Executive Order 10008—Amending 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 (62 Stat. 604), I hereby prescribe the following amendments of the Selective Service Regulations prescribed in part by Executive Order No. 9979 of July 20, 1948, in part by Executive Order No. 9992 of August 28, 1948, and in part by Executive Order NO. 10001 of September 17, 1948, and constituting portions of Chapter VI of Title 32 of the Code of Federal Regulations:

1. Part 611, Duty and Responsibility to Register, is amended as follows:

a. Paragraph (b) of § 611.4 is amended to read as follows:

(b) Every male person, other than a person referred to in paragraph (a) of this section and a person excepted from registration by section 6(a) of title I of the Selective Service Act of 1948, who enters the United States subsequent to the day or days fixed by Presidential proclamation for the registration of persons of his age, shall present himself for and submit to registration before a local board within the period of six months following the date on which he enters the United States.

b. Section 611.11 is amended to read as follows:

§ 611.11 Aliens who are not required to register. (a) A male alien who is now in or who hereafter enters the United States and who has not declared his intention to become a citizen of the United States shall not be required to be registered under section 3 of title I of the Selective Service Act of 1948 and shall be relieved from liability for training and service under section 4(b) of said Act provided:

(1) He is a foreign diplomatic representative, a technical attaché of a foreign embassy or legation, a consul general, a consul, a vice consul, or a consular agent of a foreign country, or a member of the family of any person mentioned in this subparagraph;

(2) He is a full time official or employee of a foreign government who has been notified to the Department of State, or a member of the family of such official or employee;

(3) He is a full time official or employee of a public international organization which has been designated by the President under the provisions of the International Organizations Immunities Act, approved December 29, 1945 (59 Stat. 669), or a member of the family of any such person;

(4) He is a person who has entered the United States and remains therein pursuant to the provisions of section 11 of the Agreement between the United nationals and the United States of America Regarding the Headquarters of the United Nations as approved in Public Law 357, 80th Congress, approved August 4, 1947;

(5) He is a member of a group of persons who have been temporarily admitted to the United States under an arrangement with the government of the country of which they are nationals, or an appropriate agency thereof, for seasonal or temporary employment, and continues to be employed in the work for which he was admitted; or

(6) He is a person who has entered the United States temporarily as a nonquota immigrant under the provisions of subdivision (e) of section 4 of the Immigration Act approved May 26, 1924, as amended (43 Stat. 155; 8 U.S.C. 204(e)), solely for the purpose of study at an accredited school, college, academy, seminary, or university, particularly designated by him and approved by the Attorney General, and continues to pursue such purpose to the satisfaction of the Attorney General.

(b) Each alien who is in one of the categories described in subparagraphs (1), (2), (3), (4), or (5) of paragraph (a) of this section must have in his personal possession, at all times, an official document issued pursuant to the authorization of or described by the Director of Selective Service which identifies him as a person not required to present himself for and submit to registration.

(c) Each alien who is in the category described n subparagraph (6) of paragraph (a) of this section must have in his possession and available for examination his passport containing a visa issued by a diplomatic or consular officer of the United States pursuant to the provisions of subdivision (e) of section 4 of the Immigration Act approved May 26, 1924, as amended (43 Stat. 155; 8 U.S.C. 204(e)).

2. Paragraph (a) of § 622.18 of Part 622, Classification Rules and Principles, is amended to read as follows:

(a) In Class IV-C shall be placed any registrant who is an alien and who has not declared his intention to become a citizen of the United States and who (1) has been admitted to the United States for a specific temporary purpose which would normally be concluded within one year from the date of his admission, (2) has not been engaged during his stay in the United States in any business, occupation, or employment other than that for which he was admitted, and (3) continues to pursue the purpose for which he was admitted; provided, that when any such registrant remains in the United States for more than one year after the date of his admission, the local board may retain the registrant in Class IV-C for such length of time as it considers reasonable to allow him to complete the purpose for which he was admitted and to depart from the United States.

3. Part 628, Physical Examination, is amended as follows:

a. Paragraphs (a) and (b) of § 628.2 are amended to read as follows:

(a) When the local board is of the opinion that a registrant who is in a class available for service has one or more of the obvious defects or manifest conditions listed in Part 629 of this chapter it shall order the registrant to present himself for medical interview at a specified time and place by mailing to such registrant a Notice to Registrant to Appear for Medical Interview (SSS Form No. 219).

(b) When a registrant who is in a class available for service claims that he has one or more of the obvious defects or manifest conditions listed in Part 629 of this chapter the local board shall order him to present himself for interview with the medical advisor to the local board at the time and place specified by the local board by mailing to such registrant a Notice to Registrant to Appear for Medical Interview (SSS Form No. 219).

b. Paragraphs (b) and (d) of § 628.4 are amended to read as follows:

(b) When a registrant is ordered to appear for medical interview the local board shall:

(1) Prepare an original and three copies of the Record of Induction (NME Form No. 47), completing Section I and item 19 of Section II thereof, and send the original to the medical advisor to the local board for completion of item 20 of Section II after the medical interview; and

(2) Enter under "Minutes of Actions by Local Board and Appeal Board" on the Classification Questionnaire (SSS Form No. 100) the date the Notice to Registrant to Appear for Medical Interview (SSS Form No. 2319) was mailed to the registrant and the date upon which he is ordered to appear.

(d) If the local board determines that the registrant has a physical or mental condition listed in Part 629 of this chapter which disqualifies him for service in the armed forces, the following action shall be taken:

(1) The local board shall file the original and one copy of the Record of Induction (NME Form No. 47) in the registrant's Cover Sheet (SSS Form No. 101) and forward two copies of the Record of Induction (NME Form No. 47) to the State Director of Selective Service who shall forward one copy to the Surgeon General, Department of the Army, Washington, D.C., and retain one copy.

(2) The local board shall review the classification of the registrant and if it finds under the provisions of Part 622 of this chapter that he should be placed in some other class, reopen his classification and classify him anew and mail him a Notice of Classification (SSS Form No. 110).

(3) The local board shall cancel any Order to Report for Armed Forces Physical Examination (SSS Form No. 223) which it has mailed to the registrant and advise him in writing of such cancellation.

(4) The local board shall note in column 4 of the Physical Examination List (SSS Form No. 225), if the registrant's name appears thereon, the fact that he has been found disqualified for service in the armed forces and also the classification in which he has been retained or placed.

c. Section 628.5 is amended to read as follows:

§ 628.5 Transfer for medical interview. (a) Any registrant who has received a Notice to Registrant to Appear for Medical Interview (SSS Form No. 219) and who is so far from his own local board that presenting himself to the medical advisor to his local board would be a hardship may file a written requires with the local board having jurisdiction of the area in which he is at that time located for his transfer for medical interview to that local board. The local board with which the request for transfer for medical interview is filed shall forward the request to the registrant's own local board.

(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 (NME Form No. 47), after completing Section I and item 19 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) The local board of transfer shall arrange for the medical interview of the registrant and on completion shall return the original and three copies of the Record of Induction (NME Form No. 47) to the registrant's own local board which shall take the further action required by paragraphs (c), (d), and (e) of § 628.4.

d. Paragraph (a) of § 628.13 is amended to read as follows:

(a) As soon as the local board has mailed orders to report for armed forces physical examination to all registrants who are to appear for such examination at a particular time and place it shall:

(1) Prepare in quintuplicate a Physical Examination List (SSS Form No. 225), completing thereon the entries in column (1), (2), and (3) for each such registrant.

(2) Prepare an original and three copies of the Record of Induction (NME Form No. 47) by completing Section I and item 19 of Section II thereof for each such registrant for whom such form has not previously been completed.

(3) Assemble and attach to the registrant's Record of Induction (NME 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.

e. Paragraph (e) of § 628.14 is amended to read as follows:

(e) Immediately upon receiving the approved Transfer for Armed Forces Physical Examination (SSS Form No. 222), the registrant's own local board shall complete on the original thereof the order transferring the registrant for armed forces physical examination. It shall then mail the original of the Transfer for Armed Forces Physical Examination (SSS Form No. 222) to the local board to which the registrant is being transferred and shall file the 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 Report of Induction (NME 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.

f. Paragraph (c) of § 628.15 is amended to read as follows:

(c) To accomplish the transfer for armed forces physical examination, under paragraphs (a) or (b) of this section, the registrant's own local board shall complete the Transfer for Armed Forces Physical Examination (SSS Form No. 222) in duplicate by inserting the date, name, and present address of the registrant and the words "By direction of the Director of Selective Service" on the front of such form and by completing the second endorsement o the back of such form. The copy of the Transfer for Armed Forces Physical Examination (SSS Form No. 222) shall be filed in the registrant's Cover Sheet (SSS Form No. 101). The local board shall then forward the original of the Transfer for Armed Forces Physical Examination (SSS Form No. 222), the original and three copies of the Report of Induction (NME 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 State Director of Selective Service of the State in which the registrant is located. The State Director of Selective Service of the State in which the registrant is located shall check such documents and insert thereon the name and address of the local board in his State to which he registrant is transferred for armed forces physical examination and forward the documents to such local board. The local board to which the registrant is transferred shall cause the registrant to be given an armed forces physical examination and shall take the actions provided for in paragraphs (f) and (g) of § 628.14.

g. Paragraphs (d) and (e) of § 628.17 are amended to read as follows:

(d) The leader shall be given the following in a sealed packet:

(1) The original and two copies of the Physical Examination List (SSS Form No. 225).

(2) For each registrant being forwarded, the original and three copies of the Record of Induction (NME Form No. 47), and 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.

(e) When it is necessary, travel tickets or transportation requests, and meal and lodging requests for the group, both for the trip to the joint examining and induction station and for the return trip, shall be issued. The leader shall be instructed to deliver the sealed packet containing the original and two copies of the Physical Examination List (SSS Form No. 225), the originals and three copies of the Record of Induction (NME Form No. 47), and other information to the commanding officer of the joint examining and induction station or his representative. He shall be instructed to return any unused portions of the transportation requests or any unused meal and lodging requests to the local board.

h. Section 628.25 is amended to read as follows:

§ 628.25 Disposition of records. (a) The commanding officer of the joint examining and induction station will forward to the local board the following documents concerning registrants forwarded for armed forces physical examination:

(!) For all registrants whether found acceptable or not acceptable for service in the armed forces, the original Physical Examination List (SSS Form No. 225) indicating in column 4 the disposition of each registrant forwarded for armed forces physical examination, and the original and one copy of Certificate of Acceptability (NME Form No. 62).

(2) For each registrant found acceptable for service in the armed forces, the original and three copies of the Record of Induction (NME Form No. 47), the original and three copies of the Report of Medical Examination (Standard Form 88) together with any X-ray films, and the Report of Medical History (Standard Form 89).

(3) For each registrant found not acceptable for service in the armed forces, the original and two copies of the Record of Induction (NME Form No. 47), and the original and two copies of the Report of Medical Examination (Standard Form 88) together with any X-ray films.

(4) All other records forwarded by the local board.

(b) The commanding officer of the joint examining and induction station will retain one copy of the Physical Examination List (SSS Form No. 225) and send one copy of the Physical Examination List (SSS Form No. 225) to the State Director of Selective Service.

(c) For registrants found not acceptable for service in the armed forces, the commanding officer of the joint examining and induction station will retain one copy of the Record of Induction (NME Form No. 47), one copy of the Report of Medical Examination (Standard Form 88), and the Report of Medical History (Standard Form 89) for each such registrant.

(d) Upon receipt of the documents described in paragraph (a) of this section, the local board shall take the following action:

(1) File the original Physical Examination List (SSS Form No. 225).

(2) When a Certificate of Acceptability (NME Form No. 62) indicates that a registrant has been found acceptable for military service or that a registrant has been found not acceptable for military service, the local board shall immediately mail the original of such certificate together with any attachments thereto to the registrant, record the date of mailing of such Certificate of Acceptability (NME Form No. 62) under "Minutes of Action by Local Board and Appeal Board" on the registrant's Classification Questionnaire (SSS Form No. 100), and file the copy of the Certificate of Acceptability (NME Form No. 62) in the registrant's Cover Sheet (SSS Form No. 101).

(3) For each registrant found acceptable for military service, file the original and three copies of the Record of Induction (NME Form No. 47), the original and three copies of the Report of Medical Examination (Standard Form 88) together with any X-ray films, and the report of Medical History (Standard Form 89) in the registrant's Cover Sheet (SSS Form No. 101). These forms and X-ray films shall be retained in the registrant's Cover Sheet (SSS Form No. 101) until such time as he may be forwarded for induction.

(4) For each registrant rejected, file the original and one copy of the Record of Induction (NME Form No. 47) and the original and one copy of the Report of Medical Examination (Standard Form 88) together with any X-ray films in the registrant's Cover Sheet (SSS Form No. 101) and forward to the State Director of Selective Service one copy of the Report of Induction (NME Form No. 47) and one copy of the Report of Medical Examination (Standard Form 88).

4. Part 632, Delivery and Induction, is amended as follows:

a. Paragraph (a) of § 632.5 is amended to read as follows:

(a) As soon as the local board has mailed an Order to Report for Induction (SSS Form No. 252) to all registrants who are directed to report for induction at a particular time and place, it shall:

(1) Prepare in quintuplicate a Delivery List (SSS Form No. 261) completing thereon the entries in columns (1), (2), and (3) for each such registrant.

(2) Assemble the original and three copies of each registrant's Record of Induction (NME Form No. 47), the original and three copies of the Report of Medical Examination (Standard Form 88), 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, and all other information bearing on the acceptability of the registrant for service in the armed forces.

b. Paragraphs (c), (d), and (e) of § 632.9 are amended to read as follows:

(c) The local board with which such registrant files such request 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 endorse its disapproval upon the Request for Transfer for Delivery (SSS Form No. 260), mail the original thereof to the registrant's own local board, mail a copy to the registrant, and file one of the remaining copies. Such 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.

(d) If the local board with which the registrant files such request 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 endorse its approval upon Request for Transfer for Delivery (SSS Form No. 260), mail the original and two 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. When necessary for the accomplishment of the early induction of the registrant, the local board with which the registrant files his request may telegraph the registrant's own local board notifying it of the approval of the registrant's application for such 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 two copies of the Request for Transfer for Delivery (SSS Form No. 260), with the endorsement of approval thereon, to the registrant's own local board.

(e) When the registrant's own local board receives the approved Request for Transfer for Delivery (SSS Form No. 260), or receives a telegraphic approval of a request for transfer as provided in paragraph (d) of this section, it shall take the following action:

(1) Complete on the original of the Request for Transfer for Delivery (SSS Form No. 260), immediately it is received, the order transferring the registrant for induction.

(2) Prepare in triplicate the Transfer for Delivery (SSS Form No. 263) and the Report of Delivery of Transferred Registrant (SSS Form No. 263-A).

(3) Mail one copy of the Request for Transfer for Delivery (SSS Form No. 260), one copy of the Transfer for Delivery (SSS Form No. 263), and one copy of the Report of Delivery of Transferred Registrant (SSS Form No. 263-A) to its State Director of Selective Service for his further action as provided in paragraph (i) of this section, and file one copy of the Request for Transfer for Delivery (SSS Form NO. 260), one copy of the Transfer for Delivery (SSS Form No. 263), and one copy of the Report of Delivery of Transferred Registrant (SSS Form No. 263 A) in the registrant's Cover Sheet (SSS Form No. 101).

(4) Mail to the local board to which the registrant is being transferred for induction the original of the Request for Transfer for Delivery (SSS Form No. 260), the original of the Transfer for Delivery (SSS Form No. 263), the original of the Report of Delivery of Transferred Registrant (SSS Form No. 263-A), the original and three copies of the Record of Induction (NME Form No. 47), all the records referred to in subparagraph (2) of paragraph (a) of § 632.5, and any other records designated by the Director of Selective Service.

(5) When the registrant's own local board receives a telegraphic approval of a request for transfer 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 the Request for Transfer for Delivery (SSS Form No. 260), which actions shall be taken immediately that form is received from the local board of transfer.

c. Paragraph (c) of § 632.10 is amended to read as follows:

(c) To accomplish the transfer for induction under paragraph (a) or (b) of this section, the registrant's own local board shall:

(1) Prepare in triplicate the Transfer for Delivery (SSS Form No. 263) and the Report of Delivery of Transferred Registrant (SSS Form No. 263-A).

(2) Complete in duplicate the Request for Transfer for Delivery (SSS Form No. 260) by inserting the name and present address of the registrant and the words "By direction of the Director of Selective Service" and by completing the second endorsement on such form.

(3) Mail one copy of the Request for Transfer for Delivery (SSS Form No. 260), one copy of the Transfer for Delivery (SSS Form No. 263), and one copy of the Report of Delivery of Transferred Registrant (SSS Form No. 263-A) to its State Director of Selective Service and file one copy of the Request for Transfer for Delivery (SSS Form No. 260), one copy of the Transfer for Delivery (SSS Form No. 263), and one copy of the Report of Delivery of Transferred Registrant (SSS Form No. 263-A) in the registrant's Cover Sheet (SSS Form NO. 101).

(4) Mail the original of the Request for Transfer for Delivery (SSS Form No. 260), the original of the Transfer for Delivery (SSS Form No. 263), the original of the Report of Delivery of Transferred Registrant (SSS Form No. 263-A), and the original and three copies of the Record of Induction (NME Form No. 47), the original and three copies of the Report of Medical Examination (Standard Form 88) together with X-ray film, the Report of Medical History (Standard Form 89), all other documents referred to in paragraph (e) of § 632.9, and any other records designated by the Director of Selective Service to the State Director of Selective Service of the State in which the registrant is located.

(5) Place a notation of the transfer of the registrant in the "Remarks" column of the Classification Record (SSS Form No. 102).

d. Paragraphs (c) and (d) of § 632.15 are amended to read as follows:

(c) The leader shall be given the following in a sealed packet:

(1) The original and two copies of the Delivery List (SSS Form No. 261).

(2) For each registrant being forwarded, the original and three copies of the Record of Induction (NME Form No. 47), all other records referred to in subparagraph (2) of paragraph (a) of § 632.5, and any other records designated by the Director of Selective Service.

(d) When it is necessary, travel tickets or transportation requests, and meal and lodging requests for the group, covering their trip to the place of induction, shall be issued. The leader shall be instructed to deliver the sealed packet containing the original and two copies of the Delivery List (SSS Form No. 261), the originals and three copies of the Record of Induction (NME Form No. 47), and all other information concerning the registrants in the group to the commanding officer of the induction station or to his representative.

e. Section 632.20 is amended to read as follows:

§ 632.20 Records returned to local board. (a) The commanding officer of the induction station will return to the local board the following documents concerning registrants forwarded for induction:

(1) The original Delivery List (SSS Form No. 261), indicating under column 4 the disposition of each registrant forwarded for induction.

(2) For each registrant inducted, a copy of Record of Induction (NME Form No. 47), a coy of Report of Medical Examination (Standard Form 88), and any previous records of induction and reports of medical examination submitted.

(3) For each registrant rejected, the original and two copies of the Record of Induction (NME Form No. 47) and the original and two copies of the Report of Medical Examination (Standard Form 88) together with any X-ray film.

(b) Upon receipt of the documents described in paragraph (a) of this section, the local board shall take the following action:

(1) File the original Delivery List (SSS Form No. 261).

(2) For each registrant inducted, file the copy of the Record of Induction (NME Form No. 47) and the copy of the Report of Medical Examination (Standard Form 88) in the Cover Sheet (SSS Form No. 101).

(3) For each registrant rejected, file the original and one copy of the Record of Induction (NME Form No. 47) and the original and one copy of the Report of Medical Examination (Standard Form 88) together with any X-ray film in the Cover Sheet (SSS Form No. 101) and forward to the State Director of Selective Service one copy of the Record of Induction (NME Form No. 47) and one coy of the Report of Medical Examination (Standard Form 88).

f. Section 632.21 is amended to read as follows:

§ 632.21 Disposition of other records by the armed forces. The commanding officer of the induction station will dispose of the documents described below concerning registrants forwarded for induction as follows:

(a) For each registrant inducted, retain the original and two copies of the Record of Induction (NME Form No. 47), the original and two copies of the Report of Medical Examination (Standard Form 88) together with any X-ray film, and the Report of Medical History (Standard Form 89).

(b) For each registrant rejected, retain one copy of the Record of Induction (NME Form No. 47), one coy of the Report of Medical Examination (Standard Form 88), and the Report of Medical History (Standard Form 89).

(c) Retain one copy of the Delivery List (SSS Form No. 261).

(d) Forward one coy of the Delivery List (SSS Form No. 261) to the State Director of Selective Service.

HARRY S. TRUMAN

THE WHITE HOUSE,

October 18, 1948