Executive Order 11188—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 of August 20, 1948, No. 10292 of September 25, 1951, No. 10363 of June 17, 1952, No. 10650 of January 6, 1956, No. 10659 of February 15, 1956, No. 10714 of June 13, 1957, No. 10809 of March 19, 1959, No. 10837 of September 14, 1959, No. 10984 of January 5, 1962, and No. 11098 of March 14, 1963, and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations:

1. (a) Subparagraphs (1), (2), (5), and (7) of paragraph (b) of section 1611.2 of Part 1611, Duty and Responsibility to Register, are amended to read as follows:

"(1) He is a full-time official or employee of a foreign government, or a member of the immediate family or service staff of such official or employee, who has the status of a nonimmigrant under the provisions of section 101(a) (15) (A) of the Immigration and Nationality Act, and who has been notified to the Department of State;

"(2) He is a representative to, or a full-time official or employee of, a public international organization, or a member of the immediate family or service staff of such representative, official or employee, who has the status of a nonimmigrant under the provisions of section 101(a) (15) (G) of the Immigration and Nationality Act;"

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"(5) He is a person who is within the United States temporarily under the provisions of section 101 (a) (15) (J) of the Immigration and Nationality Act for the purpose of participating in a program designed by the Secretary of State pursuant to the provisions of the Mutual Educational and Cultural Exchange Act of 1961, as amended, and continues to pursue such purpose, or is the spouse or a minor child of any such person;"

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"(7) He is a person who has entered the United States temporarily as a nonimmigrant under the provisions of section 101(a) (15) (F) of the Immigration and Nationality Act solely for the purpose of pursuing a full course of study at an established institution of learning or other recognized place of study in the United States, particularly designated by him and approved by the Attorney General after consultation with the Office of Education of the United States, and continues to pursue such purpose to the satisfaction of the Attorney General, or is the spouse or a minor child of any such person;"

(b) Paragraph (d) of section 1611.2 of Part 1611 is amended to read as follows:

"(d) Each alien who is in the category described in subparagraph (5) of paragraph (b) of this section must have in his possession and available for examination a visa or other official document issued to him by a diplomatic, consular, or immigration officer of the United States evidencing that he is within the United States pursuant to the provisions of section 101(a) (15) (J) of the Immigration and Nationality Act."

2. Section 1621.16 of Part 1621, Preparation for Classification., is amended to read as follows:

"§ 1621.16 Permit to depart from the United States.

"The Director of Selective Service, the State Director of Selective Service, or the local board may issue to a registrant a permit to depart from the continental United States, the State of Alaska, the State of Hawaii, Puerto Rico, the Virgin Islands, Guam, or the Canal Zone to any place which is not within any of those areas whenever the registrant's absence is not likely to interfere with the performance of his obligations under the Universal Military Training and Service Act, as amended. Such permit shall be issued by the completion of a Permit for Registrant to Depart from the United States (SSS Form No. 300)."

3. (a) Paragraph (a) of section 1622.1 of Part 1622, Classification Rides and Principles, is amended to read as follows:

"(a) The Universal Military Training and Service Act, as amended, provides that every male citizen of the United States, every male alien admitted to the United States for permanent residence, arid every male alien who has remained in the United States in' a status other than that of permanent resident for a period exceeding one year, who is between the ages of 18 years and 6 months and 26 years, shall be liable for training and service in the Armed Forces of the United States, and that persons who on June 19, 1951, or thereafter were deferred under the provisions of section 6(c) (2) (A) of such Act that were in effect prior to September 3,1963, shall remain liable for training and service until they attain the age of 28, and that persons who on June 19, 1951, were, or thereafter are, deferred under any other provision of section 6 of such Act shall remain liable for training and service until they attain the age of 35. Certain exemptions and deferments are specifically provided; others are authorized to be provided by regulations promulgated by the President."

(b) Section 1622.2 of Part 1622 is amended by deleting from the list of classes appearing therein "Class I-Y: Registrant qualified for military service only in time of war or national emergency." and inserting in lieu thereof "Class I-Y: Registrant not eligible for a lower class who would be qualified for military service in time of war or national emergency.".

(c) Paragraphs (a), (b), (e), and (f) of section 1622.13 of Part 1622 are amended to read as follows:

"(a) In Class I-D shall be placed any registrant who prior to attaining the age of 18 years and 6 months, and prior to September 3, 1963, became by enlistment or appointment a member of an organized unit of the Army National Guard or the Air National Guard. 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.

"(b) In Class I-D shall be placed any registrant who (1) has been selected for enrollment or continuance in the senior division, Reserve Officers' Training Corps, or the Air Reserve Officers' Training Corps, or the Naval Reserve Officers' Training Corps, or the Naval and Marine Corps officer candidate training program, or the Reserve officers' candidate program of the Navy, or the platoon leader's class of the Marine Corps. or the officer procurement programs of the Coast Guard and the Coast Guard Reserve, or is appointed an ensign, United States Naval Reserve, while undergoing professional training; (2) has agreed, in writing, to accept a commission, if tendered, and to serve subject to order of the Secretary of the military department having jurisdiction over him (or the Secretary of the Treasury with respect to the United States Coast Guard), not less than two years on active duty after receipt of a commission; and (3) has agreed to remain a member of a regular or reserve component until the sixth anniversary of his receipt of a commission. Such registrant shall remain eligible for Class I-D until completion or termination of the course of instruction and so long thereafter as he continues in a reserve status upon being commissioned except during any period he is eligible for Class I-C under the provisions of section 1622.12." *****

"(e) In Class I-D shall be placed any registrant who prior to August 1, 1963, enlisted for a period of eight years in a unit of the Ready Reserve of any reserve component of the Armed Forces 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 maybe.

"(f) In Class I-D shall be placed any registrant, other than a registrant referred to in paragraph (b) or (g) of this section, who prior to attaining the age of 26 years and prior to the issuance of orders for him to report for induction, enlists or accepts appointment on or after September 3, 1963, in the Ready Reserve of any reserve component of the Armed Forces, the Army National Guard, or the Air National Guard. Such registrant shall remain eligible for Class I-D so long as he serves satisfactorily as a member of an organized unit of such Ready Reserve or National Guard, or satisfactorily performs such other Ready Reserve service as may be prescribed by the Secretary of Defense, or serves satisfactorily as a member of another reserve component, the Army National Guard, or the Air National Guard, as the case may be."

(d) Section 1622.17 of Part 1622 is amended to read as follows:

"§ 1622.17 Class I-Y: Registrant not eligible for a lower class who would be qualified for military service in time of war or national emergency.

"In Class I-Y shall be placed any registrant who, under the provisions of section 1623.2 of this chapter, is not eligible for a lower class, and would be classified in Class I-A, Class I-A-O, or Class I-O but for the fact that he is found under applicable physical, mental, and moral standards to be not currently qualified for service in the Armed Forces and who would be qualified for such service in time of war or national emergency declared by the Congress."

(e) (1) Subparagraphs (1), (5), (6), (7), and (8) of paragraph (a) of section 1622.40 of Part 1622 are amended to read as follows:

"(1) A registrant who subsequent to September 16, 1940, was discharged or transferred to a reserve component of the Armed Forces for the convenience of the Government after having served honorably on active duty for a period of not less than six months in the Army, the Air Force, the Navy, the Marine Corps, or the Coast Guard." * * * * *

"(5) A registrant who after becoming a member of a unit of the Ready Reserve of a reserve component of the Armed Forces by enlistment prior to August 1, 1963, 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.

"(6) A registrant who after becoming a member of an organized unit of the Army National Guard or the Air National Guard by enlistment or appointment prior to attaining the age of 18 years and 6 months and prior to September 3, 1963, 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.

"(7) A registrant who after becoming a member of the Ready Reserve of any reserve component of the Armed Forces, the Army National Guard, or the Air National Guard by enlistment or appointment on or after September 3, 1963, and prior to attaining the age of 26 years, has served 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 six years (or eight years if so obligated under the provision of section 6(d) (1) of the Universal Military Training and Service Act, as amended) of such satisfactory service during which he has performed active duty for training with an armed force for not less than four consecutive months.

"(8) A registrant who after completion of six years of satisfactory service as a member of one or more reserve components of the Armed Forces has ceased to be a member of any reserve component of the Armed Forces."

(2) Subparagraph (9) of paragraph (a) of section 1622.40 is redesignated as subparagraph (10) and amended to read as follows:

"(10) A registrant who is the sole surviving son of a family of which the father or one or more sons or daughters were killed in action or died in line of duty while serving in the Armed Forces of the United States, or subsequently died as a result of injuries received or disease incurred during such service: Provided, That no registrant shall be placed or retained in Class IV-A under the provisions of this subparagraph (i) if he volunteers for induction, or (ii) during the period of a war or national emergency declared by the Congress after July 7, 1964."

(3) A new subparagraph (9) is added to paragraph (a) of section 1622.40 to read as follows:

"(9) A registrant, other than a registrant referred to in subparagraph (5) or (6) of this paragraph, who has completed six years of satisfactory service as a member of one or more of the Armed Forces including the reserve components thereof."

(f) Paragraph (a) of section 1622.44 of Part 1622 is amended to read as follows:

"(a) In Class IV-F shall be placed any registrant who is found under applicable physical, mental, and moral standards to be not qualified for any service in the Armed Forces either currently or in time of war or national emergency declared by the Congress."

(g) Paragraph (b) of section 1622.50 of Part 1622 is amended to read as follows:

"(b) In Class V-A shall be placed every registrant who has attained the twenty-eighth anniversary of the day of his birth except (1) those registrants who are in active military service in the Armed Forces and are in Class I-C, (2) those registrants who are performing civilian work contributing to the maintenance of the national health, safety, or interest in accordance with the order of the local board and are m Class I-W, (3) those registrants who have consented to induction, and (4) those registrants who on June 19, 1951, or at any time thereafter, were deferred under any provisions of section 6 of the Universal Military Training and Service Act, as amended, other than the provisions of subsection (c) (2) (A) of such section which were in effect prior to September 3, 1963. Except as is otherwise provided in this paragraph, registrants who prior to attaining the twenty-eighth anniversary of the day of their birth have been classified in some other class shall, as soon as practicable after attaining the twenty-eighth anniversary of the day of their birth, be reclassified into Class V-A."

4. Paragraph (b) of section 1623.1 of Part 1623, Classification Procedure, is amended by striking out "he has been separated from the armed forces of the United States and the local board determines that he may be classified properly without requiring him to complete and return a Classification Questionnaire (SSS Form No. 100), or (3)".

5. Paragraph (a) of section 1624.1 of Part 1624, Appearance Before Local Board, is amended to read as follows:

"(a) Every registrant after his classification is determined by the local board, except a classification which is determined upon an appearance before the local board under the provisions of this part, shall have an opportunity to appear in person before the member or members of the local board designated for the purpose if he files a written request therefor within 10 days after the local board has mailed a Notice of Classification (SSS Form No. 110) to him. Such 10-day period may not be extended."

6. Section 1627.3 of Part 1627, Appeal to the President, is amended to read as follows:

"§ 1627.3 Appeal to President.

"When a registrant has been classified by the appeal board and one or more members of the appeal board dissented from that classification, the registrant, any person who claims to be a dependent of the registrant, or any person who prior to the classification appealed from filed a written request for the current occupational deferment of the registrant may appeal to the President within 10 days after the mailing by the local board of the Notice of Classification (SSS Form No. 110) notifying the registrant of this classification by the appeal board. The local board may permit any person who is entitled to appeal to the President under this section to do so, even though the 10-day period for taking an appeal has elapsed, if it is satisfied that the failure of such person to appeal within such 10-day period was due to a lack of understanding of the right to appeal or to some other cause beyond the control of such person."

7. Paragraph (b) of section 1630.4 of Part 1630, Volunteers, is amended by adding the word "or" after the semicolon at the end thereof, paragraph (c) of section 1630.4 is revoked, and paragraph (d) is redesignated as paragraph (c).

8. Paragraph (a) of section 1631.8 of Part 1631, Quotas and Calls, is amended to read as follows:

"(a) Notwithstanding any other provision of the regulations in this chapter, any registrant enlisted or appointed after October 4, 1961, in the Ready Reserve of any reserve component of the Armed Forces (other than under section 511(b) of title 10, United States Code), the Army National Guard, or the Air National Guard, prior to attaining the age of 26 years, or any registrant enlisted or appointed in the Army National Guard or the Air National Guard prior to attaining the age of 18 years and 6 months and prior to September 3, 1963, and deferred under the provisions of section 6(c) (2) (A) of the Universal Military Training and Service Act, as amended, which were in effect prior to September 3, 1963, or any registrant enlisted in the Ready Reserve of any reserve component of the Armed Forces prior to attaining the age of 18 years and 6 months and prior to August 1, 1963, and deferred under section 262 of the Armed Forces Reserve Act of 1952, as amended, who fails to serve satisfactorily during his obligated period of service as a member of such Ready Reserve or National Guard or the Ready Reserve of another reserve component or the National Guard of which he becomes a member as certified by the respective armed force, shall be ordered to report for induction by the local board regardless of the class in which he is classified and without changing his classification. Any registrant who is ordered to report for induction under this paragraph shall be forwarded for induction at the next time the local board is forwarding other registrants for induction or at any prior time when special arrangements have been made with the induction station, without any calls being made for the delivery of such registrants. Whenever the local board desires to deliver such a registrant specially, it shall request the State Director of Selective Service to make the special arrangements for the time and place at which the registrant may be delivered for induction."

9. Sections 1642.12 and 1642.13 of Part 1642, Delinquents, are amended to read as follows:

"§ 1642.12 Classification of delinquent registrant.

"Any delinquent registrant between the ages of 18 years and 6 months and 26 years and any delinquent registrant between the ages of 26 and 28 who was deferred under the provisions of section 6(c) (2) (A) of the Universal Military Training and Service Act, as amended, which were in effect prior to September 3, 1963, and any delinquent registrant between the ages of 26 and 35 who on June 19, 1951, was, or thereafter has been or may be, deferred under any other provision of section 6 of such Act, including the provisions of subsection (c) (2) (A) in effect on and after September 3, 1963, may be classified in or reclassified into Class I-A or Class I-A-O, whichever is applicable, regardless of other circumstances: Provided, That a delinquent registrant who by reason of his service in the Armed Forces is eligible for classification into Class IV-A may not be classified in or reclassified into Class I-A or Class I-A-0 under this section unless such action is specifically authorized by the Director of Selective Service.

"§ 1642.13 Certain delinquents to be ordered to report for induction.

"The local board shall order each delinquent registrant between the ages of 18 years and 6 months and 26 years and each delinquent registrant between the ages of 26 and 28 who was deferred under the provisions of section 6(c) (2) (A) of the Universal Military Training and Service Act, as amended, which were in effect prior to September 3, 1963, and each delinquent registrant between the ages of 26 and 35 who on June 19, 1951, was, or thereafter has been or may be, deferred under any other provisions of section 6 of such Act, including the provisions of subsection (c) (2) (A) in effect on and after September 3, 1963. who is classified in or reclassified into Class I-A or Class I-A-0 to report for induction in the manner provided in section 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."

10. Part 1680. Selection of Certain Persons Who Have Critical Skills for Enlistment in Units of the Ready Reserve of the Armed Forces, is revoked.

LYNDON B. JOHNSON

The White House,

November 17, 1964.