Executive Order 10809—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. 9988 a of August 20, 1948, No. 10001 of September 17, 1948, No. 10202 of January 12, 1951, No. 10292 of September 25, 1951, No. 10594 of January 31, 1955, 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 1617.1 of Part 1617, Registration Certificate, Is amended to read as follows:

§ 1617.1 Effect of failure to have unaltered registration certificate in personal possession.

Every person required to present himself for and submit to registration must, after he is registered, have in his personal possession at all times his Registration Certificate (SSS Form No. 2) prepared by his local board which has not been altered and on which no notation duly and validly inscribed thereon has been changed in any manner after its preparation by the local board. The failure of any person to have his Registration Certificate (SSS Form No. 2) in his personal possession shall be prima facie evidence of his failure to register. When a registrant is inducted into the armed forces or enters upon active duty in the armed forces, other than active duty for training only or active duty for the sole purpose of undergoing a physical examination, he shall surrender his Registration Certificate (SSS Form No. 2) to the commanding officer of the joint examining and induction station or to the responsible officer at the place to which he reports for active duty, and such certificate shall be destroyed by the officer to whom it is surrendered.

2. (a) Paragraphs (c), (d), (f), (i), (j), and (1) of § 1622.13 of Part 1622, Classification Rules and Principles, are amended to read as follows:

(c) In Class I-D shall be placed any registrant who on February 1, 1951, was a member of an organized unit of the Army National Guard of the United States, the Air National Guard of the United States, the Army Reserve, the Air Force Reserve, the Naval Reserve, the Marine Corps Reserve, the Coast Guard Reserve, or the Public Health Service Reserve, and thereafter has continued to serve satisfactorily as such member or as a member of another reserve component, the Army National Guard, or the Air National Guard, as the case may be.

(d) In Class I-D shall be placed any registrant who prior to attaining the age of 18 years and 6 months, and prior to the determination by the Secretary of Defense that adequate trained personnel are available to the National Guard to enable it to maintain its strength authorized by current appropriations, becomes by enlistment or appointment a member of any organized unit of the National Guard in any case in which the Governor of the State has determined, and has issued a proclamation to the effect, that the organized strength of such organized unit of the National Guard of his State cannot be maintained by enlistment or appointment of persons referred to in paragraph (a) of this section, or persons who are not liable for training and service under the Universal Military Training and Service Act, as amended. Such registrant shall remain eligible for Class I-D so long as he continues to serve satisfactorily as such member or as a member of another reserve component, the Army National Guard, or the Air National Guard, as the case may be.

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(f) In Class I-D shall be placed any registrant (1) who was an enlisted member of a reserve component of the armed forces on June 25, 1950, and thereafter has continued to serve satisfactorily in such reserve component or as a member of another reserve component, the Army National Guard, or the Air National Guard, as the case may be, (2) who has applied for active duty pursuant to section 4(c) (2) of the Universal Military Training and Service Act, as amended, and (3) whose application for such duty has been denied. Such registrant shall be retained in Class I-D until such time as he is ordered to active duty or ceases to serve satisfactorily in any such reserve component.

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(i) In Class I-D shall be placed any registrant (1) who prior to attaining the age of 18 years and six months and prior to his being ordered to report for induction, or (2) who after being selected for enlistment in a unit of the Ready Reserve in the manner provided in Part 1680 of this chapter by reason of his having a critical skill and being engaged in a civilian occupation in a critical defense-supporting industry or in a research activity affecting national defense, enlisted for a period of eight years in a unit of the Ready Reserve of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve under the provisions of section 262 of the Armed Forces Reserve Act of 1952, as amended. Such registrant shall remain eligible for Class I-D so long as he continues to serve satisfactorily, as determined under regulations prescribed by the Secretary of the department concerned, as a member of such reserve component or of another reserve component, the Army National Guard, or the Air National Guard, as the case may be.

(j) In Class I-D shall be placed any registrant who prior to attaining the age of 18 years and 6 months, and prior to his being ordered to report for induction, enlisted in an organized unit of the Ready Reserve of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve under the provisions of section 6(c) (2)

(C) of the Universal Military Training and Service Act, as amended. Such registrant shall remain eligible for Class

so long as he continues to serve satisfactorily as a member of an organized unit of the Ready Reserve of such reserve component or as a member of another reserve component, the Army National Guard, or the Air National Guard, as the case may be.

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(1) In Class I-D shall be placed any registrant who is serving satisfactorily as a member of a reserve component of the armed forces and is not eligible for Class I-D under the provisions of any other paragraph of this section: Provided, that, for the purposes of this paragraph, a member of a reserve component who is in the Standby Reserve or the Retired Reserve shall be deemed to be serving satisfactorily unless the armed force of which he is a member informs the local board that he is not serving satisfactorily.

(b) Subparagraphs (7), (8), and (9) of paragraph (a) of § 1622.40 of Part 1622 are amended to read as follows:

(7) A registrant who after becoming a member of a unit of the Ready Reserve of a reserve component of the armed forces by enlistment under the provisions of section 262 of the Armed Forces Reserve Act of 1952, as amended, has continued to serve satisfactorily as such member or as a member of another reserve component, the Army National Guard, or the Air National Guard, as the case may be, and who has completed eight years of such satisfactory service during which he has performed an initial period of active duty for training of not less than three months.

(8) A registrant who after becoming a member of an organized unit of the National Guard by enlistment or appointment under the provisions of section 6(c) (2) (A) of the Universal Military Training and Service Act, as amended, has continued to serve satisfactorily as such member or as a member of another reserve component, the Army National Guard, or the Air National Guard, as the case may be, and who has completed eight years of such satisfactory service during which he has performed active duty for training with an armed force for not less than three consecutive months.

(9) A registrant who after becoming a member of an organized unit of the Ready Reserve of a reserve component of the armed forces by enlistment under the provisions of section 6(c) (2) (C) of the Universal Military Training and Service Act, as amended, has continued to serve satisfactorily as such member or as a member of another reserve component, the Army National Guard, or the Air National Guard, as the case may be, and who has completed eight years of such satisfactory service during which he has performed an initial period of active duty for training of not less than three months.

(c) Paragraph (a) of § 1622.40 is further amended by redesignating subparagraph (10) as subparagraph (11) and by adding a new subparagraph (10) to read as follows:

(10) A registrant who after completion of six years of satisfactory service as a member of the Ready Reserve of one or more reserve components of the armed forces has ceased to be a member of any reserve component of the armed forces.

3. Paragraph (c) of § 1623.4 of Part 1623, Classification Procedure, is amended to read as follows:

(c) After each local board meeting, a copy of the Local Board Action Report (SSS Form No. 112-B), listing the registrants who have been classified or whose classifications have been changed, shall be posted in a conspicuous place in the office of the local board. When a person is unable to ascertain the current classification of a registrant from a posted copy of the Local Board Action Report (SSS Form No. 112-B), an employee of the local board, upon request, shall consult the Classification Record (SSS Form No. 102) and shall furnish the person making inquiry the current classification of such registrant.

4. Section 1625.14 of Part 1625, Reopening and Considering Anew Registrant's Classification, is amended to read as follows:

§ 1625.14 Cancellation of Order To Report for Induction or for Civilian Work by reopening of classification.

The reopening of the classification of a registrant by the local board shall cancel any Order To Report for Induction (SSS Form No. 252) or Order To Report for Civilian Work and Statement of Employer (SSS Form No. 153) which may have been issued to the registrant, except that if the registrant has failed to comply with either of those orders, the reopening of his classification thereafter by the local board for the purpose of placing him in Class IV-C or Class V-A shall not cancel the order with which he failed to comply.

5. Paragraph (c) of § 1630.3 of Part 1630, Volunteers, is amended to read as follows:

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

6. Section 1642.11 of Part 1642, Delinquents, is amended to read as follows:

§ 1642.11 Registration and classification of unregistered delinquent.

When a delinquent who has not registered reports or is brought before a local board, he shall be registered, and the local board at which he registers shall enter in item 2 of his Registration Card (SSS Form No. 1) an address within the jurisdiction of such local board. As soon as possible after his registration, the local board shall classify him as provided in § 1642.12.

DWIGHT D. EISENHOWER

THE WHITE HOUSE,

March 19, 1959.