Executive Order 10363—Amending the Selective Service Regulations

By virtue of the authority vested in me by title I of the Universal Military Training and Service Act (62 Stat. 604), as amended, I hereby prescribe the following amendments of the Selective Service Regulations prescribed by Executive Orders No. 9979 of July 20, 1948, No. 9988 of August 20, 1948, No. 10008 of October 18, 1948, No. 10202 of January 12, 1951, and No. 10292 of September 25, 1951, and constitution portions of Chapter XVI of Title 32 of the Code of Federal Regulations. 1. Section 1604.51 of Part 1604, Selective Service Officers, is amended to read as follows: § 1604.51 Areas. The State Director of Selective Service for each State shall divide his State into local board areas. Normally, no such area should have a population exceeding 100,000. There shall be at least one separate local board area in each county; provided, that an intercounty local board may be established for an area not exceeding five counties within a State when the Director of Selective Service determines after considering the public interest involved and the recommendations of the Governor, that the establishment of such local board area will result in a more efficient and economical operation. 2. Paragraph (a) of § 1609.51 of Part 1609, Expenditures Other Than for Personal Services, is amended to read as follows: (a) Funds appropriated for the operation and maintenance of the Selective Service System shall be available for payment of actual and reasonable expenses of (1) emergency medical care including hospitalization of registrants who suffer illness or injury, and (2) the transportation and burial of the remains of registrants who suffer death, while acting under orders issued by or under the authority of the Director of Selective Service, but the expenses of burial, including preparation of the body, shall not exceed $150 in any one case and no expenses arising from the illness, injury, or death of a registrant shall be payable under the provisions of this section when such illness, injury, or death occurs while the registrant is performing civilian work contributing to the maintenance of the national health, safety, or interest which he has been ordered to perform by the local board. 3. Subparagraph (2) of paragraph (b) of § 1622.30 of Part 1622, Classification Rules and Principles, is amended to read as follows: (2) No registrant shall be placed in Class III-A because he has a child which is not yet born unless, prior to the time the local board mails him an order to report for induction, there is filed with the local board the certificate of a licensed physician stating that the child has been conceived the probable date of its delivery, and the evidence upon which his positive diagnosis of pregnancy is based. 4. Section 1626.25 of Part 1626, Appeal to Appeal Board, is amended to read as follows: § 1626.25 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 participation in combatant training and service in the armed forces, but not conscientiously opposed to participation in noncombatant training and service in the armed forces, and the local board has classified the registrant in Class I-A-O, the appeal board shall proceed with the classification of the registrant. If, in such a case, the local board has classified the registrant in any class other than Class I-A-0 the appeal board shall transmit the entire file to the United States Attorney for the Federal judicial district in which the appeal board has jurisdiction for the purpose of securing an advisory recommendation from the Department of Justice. (2) 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 participation in both combatant and noncombatant training and service in the armed forces, and the local board has classified the registrant in Class I-O, the appeal board shall proceed with the classification of the registrant. If, in such a case, the local board has classified the registrant in any class other than Class I-O, the appeal board shall transmit the entire file to the United States Attorney for the Federal judicial district in which the appeal board has jurisdiction for the purpose of securing an advisory recommendation from the Department of Justice. (b) Whenever a registrant's file is forwarded to the United States Attorney in accordance with paragraph (a) of this section, 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 in lieu of induction be ordered by his local board to perform for a period of twenty-four consecutive months civilian work contributing to the maintenance of the national health, safety, or interest. 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. (c) 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 recommendations of the Department of Justice. The appeal board shall place in the Cover Sheet (SSS Form No. 101) of the registrant the letter containing the recommendation of the Department of Justice. 5. (a) Subparagraph (1) of paragraph (b) of § 1628.4 of Part 1638, Physical Examination, is amended to read as follows: (1) Prepare an original and three copies of the Record of Induction (DD Form No. 47), by completing all of Section I except item 2, and item 18 of Section II thereof, and send the original to the medical advisor to the local board for completion of item 19 of Section II after the medical interview. (b) Paragraph (b) of § 1628.5 of Part 1628 is amended to read as follows: (b) Upon receiving such request for transfer for medical interview the registrant's own local board shall forward the original and three copies of the Record of Induction (DD Form No. 47), after completing all of Section I except item 2, and item 18 of Section II thereof, to the local board of transfer and shall enter under "Minutes of Actions by Local Board and Appeal Board" on the Classification Questionnaire (SSS Form No. 100 the date such forms were forwarded and the designation of the local board of transfer. (c) Subparagraph (2) of paragraph (a) of § 1628.13 of Part 1628 is amended to read as follows: (2) Prepare an original and three copies of the Record of Induction (DD Form No. 47), by completing all of Section I except item 2 and item 18 of Section II thereof, for each such registrant for whom such form has not previously been completed. 6. Section 1630.4 of Part 1630, Volunteers, is amended to read as follows: §1630.4 Classification of volunteers. When a man files an Application for Voluntary Induction (SSS Form No. 254) under the provisions of §1630.1, he shall be classified as soon as possible and placed in a class available for military service unless: (a) Disregarding all other grounds for deferment, he would be classified in Class II-A, Class II-C, or Class III-A; (b) He is the Vice President of the United States, a Governor of a State, any State official chosen by the voters of the entire State, a member of the Congress of the United States, a member of a State legislative body, or a judge of a court of record of the United States or of a State, required to be deferred by law; (c) He 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, whose induction is prohibited by law; or (d) Under the provisions of § 1622.44 of this chapter he is found to be physically, mentally, or morally unfit. HARRY S. TRUMAN THE WHITE HOUSE, June 17, 1952