Harry S. Truman photo

Executive Order 10202—Prescribing or Amending Portions of the Selective Service Regulations

January 12, 1951

By virtue of the authority vested in me by Title I of the Selective Service Act of 1948 (62 Stat. 604), as amended, it is ordered as follows:

1. I hereby prescribe the following portion of the regulations governing the administration of Title I of the said Act, as amended, which shall constitute a portion of Part 1630 of Chapter XVI of Title 32 of the Code of Federal Regulations, and a portion of the Selective Service Regulations:

PART 1630-VOLUNTEERS

Sec.

1630.1 Who may volunteer.

1630.2 Where person may volunteer.

1630.3 Registration of certain volunteers.

1630.4 Classification of volunteers.

1630.5 Selection of volunteer.

§ 1630.1 Who may volunteer. Registrants who have reached the eighteenth anniversary of the day of their birth and who have not reached the twenty-sixth anniversary of the day of their birth may volunteer at their local board for induction into the armed forces by filing an Application for Voluntary Induction (SSS Form No. 254).

§ 1630.2 Where person may volunteer. (a) If a man has been registered and desires to volunteer for induction, he may so volunteer only through his own local board. If a man has not been registered and desires to volunteer for induction, he may register and then volunteer, but may do so only through the local board having jurisdiction of the area in which his place of residence is located.

(b) a registrant who is so far from his local board that it would be a hardship for him to appear in person at such local board in order to volunteer may present himself at a local board having jurisdiction of the area in which he is at the time located, and such local board shall assist him by correspondence or other means to volunteer through his own local board to the end that all uncompleted procedure with reference to such man's registration, classification, selection, and induction may be completed as soon as possible, including when necessary, transfer for classification, transfer for physical examination, transfer for delivery, or any of such steps which may be considered proper for the purpose.

§ 1630.3 Registration of certain volunteers. (a) If a person who is required to be registered but who has failed to register volunteers for induction, he shall be registered and shall be given a selective service number in the same manner as in the case of a late registrant. In all such cases, as well as in the cases of persons already registered a "V" shall be placed at the top of the Registration Card (SSS Form No. 1) to indicate that such a registrant is a volunteer.

(b) If a person not required to be registered volunteers for induction, he shall be registered and shall be given a selective service number in exactly the same manner as any other registrant. A "V" shall be placed at the top of the Registration Card (SSS Form NO. 1) to indicate that such person is a volunteer.

(c) In registering the volunteer, the local board shall follow the procedure set forth in Part 1613 of this chapter, and, as in the case of any other registrant, the local board for the area in which the residence of the registrant (the place indicated online 2 of the Registration Card (SSS Form No. 1)) is located will have jurisdiction of such registrant.

§ 1630.4 Classification of volunteers. When a man files an Application for Voluntary Induction (SSS Form No. 254) under the provisions of § 1630.1, he shall be classified as soon as possible and placed in a class available for military service unless:

(a) Disregarding all other grounds for deferment, he would be classified in Class II-A, Class II-C, or Class III-A;

(b) He is the Vice President of the United States, a Governor of a State, any other State official chosen by the voters of the entire State, a member of the Congress of the United States, a member of a State legislative body, or a judge of a court of record of the United States or of a State, required to be deferred by law; or

(c) Under the provisions of § 1622.21 of this chapter he is found to be physically, mentally, or morally unfit.

§ 1630.5 Selection of volunteer. A volunteer who is placed in Class I-A or Class I-A-O shall be selected for armed forces physical examination and for induction in the manner prescribed in Parts 1628 and 1631 of this chapter.

2. 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. 9988 of August 20, 1948, in part by Executive Order No. 9992 of August 28, 1948, in part by Executive Order No. 10001 of September 17, 1948, and in part by Executive Order No. 10116 of March 9, 1950, and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations:

(a) (1) Paragraph (d) of § 1604.1 of Part 1604 Selective Service Officers, is amended to read as follows:

(d) To appoint, and to fix, in accordance with the Classification Act of 1949, as amended, so far as applicable, the compensation of, such officers, agents, and employees as shall be necessary for carrying out the functions of the Selective Service System.

(2) The table of contents of Part 1604 is amended by inserting, immediately after "1604.52 Composition and appointment.", the following: "1604.52a Panels of local boards.".

(3) The following new section is added to Part 1604 immediately following § 1604.52:

§ 1604.52a Panels of local boards. (a) Whenever the State Director of Selective Service determines that the work load of a local board has become too great to be handled without undue delay, he is authorized to establish panels of such local board in such number as he may determine, but not to exceed one panel for each three local board members. The jurisdiction of each such panel shall be the same as the jurisdiction of the local board subject to the limitations contained hereafter in this section.

(b) Whenever the State Director of Selective Service establishes panels in a local board, the chairman of such local board shall assign at least three members of the local board to each such panel. Each local board member, including the chairman, shall be assigned to a panel. No member shall be assigned to more than one panel at the same time.

(c) The chairman of the local board shall not alter the assignment of members of the local board to panels without the written consent of the State Director of Selective Service. A member of a local board shall not be qualified to vote on any question or classification which arises before any panel of the board except the one to which he is assigned, but all questions arising in the selection of registrants for armed forces physical examination or for induction, except questions concerning the classification of registrants, shall be determined by the local board as a whole without regard to panel assignments.

(d) A majority of the members of the local board assigned to a panel of the board shall constitute a quorum for the transaction of business before that panel. A majority of the members assigned to a panel who are present at any meeting of the panel at which a quorum is present shall decide any question or classification properly before the panel. Every member of the panel present, unless disqualified, shall vote on every question or classification. In case of a tie vote on any question or classification, the panel shall postpone action on the question or classification until it can be decided by a majority votes.

(e) The chairman of the local board shall assign the cases of registrants to the panels thereof in such manner that the resultant classification actions shall establish a single availability list for the board so that registrants shall be available generally in the order of their liability for service in the armed forces. Except as otherwise provided in this paragraph, no panel of a local board other than the panel to which the case of a registrant is initially assigned shall determine any question or classification with respect to such registrant. After the case of a registrant has been assigned to a panel, the chairman of the local board may reassign any such case to another panel when he determines such action is necessary in order to prevent undue delay in the processing of registrants. Whenever, because of the provisions of paragraph (a) of § 1604.55, a majority of a panel is disqualified to act on the case of a registrant assigned to the panel, the chairman of the local board shall reassign the case to another panel, or, if all of the panels of the local board are similarly disqualified to act on the case, the local board shall request the State Director of Selective Service to designate another local board to which the registrant shall be transferred for action on his case. The panel to which the case of a registrant is reassigned shall thereafter retain jurisdiction to determine all questions or classifications with respect to that registrant to the same extent as though it were the panel of initial assignment.

(b) Paragraph (e) of § 1621.9 of Part 1621, Preparation for Classification, is amended to read as follows:

(e) the local board shall not mail a Classification Questionnaire (SSS Form No. 100) to a registrant who has not attained the age of nineteen years unless such registrant previously volunteers for induction.

(c) (1) The headnote for § 1622.7 in the table of contents of Part 1622, Classification Rules and Principles, is amended to read as follows:

§ 1622.7 Class I-C. Member of armed forces of the United States, the Coast and Geodetic Survey or the Public Health Service, and certain registrants separated therefrom.

(2) Section 1622.2 of Part 1622 is amended to read as follows:

§ 1622.2 The five classes. Each registrant shall be classified in one of five main classes as follows:

Class I: Available for military service. Members of the armed forces, the Coast and Geodetic Survey or the Public Health Service. Members of reserve components or students taking military training.

Class II: Deferred because of occupational status.

Class III: Deferred because of dependency.

Class IV: Deferred specifically by law or because unfit for military service.

Class V: Over the age of liability for military service.

(3) Section 1622.3 of Part 1622 is amended to read as follows:

§ 1622.3 Subclasses. The five main classes are further divided into subclasses as follows:

Class I

Class I-A: Available for military service.

Class I-A-O: Conscientious objector available for noncombatant service only.

Class I-C: Member of the armed forces of the United States, the Coast and Geodetic Survey or the Public Health Service, and certain registrants separated therefrom.

Class I-D: Member of reserve component or student taking military training.

Class II

Class II-A: Deferred because of civilian employment (except agriculture),

Class II-C: Deferred because of employment in agriculture

Class III

Class III-A: Deferred because of dependents

Class IV

Class IV-A: Registrant who has completed service; sole surviving son.

Class IV-B: Official deferred by law.

Class IV-C: Aliens.

Class IV-D: Minister of religion or divinity student.

Class IV-E: Conscientious objector opposed to both combatant and noncombatant military service.

Class IV-F: Physically, mentally or morally unfit.

Class V

Class V-A: Registrant over the age of liability for military service.

(4) The headnote and paragraphs (c) and (d) of § 1622.7 of Part 1622 are amended to read as follows:

§ 1622.7 Class I-C: Member of the armed forces of the United States, the Coast and Geodetic Survey or the Public Health Service, and certain registrants separated therefrom.

* * * * *

(c) Every registrant who by induction becomes a member of the Army of the United States, the United States Navy, the United States Marine Corps, the Air Force of the United States, or the United States Coast Guard.

(d) Every registrant who is a member of a reserve component of the armed forces or the Public Health Service and who is on active duty (exclusive of periods for training only).

(5) Paragraph (a) of § 1622.8 of Part 1622 is amended to read as follows:

(a) In Class I-D shall be placed any registrant who served honorably on active duty between September 16, 1940, and June 24, 1948, for a period of 90 days or more but less than 12 months in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, the Public Health Service, or the armed forces of any country allied with the United States in World War II prior to September 2, 1945, when such period of active duty does not include a period in excess of 90 days between December 7, 1941, and September 2, 1945, if-

(1) The local board determines that he is regularly enlisted or commissioned in any organized unit of a reserve component of the armed force in which he served, provided such unit is reasonably accessible to such person without unduly interrupting his normal pursuits and activities (including attendance at a college or university in which he is regularly enrolled), or in a reserve component (other than in an organized unit) of such armed force in any case in which enlistment or commission in an organized unit of a reserve component of such armed force is not available to him; or

(2) The local board determines that enlistment or commission in a reserve component of such armed force is not available to him or that he has voluntarily enlisted or accepted appointment in an organized unit of a reserve component of an armed force other than the armed force in which he served.

(6) Paragraph (c) of § 1622.18 of Part 1622 is amended to read as follows:

(c) In Class IV-C shall be placed any registrant who is an alien and who is a citizen of a foreign country and who, being not otherwise deferrable or exempt from training and service, has, prior to his induction, made application to be relieved from liability for training and service in the armed forces of the United States by filing with the local board an Application by Alien for Relief from Training and Service in the Armed Forces (SSS Form No. 130), executive in duplicate. The local board shall forward the original of such form to the Director of Selective Service through the State Director of Selective Service and shall retain the duplicate in the registrant's Cover Sheet (SSS Form No. 101).

(d) (1) Section 1623.2 of Part 1623, Classification Procedures, is amended to read as follows:

§ 1623.2 Consideration of classes. Upon undertaking to classify any registrant, unless grounds are established to place the registrant in Class I-C under the provisions of § 1622.7 of this chapter, the registrant shall be classified in the lowest class for which he is determined to be eligible with Class I-A considered the highest class and Class V-A considered the lowest class according to the following table:

Class: I-A Class: IV-A

I-A-O IV-B

IV-E IV-C

I-D IV-D

II-A IV-F

II-C V-A

III-A

(2) Paragraph (b) of § 1623.9 of Part 1623 is amended to read as follows:

(b) After returning the Classification Questionnaire (SSS Form No. 100), a registrant may be transferred to another local board for classification at any time (1) when the local board cannot act on his case because of disqualification under the provisions of § 1604.52a or § 1604.55 of this chapter, or (2) when a majority of the members of the local board, or a majority of the members of every panel thereof if the board has separate panels, withdraw from consideration of the registrant's classification because of any conflicting interest, bias, or other reason.

(e) (1) Subparagraph (4) of paragraph (d) of § 1628.4 of Part 1628, Physical Examination, is amended to read as follows:

(4) The local board shall note in the "Disposition" column 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.

(2) Paragraph (b) of ? 1628.11 of Part 1628 is amended to read as follows:

(b) In complying with such directive, the local board shall mail an Order to Report for Armed Forces Physical Examination (SSS Form No. 223) to registrants who have been classified in Class I-A and Class I-A-O without regard to whether the registrants have requested or will request a personal appearance before the local board and without regard to whether an appeal has been or will be taken. The local board in complying with such directive shall, so far as is practicable, select and order to report for armed forces physical examination first such registrants who are volunteers in the sequence in which they have volunteered for induction and then such registrants who are nonvolunteers in the order of their liability for service.

(3) Subparagraph (1) of paragraph (a) and paragraph (b) of § 1628.13 of Part 1628 are amended to read as follows:

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

* * * * *

(b) Whenever a registrant referred to in paragraph (a) of this section is transferred to another local board for armed forces physical examination, a notation of such transfer shall be made in the "Remarks" column of the Physical Examination List (SSS Form No. 225) and all of the other records of such registrant prepared in the manner provided in paragraph (a) of this section shall be transmitted to the local board to which such registrant is transferred for armed forces physical examination in the manner and at the time provided in § 1628.14.

(4) Subparagraph (1) of paragraph (a) of § 1628.25 of Part 1628 is amended to read as follows:

(1) 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 the 'Disposition' column the disposition of each registrant forwarded for armed forces physical examination, and the original and one copy of Certificate of Acceptability (DD Form No. 62).

(5) Part 1628 is amended by substituting "(DD Form No. 47)" for "(NME Form No. 47)" wherever the latter appears in such part and by substituting "(DD Form No. 62)" for "(NME Form No. 62)" wherever the latter appears in such part.

(f) (1) Section 1631.2 of Part 1631, Quotas and Calls, is amended by substituting "Notification(s) of Home Address at Time of Latest Entry into Active Service (DD Form No. 53)" for "Report(s) of Home Address at Time of Last Entry into Service (NME Form No. 53)" wherever the latter appears in such section.

(2) Section 1631.7 of Part 1631 is amended to read as follows:

§ 1631.7 Action by local board upon receipt of notice of call. (a) Each local board, upon receiving a Notice of Call on Local Board (SSS Form No. 201) from the State Director of Selective Service for a specified number of men shall select and order to report for induction the number of men required to fill the call from among its registrants who have been classified in Class I-A and Class I-A-O and have been found acceptable for service in the armed forces and to whom the local board has mailed a Certificate of Acceptability (DD Form No. 62) at least 21 days before the date fixed for induction: Provided, That a registrant classified in Class I-A or Class I-A-O who is a delinquent may be selected and ordered to report for induction to fill an induction call notwithstanding the fact that he has not been found acceptable for service in the armed forces and has not been mailed a Certificate of Acceptability (DD Form No. 62): And provided further, That a registrant classified in Class I-A or Class I-A-O who has volunteered for induction may, if an appeal is not pending in his case and the period during which an appeal may be taken has expired, be selected and ordered to report for induction notwithstanding the fact that he has not been found acceptable for service in the armed forces and regardless of whether or not a Certificate of Acceptability (DD Form No. 62) has been mailed to him. Such registrants shall be selected and ordered to report for induction in the following order:

(1) Volunteers in the sequence in which they have volunteered for induction.

(2) Nonvolunteers in the order of their dates of birth with the oldest being selected first except that a delinquent shall, regardless of his age, be selected and ordered to report for induction before any other nonvolunteer. When two or more such registrants have the same date of birth they shall, as among themselves, be selected in alphabetical order.

(b) Whenever the number of postponements of induction materially reduces the number of men the local board actually can deliver in response to a call, the local board shall issue orders to report for induction to such numbers of additional men as may be necessary to meet the call, taking into account the number of men to be delivered following the expiration of postponements previously granted.

(g) (1) Section 1632.1 of Part 1632, Delivery and Induction, is amended to read as follows:

§ 1632.1 Order to report for induction. Immediately upon determining which men are to report for induction, the local board shall prepare for each man an Order to Report for Induction (SSS Form No. 252) in duplicate. The date specified for reporting for induction shall be at least 10 days after the date on which the Order to Report for Induction (SSS Form No. 252) is mailed, except that a registrant classified in Class I-A or Class I-A-O who has volunteered for induction may be ordered to report for induction on any date after he has so volunteered if an appeal is not pending in his case and the period during which an appeal may be taken has expired. The local board shall mail the original of the Order to Report for Induction (SSS Form No. 252) to the registrant and shall file the copy in his Cover Sheet (SSS Form No. 101).

(2) Part 1632 is amended by substituting "(DD Form No. 47)" for "(NME Form No. 47)" wherever the latter appears in such part.

(h) (1) 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 and any delinquent registrant between the ages of 18 and 26 who volunteers for induction 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, as amended, 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.

(2) Section 1642.13 of Part 1642 is amended to read as follows:

§ 1642.13 Certain delinquents to be ordered to report for induction. The local board shall order each delinquent registrant between the ages of 19 and 26 and each delinquent registrant between the ages of 18 and 26 who volunteers for induction who is classified in or reclassified into Class I-A or Class I-A-O to report for induction in the manner provided in § 1631.7 of this chapter unless (a) it has already done so, or (b) pursuant to a written request of the United States Attorney, the local board determines not to order such registrant to report for induction.

HARRY S. TRUMAN

THE WHITE HOUSE,

January 12, 1951

Harry S Truman, Executive Order 10202—Prescribing or Amending Portions of the Selective Service Regulations Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/279134

Simple Search of Our Archives