Executive Order 10116—Amending Portions of the Selective Service Regulations and Paragraph 2 of Executive Order No. 9988 of August 20, 1948

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), it is ordered as follows:

1. (a) Paragraph 2 of Executive Order No. 9988 of August 20, 1948, 13 F.R. 4863 (which created and established a National Selective Service Appeal Board) is hereby amended, for the purpose of clarification and in order to further provide for the performance of certain functions of the President under Title I of the Selective Service Act of 1948, to read as follows:

"2. (a) Part 1604 , Selective Service Officers, of the Selective Service Regulations (which Part was prescribed by Executive Order No. 9979 of July 20, 1948, and now constitutes a portion of Chapter XVI of Title 32 of the Code of Federal Regulations), as amended, is hereby further amended as follows:

"(1) By inserting in the table of contents at the head of such Part, immediately after "1604.1. Director of Selective Service", the following:

"1604.6 National Selective Service Appeal Board.

"(2) By inserting immediately following § 1604.1 of such regulations, as amended, the following new section:

"§ 1604.6 National Selective Service Appeal Board. (a) There is hereby created and established within the Selective Service System a civilian agency of appeal which shall be known as the National Selective Service Appeal Board, hereafter in this section referred to as the National Board. The National Board shall consist of three members who shall be appointed by the President from among citizens of the United States who are not members of the armed forces, one of whom shall be designated by the President as the chairman.

"(b) The National Board is authorized and directed to perform all the functions and duties vested in the president by that sentence of section 10(b)(3) of Title I of the Selective Service Act of 1948 which reads as follows: 'The President upon appeal or upon his own motion, shall have power to determine all claims or questions with respect to inclusion for, or exemption or deferment from training and service under this title, and the determination of the President shall be final'.

"(c) The National Board shall be in all respects independent of the Director of Selective Service (except as provided in paragraph (d) of this section).

"(d) The Director of Selective Service and the National Board shall each furnish to the other such information and assistance as will further the attainment of the objective of Title I of the Selective Service Act of 1948 and promote the effective administration of such title. The Director of Selective Service shall provide for the payment of the compensation and expenses of the members of the National Board and shall furnish the National Board suitable office space and other necessary facilities and services at the National Selective Service Headquarters.

"(e) Each member of the National Board shall: (1) devote so much time to the affairs of the National Board as its responsibilities may require, (2) be compensated as provided in paragraph (f) of this section, and (3) while away from his home or regular place of business, receive actual traveling expenses and per diem in lieu of subsistence in accordance with rates established by Standardized Government Travel Regulations as amended.

"(f) The compensation of each member of the National Board shall be governed by the following: (1) the member shall be compensated at an hourly rate for such time as is actually spent by him in work of the National Board, without limitation as to the number of hours compensable in any one day, (2) the member shall be compensated at an hourly rate for travel time away from his home or regular place of business while enroute to or from any meeting of the National Board, or while otherwise traveling on business of the National Board, but the compensable time for any one trip to or from any such meeting or other business shall be limited to eight hours, (3) duties performed on, and travel time occurring on, Saturday and Sunday shall be compensable as if performed or occurring on any other day of the week, (4) the computation of such hourly rates shall be based on the appropriate annual rate under the Classification Act of 1949, and (5) the compensable hours per week, Sunday through the following Saturday, shall not exceed forty hours and the compensation in any pay period shall not exceed one twenty-sixth (½6) of the governing annual rate of compensation."

(b) The National Selective Service Appeal Board provided for under the regulations prescribed in paragraph 1(a) of this Executive order shall be deemed to be a continuation of the board of the same name provided for in paragraph 2 of Executive Order No. 9988 of August 20, 1948. Nothing in this order shall affect the tenure of the present members of the National Selective Service Appeal Board or any action or determination of such board prior to the date of this order.

2. I hereby prescribe the following amendments of the Selective Service Regulations prescribed in part by Executive Order No.9988 of August 20, 1948, in part by Executive Order 10001 of September 17, 1948 (3), and in part by Executive Order No. 10008 of October 18, 1948 (4), and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations:

(a) Paragraph (f) of § 1622.7 of Part 1622, Classification Rules and Principles, is amended to read as follows:

"(f) Every registrant who, on or after June 24, 1948, has entered upon active duty in the armed forces, other than active duty for training only, and (1) who has been separated, therefrom by honorable discharge or discharge under honorable conditions or by an equivalent type of release from service, or (2) who has been so separated and transferred to a reserve component of the armed forces, or (3) who has been transferred to a reserve component of the armed forces. Each such registrant who has been transferred to a reserve component of the armed forces shall be identified with the abbreviation 'Res.' in the manner provided in § 1622.28, and every other such registrant shall be identified with the abbreviation 'Disc.' in the manner provided in § 1622.27, and upon attaining an age beyond the maximum age of liability for military service under the provision of the selective service law, all such registrants shall be reclassified in Class V-A."

(b) Section 1622.21 of part 1622 is amended to read as follows:

"§ 1622.21 Class IV-F: Physically, mentally, or morally unfit. In Class IV-F shall be place any registrant (a) who is found to be physically or mentally unfit for any service in the armed forces; (b) who, under the procedures and standards prescribed by the Secretary of Defense, is found to be morally unacceptable for any service in the armed forces; (c) who has been convicted of a criminal offense which may be punished by death or by imprisonment for a term exceeding one year and who is not eligible for classification into a class available for service; or (d) who has been separated from the armed forces by discharge other than an honorable discharge or a discharge under honorable conditions, or an equivalent type of release from service, and for whom the local board has not received a statement from the armed forces that the registrant is morally acceptable notwithstanding such discharge or separation."

(c) Section 1622.22 of Part 1622 is amended to read as follows:

"§ 1622.22 Class V-A: Registrant over the age of liability for military service. In Class V-A shall be placed every registrant who has attained the twenty-sixth anniversary of the day of his birth except (a) those registrants who are in active military service in the armed forces and are in Class I-C, and (b) those registrants who have consented to induction. Except as is otherwise provided in this section, registrants who prior to attaining the twenty-sixth anniversary of the day of their birth have been classified in some other class shall, as soon as practicable after attaining the twenty-sixth anniversary of the day of their birth, be reclassified into Class V-A."

(d) Paragraph (e) of § 1623.4 of Part 1623, Classification Procedure, is amended to read as follows:

"(e) When the Notice of Classification (SSS Form No. 110) is mailed, the date of mailing such notice shall be entered on the Classification Record (SSS Form No. 102) and on the Classification Questionnaire (SSS Form No. 100). When the Classification Advice (SSS Form No. 111) is mailed, the date of mailing of each such advice and the name of the person to whom it is mailed shall be entered on the Classification Questionnaire (SSS Form No. 100)."

(e) Paragraph (b) of § 1626.31 of Part 1626, Appeal to Appeal Board, is amended to read as follows:

"(b) Enter on the Classification Record (SSS Form No. 102) and on the Classification Questionnaire (SSS Form No. 100) the date of mailing of the Notice of Classification (SSS Form NO.110) and also enter on the Classification Questionnaire (SSS Form No. 100) the date of mailing of each Classification Advice (SSS Form No. 111) and the name of the person to whom it is mailed."

(f) Paragraph (b) of § 1627.7 of Part 1627, Appeal to the President, is amended to read as follows:

"(b) Enter on the Classification Record (SSS Form No. 102) and on the Classification Questionnaire (SSS Form No. 100) the date of mailing of the Notice of Classification (SSS Form NO.110) and also enter on the Classification Questionnaire (SSS Form No. 100) the date of mailing of each Classification Advice (SSS Form No. 111) and the name of the person to whom it is mailed."

(g) Paragraph (e) of § 1628.14 of Part 1628, Physical Examination, 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 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, and any other records designated by the Director of Selective Service."

(h) Paragraph (c) of § 1628.15 of Part 1628 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 the direction of the Director of Selective Service' on the front of such form and by completing the second endorsement on 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 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, 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 the 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 § 1628.14."

(i) Subparagraph (4) of paragraph (d) of § 1628.25 of Part 1628 is amended to read as follows:

"(4) For each registrant rejected, file the original and one copy of the Record of Induction (NME Form No. 47) and original and one copy of the Record 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 Record of Induction (NME Form No. 47) and one copy of the Report of Medical Examination (Standard Form 88)."

(j) Section 1642.12 of Part 1642, Delinquents, is amended to read as follows:

"§ 1642.12 Classification of registrant delinquent. Any delinquent registrant between the ages of 19 and 26 may be classified in or reclassified into Class I-A or Class I-A-O, whichever is applicable, regardless of other circumstances: Provided, That the following may not be classified in or reclassified into Class I-A or Class I-A-O under this section unless such action is specifically authorized by the Director of Selective Service:

"(a) A delinquent registrant in Class I-C who, after completion of any period of active service in the armed forces of the United States under the provisions of the Selective Service Act of 1948, has been separated from the armed forces or transferred to a reserve component thereof; or

"(b) A delinquent registrant who by reason of his service in the armed forces is eligible for classification into Class IV-A."

(k) Section 1642.42 of Part 1642 is amended to read as follows:

"§ 1642.42 Local board action subsequent to reporting a delinquent to United States Attorney. (a) After a delinquent has been reported to the United States Attorney, it is the responsibility of the United States Attorney to determine, subject to the supervision and direction of the Attorney General, whether the delinquent shall be prosecuted. Before permitting a delinquent who has been reported to the United States Attorney on Delinquent Registrant Report (SSS Form No. 301) to be inducted, the local board should obtain the views of the United States Attorney concerning such action.

"(b) After a delinquent has been reported to the United States Attorney on Delinquent Registrant Report (SSS Form No. 301) the local board shall promptly advise the United States Attorney by letter when:

"(1) the local board receives any additional information which (i) may be of assistance in locating the delinquent, (ii) has been requested by the United States Attorney, or (iii) may assist the United States Attorney in determining whether prosecution is warranted; or

"(2) The local board has taken any action with reference to the classification or status of the registrant."

(l) Paragraph (a) of § 1642.44 of Part 1642 is amended to read as follows:

"(a) The local board shall open and maintain a Record of Delinquents (SSS Form No 302), listing thereon all currently delinquent registrants between the ages of 19 and 26 including both those who have been reported and those who have not been reported to the Untied States Attorney on Delinquent Registrant Report (SSS Form No. 301). A person suspected of being an unregistered delinquent shall not be entered upon such report unless and until his registration has been accomplished. On the last day of each month the local board shall forward one copy of the Record of Delinquents (SSS Form No 302) to the State Director of Selective Service and two copies to the United States Attorney having jurisdiction over the area in which such local board is located."

(m) Section 1642.45 of Part 1642 is amended to read as follows:

"§ 1642.45 Confirmation of record of delinquents. The State Director of Selective Service shall request the United States Attorney to prepare, as of the 10th day of each month, a letter, in duplicate, either confirming the correctness of the Record of Delinquents (SSS Form No. 302) which was forwarded to him by the local board on the last day of the previous month as to the listing thereon of registrants who have been reported to him on Delinquent Registrant Report (SSS Form No. 301) or specifically setting forth any discrepancies in such listing and to forward the original of such letter to the local board concerned and a copy to the State Director of Selective Service."

HARRY S. TRUMAN

THE WHITE HOUSE,

March 9, 1950