Executive Order 10420—Amending the Selective Service Regulations and Executive Order No. 10363 of June 17, 1952

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

1. I hereby prescribe the following amendments of the Selective Service Regulations prescribed by Executive Orders No. 9988 of August 20, 1948 No. 10001 of September 17, 1948, No. 10008 of October 18, 1948, No. 10167 of October 11, 1950, No 10202 of January 12, 1951, No. 10258 of June 26, 1951, No. 10292 of September 25, 1951, and No 10328 of February 20, 1952, and constitution portions of Chapter XVI of Title 32 of the Code of Federal Regulations:

a. Paragraph (f) of § 1622.12 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, except when such discharge or release was because of minority or erroneous enlistment or when the branch of the armed forces concerned certifies that such discharge or release was accomplished upon the application of the registrant and was based upon inadequate evidence of his status, or (2) who has been separated therefrom by honorable discharge or discharged under honorable conditions or by an equivalent type of release from service 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 § 1622.65, and every other such registrant shall be identified with the abbreviation "Disc." In the manner provided in § 1622.64, and upon attaining an age beyond military service under the provisions of the selective service law, all such registrants shall be reclassified in Class V-A.

b. Paragraph (a) of § 1622.14 of part 1622 is amended to read as follows:

(a) In Class I-O shall be placed every registrant who would have been classified in Class I-A but for the fact that he has been found, by reason of religious training and belief, to be conscientiously opposed to participation in war in any form and to be conscientiously opposed to participation in both combatant and noncombatant training and service in the armed forces.

c. Paragraph (b) of § 1622.16 of part 1622 is amended to read as follows:

(b) In Class I-W shall be placed any registrant who subsequent to being ordered by the local board to perform civilian work contributing to the maintenance of the national health, safety, or interest has been released from such work by the local board after satisfactorily performing the work for a period of twenty-four consecutive months or has been sooner released from such work by the Director of Selective Service under the provisions of § 1660.21 of this chapter. Each such registrant shall be identified on all records by following his classification with the abbreviation "Rel." and, upon attaining an age beyond the maximum age of liability for military service under the provisions of the selective service law, all such registrants shall be reclassified in Class V-A.

d. Section 1623.12 of part 1623, Classification Procedure, is revoked.

e. Paragraph (b) of § 1624.2 of Part 1624, Appearance Before Local Board, is amended to read as follows:

(b) At any such appearance, the registrant may discuss his classification, may point out the class or classes in which he thinks he should have been placed, and may direct attention to any information in his file which he believes the local board has overlooked or to which he believes it has not given sufficient weight. The registrant may present such further information as he believes will assist the local board in determining his proper classification. Such information shall be in writing, or, if oral, shall be summarized in writing by the registrant and, in either event, shall be placed in the registrant's file. The information furnished should be as concise as possible under the circumstances. The member or members of the local board before whom the registrant appears may impose such limitations upon the time which the registrant may have for his appearance as they deem necessary.

f. Section 1626.11 of part 1626. Appeal to Appeal Board, is amended by redesignation paragraph (c) as paragraph (d) and by adding a new paragraph (c) to read as follows;

(c ) Whenever an appeal to the appeal board involves a registrant whose current place of residence 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 and the written request referred to in paragraph (b) of this section has not been filed with the local board, the registrant, the Director of Selective Service, or the State Director of Selective Service may, at the item 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 current place of residence of the registrant.

g. 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 either of the written requests referred to in paragraphs (b) and (c) 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 or his current place of residence, which ever is applicable, 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 information considered by the local board does not appear in the written information in the file, other than information presented orally by the registrant or in his behalf at a personal appearance under the provisions of § 1624.2 of this chapter, the local board shall prepare and place in the file a written summary of such information.

(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 either of the written requests referred to in paragraphs (b) and (c) of § 1626.2 has been filed with the local board. If the written request referred to in paragraph (b) of §1626.11 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 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. If the written request referred to in paragraph (c) of § 1626.11 has been filed and the written request referred to in paragraph (b) of that section has not 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 current place of residence of the registrant, but if such current place of residence 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. The State Director of Selective Service may direct the channels through which the files of registrants shall be forwarded is locate in another State he shall forward the file through the State Director of Selective Service for that State.

h. Section 1626.14 of Part 1626 is amended to read as follows:

§ 1626.14 Time when record to be forwarded on appeal. The registrant's file shall be forwarded to the appeal board, or appropriate panel thereof, immediately after the period provided in paragraph (c) of 1626.2 for taking an appeal has elapsed and the local board has complied with the provisions of § 1626.13, but in no event shall the file be forwarded later than five days after the period for taking an appeal has elapsed. The local board shall enter in the Classification Record (SSS Form No. 102) the date it transmits the registrant's file to the appeal board or appropriate panel thereof.

1. Paragraph (b) of § 1628.3 of Part 1628. Physical Examination is amended to read as follows:

(b) The medical advisor to the local board shall (1) give each registrant who presents himself for medical interview such examination as he deems necessary or (2) review each affidavit of a reputable physician or official statement of a representative of a Federal or State agency referred to him by the local board. From such examination or review, the medical advisor to the local board shall determine whether the registrant has one or more of the defects or conditions listed in Part 1629 of this chapter and shall record his finding sin item 19 of section II of the Record of Induction (DD Form No. 47).

j. Subparagraph (1) of paragraph (a) of § 1632.5, of Part 1632, Delivery and Induction, is amended to read as follows:

(1) Prepare in quintuplicate a Delivery List (SSS Form No. 261) completeing thereon the entries in columns (1) and

(2) for each such registrant.

k. 1. Paragraph (c) of § 1650.11 of Part 1650, Registration, Classification, Physical Examination, Selection, and Induction of Persons in Medical, Dental, and Allied Specialist Categories, is amended to read as follows:

(d) Every special registrant shall be placed in Class-A under the provisions of § 1622.10 of this chapter except that when grounds are established to place such registrant in one or more of the classes listed in the following table, the special registrant shall be classified in the lowest class for which he is determined to be eligible, with Class I-A-O considered the highest class and Class I-C considered the lowest class according to the following table:

Class: I-A-O Class: IV-B

I-O IV-C

I-D IV-D

II-A IV-F

II-S V-A

III-A I-W

IV-A I-C

3. Section 1650.11 of part 1650 is further amended by redesignation paragraph (j) as paragraph (k), paragraph (k) as paragraph (l), paragraph (l) as paragraph (o), paragraph (m) as paragraph (p), and paragraph (n) as paragraph (q) and by adding three new paragraphs (j), (m), and (n) to read as follows:

(j)A special registrant shall be placed in Class II-S only if (1) he has been accepted for admission by a professional school of medicine, dentistry, or veterinary medicine to the class next commencing for a full-time course of instruction leading to a degree in a specialist category other than that in which he has previously received a degree and, if such class has commenced, has entered such school, or (2) he is a student in any such professional school and the school in which he is in attendance has certified that he is satisfactorily pursuing a full-time course of instruction leading to a degree in a specialist category other than that in which he has previously received a degree.

(m) A special registrant shall be placed in Class IV-B under the provisions of § 1622.41 of this chapter.

(n) A special registrant shall be placed in Class IV-C only if he is an alien and has departed from the United States. Such alien shall be placed in Class IV-C even though he is a delinquent but this classification shall in no way relieve him from liability for prosecution for violation of the selective service law. If any registrant so classified under this paragraph returns to the United States, his classification shall be reopened and he shall be classified anew.

Paragraphs (a) and (b) of § 1650.30 of Part 1650 are amended to read as follows:

(a) Except as otherwise provided in this section, the provisions of Part 1628 of this chapter shall be applicable with respect to the physical examination of special registrants except that special registrants shall not be given the medical interview as provided in that part.

(b) Whenever a special registrant who is in Class I-A, Class I-A-O, or Class I-O claims that he has one or more of the disqualifying obvious defects or manifests conditions listed in Part 1629 of this chapter, or whenever the local board is of the opinion that such a special registrant has one or more of such defects or conditions, the local board shall prepare an original and three copies of the Record of Induction (DD Form No.47) , by completeing all of section I except item 2, and item 18 of section II thereof, and send the original together with all documents in the registrant's file relating to his physical or mental condition to the medical advisor to the local board. The medical advisor after reviewing the written evidence which he receives shall sate in item 19 of section II of the Record of Induction (DD Form No. 47) whether or not he believes that the registrant actually has any disqualifying effect or condition. If the medical advisor states that he believes that the registrant has any such defect or condition, the local board shall send the original of the Record of Induction (DD Form No. 47) together with all written evidence relating to the registrant's condition to the State Director of Selective Service who shall obtain a determination from the commanding general of the appropriate army as to whether the registrant shall be forwarded for armed forces physical examination.

m. Paragraph (d) of § 1660.21 of Part 1660, Civilian Work in Lieu of Induction, is amended to read as follows:

(c) The director of Selective Service is authorized to release, or to provide for the release of, any registrant from civilian work in lieu of induction at any time before the registrant has performed such work for a period of twenty-four consecutive months whenever the Director of Elective Service deems such release to be advisable.

(n) Paragraph (c) of § 1660.31 of Part 1660 is amended to read as follows:

(d) When the local board receives the cover sheet of the registrant from the Director of Selective Service or the State Director of Selective Service together with the letter stating that the registrant has satisfactorily completed his period of civilian work or a written notification that the registrant has been sooner released from such work by the Director of Selective Service under the provisions of § 1660.21, the local board shall mail the registrant a certificate evidencing his satisfactory completion of and release from civilian work and shall retain him in Class I-W and identify him on all records by following his classification with the abbreviation "Rel." until such time as he attains an age beyond the maximum age of liability for military service.

3. Paragraph 3 of Executive Order No. 10363 of June 17, 1952, prescribing amendments of the Selective Service Regulations is hereby amended, effective as of June 17, 1952, by substituting for the designation "paragraph (b) of § 1622.30" appearing therein the designation "paragraph (c) of § 1622.30".

HARRY S. TRUMAN

THE WHITE HOUSE,

December 17, 1952