Executive Order 10258—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 in part by Executive Order No. 9988 of August 20, 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:

1. Section 1626.11 of Part 6126, Appeal to appeal board, is amended to read as follows:

§ 1626.11 How appeal to appeal board is taken. (a) Any person entitled to do so may appeal to the appeal board by filing with the local board a written notice of appeal. Such notice need not be in any particular form but must state the name of the registrant and the name and identity of the person appealing to as to show the right of appeal. The language of any such notice shall be liberally construed in favor of the person filing the notice so as to permit the appeal.

(b) Whenever an appeal to the appeal board involves a claim for the occupational deferment of a registrant whose principal place of employment is located outside the appeal board area in which the local board having jurisdiction over the registrant is located and is located in the area of another appeal board, the person appealing may, at the time he files the notice of appeal, file with the local board a written request that the appeal be submitted to the appeal board having jurisdiction over the area in which is located the principal place of employment of the registrant.

(c) The local board shall enter on the Classification Questionnaire (SSS Form No. 100), under the heading "Minutes of Action by Local Board and Appeal Board", the date on which an appeal is filed.

2. Section 1626.13 of Part 1626 is amended to read as follows:

§ 1626.13 Local board to prepare appeal record and forward file. (a) Immediately upon an appeal being taken to the appeal board by a person entitled to appeal, the local board shall prepare the Individual Appeal Record (SSS Form No. 120), in duplicate, attaching the original to the inside of the registrant's Cover Sheet (SSS Form No. 101) and placing the duplicate copy in the local board files. If the written request referred to in paragraph (b) of § 1626.11 has been filed, the local board shall enter on the Individual Appeal Record (SSS Form No. 120) a notation that such request has been filed together with the principal place of employment of the registrant and the address thereof. The local board shall carefully check the registrant's file to make certain that all steps required by the regulations in this chapter have been taken and that the record is complete. If any facts considered by the local board do not appear in the written information in the file, the local board shall prepare and place in the file a written summary of such facts.

(b) The file of a registrant who appeals or on whose behalf an appeal is taken shall be forwarded by the local board to the appeal board, or appropriate panel thereof, for the area in which the local board having jurisdiction over the registrant is located, unless the written request referred to in paragraph (b) of § 1626.11 has been filed with the local board. If such request has been filed, the file of the registrant shall be forwarded by the local board through the State Director of Selective Service to the appeal board having jurisdiction over the area in which is located the principal place of employment of the registrant, but if such principal place of employment is not located in the area of any appeal board the file of the registrant shall be forwarded to the appeal board, or appropriate panel thereof, for the area in which the local board having jurisdiction over the registrant is located: Provided, That the State Director of Selective Service may direct the channels through which the files of registrants shall be forwarded to the appeal board in his State, and when the appeal board to which a file is to be forwarded is located in another State he shall forward the file through the State Director of Selective Service for that State.

3. Paragraph (a) of § 1642.41 of Part 1642, Delinquents, is amended to read as follows:

(a) Every registrant who fails to comply with an Order to Report for Induction (SSS Form NO. 252) or an Order for Transferred Man to Report for Induction (SSS Form No. 253) shall be reported promptly to the United States Attorney on Delinquent Registrant Report (SSS Form No. 301): Provided, That if the local board believes by reasonable effort it may be able to locate the registrant and secure his compliance, it may delay the mailing of such Delinquent Registrant Report (SSS Form No. 301) for a period not in excess of 30 days. A copy of such Delinquent Registrant Report (SSS Form No. 301) shall be placed in the delinquent's Cover Sheet (SSS Form NO. 101). The local board may report any other delinquent registrant to the United States Attorney by letter stating all the circumstances. A copy of such letter shall be placed in the delinquent's Cover Sheet (SSS Form No. 101).

4. Section 1642.44 of Part 1642 is amended to read as follows:

§ 1642.44 Local board record of delinquents. (a) The local board shall open and maintain a Record of Delinquents (SSS Form No. 302), listing thereon all currently delinquent registrants including both those who have been reported and those who have not been reported to the United 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 March, June, September, and December the local board shall forward one copy of the Record of Delinquents (SSS Form NO. 302) to the State Director of Selective Service having jurisdiction over the area in which such local board is located.

(b) On the last day of March, June, September, and December the local board shall post a copy of the current Record of Delinquents (SSS Form No. 302) on its bulletin board. The aid of the press and radio should be solicited to give the widest possible publicity to delinquencies.

5. Section 1642.45 of Part 1642 is revoked.

6. Section 1642.46 of Part 1642 is amended to read as follows:

§ 1642.46 State Record of Delinquents. The State Director of Selective Service shall prepare a Summary of Delinquencies (SSS Form No. 303) on or before the 15th day of January, April, July, and October and forward one copy to the Director of Selective Service, Washington, D.C.

HARRY S. TRUMAN

THE WHITE HOUSE,

June 26, 1951