Executive Order 11350—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, 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. 10008 of October 18, 1948, No. 10116 of March 9, 1950, No. 10202 of January 12, 1951, No. 10292 of September 25, 1951, No. 10363 of June 17, 1952, No. 10659 of February 15, 1956, No. 10714 of June 13, 1957, No. 10984 of January 5, 1962, and No. 11188 of November 17, 1964, which constitute portions of Chapter XVI of Title 32 of the Code of Federal Regulations:

1. Paragraph (a) of section 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 a classification which is 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 30 days after the local board has mailed a Notice of Classification (SSS Form 110) to him. Such 30-day period may not be extended."

2. Part 1626, Appeal to Appeal Board, is amended as follows:

(a) Paragraph (b) of section 1626.2 is amended to read as follows:

"(b) The government appeal agent may take any appeal authorized under paragraph (a) of this section at any time before the registrant is mailed an Order to Report for Induction (SSS Form 252) or an Order to Report for Civilian Work and Statement of Employer (SSS Form 153)."

(b) Subparagraph (1) of paragraph (c) of section 1626.2 is amended to read as follows:

"(1) Within 30 days after the date the local board mails to the registrant a Notice of Classification (SSS Form 110)."

(c) Paragraphs (a), (b), and (c) of section 1626.25 are amended to read as follows:

"(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 claims that he is, by reason of religious training and belief, conscientiously opposed to participation in war in any form and by virtue thereof he is conscientiously opposed to combatant training and service in the armed forces, but is not conscientiously opposed to noncombatant training and service in the armed forces, the appeal board shall determine whether or not such registrant is eligible for classification in a class lower than Class I—A-0 or in Class I—A-0. If the appeal board determines that such registrant is eligible for classification in a class lower than Class I—A-0 or in Class I—A-0, it shall classify the registrant in the lowest class for which he is determined to be eligible.

"(2) If the registrant claims that he is, by reason of religious training and belief, conscientiously opposed to participation in war in any form and by virtue thereof is conscientiously opposed to participation in both combatant and noncombatant training and service in the armed forces, the appeal board shall 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 determines that such registrant is eligible for classification in a class lower than Class I-0 or in Class I-0, it shall place him in the lowest class for which he is determined to be eligible.

"(3) If the appeal board determines that a registrant who has claimed conscientious objection within the meaning of subparagraph (1) or subparagraph (2) hereof is not entitled to classification in either the class he claimed or in a lower class, 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 Action by Local Board and Appeal Board' on the Classification Questionnaire (SSS Form 100) the record 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 either Class I—A-0 or Class I-0, whichever he claims.

"(c) Whenever a registrant's file is forwarded to the United States Attorney in accordance with subparagraph (3) of 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."

(d) Paragraph (d) of section 1626.25 is hereby rescinded, and paragraph (e) is hereby redesignated as paragraph (d).

(e) Paragraph (b) of section 1626.61 is amended to read as follows:

"(b) At any time before the registrant is mailed an Order to Report for Induction (SSS Form 252) or an Order to Report for Civilian Work and Statement of Employer (SSS Form 153) 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."

3. Section 1627.3 of Part 1627, Appeal to the President, is amended to read as follows:

"When a registrant has been classified by the appeal board and one or more members of the appeal board dissented from that classification, 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 appeal to the President within 30 days after the mailing by the local board of the Notice of Classification (SSS Form 110) notifying the registrant of this classification by the appeal board. The local board may permit any person who is entitled to appeal to the President under this section to do so, even though the 30-day period for taking an appeal has elapsed, if it is satisfied that the failure of such person to appeal within such 30-day period was due to lack of understanding of the right to appeal or to some other cause beyond the control of such person."

4. Part 1628, Physical Examination, is amended as follows:

(a) Paragraph (h) of section 1628.14 is amended to read as follows:

"(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 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, except that he shall retain one copy of the Record of Induction (DD Form 47) whenever the registrant has been found not qualified for service in the Armed Forces."

(b) Subparagraphs (2) and (3) of paragraph (a) of section 1628.25 are amended to read as follows:

"(2) For each registrant found qualified for service in the Armed Forces, the original and three copies of the Record of Induction (DD Form 47), the original and one copy of the Report of Medical Examination (Standard Form 88), any X-ray films, and two copies of the Report of Medical History (Standard Form 89).

"(3) For each registrant found not qualified for service in the Armed Forces, the original and one copy of the Record of Induction (DD Form 47), the original Report of Medical Examination (Standard Form 88), and one copy of the Report of Medical History (Standard Form 89)."

(c) Paragraph (c) of section 1628.25 is amended to read as follows:

"(c) For each registrant found not qualified for service in the Armed Forces, the commanding officer of the examining station will retain two copies of the Record of Induction (DD Form 47), one copy of the Report of Medical Examination (Standard Form 88), and one copy of the Report of Medical History (Standard Form 89)."

(d) Subparagraphs (3) and (4) of paragraph (d) of section 1628.25 are amended to read as follows:

"(3) For each registrant found qualified for service in the Armed Forces, file the original and three copies of the Record of Induction (DD Form 47), the original and one copy of the Report of Medical Examination (Standard Form 88), any X-ray films, and two copies of the Report of Medical History (Standard Form 89) in the registrant's Cover Sheet (SSS Form 101). These forms and X-ray films shall be retained in the registrant's Cover Sheet (SSS Form 101) until such time as he may be forwarded for induction.

"(4) For each registrant found not qualified for service in the Armed Forces, file the original of the Record of Induction (DD Form 47), the original of the Report of Medical Examination (Standard Form 88), and the copy of the Report of Medical History (Standard Form 89) in the registrant's Cover Sheet (SSS Form 101), and forward to the State Director of Selective Service the copy of the Record of Induction (DD Form 47)."

5. Part 1632, Delivery and Induction, is amended as follows:

(a) Subparagraph (2) of paragraph (a) of section 1632.5 is amended to read as follows:

"(2) Assemble the original and three copies of each registrant's Record of Induction (DD Form 47), the original and the copy of the Report of Medical Examination (Standard Form 88), two copies of the Report of Medical History (Standard Form 89), any X-ray films made at the time of the armed forces physical examination, any waiver of disqualification, any order terminating civil custody, all other information concerning the qualification of the registrant for service in the Armed Forces, and, if the registrant has volunteered for induction and has not attained the age of 18 years and 6 months, one copy of the Application for Voluntary Induction (SSS Form 254)."

(b) Paragraph (j) of section 1632.9 is amended to read as follows:

"(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 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, except that he shall retain one copy of the Record of Induction (DD Form 47) whenever the registrant has been found not qualified for service in the Armed Forces."

(c) Subparagraph (3) of paragraph (a) of section 1632.20 is amended to read as follows:

"(3) For each registrant found not qualified for service in the Armed Forces, the original and one Copy of the Record of Induction (DD Form 47), the original Report of Medical Examination (Standard Form 88), one copy of the Report of Medical History (Standard Form 89), and any copy of the Application for Voluntary Induction (SSS Form 254) submitted."

(d) Paragraph (b) of section 1632.21 is amended to read as follows:

"(b) For each registrant found not qualified for service in the Armed Forces, retain two copies of the Record of Induction (DD Form 47), one copy of the Report of Medical Examination (Standard Form 88) together with any X-ray film, and one copy of the Report of Medical History (Standard Form 89)."

LYNDON B. JOHNSON

The White House

May 3, 1967