Executive Order 10714—Amending the Selective Service Regulations

By virtue of the authority vested in me by the Universal Military Training and Service Act (62 Stat. 604), as amended, and by section 262 of the Armed Forces Reserve Act of 1952, as added by section 2 (i) of the Reserve Forces Act of 1955 (69 Stat. 600), as amended, I hereby prescribe the following amendments of the Selective Service Regulations prescribed by Executive Orders No. 9988 of August 20, 1948, No. 10001 of September 17, 1948, No. 10116 of March 9. 1950, No. 10167 of October 11, 1950, No. 10292 of September 25, 1951, No. 10363 of June 17, 1952, No. 10594 of January 31, 1955, No. 10650 of January 6, 1956, and No. 10659 of February 15, 1956, and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations: 1. (a) Paragraph (b) of § 1611.2 of Part 1611, Duty and Responsibility to Register, is amended (1) by striking out the periods at the end of subparagraphs (7) and (8) and inserting in lieu thereof semicolons, (2) by striking out the period at the end of subparagraph (9) and inserting in lieu thereof a semicolon and the word "or", and (3) by adding a new subparagraph (10) to read as follows: (10) He is a bona fide representative of a foreign press medium who has entered the United States temporarily under the provisions of section 101 (a) (15) (I) of the Immigration and Nationality Act (Public Law 414, 82d Congress) solely for the purpose of engaging in such vocation and continues to pursue the purpose for which he was admitted. (b) A new paragraph (g) is added to § 1611.2 to read as follows: (g) Each alien who is in the category described in subparagraph (10) of paragraph (b) of this section must have in his possession and available for examination a visa or other official document issued to him by a diplomatic, consular, or immigration officer of the United States evidencing that he has entered the United States pursuant to the provisions of section 101 (a) (15) (I) of the Immigration and Nationality Act (Public Law 414, 82d Congress). 2. (a) Section 1622.2 of Part 1622, Classification Rules and Principles, is amended by deleting from the list of classes appearing therein "Class III-A: Registrant with a child or children; and registrant deferred by reason of extreme hardship and privation to dependents." and inserting in lieu thereof "Class III-A: Registrant with a child or children; and registrant deferred by reason of extreme hardship to dependents.". (b) A new paragraph (1) is added to § 1622.13 of Part 1622 to read as follows: (1) In Class I-D shall be placed any registrant who is serving satisfactorily as a member of a unit of the Ready Reserve of a reserve component of the armed forces and is not eligible for Class I-D under the provisions of any other paragraph of this section. (c) (1) The headnote of § 1622.30 of Part 1622 is amended to read as follows: "§ 1622.30 Class III-A: Registrant with a child or children; and registrant deferred by reason of extreme hardship to dependents." (2) Paragraph (b) of § 1622.30 is amended to read as follows: (b) In Class III-A shall be placed any registrant whose induction into the armed forces would result in extreme hardship (1) to his wife, divorced wife, child, parent, grandparent, brother, or sister who is dependent upon him for support, or (2) to 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, That a person shall be considered to be a dependent of a registrant under this paragraph only when such person is either a citizen of the United States or lives in the United States, its Territories, or possessions. (d) Subparagraph (6) of paragraph (a) of § 1622.40 of Part 1622 is amended to read as follows: (6) A registrant who has served on active duty subsequent to June 24, 1948, for a period of not less than eighteen months in the armed forces of a nation certified by the Department of State to be a nation with which the United States is associated in mutual defense activities and which grants exemption from training and service in its armed forces to citizens of the United States who have served on active duty in the Armed Forces of the United States subsequent to June 24, 1948, for a period of not less than eighteen months: Provided, That in computing such eighteen-month period, there shall be credited any active duty performed by the registrant prior to June 24, 1948, in the armed forces of a country allied with the United States during World War II and with which the United States is associated in such mutual defense activities: And provided further, That all information which is submitted to the local board concerning the registrant's service in the armed forces of a foreign nation shall be written in the English language 3. Section 1623.11 of Part 1623, Classification Procedure, is revoked. 4. Paragraph (a) of § 1624.1 of Part 1624, Appearance Before Local Board, is amended to read as follows: (a) Every registrant, after his classification is determined by the local board except (1) a classification which is determined upon an appearance before the local board under the provisions of this part or (2) a classification in Class I-C, Class I-W, Class IV-F, or Class V-A, 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. 5. (a) Subparagraph (2) of paragraph (b) of § 1626.24 of Part 1626, Appeal to Appeal Board, is amended by striking out the word "economics" and inserting in lieu thereof the word "economic". (b) Section 1626.25 of Part 1626 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 tentatively determine whether or not the registrant is eligible for classification in a class lower than Class I-0 or in Class I-0. If the appeal board finds that the registrant is eligible for classification in Class I-0 or in a lower class, it shall place him in the appropriate class. (b) If the appeal board tentatively determines that the registrant is not entitled to classification in either a class lower than Class I-0 or in Class I-0, it 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. (c) No registrant's file shall be forwarded to the United States Attorney by any appeal board unless the record on the Classification Questionnaire (SSS Form No. 100) shows and the letter of transmittal states that the appeal board reviewed the file and tentatively determined that the registrant should not be classified in Class I-0 or in a lower class. Any file forwarded to the United States Attorney without the information required by this paragraph shall be returned to the appeal board. (d) Whenever a registrant's file is forwarded to the United States Attorney in accordance with paragraphs (b) and (c) 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. (e) Upon receipt of the recommendation of the Department of Justice, the appeal board shall mail a copy thereof to the registrant together with a letter advising the registrant that, within thirty days after the date of such mailing, he may file with the appeal board a written reply concerning the recommendation of the Department of Justice. Upon receipt of the reply of the registrant or the expiration of the period afforded him to make such reply, whichever occurs first, the appeal board shall determine the classification of the registrant, and in its determination it shall give consideration to, but shall not be bound to follow, the recommendation of the Department of Justice. The appeal board also shall give consideration to any reply to such recommendation received from the registrant. The appeal board shall place in the Cover Sheet (SSS Form No. 101) of the registrant the recommendation of the Department of Justice, a copy of its letter transmitting a copy of such recommendation to the registrant, and any reply to such recommendation received from the registrant. 6. Paragraph (a) of § 1627.5 of Part 1627, Appeal to the President, is amended to read as follows: (a) When an appeal to the President is taken, the local board shall (1) notify the registrant that the appeal has been taken whenever it is taken by any person other than the registrant; (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 receives notice that an appeal to the President has been taken. 7. (a) Subparagraph (1) of paragraph (b) of § 1628.4 of Part 1628, Physical Examination, is amended to read as follows: (1) Prepare an original and three copies of the Record of Induction (DD Form No. 47) and send the original to the medical adviser to the local board for the entry of his findings 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 prepare and forward the original and three copies of the Record of Induction (DD Form No. 47) to the local board of transfer and shall enter 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) for each such registrant for whom such form has not previously been completed. (d) Paragraphs (b), (c), (d), (e), and (g) of § 1628.14 of Part 1628 are amended and a new paragraph (h) is added to § 1628.14 to read as follows: (b) Any such registrant desiring to be so transferred shall immediately report to the local board having jurisdiction of the area in which he is at that time located, present his Order to Report for Armed Forces Physical Examination (SSS Form No. 223) and apply for transfer by completing, in sextuplicate, Part 1 of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230). (c) (1) Except as otherwise provided in paragraph (d) of this section, the local board with which the registrant files such application shall investigate the circumstances of the registrant's absence from his own local board area. If it finds that he does not have a good reason for his absence, it shall enter its disapproval in Part 2 of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230), mail the original to the registrant's own local board, mail a copy to the registrant, file one copy, and destroy the remaining copies. The registrant shall then be required to report in accordance with the Order to Report for Armed Forces Physical Examination (SSS Form No. 223) which he received from his own local board. (2) If the local board with which the registrant files such application finds that he has a good reason for his absence from his own local board area and that he is so far from his own local board area that it would be a hardship for him to return to his own local board area for his armed forces physical examination, it shall enter its approval in Part 2 of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230), mail the original and three copies by air mail (unless ordinary mail is as expeditious) to the registrant's own local board, mail a copy to the registrant, and file the remaining copy. (d) The local board with which the registrant files such application shall enter its approval in Part 2 of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) whenever the registrant is located in one and the registrant's own local board is located in another of the following: The continental United States, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone. The local board shall mail the original and three copies of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) by air mail to the registrant's own local board, mail a copy to the registrant, and file the remaining copy. (e) Immediately upon receiving the approved Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230), the registrant's own local board shall complete Part 3 on the original and three copies received. It shall then mail the original and one copy to the local board to which the registrant is being transferred, mail one copy to its State Director of Selective Service, and file the remaining copy in the registrant's Cover Sheet (SSS Form No. 101). It shall also mail to the local board to which the registrant is being transferred for armed forces physical examination, the original and three copies of the Record of Induction (DD Form No. 47), any information in the possession of the local board which should be considered by the armed forces in determining the acceptability of the registrant for military service, and any other records designated by the Director of Selective Service. • • • • • (g) When the transferred registrant's examination has been completed or if he fails to report for examination, the local board to which the registrant was transferred for armed forces physical• examination shall complete Part 4 on the original and one copy of Transfer or Armed Forces Physical Examination or Induction (SSS Form No. 230), forward the original together with all the papers pertaining to the physical examination of the registrant to the State Director of Selective Service for the State in which the local board of origin is located, retain the completed copy, and destroy the copy it retained when the application for transfer was approved. (h) The State Director of Selective Service for the State in which the local board of origin is located shall, upon receipt of the completed original Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230), record on his copy of that form the disposition of the transferred registrant and forward the original of the form together with all other papers received from the local board of transfer to the local board of origin. (e) Paragraph (b) of § 1628.15 of Part 1628 is amended to read as follows: (b) Whenever the Director of Selective Service has directed that a registrant shall be transferred for armed forces physical examination, the registrant's own local board or the clerk thereof shall prepare Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230), in quadruplicate, by inserting in Part 1 the date, the name, selective service number, and present address of the registrant, the name and address of the local board to which the registrant is transferred, and the words "Transferred for armed forces physical examination by the direction of the Director of Selective Service" and by completing Part 3 of the form. The local board shall file one copy of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) in the registrant's Cover Sheet (SSS Form No. 101), mail one copy to its State Director of Selective Service, and mail the original and one copy together with the original and three copies of the Record of Induction (DD Form No. 47), any information in the possession of the local board which should be considered by the armed forces in determining the acceptability of the registrant for military service, and any other records designated by the Director of Selective Service to the local board to which the registrant is transferred for armed forces physical examination. The local board to which the registrant is transferred shall prepare and mail to the registrant an Order to Report for Armed Forces Physical Examination (SSS Form No. 223) and shall take all other actions provided for in paragraphs (f) and (g) of § 1628.14 which are applicable. The State Director of Selective Service for the State in which the registrant's own local board is located shall take the actions provided for in paragraph (h) of § 1628.14. 8. (a) Paragraphs (b), (c), (d), (e), (f), (i), and (j) of § 1632.9 of Part 1632, Delivery and Induction, are amended to read as follows: (b) Any such registrant desiring to be so transferred shall immediately report to the local board having jurisdiction of the area in which he is at that time located, present his Order to Report for Induction (SSS Form No. 252), and apply for transfer by completing, in sextuplicate, Part 1 of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230). (c) (1) Except as otherwise provided in paragraph (d) of this section, the local board with which the registrant files such application shall investigate the circumstances of the registrant's absence from his own local board area. If it finds that he does not have a good reason for his absence, it shall enter its disapproval in Part 2 of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230), mail the original to the registrant's own local board, mail a copy to the registrant, file one copy, and destroy the remaining copies. The registrant shall then be required to report in accordance with the Order to Report for Induction (SSS Form No. 252) of his own local board. (2) If the local board with which the registrant files such application finds that he has a good reason for his absence from his own local board area and that he is so far from his own local board area that it would be a hardship for him to return to his own local board area for induction, it shall enter its approval in Part 2 of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230), mall the original and three copies by air mail (unless ordinary mail is as expeditious) to the registrant's own local board, mail a copy to the registrant, and file the remaining copy. (d) The local board with which the registrant files such application shall enter its approval in Part 2 of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) whenever the registrant is located in one and the registrant's own local board is located in another of the following: The continental United States, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone. The local board shall mail the original and three copies of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) by air mail to the registrant's own local board, mail a copy to the registrant, and file the remaining copy. (e) When necessary for the accomplishment of the early induction of the registrant, the local board with which the registrant files his application may telegraph the registrant's own local board notifying it of the approval of the registrant's application for transfer and requesting that the necessary records of the registrant be immediately forwarded to the local board of transfer In such instances, the local board of transfer shall confirm the telegram by immediately mailing the original and three copies of Transfer for Armed Forces Physical Examination Jr Induction (SSS Form No. 230), in Part 2 of which its approval has been entered, to the registrant's own local board. (f) When the registrant's own local board receives the approved Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) it shall immediately take the following actions: (1) Complete Part 3 on the original and three copies of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230). (2) Mail one copy to its State Director of Selective Service and file one copy in the registrant's Cover Sheet (SSS Form No. 101). (3) Mail the original and one copy to the local board to which the registrant is transferred for induction together with the original and three copies of the Record of Induction (DD Form No. 47), all other records referred to in subparagraph (2) of paragraph (a) of § 1632.5, and any other records designated by the Director of Selective Service. (4) Enter a notation that the registrant has been transferred in the "Remarks" column of the Classification Record (SSS Form No. 102). When the registrant's own local board receives a telegraphic approval of an application for transfer as provided in paragraph (e) of this section, all actions required by this paragraph shall be taken immediately except such as relate to the completion, filing, and mailing of the original and copies of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230), which actions shall be taken immediately after that form is received from the local board of transfer. • • • • • (i) When the transferred registrant has been inducted or rejected or if he fails to report for or submit to induction, the local board to which the registrant was transferred for induction shall complete Part 4 on the original and one copy of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230), forward the original together with all the papers pertaining to the induction of the registrant to the State Director of Selective Service for the State in which the local board of origin is located, retain the completed copy, and destroy the copy it retained when the application for transfer was approved. (j) The State Director of Selective Service for the State in which the local board of origin is located shall, upon receipt of the completed original Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230), record on his copy of that form the disposition of the transferred registrant and forward the original of the form together with all other papers received from the local board of transfer to the local board of origin. (b) Paragraph (b) of § 1632.10 of Part 1632 is amended to read as follows: (b) Whenever the Director of Selective Service has directed that a registrant shall be transferred for induction, the registrant's own local board or the clerk thereof shall take the following actions: (1) Prepare in quadruplicate Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) by inserting in Part 1 the date, the name, selective service number, and present address of the registrant, the name and address of the local board to which the registrant is transferred, and the words "Transferred for induction by direction of the Director of Selective Service" and by completing Part 3 of the form. (2) Mail one copy of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230) to its State Director of Selective Service and file one copy in the registrant's Cover Sheet (SSS Form No. 101). (3) Mail to the local board to which the registrant is transferred for induction the original and one copy of Transfer for Armed Forces Physical Examination or Induction (SSS Form No. 230), the original and three copies of the Record of Induction (DD Form No. 47), all other records referred to in subparagraph (2) of paragraph (a) of § 1632.5, and any other records designated by the Director of Selective Service. (4) Enter a notation that the registrant has been transferred in the "Remarks" column of the Classification Record (SSS Form No. 102). 9. (a) Paragraph (b) of § 1650.30 of Part 1650, Registration, Classification, Physical Examination, Selection, and Induction of Persons in Medical, Dental, and Allied Specialist Categories, is amended to read as follows: (b) Whenever a special registrant who is in Class I-A, Class I-A-0, or Class 1-0 claims that he has one or more of the disqualifying obvious defects or manifest conditions listed in Part 1629 of this chapter, or whenever the local board is of the opinion that such a special registrant has one or more of such defects or conditions, the local board shall prepare an original and three copies of the Record of Induction (DD Form No. 47) and send the original together with all documents in the registrant's file relating to his physical or mental condition to the medical advisor to the local board. The medical advisor after reviewing the written evidence which he receives shall state in the Record of Induction (DD Form No. 47) whether or not he believes that the registrant actually has any disqualifying defect or condition. If the medical advisor states that he believes that the registrant has any such defect or condition, the local board shall send the original of the Record of Induction (DD Form No. 47) together with all written evidence relating to the registrant's condition to the State Director of Selective Service who shall obtain a determination from the commanding general of the appropriate army as to whether the registrant shall be forwarded for armed forces physical examination. If the medical advisor states that he does not believe that the registrant has any such defect or condition, the registrant shall be forwarded for armed forces physical examination. (b) Paragraph (a) of $1650.40 of Part 1650 is amended to read as follows: (a) Each State Director of Selective Service shall prepare, in triplicate, as of the end of each month and at any other time requested by the Director of Selective Service, a report of the classification of all special registrants in his State on Summary of Classification—Special Registration No. 1 (SSS Form No. 117). The original and one copy shall be mailed to the Director of Selective Service so as to reach him not later than the fifteenth day of each month or by any other date he may specify. 10. (a) Paragraph (d) of § 1680.3 of Part 1680, Selection of Certain Persons Who Have Critical Skills for Enlistment in Units of the Ready Reserve of the Armed Forces, is amended to read as follows: (d) After receipt of the recommendation of such Committee and any recommendations of such other groups or agencies, the local board shall consider the registrant's request and either approve or disapprove it. The local board shall notify the registrant and his employer by letter of its determination approving or disapproving the registrant's request and in these letters shall include information regarding the rights of the registrant and his employer to appeal to the appeal board from the local board's determination. (b) Section 1880.4 of Part 1680 is amended to read as follows: § 1680.4 Appeal from determination of registrant's request. (a) The registrant or the employer who has certified that the registrant has and is utilizing a critical skill (1) may appeal to the appeal board from a determination by the local board of the registrant's request for selection under this part and (2) may appeal to the President from a determination by the appeal board of such request if one or more members of the appeal board dissented from the determination of the appeal board. Appeals to the appeal board or to the President authorized by this paragraph may be taken during the applicable periods specified in paragraph (c) of § 1626.2 of this chapter for the taking of an appeal to the appeal board or during the period specified in § 1627.3 of this chapter for the taking of an appeal to the President except that the time for appeal shall begin to run from the date of the mailing to the registrant by the local board of a letter notifying him of the determination of his request for selection by the local board or the appeal board. The local board may permit any person entitled to appeal under this paragraph to do so, even though the period provided for such an appeal has elapsed, if it is satisfied that the failure of such person to appeal within the period provided was due to his lack of understanding of the right to appeal or to some other cause beyond his control. (b) The Director of Selective Service, or any State Director of Selective Service who is authorized under the provisions of Part 1626 or Part 1627 of this chapter to take an appeal to the appeal board or to the President from the classification of a registrant, may at any time appeal (1) to the appeal board from a determination by the local board of the registrant's request for selection under this part and (2) to the President from a determination by the appeal board of such request. (c) The appeals authorized by this section shall be taken and processed in the same manner and in accordance with the same procedures as are prescribed in Parts 1626 and 1627 of this chapter. (d) The local board shall notify the registrant and his employer by letter of any determination of the registrant's request by the appeal board or the President. In each letter concerning the determination of the registrant's request by the appeal board the local board shall include information regarding the rights of the registrant and his employer to appeal to the President from the determination of the appeal board. (c) Paragraph (a) of § 1680.6 of Part 1680 is amended to read as follows: (a) Whenever the registrant's request for selection has been disapproved by the local board, or by the appeal board, or by the President, and the period during which any appeal may be taken by the registrant has expired and no appeal is pending in his case, the local board shall reopen his classification and classify him anew. DWIGHT D. EISENHOWER THE WHITE HOUSE, June 13, 1957.