (SSS Form No. 252), the local board may permit any person described in paragraph (c) of this section to appeal even though the period for taking an appeal has elapsed, if it is satisfied that the failure of such person to appeal within such period was due to a lack of understanding of the right to appeal or to some cause beyond the control of such person. Unless the local board thereafter permits an appeal, the right of such persons to appeal shall expire at the end of the period provided for in paragraph (c) of this section. If an extension of time to appeal is granted by the local board, a record thereof shall be entered on the Classification Questionnaire (SSS Form No. 100) under the heading "Minutes of Actions by Local Board and Appeal Board."

PROCEDURE FOR TAKING APPEAL

§ 626.11 How appeal to appeal board is taken. (a) Any person entitled to do so may appeal to the appeal board by filing with the local board a written notice of appeal. Such notice need not be in any particular form but must state the name of the registrant and the name and identify of the person appealing so as to show the right of appeal. The language of any such notice shall be liberally construed in favor of the person filing the notice so as to permit the appeal.

(b) The local board shall enter on the Classification Questionnaire (SSS Form No. 100), under the heading "Minutes of Action by Local Board and Appeal Board", the date on which an appeal is filed.

§ 626.12 Statement of person appealing. The person appealing may attach to his appeal a statement specifying the matters in which he believes the local board erred, may direct attention to any information in the registrant's file which he believes the local board has failed to consider or to give sufficient weight, and may set out in full any information which was offered to the local board and which the local board failed or refused to include in the registrant's file.

§ 626.13 Local board to prepare appeal record and forward file. (a) Immediately upon an appeal being taken to the appeal board by a person entitled to appeal, the local board shall prepare the Individual Appeal Record (SSS Form No. 120) in duplicate, attaching the original to the inside of the registrant's Cover Sheet (SSS Form NO. 101) and placing the duplicate copy in the local board files. The local board shall carefully check the registrant's file to make certain that all steps required by the regulations have been taken and that the record is complete. If any facts considered by the local board do not appear in the written information in the file, the local board shall prepare and place in the file a written summary of such facts.

(b) The local board shall forward to the appeal board, or appropriate panel thereof, the file of a registrant who appeals or on whose behalf an appeal is taken; Provided, That the State Director of Selective Service may direct the channels through which such file shall be forwarded.

§ 626.14 Time when record to be forwarded on appeal. (a) The registrant's file shall be forwarded to the appeal board, or appropriate panel thereof, immediately after the local board has complied with the provisions of § 626.13 (but in no event later than 5 days after the appeal is taken); provided, that except as may be otherwise directed by the Director of Selective Service, when an appeal is taken from the classification of a registrant in Class I-A or Class I-SA-O, the file of the registrant shall be forwarded to the appeal board until (1) the registrant has been ordered to report for his physical examination as prescribed in these regulations, and (2) the results of the physical examination have been received by the local board or the registrant has failed to appear for his physical examination at the time he is ordered to do so. If as a result of the physical examination such registrant is found to be disqualified for any military service, his classification shall be reopened and the registrant shall be placed in Class IV-F, unless eligible for classification in Class V-A. In such cases the appeal shall not be forwarded unless an appeal is taken from the classification given the registrant by the local board after such reopening.

(b) The local board shall enter in the Classification Record (SSS Form NO. 102) the date it transmits the registrant's file to the appeal board or appropriate panel thereof.

PROCEDURE FOLLOWED BY APPEAL BOARD

§ 626.21 Entry of appeal in Docket Book of Appeal Board (SSS Form No. 121). Upon receiving the record of a registrant, the appeal board shall enter the registrant's name, selective service number, and the date the record is received, in the Docket Book of Appeal Board (SSS Form No. 121) on the separate page provided for appeals from the registrant's local board.

§ 626.22 Action if appeal board disqualified. If the appeal board, upon receiving the file of a registrant, determines that it cannot act on the appeal for any reason, it shall forward the file to the State Director of Selective Service. If there is more than one appeal board panel in the State, the State Director of Selective Service shall designate another appeal board panel in the State to act upon the appeal and shall transmit the file to the designated appeal board panel. If the appeal board to which the file was originally forwarded

has no additional panels, the Director of Selective Service, upon the request of the State Director of Selective Service, shall designate an appeal board in a neighboring State to act upon the appeal, and the State Director of Selective Service shall transmit the file to the State Director of Selective Service for the neighboring State for referral to the designated appeal board. The designated appeal board or panel thereof shall act on the appeal in the same manner and make the same records as in the case of an appeal from a local board whose records it normally reviews, except that all entries and records will be made in red ink. The State Director of Selective Service shall advise the local board from which the appeal was taken when a file is referred to an appeal board or appeal board panel other than the one normally acting on appeals from such local board and shall state the reason therefor.

§ 626.23 Preliminary review. The appeal board will carefully check each file to determine whether all steps required by the regulations have been taken, whether the record is complete, and whether the information in the file is sufficient to enable it to determine the registrant's classification. If any steps have been omitted by the local board, if the record is incomplete, or if the information is not sufficient to enable the appeal board to determine the classification of the registrant, the appeal board shall return the file to the local board with a request for additional information or action. If the appeal board returns the file to the local board for additional information or action, it shall enter the date of return in column 8 and the reason for return in column 9 of the Docket Book of Appeal Board (SSS Form No. 121). When the file is returned to the appeal board the appeal shall be entered on the Docket Book of Appeal Board (SSS Form No. 121) in the manner prescribed in § 626.21.

§ 626.24 Review by appeal board. (a) Except as provided in § 626.51(c), regarding a determination of a local board on the question whether a registrant is a person required by law to be registered, the board of appeal shall consider appeals in the order in which they are received unless otherwise directed by the Director of Selective Service, in which event, they shall be considered in such order as the Director of Selective Service shall prescribe.

(b) In reviewing the appeal, the appeal board shall not receive or consider any information which is not contained in the record received from the local board except (1) the advisory recommendation from the Department of Justice under § 626.25, and (2) general information concerning economic, industrial, and social conditions.

§ 626.25 Special provisions when appeal involves claim that registrant is a conscientious objector. (a) If an appeal involves the question whether or not a registrant is entitled to be sustained in his claim that he is a conscientious objector, the appeal board shall take the following action:

(1) If the registrant has claimed, by reason of religious training and belief to be conscientiously opposed to participation in war in any form and by virtue thereof to be conscientiously opposed to combatant training and service in the armed forces but not conscientiously opposed to noncombatant training and service in the armed forces, the appeal board shall first determine whether or not such registrant is eligible for classification in a class lower than Class I-A-O. If the appeal board determines that such registrant is eligible for classification in class lower than Class I-A-O, it shall classify the registrant in that class. If the appeal board determines that such registrant is not eligible for classification in a class lower than Class I-A-O, but is eligible for classification in Class I-A-O, it shall classify the registrant in that class.

(2) If the appeal board determines that such registrant is not eligible for classification in either a class lower than Class I-A-O or in Class I-A-O, the appeal board shall transmit the entire file to the United States Attorney for the judicial district in which the office of the appeal board is located for the purpose of securing an advisory recommendation from the Department of Justice.

(3) If the registrant claims that he is, by reason of religious training and belief, conscientiously opposed to participation in war in any form and to be conscientiously opposed to participation in both combatant and noncombatant training and service in the armed forces, the appeal board shall first determine whether or not the registrant is eligible for classification in a class lower than Class IV-E. If the appeal board finds that the registrant is not eligible for classification in a class lower than Class IV-E, but does find that the registrant is eligible for classification in Class IV-E, it shall place him in that class.

(4) If the appeal board determines that such registrant is not entitled to classification in either a class lower than Class IV-E or in Class IV-E, it shall transmit the entire file to the United States Attorney for the judicial district in which the office of the appeal board is located for the purpose of securing an advisory recommendation from the Department of Justice.

(b) No registrant's file shall be forwarded to the United States Attorney by any appeal board and any file so forwarded shall be returned, unless in the "Minutes of Actions by Local Board and Appeal Board" on the Classification Questionnaire (SSS Form No. 100) the record shows and the letter of transmittal states that the appeal board reviewed the file and determined that the registrant should not be classified in either Class I-A-O or Class IV-E under the circumstance set forth in subparagraphs (2) or (4) of paragraph (a) of this section.

(c) The Department of Justice shall thereupon make an inquiry and hold a hearing on the character and good faith of the conscientious objections of the registrant. The registrant shall be notified of the time and place of such hearing and shall have an opportunity to be heard. If the objections of the registrant are found to be sustained, the Department of Justice shall recommend to the appeal board (1) that if the registrant is inducted into the armed forces, he shall be assigned to noncombatant service, or (2) that if the registrant is found to be conscientiously opposed to participation in such noncombatant service, he shall be deferred in Class IV-E. If the Department of Justice finds that the objections of the registrant are not sustained, it shall recommend to the appeal board that such objections be not sustained.

(d) Upon receipt of the report of the Department of Justice, the appeal board shall determine the classification of the registrant, and in its determination it shall give consideration to, but it shall not be bound to follow, the recommendation of the Department of Justice. The appeal board shall place in the Cover Sheet (SSS Form No. 101) of the registrant both the letter containing the recommendation of the Department of Justice and the report of the Hearing Officer of the Department of Justice.

§ 626.26 Decision of appeal board. (a) the appeal board shall classify the registrant, giving consideration to the various classes in the same manner in which the local board gives consideration thereto when it classifies a registrant, except that an appeal board may not place a registrant in Class IV-F because of physical or mental disability unless the registrant has been found by the local board or the armed forces to be disqualified for any military service because of physical or mental disability.

(b) Such classification of the registrant shall be final, except where an appeal to the President is taken; provided, that this shall not be construed as prohibiting a local board from changing the classification of a registrant in a proper case under the provisions of Part 625 of this chapter.

§ 626.27 Record of decision on appeal and return of file. (a) When the appeal board makes its classification, it shall record its decision showing the yes and no vote upon the Individual Appeal Record (SSS Form No. 120) and in the Docket Book of Appeal Board (SSS Form No. 121) and shall mark the case "Closed" in the "Remarks" column in the Docket Book of Appeal Board (SSS Form NO. 121. All entries in the records of the appeal board shall be made in red ink for those registrants whose cases have been appealed from a classification or determination of a local board which is not located in the appeal board area.

(b) Immediately upon completion of the records, the following action shall be taken:

(1) The appeal board shall return the file to the local board which classified the registrant if such local board and the appeal board are in the same State; provided that the State Director of Selective Service may direct the channels through which such file shall be returned to such local board; or

(2) The appeal board shall return the file to its State Director of Selective Service if the local board which classified the registrant and the appeal board are in different States. The State Director of Selective Service of the State in which the appeal board is located shall transmit the file to the State Director of Selective Service of the State in which is located the local board which classified the registrant for transmission to that local board. At the request of the State Directors of Selective Service affected, the procedure provided in this subparagraph may be changed in such manner as the Director of Selective Service may order.

LOCAL BOARD ACTION ON RECEIVING DECISION OF APPEAL BOARD

§ 626.31 Procedure of local board when advised of decision of appeal board. When the local board receives notice of the decision of a case by the appeal board, it shall:

(a) Mail a Notice of Classification (SSS Form No. 110) to the registrant, mail a Classification Advice (SSS Form NO. 111) to every person who has on file a written request for the current deferment of the registrant, and, when the Individual Appeal Record (SSS Form No. 120) shows one or more members of the appeal board dissented from the classification, enter upon the Notice of Classification (SSS Form NO. 110) and Classification Advice (SSS Form NO. 111) mailed the record of the vote of the appeal board as follows: "Vote of appeal board. Yes.____ No____."

(b) enter on the Classification Record (SSS Form No. 102) the date of mailing such Notice of Classification (SSS Form NO. 110) and on the Classification Questionnaire (SSS Form NO. 100), under "Minutes of Actions by Local Board and Appeal Board", the date of mailing such Classification Advice (SSS Form No. 111).

(c) If the local board classification of the registrant has been changed by the appeal board, enter the new classification in the Classification Record (SSS Form No. 102) and, with red ink, draw a line through the local board classification.

EFFECT OF APPEAL

§ 621.41 Appeal postpones induction. A registrant shall not be inducted either during the period afforded him to take an appeal to the appeal board or during the time such an appeal is pending.

SPECIAL APPEAL

§ 626.51 Appeal may be taken by registrant from local board determination in certain cases. (a) When a registrant has requested his local board to make a determination under the provisions of § 619.1 of this chapter and the local board has made a determination upon such request, the registrant may file a written notice of appeal from the determination of the local board within 10 days from the date the local board mailed notice of such determination.

(b) Immediately upon such an appeal being filed, the local board shall transmit the registrant's file as provided in § 626.13.

(c) When the appeal board receives a registrant's file, it shall give preference to such appeal unless otherwise directed by the Director of Selective Service, shall make a determination, and shall immediately return the file as provided in § 626.27.

(d) When the local board receives the registrant's file from the appeal board, it shall notify the registrant of the appeal board's determination.

RECONSIDERATION BY APPEAL BOARD

§ 626.61 Reconsideration of appeal board determination. (a) When either the Director of Selective Service or the State Director of Selective Service deems it to be in the national interest or necessary to avoid an injustice, he may, at any time, request an appeal board to reconsider any determination made by it, stating his reasons for requesting such reconsideration. Upon receiving such a request, an appeal board will reconsider its determination in any case.

(b) At any time within 10 days after the date when the local board mails to the registrant a Notice of Classification (SSS Form No. 110) as provided in § 626.31, or at any time before the registrant is mailed an Order to Report for Induction (SSS Form No. 252), the government appeal agent, if he deems it to be in the national interest or necessary to avoid an injustice, may prepare and place in the registrant's file a recommendation that the State Director of Selective Service either request the appeal board to reconsider its determination or appeal to the President. The registrant's file shall then be forwarded to the State Director of Selective Service. As soon as the State Director of Selective Service has acted upon the recommendation of the government appeal agent he shall advise the local board and, if he determines neither to request the appeal board to reconsider its determination nor to appeal to the President, he shall return the file to the local board.

PART 627-APPEAL TO THE PRESIDENT

SEC.

627.1 Who may appeal to the President from any determination of an appeal

board.

627.2 State Directors who may appeal to the President.

627.3 Appeal to President.

627.4 How appeal to the President is taken.

627.5 Procedure on appeal to the President.

627.6 File to be returned after appeal to the President is decided.

627.7 Procedure of local board when appeal to the President is returned.

627.8 Appeal to the President postpones induction.

§ 627.1 Who may appeal to the President from any determination of an appeal board. (a) When either the State Director of Selective Service or the Director of Selective Service deems it to be in the national interest or necessary to avoid an injustice, he may appeal to the President from any determination of an appeal board. He may take such an appeal at any time.

(b) An appeal to the President may be taken by the Director of Selective Service (1) by mailing to the local boar, through the State Director of Selective Service, a written notice of appeal or (2) by placing in the registrant's file a written notice of appeal and, through the State Director of Selective Service, advising the local board hereof.

(c) An appeal to the President may be taken by the State Director of Selective Service (1) by mailing to the local board a written notice of appeal and directing the local board to forward the registrant's file to him for transmittal to the Director of Selective Service or (2) by placing in the registrant's file a written notice of appeal and advising the local board thereof. Before he forwards the registrant's file to the Director of Selective Service, the State Director of Selective Service shall place in such file a written statement of his reasons for taking such appeal.

§ 627.2 State Directors who may appeal to the President. When a registrant's case has been reviewed by an appeal board of a State other than the State in which the local board which classified the registrant is located, either the State Director of Selective Service of the State in which the classifying local board is located or the State Director of Selective Service of the State in which the appeal board is located may appeal to the President from the determination of the appeal board if he deems it to be in the national interest or necessary to avoid an injustice.

§ 627.3 Appeal to President. The registrant, any person who claims to be a dependent of the registrant, or any person who prior to the classification appealed from filed a written request for the current occupational deferment of the registrant, at any time within 10 days after the mailing by the local board of the Notice of Classification (SSS Form No. 110) notifying the registrant that the local board classification has been affirmed or changed, may appeal to the President if the registrant was classified by the appeal board in either Class I-A or Class I-A-O and one or more members of the appeal board dissented from such classification. The local board may permit any person who is entitled to appeal to the President under this section to do so, even though the 10 day period herein provided for such an appeal has elapsed, if it is satisfied that the failure of such person to appeal within such 10 day period was due to a lack of understanding of the right to appeal or to some other cause beyond the control of such person.

§ 627.4 How appeal to the President is taken. An appeal to the President under the provisions of § 627.3 shall be taken by filing with the local board a written notice of appeal. Such notice need not be in any particular form but must state the name of the registrant and the name and identity of the person appealing so as to show the right of appeal, and the fact that such person wishes the President to review the determination of the appeal board.

§ 627.5 Procedure on appeal to the President. (a) When an appeal to the President is taken, the local board shall (1) notify the registrant that such an appeal has been taken; (2) if the registrant's file is in its possession, forward the entire file to the State Director of Selective Service; and (3) enter on the Classification Record (SSS Form No. 102) under "Remarks" the date the file is forwarded or the date it receive s notice that an appeal to the President has been taken.

(b) When an appeal to the President is taken, the State Director of Selective Service shall check the file which is in his possession or which is forwarded to him to be sure that all procedural requirements have been properly complied with, including notice to the registrant that such an appeal has been taken, and if he discovers any procedural defects, return the file for correction. If any information has been placed in the file which was not considered by the local board in making the classification from which the appeal to the President is taken, the State Director of Selective Service shall review such information and, if he is of the opinion that such information, if true, would justify a different classification of the registrant, return the file to the local board with instructions to reopen the registrant's classification and classify the registrant anew.

(c) When the State Director of Selective Service has complied with the provisions of paragraph (b) of this section, he shall, unless the file is returned to the local board forward the file to the Director of Selective Service.

§ 627.6 File to be returned after appeal to the President is decided. When the appeal to the President has been decided, the file shall be returned to the local board through the appropriate State Director of Selective Service.

§ 627.7 Procedure of local board when appeal to the President is returned. When the file of the registrant is received by the local board, it shall:

(a) Mail a Notice of Classification (SSS Form No. 110) to the registrant and mail a Classification Advice (SSS Form NO. 111) to every person who has on file a written request for the current deferment of the registrant.

(b) Enter in the Classification Record (SSS Form No. 102) the date of the mailing of such Notice of Classification (SSS Form NO. 110), under "Minutes of Actions by Local Board and Appeal Board," the date of mailing such Classification Advice (SSS Form NO. 111).

(c) If the classification of the registrant by the appeal board has been changed, enter the new classification in the Classification Record (SSS Form No. 102) and, with red ink, draw a line through the appeal board classification.

§ 627.8 Appeal to the President postpones induction. A registrant shall not be inducted during the time an appeal to the President is pending.

2. (a) There is hereby created and established within the Selective Service System a civilian agency of appeal which shall be known as the National Selective Service Appeal Board, hereinafter referred to as the National Board. The National Board shall consist of three members who shall be appointed by the President from among citizens of the United States who are not members of the armed forces, one of whom shall be designated by the President as the chairman.

(b) The National Board is authorized and directed to perform all the functions and duties vested in the President by Title I of the Selective Service Act of 1948 that relate to appeals from the determinations of other appeal boards of the Selective Service System, including particularly the functions and duties of the President under that sentence of section 19(b)(3) of said Act which reads as follows: "The President, upon appeal or upon his own motion, shall have power to determine all claims or questions with respect to inclusion for, or exemption or deferment from training and service under this title, and the determination of the President shall be final."

(c) The National Board shall be in all respects independent of the Director of Selective Service (except as provided in paragraphs (d) and (e) below).

(d) The Director of Selective Service and the National Board shall each furnish to the other such information and assistance as will further the attainment of the objectives of Title I of the Selective Service Act of 1948 and promote the effective administration of such title.

(e) Each member of the National Board shall (1) devote so much time to the affairs of the National Board as its responsibilities may require, (2) be compensated on a when actually employed basis at a rate equivalent to a full-time rate of $12,500 per annum, and (3) receive actual traveling and other necessary expenses. The Director of Selective Service shall provide for the payment of such compensation and expenses and shall furnish the National Board suitable office space and other necessary facilities and services at the national Selective Service Headquarters.

HARRY S. TRUMAN

THE WHITE HOUSE,

August 20, 1948