Executive Order 10735—Amending the Selective Service Regulations

By virtue of the authority vested in me by the Universal Military Training and Service Act (62 Stat. 604), as amended, I hereby prescribe the following amendments of the Selective Service Regulations prescribed by Executive Orders No. 10001 of September 17, 1948, No. 10167 of October 11, 1950, No. 10292 of September 25, 1951, No. 10420 of December 17, 1952, No. 10505 of December 10, 1953, No. 10659 of February 15, 1956, and No. 10714 of June 13, 1957, and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations:

1. Section 1602.13 of Part 1602, Definitions, is revoked.

2. (a) Paragraph (b) of § 1622.13 of Part 1622, Classification Rules and Principles, is amended by striking out the word "ur" at the end of subparagraph (3), by striking out the period at the end of subparagraph (4) and inserting in lieu thereof a semicolon and the word "or", and by adding a new subparagraph (5) to read as follows:

"(5) Periods of active duty performed by medical, dental, or allied specialists in student programs prior to receipt of the appropriate professional degree or in intern training."

(b) Paragraph (b) of § 1622.40 of Part 1622 is amended by striking out the word "or" at the end of subparagraph (3), by striking out the period at the end of sub-paragraph (4) and inserting in lieu thereof a semicolon and the word "or", and by adding a new subparagraph (5) to read as follows:

"(5) Periods of active duty performed by medical, dental, or allied specialists in student programs prior to receipt of the appropriate professional degree or in intern training."

(c) Section 1622.44 of Part 1622 is amended to read as follows:

"§ 1622.44 Class 1V-F: Physically, mentally, or morally unfit. (a) In Class IV-F shall be placed any registrant (1) who is found to be physically or mentally unfit for any service in the Armed Forces other than a registrant who has been separated from the Armed Forces because of physical or mental disability by an honorable discharge or a discharge under honorable conditions or an equivalent type of release from service and who is eligible for Class IV-A under the provisions of § 1622.40; (2) 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; (3) 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 (4) 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.

"(b) In Class IV-F shall be placed any registrant in the medical, dental, and allied specialist categories who has applied for an appointment as a Reserve officer in one of the Armed Forces in any of such categories and has been rejected for such appointment on the sole ground of a physical disqualification."

3. (a) Section 1631.4 of Part 1631, Quotas and Calls, is amended to read as follows:

"§ 1631.4 Calls by the Secretary of Defense. The Secretary of Defense may from time to time place with the Director of Selective Service a call or requisition for a specified number of men required for induction into the Armed Forces.

The Secretary of Defense may also from time to time place with the Director of Selective Service a call or requisition for a specified number of men in any medical, dental, or allied specialist category required for induction into the Armed Forces. The Secretary of Defense shall present such calls or requisitions to the Director of Selective Service not less than 60 days prior to the period during which the delivery and induction of such men are to be accomplished."

(b) Section 1631.5 of Part 1631 is amended to read as follows:

"§ 1631.5 Calls by the Director of Selective Service. (a) The Director of Selective Service shall, upon receipt of a call or requisition from the Secretary of Defense for a specified number of men to be inducted into the Armed Forces, allocate such call or requisition among the several States. The Director of Selective Service in allocating such call may provide for the selection of persons by age group or groups whenever he deems such action is necessary in order that persons in older age groups shall, on a nation-wide basis, be selected and delivered for induction before persons in younger age groups.

"(b) Upon receipt of a call or requisition from the Secretary of Defense for a specified number of men in a medical, dental, or allied specialist category to be inducted into the Armed Forces, the Director of Selective Service shall allocate such call or requisition among the several States.

"(c) The Director of Selective Service shall issue a Notice of Call on State (SSS Form No. 200) to the State Director of Selective Service of each State concerned (1) for the number of men allocated to each State, or (2) for the number of men in the medical, dental, or allied specialist category allocated to each State. The Director of Selective Service shall send two copies of each such Notice of Call on State (SSS Form No. 200) to the Secretary of Defense."

(c) Section 1631.6 of Part 1631 is amended to read as follows:

"§ 1631.6 Calls by State Director of Selective Service. The State Director of Selective Service, upon receiving a Notice of Call on State (SSS Form No. 200) from the Director of Selective Service shall (a) allocate to the local boards concerned within his State (1) the number of men which his State is called upon to furnish for service in the Armed Forces, or (2) the number of men in the medical, dental, or allied specialist category which his State is called upon to furnish for service in the Armed Forces, and (b) issue to each local board concerned a Notice of Call on Local Board (SSS Form No. 201) directing the local board to select and deliver for induction (1) the number of men allocated to the local board, or (2) the number of men in the medical, dental, or allied specialist category allocated to the local board. The State Director of Selective Service shall send a copy of each Notice of Call on Local Board (SSS Form No. 201) to the commanding officer of the joint examining and induction station to which the selected men are directed to report for induction."

(d) (1) Paragraph (a) of § 1631.7 of Part 1631 is amended to read as follows:

"(a) Each local board, upon receiving a Notice of Call on Local Board (SW Form No. 201) from the State Director of Selective Service (1) for a specified number of men to be delivered for induction, or (2) for a specified number of men in a medical, dental, or allied specialist category to be delivered for induction, 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-0 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, including those in a medical, dental, or allied specialist category, shall be selected and ordered to report for induction in the following order:

(1) Delinquents who have attained the age of 19 years in the order of their dates of birth with the oldest being selected first.

(2) Volunteers who have not attained the age of 26 years in the sequence in which they have volunteered for induction.

(3) Nonvolunteers who have attained the age of 19 years and have not attained the age of 26 years and who do not have a child or children with whom they maintain a bona fide family relationship in their homes, in the order of their dates of birth with the oldest being selected first.

(4) Nonvolunteers who have attained the age of 19 years and have not attained the age of 26 years and who have a child or children with whom they maintain a bona fide family relationship in their homes, in the order of their dates of birth with the oldest being selected first.

(5) Nonvolunteers who have attained the age of 26 years in the order of their dates of birth with the youngest being selected first.

(6) Nonvolunteers who have attained the age of 18 years and 6 months and who have not attained the age of 19 years in the order of their dates of birth with the oldest being selected first.

In selecting registrants in the order of their dates of birth, if two or more registrants have the same date of birth they shall, as among themselves, be selected in alphabetical order."

(2) Paragraph (b) of § 1631.7 is re-designated as paragraph (c) and a new paragraph (b) is added to § 1631.7 to read as follows:

"(b) The term 'child' as used in this section shall include a legitimate or an illegitimate child from the date of its conception, a child legally adopted, a stepchild, a foster child, and a person who is supported in good faith by the registrant in a relationship similar to that of parent and child but shall not include any person 18 years of age or over unless he is physically or mentally handicapped."

4. Section 1641.7 of Part 1641, Notice, is amended to read as follows:

"§ 1641.7 Reporting by registrants of their current status. (a) It shall be the duty of every classified registrant to keep his local board currently informed of his occupational, marital, family, dependency, and military status, of his physical condition, of his home address, and of his receipt of any professional degree in a medical, dental, or allied specialist category. Every classified registrant shall, within 10 days after it occurs, report to his local board in writing every change in such status and in his physical condition and home address and his receipt of any such professional degree.

" (b) A classified registrant shall submit to his local board in writing all information which the local board may at any time request from him concerning his occupational, marital, family, dependency, or military status or his physical condition or his receipt of a professional degree. The registrant shall submit such information to his local board within 10 days after the date on which the local board mails him a request therefor, or within such longer period as may be fixed by the local board."

5. Part 1650, Registration, Classification, Physical Examination, Selection, and Induction of Persons in Medical, Dental, and Allied Specialist Categories, is revoked.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

October 17, 1957.