Executive Order 10594—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. 10001 of September 17, 1948, No. 10292 of September 25, 1951, and No. 10344 of April 17, 1952, and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations:

1. (a) Section 1604.41 of Part 1604, Selective Service Officers, is amended to read as follows:

§ 1604.41 Appointment and duties. Advisors to registrants may be appointed by the Director of Selective Service upon recommendation of the State Director of Selective Service to advise and assist registrants in the preparation of questionnaires and other selective service forms and to advise registrants on other matters relating to their liabilities under the selective service law. Every person so appointed should be at least 30 years of age. The names and addresses of advisors to registrants within the local board area shall be conspicuously posted in the local board office.

(b) Subparagraph (1) of paragraph (d) of § 1604.71 of Part 1604 is amended to read as follows:

(1) To appeal, as prescribed by the regulations in this chapter, from any classification of a registrant by the local board which is brought to his attention and, in his opinion, should be reviewed by the appeal board.

2. (a) Section 1617.1 of Part 1617, Registration Certificates, is amended to read as follows:

§ 1617.1 Effect of failure to have registration certificate in personal possession. Every person required to present himself for and submit to registration must have a Registration Certificate (SSS Form No. 2) in his personal possession at all times. The failure of any person to have a Registration Certificate (SSS Form No. 2) in his personal possession shall be prima-facie evidence of his failure to register. When such person is inducted into the armed forces or enters upon active duty in the armed forces, other than active duty for training only or active duty for the sole purpose of undergoing a physical examination, he shall surrender his Registration Certificate (SSS Form No. 2) to the commanding officer of the joint examining and induction station or to the responsible officer at the place to which he reports for active duty, who shall destroy such certificate.

(b) The following new section is added to Part 1617 immediately preceding § 1617.11:

§ 1617.10 Duty of registrant separated from active duty in armed forces. Every registrant who is separated from active duty in the armed forces and who does not have a Registration Certificate (SSS Form No. 2) shall, within 10 days after the date of his separation, make application for the issuance by his local board of a duplicate Registration Certificate (SSS Form No. 2) by completing and filing with his own or any other local board an Application for Issuance of Duplicate Registration Certificate (SSS Form No. 5).

3. Paragraph (c) of § 1622.13 of Part 1622, Classification Rules and Principles, is amended to read as follows:

(c) In Class I-D shall be placed any registrant who on February 1, 1951, was a member of an organized unit of the federally recognized National Guard, the federally recognized Air National Guard, the Army Reserve, the Air Force Reserve, the Naval Reserve, the Marine Corps Reserve, the Coast Guard Reserve, or the Public Health Service Reserve, and thereafter has continued to be such member and satisfactorily participate in scheduled drills and training periods as prescribed by the Secretary of Defense.

4. (a) Paragraph (a) of § 1623.4 of Part 1623, Classification Procedure, is amended to read as follows:

(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 I-S, Class II-A, Class or Class II-S the date of the termination of the deferment shall be entered on the Notice of Classification (SSS Form No. 110).

(b) Section 1623.5 of Part 1623 is amended to read as follows:

§ 1623.5 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. When any such person is inducted into the armed forces or enters upon active duty in the armed forces, other than active duty for training only or active duty for the sole purpose of undergoing a physical examination, he shall surrender his Notice of Classification (SSS Form No. 110) to the commanding officer of the joint examining and induction station or to the responsible officer at the place to which he reports for active duty, who shall destroy such notice.

(c) Section 1623.11 of Part 1623 is amended to read as follows:

§ 1623.11 Registrant separated from active duty in armed forces. (a) Immediately upon receipt by the local board of information that a registrant has been separated from active duty in the armed forces, 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 following the classification the identification "Disc." or "Res." as the case may be.

5. Section 1625.2 of Part 1625. Reopening and Considering Anew Registrant's Classification, is amended to read as follows:

§ 1625.2 When registrant's classification may be reopened and considered anew. The local board may reopen and consider anew the classification of a registrant (a) 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 (b) 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) or an Order to Report for Civilian Work and Statement of Employer (SSS Form No. 153) 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.

6. (a) Section 1629.1 of Part 1629, Disqualifying Obvious Defects and Manifest Conditions, is amended by deleting from the list of obvious defects and manifest conditions appearing therein the following:

Asthma, severe, obvious to medical advisor.

Carcinoma, or other malignant tumor or disease of any organ or part of the body.

Epilepsy, positive certification of.

Feet, flat, when accompanied by marked symptoms and deformity.

Flat feet, when accompanied by marked symptoms and deformity.

Malignant disease or neoplasm of any organ or part of body.

Osteomyelitis, active, of any bone or a substantiated history of osteomyelitis of any of the long bones of the extremities at any time.

Pulmonary tuberculosis, active within five years.

Tuberculosis, pulmonary, active within five years.

(b) Section 1629.1 of Part 1629 is further amended by inserting in the list of obvious defects and manifest conditions, so as to appear therein in alphabetical order, the following:

Asthma, severe, uncontrollable by medication.

Carcinoma, unless successfully treated five or more years previously.

Cerebral palsy, with marked residuals, speech defect, atrophy, contractures, or eye disturbances.

Epilepsy, grand mal or petit mal, if not controllable by medication.

Feet, fiat, markedly symptomatic.

Harelip, unless successfully repaired by surgery.

Height, less than 60 inches or more than 78 inches.

Malignant disease or neoplasm, unless successfully treated five or more years previously.

Osteomyelitis, active, or a substantiated history of osteomyelitis of any of the long bones of the extremities at any time unless successfully treated two or more years previously.

Overweight, when markedly disproportionate and would interfere with the wearing of the uniform.

Palsy, cerebral, with marked residuals, speech defect, atrophy, contractures, or eye disturbances.

Pulmonary tuberculosis, active within two years.

Tuberculosis, pulmonary, active within two years.

Weight, less than 105 pounds, except for Puerto Ricans, Filipinos, and other individuals of oriental descent, 101 pounds is acceptable.

7. Subparagraphs (2), (3), and (4) of paragraph (b) of § 1655.6 of Part 1655, Registration of United States Citizens Outside of the United States and Classification of Such Registrants, are amended to read as follows:

(2) Assign a selective service number to the registrant and complete the required entries in the local board records in the manner provided in the case of a late registration.

(3) Prepare a Registration Certificate (SSS Form No. 2) from the information contained on the Registration Questionnaire—Foreign (SSS Form No. 50). The date on which the registrant was registered as certified on the Registration Questionnaire—Foreign (SSS Form No. 50) shall be inserted as the date of registration on the Registration Certificate (SSS Form No. 2). The registrant's selective service number shall be entered on the Registration Certificate (SSS Form No. 2), which form, when completed, shall be signed by a member or the clerk of the local board.

(4) Mail the completed Registration Certificate (SSS Form No. 2) to the registrant at his present mailing address as given on line 3 of the Registration Questionnaire—Foreign (SSS Form No. 50); provided, that if such mailing address is outside of the several States of the United States, the District of Columbia the Territories of Alaska and Hawaii, Puerto Rico, the Virgin Islands, Guam, the Canal Zone, Canada, Cuba, and Mexico, such form shall be mailed to the Director of Selective Service for transmittal to the registrant.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

January 31, 1955.