[Title 32 CFR XVI]
[Code of Federal Regulations (annual edition) - July 1, 1997 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle B - Other Regulations Relating to National Defense]
[Chapter XVI - SELECTIVE SERVICE SYSTEM]
[From the U.S. Government Publishing Office]
32
NATIONAL DEFENSE
6
1997-07-01
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1997-07-01
SELECTIVE SERVICE SYSTEM
NATIONAL DEFENSE
Other Regulations Relating to National Defense
CHAPTER XVI--SELECTIVE SERVICE SYSTEM
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Part Page
1600-1601 [Reserved]
1602 Definitions................................. 334
1605 Selective Service System organization....... 335
1609 Uncompensated personnel..................... 341
1615 Administration of registration.............. 342
1618 Notice to registrants....................... 343
1621 Duty of registrants......................... 343
1624 Inductions.................................. 344
1627 Volunteers for induction.................... 348
1630 Classification rules........................ 348
1633 Administration of classification............ 354
1636 Classification of conscientious objectors... 357
1639 Classification of registrants preparing for
the Ministry............................ 361
1642 Classification of registrants deferred
because of hardship to dependents....... 362
1645 Classification of ministers of religion..... 364
1648 Classification by local board............... 366
1651 Classification by District Appeal Board..... 368
1653 Appeal to the President..................... 371
1656 Alternative service......................... 373
1657 Overseas registrant processing.............. 382
1659 Extraordinary expenses of registrants....... 383
1662 Freedom of Information Act (FOIA) procedures 383
1665 Privacy Act procedures...................... 387
1690 [Reserved]
1697 Salary offset............................... 393
1698 Advisory opinions........................... 397
1699 Enforcement of Nondiscrimination on the
Basis of Handicap in Programs or
Activities Conducted by Selective
Service System.......................... 398
Cross References: Regulation governing standards for discharge under the
Selective Service Act of 1948: See part 41 of this title.
[[Page 334]]
PARTS 1600-1601--[RESERVED]
PART 1602--DEFINITIONS--Table of Contents
Sec.
1602.1 Definitions to govern.
1602.2 Administrative classification.
1602.3 Aliens and Nationals.
1602.4 Area office.
1602.5 Area office staff.
1602.6 Board.
1602.7 Classification.
1602.8 Classifying authority.
1602.9 Computation of time.
1602.10 County.
1602.11 District appeal board.
1602.12 Governor.
1602.13 Judgmental classification.
1602.14 Local board.
1602.15 Local board of jurisdiction.
1602.16 MEPS.
1602.17 Military service.
1602.18 National Appeal Board.
1602.19 Numbers.
1602.20 Registrant.
1602.21 Selective Service Law.
1602.22 Singular and plural.
1602.23 State.
1602.24 Claim.
1602.25 Director.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq.; E.O. 11623.
Source: 42 FR 4643, Feb. 1, 1982, unless otherwise noted.
Sec. 1602.1 Definitions to govern.
The definitions contained in section 16 of the Military Selective
Service Act, and the definitions contained in this part shall govern in
the interpretation of the regulations of this chapter.
Sec. 1602.2 Administrative classification.
A reclassification action relating to a registrant's claim for Class
1-C, 1-D-D, 1-D-E, 1-H, 1-O-S, 1-W, 3-A-S, 4-A-A, 4-A, 4-B, 4-C, 4-F, 4-
G, 4-T, or 4-W. These classes shall be identified as administrative
classes.
[52 FR 24454, July 1, 1987]
Sec. 1602.3 Aliens and nationals.
(a) The term alien means any person who is not a citizen or national
of the United States.
(b) The term national of the United States means:
(1) A citizen of the United States, or
(2) A person, though not a citizen of the United States, who owes
allegiance to the United States.
Sec. 1602.4 Area office.
The Selective Service Office which is responsible for all
administrative and operational support for the one or more local boards
within its jurisdiction.
Sec. 1602.5 Area office staff.
The compensated employees, civilian and military, of the Selective
Service System employed in an area office will be referred to as the
area office staff.
Sec. 1602.6 Board.
The word board when used alone, unless the context otherwise
indicates, includes a local board, district appeal board, and the
National Appeal Board and panels thereof.
Sec. 1602.7 Classification.
Classification is the exercise of the power to determine claims or
questions with respect to inclusion for or exemption or deferment from
training and service under Selective Service Law.
Sec. 1602.8 Classifying authority.
The term classifying authority refers to any official or board who
is authorized in Sec. 1633.1 to classify a registrant.
Sec. 1602.9 Computation of time.
Unless otherwise specified the period of days allowed a registrant
or other person to perform any act or duty required of him shall be
counted as beginning on the day following that on which the notice is
issued.
Sec. 1602.10 County.
The word county includes, where applicable, counties, independent
cities, and similar subdivisions, such as the independent cities of
Virginia and the parishes of Louisiana.
Sec. 1602.11 District appeal board.
A district appeal board or a panel thereof of the Selective Service
System is a group of not less than three civilian members appointed by
the President to act on cases of registrants in
[[Page 335]]
accord with the provisions of part 1651 of this chapter.
[52 FR 24454, July 1, 1987]
Sec. 1602.12 Governor.
The word Governor includes, where applicable, the Governor of each
of the States of the United States, the Mayor of the District of
Columbia, the Governor of Puerto Rico, the Governor of the Virgin
Islands, and the Governor of Guam.
Sec. 1602.13 Judgmental Classification.
A classification action relating to a registrant's claim for Class
1-A-O, 1-O, 2-D, 3-A, or 4-D.
Sec. 1602.14 Local board.
A local board or a panel thereof of the Selective Service System is
a group of not less than three civilian members appointed by the
President after nomination by a Governor to act on cases of registrants
in accord with the provisions of part 1648 of this chapter.
[52 FR 24454, July 1, 1987]
Sec. 1602.15 Local board of jurisdiction.
The local board of jurisdiction is the local board to which a
registrant is assigned and which has authority, in accord with the
provisions of this chapter, to determine his claim or to issue to him an
order. His local board and registrant's local board refer to the local
board of jurisdiction.
[52 FR 24454, July 1, 1987]
Sec. 1602.16 MEPS.
A Military Entrance Processing Station is a military installation to
which registrants are ordered to report for examination or induction.
Sec. 1602.17 Military service.
The term military service includes service in the Army, the Navy,
the Air Force, the Marine Corps, and the Coast Guard.
Sec. 1602.18 National Appeal Board.
The National Appeal Board or a panel thereof of the Selective
Service System is a group of not less than three civilian members
appointed by the President to act on cases of registrants in accord with
the provisions of part 1653 of this chapter.
[52 FR 24454, July 1, 1987]
Sec. 1602.19 Numbers.
Cardinal numbers may be expressed by Arabic or Roman symbols.
Sec. 1602.20 Registrant.
A registrant is a person registered under the Selective Service Law.
Sec. 1602.21 Selective Service Law.
The term Selective Service Law includes the Military Selective
Service Act, all rules and regulations issued thereunder, and
Proclamations of the President pertaining to registration under that
Act.
Sec. 1602.22 Singular and plural.
Words importing the singular number shall include the plural number,
and words importing the plural number shall include the singular, except
where the context clearly indicates otherwise.
Sec. 1602.23 State.
The word State includes, where applicable, the several States of the
United States, the City of New York, the District of Columbia, Puerto
Rico, the Virgin Islands, and Guam.
Sec. 1602.24 Claim.
A claim is a request for postponement of induction or classification
into a class other than 1-A.
[52 FR 24454, July 1, 1987]
Sec. 1602.25 Director.
Director is the Director of Selective Service.
[52 FR 24454, July 1, 1987]
PART 1605--SELECTIVE SERVICE SYSTEM ORGANIZATION--Table of Contents
National Administration
Sec.
1605.1 Director of Selective Service.
1605.6 National Appeal Board.
Region Administration
1605.7 Region Manager.
[[Page 336]]
1605.8 Staff of Region Headquarters for Selective Service.
State Administration
1605.11 Governor.
1605.12 State Director of Selective Service.
1605.13 Staff of State Headquarters for Selective Service.
1605.14 State Director of Selective Service for New York City.
District Appeal Boards
1605.21 Area.
1605.22 Composition and appointment of district appeal boards.
1605.23 Designation.
1605.24 Jurisdiction.
1605.25 Disqualification.
1605.26 Organization and meetings.
1605.27 Minutes of meetings.
1605.28 Signing official papers.
Local Boards
1605.51 Area.
1605.52 Composition of local boards.
1605.53 Designation.
1605.54 Jurisdiction.
1605.55 Disqualification.
1605.56 Organization and meetings.
1605.58 Minutes of meetings.
1605.59 Signing official papers.
Area Office Administration
1605.60 Area.
1605.61 Staff of area offices for selective service.
Interpreters
1605.81 Interpreters.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq.; E.O. 11623.
Source: 47 FR 4644, Feb. 1, 1982, unless otherwise noted.
National Administration
Sec. 1605.1 Director of Selective Service.
The Director of Selective Service shall be responsible directly to
the President. The Director of Selective Service is hereby authorized
and directed:
(a) To prescribe such rules and regulations as he shall deem
necessary for the administration of the Selective Service System, the
conduct of its officers and employees, the distribution and performance
of its business, and the custody, use, and preservation of its records,
papers, and property.
(b) To issue such public notices, orders, and instructions, as shall
be necessary for carrying out the functions of the Selective Service
System.
(c) To obligate and authorize expenditures from funds appropriated
for carrying out the functions of the Selective Service System.
(d) To appoint and to fix, in accordance with provisions of chapter
51 and subchapter III of chapter 53 of title 5 U.S.C., relating to
classification and General Schedule pay rates, the compensation of such
officers, agents, and employees as shall be necessary for carrying out
the functions of the Selective Service System.
(e) To procure such space as he may deem necessary for carrying out
the functions of the Selective Service System by lease pursuant to
existing statutes.
(f) To obtain by purchase, loan, or gift such equipment, supplies,
printing, binding, and blankbook work for the Selective Service System
as he may deem necessary to carry out the functions of the Selective
Service System.
(g) To perform such other duties as shall be required of him under
the Selective Service Law or which may be delegated to him by the
President.
(h) To delegate any of his authority to such officers, agents, or
persons as he may designate and to provide for the subdelegation of any
such authority.
Sec. 1605.6 National Appeal Board.
(a) There is hereby created and established within the Selective
Service System a civilian agency of appeal which shall be known as the
National Appeal Board. The President shall appoint not less than three
members to the National Appeal Board, and he shall designate one member
as chairman.
(b) The President shall appoint members of the National Appeal Board
from among citizens of the United States who:
(1) Are not active or retired members of the Armed Forces or any
reserve component thereof;
(2) Have not served as a member of the National Appeal Board for a
period of more than five years;
(3) Are at least 18 years of age;
(4) Are able to devote sufficient time to duties of the Board; and
[[Page 337]]
(5) Are willing to fairly and uniformly apply Selective Service Law.
(c)(1) A majority of the members of the board shall constitute a
quorum for the transaction of business, and a majority of the members
present at any meeting at which a quorum is present, shall decide any
question.
(2) The National Appeal Board may sit en banc, or upon the request
of the Director or as determined by the chairman of the National Appeal
Board, in panels, each panel to consist of at least three members. The
Chairman of the National Appeal Board shall designate the members of
each panel and he shall designate one member of each panel as chairman.
A majority of the members of a panel shall constitute a quorum for the
transaction of business, and a majority of the members present at any
meeting at which a quorum is present, shall decide any question. Each
panel of the National Appeal Board shall have full authority to act on
all cases assigned to it.
(3) The National Appeal Board or a panel thereof shall hold meetings
in Washington, DC, and upon request of the Director or as determined by
the Chairman of the National Appeal Board, at any other place.
(d) The National Appeal Board or panel thereof shall classify each
registrant whose classification has been appealed to the President under
part 1653 of this chapter.
(e) No member of the National Appeal Board shall act on the case of
a registrant who is the member's first cousin or closer relation either
by blood, marriage, or adoption, or who is the member's employer,
employee or fellow employee or stands in the relationship of superior or
subordinate of the member in connection with any employment, or is a
partner or close business associate of the member, or is a fellow member
or employee of the National Appeal Board. A member of the National
Appeal Board must disqualify himself in any matter in which we would be
restricted for any reason in making an impartial decision.
(f) Each member of the National Appeal Board while on the business
of the National Appeal Board away from his home or regular place of
business shall receive actual travel expenses and per diem in lieu of
subsistence in accordance with rates established by Federal Travel
Regulations.
(g) The Director shall pay the expenses of the members of the
National Appeal Board in accord with applicable Federal Travel
Regulations and shall furnish that Board and its panels necessary
personnel, suitable office space, necessary facilities and services.
[52 FR 8890, Mar. 20, 1987]
Region Administration
Sec. 1605.7 Region Manager.
(a) Subject to the direction and control of the Director of
Selective Service, the Region Manager of Selective Service for each
region shall be in immediate charge of the Region Headquarters and shall
be responsible for carrying out the region functions of the Selective
Service System in the various States assigned to the region.
(b) The Region Manager will perform such duties as are prescribed by
the Director of Selective Service.
Sec. 1605.8 Staff of Region Headquarters for Selective Service.
(a) Subject to applicable law, and within the limits of available
funds, the staff of each region for Selective Service shall consist of
as many officers, either military or civilian, as shall be authorized by
the Director of Selective Service.
(b) In accordance with limitations imposed by the Director of
Selective Service, the Region Manager is authorized to appoint such
civilian personnel as he considers are required in the operation of the
Region Headquarters.
State Administration
Sec. 1605.11 Governor.
The Governor is authorized to recommend a person to be appointed by
the President as State Director of Selective Service for his State, who
shall represent the Governor in all Selective Service matters.
Sec. 1605.12 State Director of Selective Service.
(a) The State Director of Selective Service for each State, subject
to the direction and control of the Director of
[[Page 338]]
Selective Service, shall be in immediate charge of the State
Headquarters for Selective Service in his State. The State Headquarters
for Selective Service shall be an office of record for Selective Service
operations only, and no records other than Selective Service records
shall be maintained in such office.
(b) The State Director of Selective Service will perform such duties
as are prescribed by the Director of Selective Service.
Sec. 1605.13 Staff of State Headquarters for Selective Service.
(a) Subject to applicable law and within the limits of available
funds, the staff of each State Headquarters for Selective Service shall
consist of as many officers, either military or civilian, as shall be
authorized by the Director of Selective Service.
(b) In accordance with limitations imposed by the Director of
Selective Service, the State Director of Selective Service is authorized
to appoint such civilian personnel as he considers are required in the
operation of the State Headquarters for Selective Service.
Sec. 1605.14 State Director of Selective Service for New York City.
The Governor of the State of New York is authorized to recommend a
person to be appointed by the President as State Director of Selective
Service for New York City, who shall represent the Governor in all
Selective Service matters within the City of New York. Subject to the
direction and control of the Director of Selective Service, the State
Director of Selective Service for New York City shall be in immediate
charge of the State Headquarters for Selective Service for New York City
and shall perform such duties as are prescribed by the Director of
Selective Service. The State Director of Selective Service for the State
of New York shall have no jurisdiction in Selective Service matters
within the City of New York. The State headquarters of Selective Service
for New York City shall be an office of record for Selective Service
operations only, and no records other than Selective Service records
shall be maintained in such office.
District Appeal Boards
Sec. 1605.21 Area.
The Director of Selective Service shall establish one or more
district appeal boards in each of the Federal Judicial Districts in the
several states of the United States, the District of Columbia, Guam,
Puerto Rico, and the Virgin Islands. The Director of Selective Service
may establish panels of appeal boards.
Sec. 1605.22 Composition and appointment of district appeal boards.
The Director of Selective Service will prescribe the number of
members for the district appeal boards. The President shall appoint
members of district appeal boards from among citizens of the United
States who are residents of the area for which the respective boards
have jurisdiction. The Director of Selective Service shall furnish
necessary personnel, suitable office space, facilities and services to
support each district appeal board.
Sec. 1605.23 Designation.
The Director of Selective Service shall assign each district appeal
board within a Federal Judicial District a specific identification by
which it shall be known. If a district appeal board consists of more
than one panel, each panel shall have a specific identifying number.
Such numbers shall be assigned in numerical sequence beginning with
numeral 1.
Sec. 1605.24 Jurisdiction.
The district appeal board shall have jurisdiction to review and to
affirm or change any local board decision appealed to it when:
(a) An appeal is submitted by a registrant from a local board in its
area; or
(b) An appeal is submitted to it from a local board not in the
appeal board area by a registrant whose principal place of employment or
residence is located within the jurisdiction of the appeal board; or
(c) An appeal is submitted or transferred to it by the Director of
Selective Service to assure the fair and equitable administration of the
Law.
[[Page 339]]
Sec. 1605.25 Disqualification.
(a) No member of a district appeal board shall act on the case of a
registrant who is the member's first cousin or closer relation, either
by blood, marriage, or adoption, or who is the member's employer,
employee, or fellow employee, or stands in the relationship of superior
or subordinate of the member in connection with any employment, or is a
partner or close business associate of the member, or is a fellow member
or employee of the board.
(b) A member of a district appeal board must disqualify himself in
any matter in which he would be restricted for any reason in making an
impartial decision.
(c) Whenever a quorum of the district appeal board or a panel
thereof cannot act on the cae of a registrant that it has been assigned,
and there is no other panel of the district appeal board to which the
case may be transferred, the district appeal board shall transmit such
case to the director of Selective Service for transfer to another
district appeal board.
Sec. 1605.26 Organization and meetings.
Each district appeal board, or panel thereof, shall elect a chairman
and a vice-chairman at least every two years. A majority of the members
of the board when present at any meeting shall constitute a quorum for
the transaction of business. A majority of the members present at any
meeting at which a quorum is present shall decide any question. Every
member, unless disqualified, shall vote on every question or
classification. In case of a tie vote on a question or classification,
the board shall postpone action until the next meeting. If the question
or classification remains unresolved at the next meeting, the file will
be transferred for classification in accord with Sec. 1605.25(c). If any
member is absent so long as to hamper the work of the board, the
chairman, a member of the board or panel concerned, or an area office
employee shall report that fact to the Director of Selective Service and
such action as appropriate shall be taken. If, through death,
resignation, or other causes, the membership of the board falls below
the prescribed number of members, the board or panel shall continue to
function, provided a quorum of the prescribed membership is present at
each official meeting.
Sec. 1605.27 Minutes of meetings.
A Selective Service compensated employee will keep the minutes of
each appeal board meeting. In the absence of a compensated employee the
minutes will be kept by an appeal board member.
Sec. 1605.28 Signing official papers.
Official documents issued and minutes of meetings maintained by a
district appeal board may be signed by any member of the board, or by
any compensated employee of the Selective Service System authorized to
perform administrative duties for the board, except when otherwise
prescribed by the Director of Selective Service.
Local Boards
Sec. 1605.51 Area.
(a) The Director of Selective Service shall divide each State into
local board areas and establish local boards. There shall be at least
one local board in each county except where the Director of Selective
Service establishes an intercounty board. When more than one local board
is established within the same geographical jurisdiction, registrants
residing in that area will be assigned among the boards as prescribed by
the Director of Selective Service. The Director of Selective Service may
establish panels of local boards.
(b) [Reserved]
[47 FR 4644, Feb. 1, 1982, as amended at 52 FR 24454, July 1, 1987]
Sec. 1605.52 Composition of local boards.
The Director of Selective Service shall prescribe the number of
members of local boards.
Sec. 1605.53 Designation.
The Director of Selective Service shall assign each local board
within a State a specific identifying number by which it shall be known.
Such identifying numbers shall be assigned in numerical sequence
beginning with the numeral 1.
[[Page 340]]
Sec. 1605.54 Jurisdiction.
The local board shall have full authority to perform all acts within
its jurisdiction authorized by law, to include the acting on any claim
presented to it when:
(a) The claim is submitted by a registrant who is assigned to it; or
(b) The claim is transferred to it from another board in the manner
provided in these regulations; or
(c) The claim is submitted or tranferred to it by the Director of
Selective Service to assure the fair and equitable administration of the
Law.
Sec. 1605.55 Disqualification.
(a) No member of a local board shall act on the case of a registrant
who is the member's first cousin or closer relation, either by blood,
marriage, or adoption, or who is the member's employer, employee, or
fellow employee, or stands in the relationship of superior or
subordinate of the member in connection with any employment, or is a
partner or close business associate of the member, or a fellow member or
employee of the area office.
(b) A member of the local board must disqualify himself in any
matter in which he would be restricted, for any reason, in making an
impartial decision.
(c) Whenever a quorum of a local board cannot act on the case of a
registrant, the area office supervisor shall cause such case to be
transferred to another board within the area office. In those instances
where only one board exists in an area office, the case should be
transmitted to the nearest area office for transfer to a board under its
jurisdiction.
Sec. 1605.56 Organization and meetings.
Each local board shall elect a chairman and vice-chairman at least
every two years. A majority of the membership of the board shall
constitute a quorum for the transaction of business. A majority of the
members present at any meeting at which a quorum is present shall decide
any question or classification. Every member present, unless
disqualified, shall vote on every question or classification. In case of
a tie vote on any question or classification, the board shall postpone
action on the question or classification until it can be decided by a
majority vote at the next meeting. If the question or classification
remains unresolved at the next meeting, the file will be transferred for
classification in accord with Sec. 1605.55(c). If any member is absent
so long as to hamper the work of the board, the chairman, a member of
the board, or a Selective Service compensated employee shall report that
fact to the Director of Selective Service and appropriate action shall
be taken. If through death, resignation, or other cause, the membership
of a board falls below the prescribed number, it shall continue to
function provided a quorum of the prescribed membership is present at
each official meeting.
Sec. 1605.58 Minutes of meetings.
A compensated employee of the appropriate area office will keep the
minutes of each meeting of a local board. In the absence of a
compensated employee the minutes will be kept by a board member.
Sec. 1605.59 Signing official papers.
Official papers issued by a local board may be signed by any member
of the board or compensated employee of the area office, or any
compensated employee of the Selective Service System whose official
duties require him to perform administrative duties at the area office
except when otherwise prescribed by the Director of Selective Service.
Area Office Administration
Sec. 1605.60 Area.
(a) The Director of Selective Service shall prescribe the number of
area offices to be established and shall define the boundaries thereof.
(b) The area office shall be an office of record and responsible for
all administrative and operational support of the one or more local
boards within its jurisdiction.
Sec. 1605.61 Staff of area offices for selective service.
Subject to applicable law and within the limits of available funds,
the staff of each area office shall consist of as many compensated
employees, either
[[Page 341]]
military or civilian, as shall be authorized by the Director of
Selective Service.
Interpreters
Sec. 1605.81 Interpreters.
(a) The local board, district appeal board and the National
Selective Service Appeal Board are authorized to use interpreters when
necessary.
(b) The following oath shall be administered by a member of the
board or a compensated employee of the System to an interpreter each
time he or she interprets:
Do you swear (or affirm) that you will truly interpret in the matter
now in hearing?
(c) Any interpreter who fails to respond in the affirmative shall
not be permitted to function in this capacity.
[47 FR 4644, Feb. 1, 1982, as amended at 52 FR 24454, July 1, 1987]
PART 1609--UNCOMPENSATED PERSONNEL--Table of Contents
Sec.
1609.1 Uncompensated positions.
1609.2 Citizenship.
1609.3 Eligibility.
1609.4 Oath of office.
1609.5 Suspension.
1609.6 Removal.
1609.7 Use of information.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq; E.O. 11623.
Source: 47 FR 4647, Feb. 1, 1982, unless otherwise noted.
Sec. 1609.1 Uncompensated positions.
Members of civilian review boards, local boards, and district appeal
boards and all other persons volunteering their services to assist in
the administration of the Selective Service Law shall be uncompensated.
No person serving without compensation shall accept remuneration from
any source for services rendered in connection with Selective Service
matters.
[52 FR 24454, July 1, 1987]
Sec. 1609.2 Citizenship.
No person shall be appointed to any uncompensated position in the
Selective Service System who is not a citizen of the United States.
Sec. 1609.3 Eligibility.
(a) The President, upon the recommendation of the respective
Governors, will consider for appointment as a member of a local board,
any person who:
(1) Is within the age limits prescribed by the Military Selective
Service Act; and
(2) Is a citizen of the United States; and
(3) Is a resident of the county in which the local board has
jurisdiction; and
(4) Is not an active or retired member of the Armed Forces or any
reserve component thereof; and
(5) Has not served as a member of a Selective Service board for a
period of more than 20 years; and
(6) Is able to perform such duties as necessary during standby
status; and
(7) Is able to devote sufficient time to board affairs; and
(8) Is willing to fairly and uniformly apply Selective Service Law.
(b) The President, upon the recommendation of the Director of
Selective Service, will consider for appointment as a member of a
district appeal board any person who:
(1) Is within the age limits prescribed by the Military Selective
Service Act; and
(2) Is a citizen of the United States; and
(3) Is a resident of the Federal Judicial District in which the
district appeal board has jurisdiction; and
(4) Is not an active or retired member of the Armed Forces or any
reserve component thereof; and
(5) Has not served as a member of a Selective Service board for a
period of more than 20 years; and
(6) Is able to perform such duties as necessary during standby
status; and
(7) Is able to devote sufficient time to the district appeal board
affairs; and
(8) Is willing to fairly and uniformly apply Selective Service Law.
[[Page 342]]
Sec. 1609.4 Oath of office.
Every person who undertakes to render voluntary uncompensated
service in the administration of the Selective Service Law shall execute
an Oath of Office and Waiver of Pay before he enters upon his duties.
Sec. 1609.5 Suspension.
The Director of Selective Service may suspend from duty any
uncompensated person engaged in the administration of the Selective
Service Law pending his consideration of the advisability of removing
such person.
Sec. 1609.6 Removal.
(a) The Director of Selective Service may remove any uncompensated
person engaged in the administration of the Selective Service Law.
(b) The Governor may recommend to the Director of Selective Service
the removal, for cause, of the State Director or any uncompensated
person engaged in the administration of the Selective Service Law in his
State. The Director of Selective Service shall make such investigation
of the Governor's recommendation as he deems necessary, and upon
completion of his investigation, he shall take such action as he deems
proper.
Sec. 1609.7 Use of information.
Any information or records obtained by compensated or uncompensated
personnel during the performance of their official duties, including
proceedings before the boards, shall be restricted to official use by
the personnel of the Selective Service System except as specifically
authorized by law.
PART 1615--ADMINISTRATION OF REGISTRATION--Table of Contents
Sec.
1615.1 Registration.
1615.2 Responsibility of Director of Selective Service in registration.
1615.3 Registration procedures.
1615.4 Duty of persons required to register.
1615.5 Persons not to be registered.
1615.6 Selective service number.
1615.7 Evidence of registration.
1615.8 Cancellation of registration.
1615.9 Registration card or form.
Authority: Military Selective Service Act, 50 U.S.C. app. 451 et
seq. and E.O. 11623.
Source: 45 FR 48130, July 18, 1980, unless otherwise noted.
Sec. 1615.1 Registration.
(a) Registration under selective service law consists of:
(1) Completing of the Registration Card prescribed by the Director
of Selective Service by a person required to register and
(2) The recording of the information furnished by the registrant on
his Registration Card in the records (master computer file) of the
Selective Service System. Registration is completed when both of these
actions have been accomplished.
(b) The Director of Selective Service will furnish to each
registrant a verification notice that includes a copy of the information
pertaining to his registration that has been recorded in the records of
the Selective Service System together with a correction form. If the
information is correct, the registrant should take no action. If the
information is incorrect, the registrant should forthwith furnish the
correct information to the Director of Selective Service. If the
registrant does not receive the verification notice within 90 days after
he completed a Registration Card, he shall advise in writing the
Selective Service System, 600 E Street, NW., Washington, DC 20435, of
the applicable facts.
Sec. 1615.2 Responsibility of Director of Selective Service in registration.
Whenever the President by proclamation or other public notice fixes
a day or days for registration, the Director of Selective Service shall
take the necessary steps to prepare for registration and, on the day or
days fixed, shall supervise the registration of those persons required
to present themselves for and submit to registration. The Director of
Selective Service shall also arrange for and supervise the registration
of those persons who present themselves for registration at times other
than on the day or days fixed for any registration.
[[Page 343]]
Sec. 1615.3 Registration procedures.
Persons required by selective service law and the Proclamation of
the President to register shall be registered in accord with procedures
prescribed by the Director of Selective Service.
Sec. 1615.4 Duty of persons required to register.
A person required by selective service law to register has the duty.
(a) To complete the Registration Card prescribed by the Director of
Selective Service and to record thereon his name, date of birth, sex,
Social Security Account Number (SSAN), current mailing address,
permanent residence, telephone number, date signed, and signature; and
(b) To submit for inspection evidence of his identity at the time he
submits his completed Registration Card to a person authorized to accept
it. Evidence of identity may be a birth certificate, motor vehicle
operator's license, student's identification card, United States
Passport, or a similar document.
Sec. 1615.5 Persons not to be registered.
No person who is not required by selective service law or the
Proclamation of the President to register shall be registered.
Sec. 1615.6 Selective service number.
Every registrant shall be given a selective service number. The
Social Security Account Number will not be used for this purpose.
Sec. 1615.7 Evidence of registration.
The Director of Selective Service Shall issue to each registrant
written evidence of his registration. The Director of Selective Service
will replace that evidence upon written request of the registrant, but
such request will not be granted more often than once in any period of
six months.
Sec. 1615.8 Cancellation of registration.
The Director of Selective Service may cancel the registration of any
particular registrant or of a registrant who comes within a specified
group of registrants.
Sec. 1615.9 Registration card or form.
For the purposes of these regulations, the terms Registration Card
and Registration Form are synonomous.
PART 1618--NOTICE TO REGISTRANTS--Table of Contents
Sec.
1618.1 Abandonment of rights or privileges.
1618.2 Filing of documents.
1618.4 Transmission of orders and other official papers to registrants.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq.; E.O. 11623.
Source: 47 FR 4648, Feb. 1, 1982, unless otherwise noted.
Sec. 1618.1 Abandonment of rights or privileges.
If a registrant fails to claim and exercise any right or privilege
within the required time, he shall be deemed to have abandoned the right
or privilege unless the Director of Selective Service, for good cause,
waives the time limit.
Sec. 1618.2 Filing of documents.
A document other than a registration card received by an element of
the Selective Service System will be considered to have been filed on
the date that it is received: Provided, That a document that is received
which was transmitted by the United States Postal Service (USPS) and was
enclosed in a cover that bears a legible USPS postmark date will be
deemed to have been received on that date.
Sec. 1618.4 Transmission of orders and other official papers to registrants.
Personnel of the Selective Service System will transmit orders or
other official papers addressed to a registrant by handing them to him
personally or mailing them to him to the current mailing address last
reported by him in writing to the Selective Service System.
PART 1621--DUTY OF REGISTRANTS--Table of Contents
Sec.
1621.1 Reporting by registrants of their current status.
1621.2 Duty to report for and submit to induction.
[[Page 344]]
1621.3 Duty to report for and submit to examination.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq.; E.O. 11623.
Sec. 1621.1 Reporting by registrants of their current status.
Until otherwise notified by the Director of Selective Service, it is
the duty of every registrant who registered after July 1, 1980:
(a) To notify the System within 10 days of any change in the
following items of information that he provided on his registration
form: name, current mailing address and permanent residence address; and
(b) To submit to the classifying authority, all information
concerning his status within 10 days after the date on which the
classifying authority mails him a request therefor, or within such
longer period as may be fixed by the classifying authority; and
(c) Who has a postponement of induction, or has been deferred or
exempted from training and service, to notify the System immediately of
any changes in facts or circumstances relating to the postponement,
deferment or exemption; and
(d) Who has a postponement of examination, to notify the System
immediately of any changes in facts or circumstances relating to the
postponement.
[52 FR 24454, July 1, 1987]
Sec. 1621.2 Duty to report for and submit to induction.
When the Director of Selective Service orders a registrant for
induction, it shall be the duty of the registrant to report for and
submit to induction at the time and place ordered unless the order has
been canceled. If the time when the registrant is ordered to report for
induction is postponed, it shall be the continuing duty of the
registrant to report for and submit to induction at such time and place
as he may be reordered. Regardless of the time when or the circumstances
under which a registrant fails to report for induction when it is his
duty to do so, it shall thereafter be his continuing duty from day to
day to report for and submit to induction at the place specified in the
order to report for induction.
[47 FR 4648, Feb. 1, 1982]
Sec. 1621.3 Duty to report for and submit to examination.
When the Director orders a registrant for examination, it shall be
the duty of the registrant to report for and submit to examination at
the time and place ordered unless the order has been canceled. If the
time when the registrant is ordered to report for examination is
postponed, it shall be the continuing duty of the registrant to report
for and submit to examination at such time and place as he may be
reordered. Regardless of the time when, or the circumstances under which
a registrant fails to report for examination when it is his duty to do
so, it shall thereafter be his continuing duty from day to day to report
for and submit to examination at the place specified in the order to
report for examination.
[52 FR 8890, Mar. 20, 1987]
PART 1624--INDUCTIONS--Table of Contents
Sec.
1624.1 Random selection procedures for induction.
1624.2 Issuance of induction orders.
1624.3 Age selection groups.
1624.4 Selection and/or rescheduling of registrants for induction.
1624.5 Order to report for induction.
1624.6 Postponement of induction.
1624.7 Expiration of deferment or exemption.
1624.8 Transfer for induction.
1624.9 Induction into the Armed Forces.
1624.10 Order to report for examination.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq.: E.O. 11623.
Source: 47 FR 4648, Feb. 1, 1982, unless otherwise noted.
Sec. 1624.1 Random selection procedures for induction.
(a) The Director of Selective Service shall from time to time
establish a random selection sequence for induction by a drawing to be
conducted in the place and on a date the Director shall fix. The random
selection method shall use 365 days, or when appropriate, 366 days to
represent the birthdays (month and day only) of all registrants who,
during the specified calendar year(s)
[[Page 345]]
attain their 18th year of birth. The drawing, commencing with the first
day selected, and continuing until all 365 days or, when appropriate 366
days are drawn, shall be accomplished impartially. The random sequence
number thus determined for any registrant shall apply to him so long as
he remains subject to induction for military training and service by
random selection.
(b) The date of birth of the registrant that appears on his
Selective Service Registration Record on the day before the lottery is
conducted to establish his random selection sequence will be conclusive
as to his date of birth in all matters pertaining to his relations with
the Selective Service System.
Sec. 1624.2 Issuance of induction orders.
The Director of Selective Service, upon receipt of a call from the
Secretary of Defense for persons to be inducted into the Armed Forces in
accord with Sec. 1624.4, shall issue orders to report for induction to
registrants whose registration records are in the master computer file
at the beginning of any day on which orders are issued. Orders shall be
issued in such numbers and at such times as will assure that such call
or requisition is filled. The names contained in the Selective Service
System data base on a given day will constitute the valid list of
registrants from which induction orders can be issued on that day.
Sec. 1624.3 Age selection groups.
Age selection groups are established as follows:
(a) The age 20 selection group for each calendar year consists of
registrants who have attained or will attain the age of 20 in that year.
(b) The age 21 selection group for each calendar year consists of
registrants who have attained or will attain the age of 21 in that year
and, in like manner, each age selection group will be so designated
through age group 25.
(c) The age 26 through 34 selection groups consist of registrants
who meet the following three criteria:
(1) They have attained or will attain the age of 26 through 34,
respectively, during the calendar year; and
(2) They have been previously ordered to report for induction but
have not been inducted; and
(3) They have been classified in one of the following classes:
(i) Class 1-D-D.
(ii) Class 2-D.
(iii) Class 3-A.
(iv) Class 4-B.
(v) Class 4-F.
(d) The age 19 selection group for each calendar year consists of
registrants who have attained the age of 19 in that year.
(e) The age 18 selection group shall consist of registrants who have
attained the age of 18 years and six 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.
Sec. 1624.4 Selection and/or rescheduling of registrants for induction.
A registrant in Class 1-A or a registrant subsequently classified 1-
A-0 shall be selected and ordered or rescheduled to report for induction
in the following categories and in the order indicated: Provided, That a
registrant who has been identified in accord with the procedures
prescribed by the Director of Selective Service as one who will become a
member of one of the following categories on the next January 1, may,
prior to January 1, be selected and ordered to report for induction on a
date after January 1 as a member of such category.
(a) Volunteers for induction in the order in which they volunteered.
(b) Registrants whose postponements have expired in the order of
expiration.
(c) Registrants who previously have been ordered to report for
induction and whose exemptions or deferments have expired, in the order
of their random sequence number (RSN) established by random selection
procedures in accord with Sec. 1624.1
(d) Registrants in the age 20 selection group for the current
calendar year in the order of their random sequence number (RSN)
established by random selection procedures in accord with Sec. 1624.1.
(e) Registrants in each succeeding age selection group commencing
with age 21 selection group and terminating
[[Page 346]]
with the age 34 selection group, in turn, within the group, in the order
of their random sequence number (RSN) established by random selection
procedures in accord with Sec. 1624.1.
(f) Registrants in the age 19 selection group for the current
calendar year in the order of their random sequence number (RSN)
established by random selection procedures in accord with Sec. 1624.1.
(g) Registrants in the age 18 year and six months selection group
and who have not attained the age of 19 in the order of their date of
birth with the oldest being selected first.
[47 FR 4648, Feb. 1, 1982, as amended at 52 FR 24455, July 1, 1987]
Sec. 1624.5 Order to report for induction.
(a) Immediately upon determining which persons are to be ordered for
induction, the Director of Selective Service shall issue to each person
selected an Order to Report for Induction. The order will be sent to the
current address most recently provided by the registrant to the
Selective Service System. The date specified to report for induction
shall be at least 10 days after the date on which the Order to Report
for Induction is issued. The filing of a claim for reclassification in
accord with Sec. 1633.2 of this chapter delays the date the registrant
is required to report for induction until not earlier than the tenth day
after the claim is determined to have been abandoned or is finally
determined is finally determined in accord with the provisions of this
chapter. A claim is finally determined when the registrant does not have
the right to appeal the last classification action with respect to the
claim or he fails to exercise his right to appeal.
(b) Any person who has been ordered for induction who is distant
from the address to which the order was sent must either report at the
time and place specified in the order, or voluntarily submit himself for
induction processing at another MEPS on or before the day that he was
required to report in accordance with his induction order.
(c) The Director of Selective Service may direct the cancellation of
any Order to Report for Induction at any time.
(d) Any Order to Report for Induction issued by the Director of
Selective Service to a registrant who is an alien, who has not resided
in the United States for one year will be void. Such order will be
deemed only to be an order to produce evidence of his status. When an
alien registrant has been within the United States for two or more
periods (including periods before his registration) and the total of
such periods equals one year, he shall be deemed to have resided in the
United States for one year. In computing the length of such periods, any
portion of one day shall be counted as a day. Upon establishing a one
year residency, the alien registrant will be assigned to the age
selection group corresponding to his age.
[47 FR 4648, Feb. 1, 1982, as amended at 52 FR 24455, July 1, 1987]
Sec. 1624.6 Postponement of induction.
(a) [Reserved]
(b) In the case of the death of a member of the registrant's
immediate family, extreme emergency involving a member of the
registrant's immediate family, serious illness or injury of the
registrant, or other emergency beyond the registrant's control, the
Director, after the Order to Report for Induction has been issued, may
postpone for a specific time the date when such registrant shall be
required to report. The period of postponement shall not exceed 60 days
from the date of the induction order. When necessary, the Director may
grant one further postponement, but the total postponement shall not
exceed 90 days from the reporting date on the induction order.
(c)(1) Any registrant who is satisfactorily pursuing a full-time
course of instruction at a high school or similar institution of
learning and is issued an order to report for induction shall, upon
presentation of appropriate facts in the manner prescribed by the
Director of Selective Service, have his induction postponed:
(i) Until the time of his graduation therefrom; or
(ii) Until he attains the twentieth anniversary of his birth; or
[[Page 347]]
(iii) Until the end of his last academic year, even if he has
attained the twentieth anniversary of his birth; or
(iv) Until he ceases satisfactorily to pursue such course of
instruction, whichever is the earliest.
(2) Any registrant who, while satisfactorily pursuing a full-time
course of instruction at a college, university, or similar institution
of learning, is ordered to report for induction shall, upon the
presentation of appropriate facts in the manner prescribed by the
Director of Selective Service, have his induction postponed:
(i) Until the end of the semester or term, or in the case of his
last academic year, the end of the academic year; or
(ii) Until he ceases to satisfactorily pursue such course of
instruction, whichever is the earlier.
(3) A postponement authorized by this subsection may be terminated
by the Director of Selective Service for cause upon no less than 10 days
notice to the registrant.
(d) The Director of Selective Service may authorize a delay of
induction for any registrant whose date of induction conflicts with a
religious holiday historically observed by a recognized church,
religious sect or religious organization of which he is a member. Any
registrant so delayed shall report for induction on the next business
day following the religious holiday.
(e) [Reserved]
(f) The Director of Selective Service may authorize a postponement
of induction to a registrant when:
(1) The registrant qualifies and is scheduled for a State or
National examination in a profession or occupation which requires
certification before being authorized to engage in the practice of that
profession or occupation; or
(2) The registrant has been accepted in the next succeeding class as
a cadet at the U.S. Military Academy, or the U.S. Air Force Academy, or
the U.S. Coast Guard Academy; or as a midshipman at the U.S. Naval
Academy, or the U.S. Merchant Marine Academy; or
(3) The registrant is a ROTC applicant who has been designated to
participate in the next succeeding ROTC field training program prior to
enrollment in the ROTC; or
(4) The registrant has been accepted as a ROTC scholarship student
in the next succeeding ROTC program at a college or university.
(g) The Director of Selective Service shall issue to each registrant
whose induction is postponed a written notice thereof.
(h) No registrant whose induction has been postponed shall be
inducted into the Armed Forces during the period of any such
postponement. A postponement of induction shall not render invalid the
Order to Report for Induction which has been issued to the registrant,
but shall operate only to postpone the reporting date, and the
registrant shall report on the new date scheduled without having issued
to him a new Order to Report for Induction.
(i) Any registrant receiving a postponement under the provisions of
this section, shall, after the expiration of such postponement, be
rescheduled to report for induction at the place to which he was
originally ordered.
(j) The initial determination of claims for all postponements is
made by area office compensated personnel. After a denial of a claim for
a student postponement, the registrant may request the local board to
consider the claim. Such registrant shall be afforded an opportunity to
appeal before the board in accord with the procedures of Secs. 1648.4
and 1648.5.
[47 FR 4648, Feb. 1, 1982, as amended at 52 FR 24455, July 1, 1987]
Sec. 1624.7 Expiration of deferment or exemption.
The Director shall issue an Order to Report for Induction to a
registrant who is liable for induction whenever his deferment or
exemption expires.
[52 FR 24455, July 1, 1987]
Sec. 1624.8 Transfer for induction.
The Director of Selective Service may direct that a registrant or
registrants in a specified group of registrants be transferred for
induction to such MEPS as he may designate.
[[Page 348]]
Sec. 1624.9 Induction into the Armed Forces.
Registrants in classes 1-A and 1-A-0, who have been ordered for
induction and found qualified under standards prescribed by the
Secretary of Defense, will be inducted at the MEPS into the Armed
Forces.
Sec. 1624.10 Order to report for examination.
(a) The Director of Selective Service may order any registrant in
Class 1-A who has filed a claim for classification in a class other than
Class 1-A or whose induction has been postponed, to report for an Armed
Forces examination to determine acceptability for military service. The
date specified to report for examination shall be at least 7 days after
the date on which the Order to Report for Examination is issued. Such
registrant will not be inducted until his claim for reclassification has
been decided or abandoned.
(b) The reporting date for examination may be postponed for any
reason a reporting date for induction may be postponed in accord with
Sec. 1624.6 (b), (d) or (f)(1).
(c) If a registrant fails to report for or complete an examination,
the local board will determine that he has abandoned his claim.
(d) If a registrant is determined not acceptable for military
service, he will be reclassified in Class 4-F.
(e) If a registrant is determined acceptable for military service,
the processing of his claim will be completed.
[52 FR 24455, July 1, 1987]
PART 1627--VOLUNTEERS FOR INDUCTION--Table of Contents
Sec.
1627.1 Who may volunteer.
1627.2 Registration of volunteers.
1627.3 Classification of volunteers.
Authority: Military Selective Service Act, 50 U.S.C. App 451 et
seq.: E.O. 11623.
Source: 47 FR 4650, Feb. 1, 1982, unless otherwise noted.
Sec. 1627.1 Who may volunteer.
Any registrant who has attained the age of 17 years, who has not
attained the age of 26 years, and who has not completed his active duty
obligation under the Military Selective Service Act, when inductions are
authorized, may volunteer for induction into the Armed Forces unless he;
(a) Is classified in Class 4-F or is eligible for Class 4-F; or
(b) Has been found temporarily unacceptable with reexamination
believed justified (RBJ) and the period of time specified for his return
for examination has not been terminated and the basis for his temporary
rejection continues to exist; or
(c) Is an alien who has not resided in the United States for a
period of at least one year; or
(d) Has not attained the age of 18 years and does not have the
consent of his parent or guardian for his induction.
Sec. 1627.2 Registration of volunteers.
(a) If a person who is required to be registered but who has failed
to register volunteers for induction, he shall be registered.
(b) In registering a volunteer, the area office shall follow the
procedure set forth in Sec. 1615.3 of this chapter.
Sec. 1627.3 Classification of volunteers.
When a registrant who is eligible to volunteer files an Application
for Voluntary Induction, he shall be classified in Class 1-A and
processed for induction.
PART 1630--CLASSIFICATION RULES--Table of Contents
Sec.
1630.2 Classes.
1630.10 Class 1-A: Available for unrestricted military service.
1630.11 Class 1-A-0: Conscientious objector available for noncombatant
military service only.
1630.12 Class 1-C: Member of the Armed Forces of the United States, the
National Oceanic and Atmospheric Administration or the Public
Health Service.
1630.13 Class 1-D-D: Deferment for certain members of a reserve
component or student taking military training.
1630.14 Class 1-D-E: Exemption of certain members of a reserve
component or student taking military training.
1630.15 Class 1-H: Registrant not subject to processing for induction.
1630.16 Class 1-O: Conscientious objector to all military service.
[[Page 349]]
1630.17 Class 1-O-S: Conscientious objector to all military service
(separated).
1630.18 Class 1-W: Conscientious objector ordered to perform
alternative service.
1630.26 Class 2-D: Registrant deferred because of study preparing for
the ministry.
1630.30 Class 3-A: Registrant deferred because of hardship to
dependents.
1630.31 Class 3-A-S: Registrant deferred because of hardship to
dependents (separated).
1630.40 Class 4-A: Registrant who has completed military service.
1630.41 Class 4-B: Official deferred by law.
1630.42 Class 4-C: Alien or dual national.
1630.43 Class 4-D: Minister of religion.
1630.44 Class 4-F: Registrant not acceptable for military service.
1630.45 Class 4-G: Registrant exempted from service because of the
death of his parent or sibling while serving in the Armed
Forces or whose parent or sibling is in a captured or missing
in action status.
1630.46 Class 4-T: Treaty alien.
1630.47 Class 4-W: Registrant who has completed alternative service in
lieu of induction.
1630.48 Class 4-A-A: Registrant who has performed military service for
a foreign nation.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq., E.O. 11623.
Source: 47 FR 4651, Feb. 1, 1982, unless otherwise noted.
Sec. 1630.2 Classes.
Each registrant shall be classified in one of the classes prescribed
in this part.
Sec. 1630.10 Class 1-A: Available for unrestricted military service.
(a) All registrants available for unrestricted military service
shall be in Class 1-A.
(b) All registrants in the selection groups as determined by the
Director of Selective Service are available for unrestricted Military
Service, except those determined by a classifying authority to be
eligible for exemption or deferment from military service or for
noncombatant or alternative service, or who have random sequence numbers
(RSNs) determined by the Director not to be required to fill calls by
the Secretary of Defense.
Sec. 1630.11 Class 1-A-0: Conscientious objector available for noncombatant military service only.
In accord with part 1636 of this chapter any registrant shall be
palced in Class 1-A-0 who has been found, by reason of religious,
ethical, or moral belief, to be conscientiously opposed to participation
in combatant military tranining and service in the Armed Forces.
Sec. 1630.12 Class 1-C: Member of the Armed Forces of the United States, the National Oceanic and Atmospheric Administration or the Public Health Service.
In Class 1-C shall be placed:
(a) Every registrant who is or who becomes by enlistment or
appointment, a commissioned officer, a warrant officer, a pay clerk, an
enlisted man or an aviation cadet of the Regular Army, the Navy, the Air
Force, the Marine Corps, the Coast Guard, the National Oceanic and
Atmospheric Administration or the Public Health Service.
(b) Every registrant who is a cadet, United States Military Academy;
or midshipman, United States Naval Academy; or a cadet, United States
Air Force Academy; or cadet, United States Coast Guard Academy.
(c) Every registrant who by induction becomes a member of the Army
of the United States, the United States Navy, the United States Marine
Corps, the Air Force of the United States, or the United States Coast
Guard.
(d) Exclusive of periods for training only, every registrant who is
a member of a reserve component of the Armed Forces and is on active
duty, and every member of the reserve of the Public Health Service on
active duty and assigned to staff the various offices and bureaus of the
Public Health Service including the National Institutes of Health, or
assigned to the Coast Guard, the Bureau of Prisons of the Department of
Justice, Environmental Protection Agency, or the National Oceanic and
Atmospheric Administration or who are assigned to assist Indian tribes,
groups, bands, or communities pursuant to the Act of August 5, 1954 (68
Stat. 674), as amended.
[[Page 350]]
Sec. 1630.13 Class 1-D-D: Deferment for certain members of a reserve component or student taking military training.
In Class 1-D-D shall be placed any registrant who:
(a)(1) Has been selected for enrollment or continuance in the Senior
(entire college level) Army Reserve Officer's Training Corps, or the Air
Force Reserve Officer's Training Corps, or the Naval Reserve Officer's
Training Corps, or the Naval and Marine Corps officer 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, U.S. Naval Reserve while undergoing
professional training; and
(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 Transportation with
respect to the U.S. Coast Guard), not less than 2 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 eighth anniversary of his receipt of a commission. Such
registrant shall remain eligible for Class 1-D-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 1-C under the provision of Sec. 1630.12;
or
(b) Is a fully qualified and accepted aviation cadet applicant of
the Army, Navy, or Air Force, who has signed an agreement of service and
is within such numbers as have been designated by the Secretary of
Defense. Such registrant shall be retained in Class 1-D-D during the
period covered by such agreement but in no case in excess of four
months; or
(c) Is other than a registrant referred to in paragraph (a) or (d)
of this section who:
(1) Prior to the issuance of orders for him to report for induction;
or
(2) Prior to the date scheduled for his induction and pursuant to a
proclamation by the Governor of a State to the effect that the
authorized strength of any unit of the National Guard of that State
cannot be maintained by the enlistment or appointment of persons who
have not been issued orders to report for induction; or
(3) Prior to the date scheduled for his induction and pursuant to a
determination by the President that the strength of the Ready Reserve of
the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force
Reserve, or Coast Guard Reserve cannot be maintained by the enlistment
or appointment of persons who have not been issued orders to report for
induction:
enlists or accepts an appointment before attaining the age of 26 years,
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 1-D-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 the Ready Reserve of another reserve component, the Army
National Guard, or the Air National Guard, as the case may be; or
(d) At any time has enlisted in the Army Reserve, the Naval Reserve,
the Marine Corps Reserve, the Air Force Reserve, or the Coast Guard
Reserve and who thereafter has been commissioned therein upon graduation
from an Officer's Candidate School of such Armed Force and has not has
been ordered to active duty as a commissioned officer. Such registrant
shall remain eligible for Class 1-D-D so long as he performs
satisfactory service as a commissioned officer in an appropriate unit of
the Ready Reserve, as determined under regulations prescribed by the
Secretary of the department concerned; or
(e) Is serving satisfactorily as a member of a reserve component of
the Armed Forces and is not eligible for Class 1-D-D under the
provisions of any other paragraph of this section: Provided: That, for
the purpose of this paragraph, a member of a reserve component who is in
the Standby Reserve or the Retired Reserve shall be deemed
[[Page 351]]
to be serving satisfactorily unless the Armed Forces of which he is a
member informs the Selective Service System that he is not serving
satisfactorily.
[52 FR 24455, July 1, 1987]
Sec. 1630.14 Class 1-D-E: Exemption of certain members of a reserve component or student taking military training.
In Class 1-D-E shall be placed any registrant who:
(a) Is a student enrolled in an officer procurement program at a
military college the curriculum of which is approved by the Secretary of
Defense; or
(b) Has been enlisted in the Delayed Entry Program (DEP) at least
ten days prior to his scheduled induction date; or
(c) Has been transferred to a reserve component of the Army, Navy,
Air Force, Marine Corps or Coast Guard after a period of extended active
duty, which was not for training only.
Sec. 1630.15 Class 1-H: Registrant not subject to processing for induction.
In Class 1-H shall be placed any registrant who is not eligible for
Class 1-A and is not currently subject to processing for induction.
Sec. 1630.16 Class 1-O: Conscientious objector to all military service.
(a) Any registrant whose acceptability for military service has been
satisfactorily determined and who, in accord with part 1636 of this
chapter, has been found, by reason of religious, ethical, or moral
belief, to be conscientiously opposed to participation in both combatant
and noncombatant training and service in the Armed Forces shall be
classified in Class 1-O.
(b) Upon the written request of the registrant filed with his claim
for classification in Class 1-O, the local board will consider his claim
for classification in Class 1-O before he is examined. If the local
board determines that the registrant would qualify for Class 1-O if he
were acceptable for military service, it will delay such classification
until he is found acceptable for military service. Upon the written
request of such registrant, he will be deemed acceptable for military
service without examination only for the purpose of paragraph (a) of
this section.
[52 FR 8891, Mar. 20, 1987; 52 FR 12641, Apr. 17, 1987]
Sec. 1630.17 Class 1-O-S: Conscientious objector to all military service (separated).
Any registrant who has been separated from the Armed Forces
(including their reserve components) by reason of conscientious
objection to participation in both combatant and noncombatant training
and service in the Armed Forces shall be classified in Class 1-O-S
unless his period of military service qualifies him for Class 4-A. A
registrant in Class 1-O-S will be required to serve the remainder of his
obligation under the Military Selective Service Act in Alternative
Service.
[52 FR 8891, Mar. 20, 1987]
Sec. 1630.18 Class 1-W: Conscientious objector ordered to perform alternative service.
In Class 1-W shall be placed any registrant who has been ordered to
perform alternative service contributing to the mainenance of the
national health, safety, or interest.
[52 FR 24456, July 1, 1987]
Sec. 1630.26 Class 2-D: Registrant deferred because of study preparing for the ministry.
In accord with part 1639 of this chapter any registrant shall be
placed in Class 2-D who has requested such deferment and:
(a) Who is preparing for the ministry under the direction of a
recognized church or religious organization; and
(b) Who is satisfactorily pursuing a full-time course of instruction
required for entrance into a recognized theological or divinity school
in which he has been pre-enrolled; or
(c) Who is satisfactorily pursuing a full-time course of instruction
in or at the direction of a recognized theological or divinity school;
or
(d) Who having completed theological or divinity school is a student
in a full-time graduate program or is a full-time intern. The
registrant's studies must be related to and lead to entry into service
as a regular or duly ordained
[[Page 352]]
minister of religion, and satisfactory progress in these studies as
required by the school in which the registrant is enrolled must be
maintained for continued eligibility for the deferment.
Sec. 1630.30 Class 3-A: Registrant deferred because of hardship to dependents.
(a) In accord with part 1642 of this chapter any registrant shall be
classified in Class 3-A:
(1) Whose induction would result in extreme hardships to his wife
when she alone is dependent upon him for support; or
(2) Whose deferment is advisable because his child(ren), parent(s),
grrandparent(s), brother(s), or sister(s) is dependent upon him for
support; or
(3) Whose deferment is advisable because his wife and his
child(ren), parent(s), grandparent(s), brother(s), or sister(s) are
dependent upon him for support.
(b) The classification of each registrant in Class 3-A will not be
granted for a period longer than 365 days.
[52 FR 24456, July 1, 1987]
Sec. 1630.31 Class 3-A-S: Registrant deferred because of hardship to dependents (separated).
Any registrant who has been separated from active military service
by reason of dependency or hardship shall be placed in Class 3-A-S
unless his period of military service qualifies him for Class 4-A or 1-
D-E. No registrant shall be retained in Class 3-A-S for more than six
months.
[52 FR 24456, July 1, 1987]
Sec. 1630.40 Class 4-A: Registrant who has completed military service.
(a) In Class 4-A shall be placed any registrant other than a
registrant eligible for classification in Class 1-C, 1-D-D, or 1-D-E who
is within any of the following categories:
(1) A registrant who 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 Navy, the Air Force, the Marine Corps,
or the Coast Guard; or
(2) A registrant who has served honorably on active duty for a
period of not less than one year in the Army, the Navy, the Air Force,
the Marine Corps, or the Coast Guard; or
(3) A registrant who has served on active duty for a period of not
less than twenty-four months as a commissioned officer in the National
Oceanic and Atmospheric Administration or the Public Health Service,
provided that such period of active duty in the Public Health Service as
a commissioned Reserve Officer shall have been performed by the
registrant while assigned to staff any of the various offices and
bureaus of the Public Health Service including the National Institutes
of Health, or while assigned to the Coast Guard, or the Bureau of
Prisons of the Department of Justice, Environmental Protection Agency,
or the National Oceanic and Atmospheric Administration, or who are
assigned to assist Indian tribes, groups, bands or communities pursuant
to the Act of August 5, 1954 (68 Stat. 674), as amended;
(4) [Reserved]
(5) A registrant who has completed six years of satisfactory service
as a member of one or more of the Armed Forces including the Reserve
components thereof.
(b) For the purpose of computation of periods of active duty
referred to in paragraphs (a) (1), (2), or (3) of this section, no
credit shall be allowed for:
(1) Periods of active duty training performed as a member of a
reserve component pursuant to an order or call to active duty solely for
training purposes; or
(2) Periods of active duty in which the service consisted solely of
training under the Army specialized training program, the Army Air Force
college training program, or any similar program under the jurisdiction
of the Navy, Marine Corps, or Coast Guard; or
(3) Periods of active duty as a cadet at the United States Military
Academy, United States Air Force Academy, or United States Coast Guard
Academy, or as a midshipman at the United States Naval Academy, or in a
preparatory school after nomination as a principal, alternate, or
candidate for admission to any such academies; or
[[Page 353]]
(4) Periods of active duty in any of the Armed Forces while being
processed for entry into or separation from any educational program or
institute referred to in paragraph (b) (2) or (3) of this section; or
(5) Periods of active duty of members of the Reserve of the Public
Health Service other than when assigned to staff any of the various
offices and bureaus of the Public Health Service, including the National
Institute of Health, or the Coast Guard or the Bureau of Prisons of the
Department of Justice, Environmental Protection Agency, or the
Environmental Science Services Administration, or who are assigned to
assist Indian tribes, groups, bands, communities pursuant to the Act of
August 5, 1954 (68 Stat. 674), as amended.
[47 FR 4651, Feb. 1, 1982, as amended at 52 FR 24456, July 1, 1987]
Sec. 1630.41 Class 4-B: Official deferred by law.
In Class 4-B shall be placed any registrant who is the Vice
President of the United States, a governor of a State, Territory or
possession, or any other official chosen by the voters of the entire
State, Territory or Possession; a member of a legislative body of the
United States or of a State, Territory or Possession; a judge of a court
of record of the United States or of a State, Territory or Possession,
or the District of Columbia.
Sec. 1630.42 Class 4-C: Alien or dual national.
In Class 4-C shall be placed any registrant who:
(a) Establishes that he is a national of the United States and of a
country with which the United States has a treaty or agreement that
provides that such person is exempt from liability for military service
in the United States.
(b) Is an alien and who has departed from the United States prior to
being issued an order to report for induction or alternative service
that has not been canceled. If any registrant who is classified in Class
4-C pursuant to this paragraph returns to the United States he shall be
classified anew.
(c) Is an alien and who has registered at a time when he was
required by the Selective Service Law to present himself for and submit
to registration and thereafter has acquired status within one of the
groups of persons exempt from registration.
(d) Is an alien lawfully admitted for permanent residence as defined
in paragraph (2) of section 101(a) of the Immigration and Nationality
Act, as amended (66 Stat. 163, 8 U.S.C. 1101), and who by reason of
occupational status is subject to adjustment to nonimmigrant status
under paragraph (15)(A), (15)(E), or (15)(G) or section 101(a) but who
executes a waiver in accordance with section 247(b) of that Act of all
rights, privileges, exemptions, and immunities which would otherwise
accrue to him as a result of that occupational status. A registrant
placed in Class 4-C under the authority of this paragraph shall be
retained in Class 4-C only for so long as such occupational status
continues.
(e) Is an alien and who has not resided in the United States for one
year, including any period of time before his registration. When such a
registrant has been within the United States for two or more periods and
the total of such period equals one year, he shall be deemed to have
resided in the United States for one year. In computing the length of
such periods, any portion of one day shall be counted as a day.
Sec. 1630.43 Class 4-D: Minister of religion.
In accord with part 1645 of this chapter any registrant shall be
placed in Class 4-D who is a:
(a) Duly ordained minister of religion; or
(b) Regular minister of religion.
Sec. 1630.44 Class 4-F: Registrant not acceptable for military service.
In Class 4-F shall be placed any registrant who is found by the
Secretary of Defense, under applicable physical, mental or
administrative standards, to be not acceptable for service in the Armed
Forces; except that no such registrant whose further examination or re-
examination is determined by the Secretary of Defense to be justified
shall be placed in Class 4-F until such further examination has been
accomplished and such registrant continues
[[Page 354]]
to be found not acceptable for military service.
[52 FR 24456, July 1, 1987]
Sec. 1630.45 Class 4-G: Registrant exempted from service because of the death of his parent or sibling while serving in the Armed Forces or whose parent or
sibling is in a captured or missing in action status.
In Class 4-G shall be placed any registrant who, except during a
period of war or national emergency declared by Congress, is:
(a) A surviving son or brother:
(1) Whose parent or sibling of the whole blood was killed in action
or died in the line of duty while serving in the Armed Forces of the
United States after December 31, 1959, or died subsequent to such date
as a result of injuries received or disease incurred in the line of duty
during such service; or
(2) Whose parent or sibling of the whole blood is in a captured or
missing status as a result of such service in the Armed Forces during
any period of time; or
(b) The sole surviving son of a family in which the father or one or
more siblings were killed in action before January 1, 1960 while serving
in the Armed Forces of the United States, or died after that date due to
injuries received or disease incurred in the line of duty during such
service before Janaury 1, 1960.
[47 FR 4651, Feb. 1, 1982, as amended at 52 FR 24456, July 1, 1987]
Sec. 1630.46 Class 4-T: Treaty alien.
In Class 4-T shall be placed any registrant who is an alien who
established that he is exempt from military service under the terms of a
treaty or international agreement between the United States and the
country of which he is a national, and who has made application to be
exempted from liability for training and service in the Armed Forces of
the United States.
Sec. 1630.47 Class 4-W: Registrant who has completed alternative service in lieu of induction.
In Class 4-W shall be placed any registrant who subsequent to being
ordered to perform alternative service in lieu of induction has been
released from such service after satisfactorily performing the work for
a period of 24 months, or has been granted an early release by the
Director of Selective Service after completing at least 6 months of
satisfactory service.
Sec. 1630.48 Class 4-A-A: Registrant who has performed military service for a foreign nation.
In Class 4-A-A shall be placed any registrant who, while an alien,
has served on active duty for a period of not less than 12 months in the
armed forces of a nation determined by the Department of State to be a
nation with which the United States is associated in mutual defense
activities and which grants exemptions from training and service in its
armed forces to citizens of the United States who have served on active
duty in the Armed Forces of the United States for a period of not less
than 12 months; Provided: That all information which is submitted to the
Selective Service System concerning the registrant's service in the
armed forces of a foreign nation shall be written in the English
language.
[52 FR 24456, July 1, 1987]
PART 1633--ADMINISTRATION OF CLASSIFICATION--Table of Contents
Sec.
1633.1 Classifying authority.
1633.2 Claim for other than Class 1-A.
1633.3 Submission of claims.
1633.4 Information relating to claims for deferment or exemption.
1633.5 Securing information.
1633.6 Consideration of classes.
1633.7 General principles of classification.
1633.8 Basis of classification.
1633.9 Explanation of classification action.
1633.10 Notification to registrant of classification action.
1633.11 Assignment of registrant to a local board.
1633.12 Reconsideration of classification.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq.; E.O. 11623.
Source: 47 FR 4654, Feb. 1, 1982, unless otherwise noted.
[[Page 355]]
Sec. 1633.1 Classifying authority.
The following officials are authorized to classify registrants into
the indicated classes established by part 1630 of this chapter:
(a) The Director of Selective Service may in accord with the
provisions of this chapter classify a registrant into any class for
which he is eligible except Classes 1-A-0, 1-0, 2-D, 3-A, and 4-D:
Provided, That, the Director may not reclassify a registrant other than
a volunteer for induction, into Class 1-A out of another class prior to
the expiration of the registrant's entitlement to such classification.
The Director may, before issuing an induction order to a registrant,
appropriately classify him if the Secretary of Defense has certified him
to be a member of an armed force or reserve component thereof.
(b) The National Selective Service Appeal Board may in accord with
part 1653 of this chapter classify a registrant into any class for which
he is eligible.
(c) A district appeal board may in accord with part 1651 of this
chapter classify a registrant into any class for which he is eligible.
(d) A local board may in accord with part 1648 of this chapter
classify a registrant into Class 1-A-0, 1-0, 2-D, 3-A, or 4-D for which
he is eligible.
(e) A local board may also classify a registrant into Class 1-C, 1-
D-D, 1-D-E, 1-O-S, 1-W, 3-A-S, 4-A, 4-A-A, 4-B, 4-C, 4-F, 4-G, 4-T or 4-
W for which he is eligible upon request by the registrant for a review
of a classification denial action under Sec. 1633.1(f). No individual
shall be classified into Class 4-F unless the Secretary of Defense has
determined that he is unacceptable for military service.
(f) Compensated employees of an area office may in accord with
Sec. 1633.2 may classify a registrant into an administrative class for
which he is eligible. No individual shall be classified into Class 4-F
unless the Secretary of Defense has determined that he is unacceptable
for military service.
[47 FR 4654, Feb. 1, 1982, as amended at 52 FR 24456, July 1, 1987]
Sec. 1633.2 Claim for other than Class 1-A.
(a) Any registrant who has received an order to report for induction
may, prior to the day he is scheduled to report, submit to the Selective
Service System a claim that he is eligible to be classified into any
class other than Class 1-A. The registrant may assert a claim that he is
eligible for more than one class other than Class 1-A. The registrant
cannot subsequently file a claim with respect to a class for which he
was eligible prior to the day he was originally scheduled to report.
Information and documentation in support of claims for reclassification
and postponement of induction shall be filed in accordance with
instructions from the Selective Service System.
(b) Any registrant who has received an order to report for induction
that has not been canceled may, at any time before his induction, submit
a claim that he is eligible to be classified into any class other than
Class 1-A based upon events over which he has no control that occurred
on or after the day he was originally scheduled to report for induction.
(c)(1) Claims will be filed with the area office supporting the
local board of jurisdiction.
(2) Claims will be considered by the local board identified in
paragraph (c)(1) or its supporting area office as prescribed in this
part.
(d) The initial determination of claims for all administrative
classifications are made by area office compensated personnel. After a
denial of a claim for an administrative classification the registrant
may request the local board to consider the claim.
(e) The initial determination of a judgmental classification is made
by a local board.
(f) A registrant may request and shall be granted a personal
appearance whenever a local or appeal board considers his claim for
reclassification. Personal appearances will be held in accord with parts
1648, 1651 and 1653 of this chapter.
(g) A registrant who has filed a claim for classification in Class
1-A-O or Class 1-0 shall be scheduled for a personal appearance in
accord with Sec. 1648.4 before his claim is considered.
[[Page 356]]
(h) If granted, a deferment or exemption supersedes the original
order to report for induction. When a deferment or exemption expires or
ends, a new order to report for induction will be issued.
[52 FR 24457, July 1, 1987]
Sec. 1633.3 Submission of claims.
Except as otherwise expressly provided by the Director, no document
relating to any registrant's claims or potential claims will be retained
by the Selective Service System and no file relating to a registrant's
possible classification status will be established prior to that
registrant being ordered to report for induction.
Sec. 1633.4 Information relating to claims for deferment or exemption.
The registrant shall be entitled to present all relevant written
information which he believes to be necessary to assist the classifying
authority in determining his proper classification; such information may
include documents, affidavits, and depositions. The affidavits and
depositions shall be as concise and brief as possible.
Sec. 1633.5 Securing information.
The classifying authority is authorized to request and receive
information whenever such information will assist in determining the
proper classification of a registrant.
Sec. 1633.6 Consideration of classes.
Claims of a registrant will be considered in inverse order of the
listing of the classes below. When grounds are established to place a
registrant in one or more of the classes listed in the following table,
the registrant shall be classified in the lowest class for which he is
determined to be eligible, with Class 1-A-O considered the highest class
and Class 1-H considered the lowest class, according to the following
table:
Class 1-A-O: Conscientious Objector Available for Noncombatant
Military Service Only.
Class 1-O: Conscientious Objector to all Military Service.
Class 1-O-S: Conscientious Objector to all Military Service
(Separated).
Class 2-D: Registrant Deferred Because of Study Preparing for the
Ministry.
Class 3-A: Registrant Deferred Because of Hardship to Dependents.
Class 3-A-S: Registrant Deferred Because of Hardship to Dependents
(Separated).
Class 4-D: Minister of Religion.
Class 1-D-D: Deferment for Certain Members of a Reserve Component or
Student Taking Military Training.
Class 4-B: Official Deferred by Law.
Class 4-C: Alien or Dual National.
Class 4-G: Registrant Exempted From Service Because of the Death of
his Parent or Sibling While Serving in the Armed Forces or Whose Parent
or Sibling is in a Captured or Missing in Action Status.
Class 4-A: Registrant Who Has Completed Military Service.
Class 4-A-A: Registrant Who Has Performed Military Service For a
Foreign Nation.
Class 4-W: Registrant Who Has Completed Alternative Service in Lieu
of Induction.
Class 1-D-E: Exemption of Certain Members of a Reserve Component or
Student Taking Military Training.
Class 1-C: Member of the Armed Forces of the United States, the
National Oceanic and Atmospheric Administration, or the Public Health
Service.
Class 1-W: Conscientious Objector Ordered to Perform Alternative
Service in Lieu of Induction.
Class 4-T: Treaty Alien.
Class 4-F-: Registrant Not Acceptable for Military Service.
Class 1-H: Registrant Not Subject to Processing for Induction.
[52 FR 24457, July 1, 1987]
Sec. 1633.7 General principles of classification.
(a) Each classified registrant in a selection group is available for
unrestricted military service until his eligibility for noncombatant
service, alternative service, or deferment or exemption from service has
been determined by a classifying authority.
(b) The classifying authority in considering a registrant's claim
for classification shall not discriminate for or against him because of
his race, creed, color or ethnic background and shall not discriminate
for or against him because of his membership or activity in any labor,
political, religious, or other organization.
[47 FR 4654, Feb. 1, 1982, as amended at 52 FR 24457, July 1, 1987]
[[Page 357]]
Sec. 1633.8 Basis of classification.
The registrant's classification shall be determined on the basis of
the official forms of the Selective Service System and other written
information in his file, oral statements, if made by the registrant at
his personal appearance before the board, and oral statements, if made
by the registrant's witnesses at his personal appearance. Any
information in any written summary of the oral information presented at
a registrant's personal appearance that was prepared by an official of
the Selective Service System or by the registrant will be placed in the
registrant's file. The file shall be subject to review by the registrant
during normal business hours.
Sec. 1633.9 Explanation of classification action.
Whenever a classifying authority denies the request of a registrant
for classification into a particular class or classifies a registrant in
a class other than that which he requested, it shall record the reasons
therefor in the registrant's file.
Sec. 1633.10 Notification to registrant of classification action.
The Director will notify the registrant of any classification
action.
[52 FR 24457, July 1, 1987]
Sec. 1633.11 Assignment of registrant to a local board.
(a) A registrant is assigned to the local board that has
jurisdiction over his permanent address that he last furnished the
Selective Service System prior to the issuance of his induction order.
(b) The Director may change a registrant's assignment when he deems
it necessary to assure the fair and equitable administration of the
Selective Service Law.
[52 FR 24457, July 1, 1987]
Sec. 1633.12 Reconsideration of classification.
No classification is permanent. The Director of Selective Service
may order the reconsideration of any classification action when the
facts, upon which the classification is based, change or when he finds
that the registrant made a misrepresentation of any material fact
related to his claim for classification. No action may be taken under
the preceding sentence of this paragraph unless the registrant is
notified in writing of the impending action and the reasons thereof, and
is given an opportunity to respond in writing within 10 days of the
mailing of the notice. If the Director orders a reconsideration of a
classification in accord with this paragraph, the claim will be treated
in all respects as if it were the original claim for that
classification.
PART 1636--CLASSIFICATION OF CONSCIENTIOUS OBJECTORS--Table of Contents
Sec.
1636.1 Purpose; definitions.
1636.2 The claim of conscientious objection.
1636.3 Basis for classification in Class
1-A-0.
1636.4 Basis for classification in Class 1-0.
1636.5 Exclusion from Class 1-A-0 and Class 1-0.
1636.6 Analysis of belief.
1636.7 Impartiality.
1636.8 Considerations relevant to granting or denying a claim for
classification as a conscientious objector.
1636.9 Types of decisions.
1636.10 Statement of reasons for denial.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq.; E.O. 11623.
Source: 47 FR 4655, Feb. 1, 1982, unless otherwise noted.
Sec. 1636.1 Purpose; definitions.
(a) The provisions of this part govern the consideration of a claim
by a registrant for classification in Class 1-A-0 (Sec. 1630.11 of this
chapter), or Class 1-0 (Sec. 1630.17 of this chapter).
(b) The definitions of this paragraph shall apply in the
interpretation of the provisions of this part:
(1) Crystallization of a Registrant's Beliefs. The registrant's
becoming conscious of the fact that he is opposed to participation in
war in any form.
(2) Noncombatant Service. Service in any unit of the Armed Forces
which is unarmed at all times; any other military assignment not
requiring the bearing of arms or the use of arms in combat or training
in the use of arms.
[[Page 358]]
(3) Noncombatant Training. Any training which is not concerned with
the study, use, or handling of arms or other implements of warfare
designed to destroy human life.
Sec. 1636.2 The claim of conscientious objection.
A claim to classification in Class 1-A-0 or Class 1-0, must be made
by the registrant in writing. Claims and documents in support of claims
may only be submitted after the registrant has received an order to
report for induction or after the Director has made a specific request
for submission of such documents. All claims or documents in support of
claims received prior to a registrant being ordered to report for
induction or prior to the Director's specific request for such
documentation will be returned to the registrant and no file or record
of such submission will be established.
Sec. 1636.3 Basis for classification in Class 1-A-0.
(a) A registrant must be conscientiously opposed to participation in
combatant training and service in the Armed Forces.
(b) A registrant's objection may be founded on religious training
and belief; it may be based on strictly religious beliefs, or on
personal beliefs that are purely ethical or moral in source or content
and occupy in the life of a registrant a place parallel to that filled
by belief in a Supreme Being for those holding more traditionally
religious views.
(c) A registrant's objection must be sincere.
[47 FR 4655, Feb. 1, 1982, as amended at 52 FR 24457, July 1, 1987]
Sec. 1636.4 Basis for classification in Class 1-0.
(a) A registrant must be conscientiously opposed to participation in
war in any form and conscientiously opposed to participation in both
combatant and noncombatant training and service in the Armed Forces.
(b) A registrant's objection may be founded on religious training
and belief; it may be based on strictly religious beliefs, or on
personal beliefs that are purely ethical or moral in source or centent
and occupy in the life of a registrant a place parallel to that filled
by belief in a Supreme Being for those holding more traditionally
religious views.
(c) A registrant's objection must be sincere.
Sec. 1636.5 Exclusion from Class 1-A-0 and Class 1-0.
A registrant shall be excluded from Class 1-A-0 or Class 1-0:
(a) Who asserts beliefs which are of a religious, moral or ethical
nature, but who is found not to be sincere in his assertions; or
(b) Whose stated objection to participation in war does not rest at
all upon moral, ethical, or religious principle, but instead rests
solely upon considerations of policy, pragmatism, expediency, or his own
self-interest or well-being; or
(c) Whose objection to participation in war is directed against a
particular war rather than against war in any form (a selective
objection). If a registrant objects to war in any form, but also
believes in a theocratic, spiritual war between the forces of good and
evil, he may not by reason of that belief alone be considered a
selective conscientious objector.
Sec. 1636.6 Analysis of belief.
(a) A registrant claiming conscientious objection is not required to
be a member of a peace church or any other church, religious
organization, or religious sect to qualify for a 1-A-0 or 1-0
classification; nor is it necessary that he be affiliated with any
particular group opposed to participation in war in any form.
(b) The registrant who identifies his beliefs with those of a
traditional church or religious organization must show that he basically
adheres to beliefs of that church or religious organization whether or
not he is actually affiliated with the institution whose teachings he
claims as the basis of his conscientious objection. He need not adhere
to all beliefs of that church or religious organization.
(c) A registrant whose beliefs are not religious in the traditional
sense, but are based primarily on moral or ethical principle should hold
such beliefs with
[[Page 359]]
the same strength or conviction as the belief in a Supreme Being is held
by a person who is religious in the traditional sense. Beliefs may be
mixed; they may be a combination of traditional religious beliefs and
nontraditional religious, moral or ethical beliefs. The registrant's
beliefs must play a significant role in his life but should be evaluated
only insofar as they pertain to his stated objection to his
participation in war.
(d) Where the registrant is or has been a member of a church,
religious organization, or religious sect, and where his claim of a
conscientious objection is related to such membership, the board may
properly inquire as to the registrant's membership, the religious
teachings of the church, religious organization, or religious sect, and
the registrant's religious activity, insofar as each relates to his
objection to participation in war. The fact that the registrant may
disagree with or not subscribe to some of the tenets of his church or
religious sect does not necessarily discredit his claim.
(e)(1) The history of the process by which the registrant acquired
his beliefs, whether founded on religious, moral, or ethical principle
is relevant to the determination whether his stated opposition to
participation in war in any form is sincere.
(2) The registrant must demonstrate that his religious, ethical, or
moral convictions were acquired through training, study, contemplation,
or other activity comparable to the processes by which traditional
religious convictions are formulated. He must show that these religious,
moral, or ethical convictions, once acquired, have directed his life in
the way traditional religious convictions of equal strength, depth, and
duration have directed the lives of those whose beliefs are clearly
founded in traditional religious conviction.
(f) The registrant need not use formal or traditional language in
describing the religious, moral, or ethical nature of his beliefs. Board
members are not free to reject beliefs because they find them
incomprehensible or inconsistent with their own beliefs.
(g) Conscientious objection to participation in war in any form, if
based on moral, ethical, or religious beliefs, may not be deemed
disqualifying simply because those beliefs may influence the registrant
concerning the Nation's domestic or foreign policy.
[47 FR 4655, Feb. 1, 1982, as amended at 52 FR 24457, July 1, 1987]
Sec. 1636.7 Impartiality.
Boards may not give preferential treatment to one religion over
another, and all beliefs whether of a religious, ethical, or moral
nature are to be given equal consideration.
Sec. 1636.8 Considerations relevant to granting or denying a claim for classification as a conscientious objector.
(a) After the registrant has submitted a claim for classification as
a conscientious objector and his file is complete, a determination of
his sincerity will be made based on:
(1) All documents in the registrant's file folder; and
(2) The oral statements of the registrant at his personal
appearance(s) before the local and/or appeal board; and
(3) The oral statements of the registrant's witnesses, if any, at
his personal appearance(s) before the local board; and
(4) The registrant's general demeanor during his personal
appearance(s).
(b) The registrant's stated convictions should be a matter of
conscience.
(c) The board should be convinced that the registrant's personal
history since the crystallization of his conscientious objection is not
inconsistent with his claim and demonstrates that the registrant's
objection is not solely a matter of expediency. A recent crystallization
of beliefs does not in itself indicate expediency.
(d) The information presented by the registrant should reflect a
pattern of behavior in response to war and weapons which is consistent
with his stated beliefs. Instances of violent acts or conviction for
crimes of violence, or employment in the development or manufacturing of
weapons of war, if the claim is based upon or supported by a life of
nonviolence, may be indicative of inconsistent conduct.
[[Page 360]]
(e) The development of a registrant's opposition to war in any form
may bear on his sincerity. If the registrant claims a recent
crystallization of beliefs, his claim should be supported by evidence of
a religious or educational experience, a traumatic event, an historical
occasion, or some other special situation which explains when and how
his objection to participation in war crystallized.
(f) In the event that a registrant has previously worked in the
development of or manufacturing of weapons of war or has served as a
member of a military reserve unit, it should be determined whether such
activity was prior to the stated crystallization of the registrant's
conscientious objector beliefs. Inconsistent conduct prior to the actual
crystallization of conscientious objector beliefs is not necessarily
indicative of insincerity. But, inconsistent conduct subsequent to such
crystallization may indicate that registrant's stated objection is not
sincere.
(g) A registrant's behavior during his personal appearance before a
board may be relevant to the sincerity of his claim.
(1) Evasive answers to questions by board members or the use of
hostile, belligerent, or threatening words or actions, for example, may
in proper circumstances be deemed inconsistent with a claim in which the
registrant bases his objection on a belief in nonviolence.
(2) Care should be exercised that nervous, frightened, or
apprehensive behavior at the personal appearance is not misconstrued as
a reflection of insincerity.
(h) Oral response to questions posed by board members should be
consistent with the written statements of the registrant and should
generally substantiate the submitted information in the registrant's
file folder; any inconsistent material should be explained by the
registrant. It is important to recognize that the registrant need not be
eloquent in his answers. But, a clear inconsistency between the
registrant's oral remarks at his personal appearance and his written
submission to the board may be adequate grounds, if not satisfactorily
explained, for concluding that his claim is insincere.
(i) The registrant may submit letters of reference and other
supporting statements of friends, relatives and acquaintances to
corroborate the sincerity of his claim, although such supplemental
documentation is not essential to approval of his claim. A finding of
insincerity based on these letters or supporting statements must be
carefully explained in the board's decision, specific mention being made
of the particular material relied upon for denial of classification in
Class 1-A-0 or Class 1-0.
[47 FR 4655, Feb. 1, 1982, as amended at 52 FR 24457, July 1, 1987; 60
FR 13908, Mar. 15, 1995]
Sec. 1636.9 Types of decisions.
The following are the types of decisions which may be made by a
board when a claim for classification in Class 1-A-0 or Class 1-0 has
been considered.
(a) Decision to grant a claim for classification in Class 1-A-0 or
Class 1-0, as requested, based on a determination that the truth or
sincerity of the registrant's claim is not refuted by any information
contained in the registrant's file or obtained during his personal
appearance.
(b) Decision to deny a claim for classification in Class 1-A-0 or
Class 1-0 based on all information before the board, and a finding that
such information fails to meet the tests specified in Sec. 1636.3 or
1636.4 of this part. If supported by information contained in the
registrant's file or obtained during his personal appearance the board
may find that the facts presented by the registrant in support of his
claim are untrue.
[47 FR 4655, Feb. 1, 1982, as amended at 53 FR 25328, July 6, 1988]
Sec. 1636.10 Statement of reasons for denial.
(a) Denial of a conscientious objector claim by a board must be
accompanied by a statement specifying the reason(s) for such denial as
prescribed in Secs. 1633.9, 1651.4 and 1653.3 of this chapter. The
reason(s) must, in turn, be supported by evidence in the registrant's
file.
(b) If a board's denial is based on statements by the registrant or
on a
[[Page 361]]
determination that the claim is inconsistent or insincere, this should
be fully explained in the statement of reasons accompanying the denial.
PART 1639--CLASSIFICATION OF REGISTRANTS PREPARING FOR THE MINISTRY--Table of Contents
Sec.
1639.1 Purpose; definitions.
1639.2 The claim for Class 2-D.
1639.3 Basis for classification in Class 2-D.
1639.4 Exclusion from Class 2-D.
1639.5 Impartiality.
1639.6 Considerations relevant to granting or denying claims for Class
2-D.
1639.7 Types of decisions.
1639.8 Statement of reason for denial.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq.; E.O. 11623.
Source: 47 FR 4657, Feb. 1, 1982, unless otherwise noted.
Sec. 1639.1 Purpose; definitions.
(a) The provisions of this part shall govern the consideration of a
claim by a registrant for classification in Class 2-D (Sec. 1630.26 of
this chapter).
(b) The definitions of this paragraph shall apply to the
interpretation of the provisions of this part:
(1) The term ministry refers to the vocation of a duly ordained
minister of religion or regular minister of religion as defined in part
1645 of this chapter.
(2) The term recognized church or religious organization refers to a
church or religious organization established on the basis of a community
of faith and belief, doctrines and practices of a religious character,
and which engages primarily in religious activities.
(3) The term recognized theological or divinity school refers to a
theological or divinity school whose graduates are acceptable for
ministerial duties either as an ordained or regular minister by the
church or religious organization sponsoring a registrant as a
ministerial student.
(4) The term graduate program refers to a program in which the
registrant's studies are officially approved by his church or religious
organization for entry into service as a regular or duly ordained
minister of religion.
(5) The term full-time intern applies to a program that must run
simultaneous with or immediately follow the completion of the
theological or divinity training and is required by a recognized church
or religious organization for entry into the ministry.
(6) The term satisfactorily pursuing a full-time course of
instruction means maintaining a satisfactory academic record as
determined by the institution while receiving full-time instructions in
a structured learning situation. A full-time course of instruction does
not include instructions received pursuant to a mail order program.
Sec. 1639.2 The claim for Class 2-D.
A claim to classification in Class 2-D must be made by the
registrant in writing, such document being placed in his file folder.
Sec. 1639.3 Basis for classification in Class 2-D.
(a) In Class 2-D shall be placed any registrant who is preparing for
the ministry under the direction of a recognized church or religious
organization; and
(1) Who is satisfactorily pursuing a full-time course of instruction
required for entrance into a recognized theological or divinity school
in which he has been pre-enrolled or accepted for admission; or
(2) Who is satisfactorily pursuing a full-time course of instruction
in a recognized theological or divinity school; or
(3) Who, having completed theological or divinity school, is a
student in a full-time graduate program or is a full-time intern, and
whose studies are related to and lead toward entry into service as a
regular or duly ordained minister of religion. Satisfactory progress in
these studies as determined by the school in which the registrant is
enrolled, must be maintained for qualification for the deferment.
(b) The registrant's classification shall be determined on the basis
of the written information in his file folder, oral statements, if made
by the registrant at his personal appearance before a board, and oral
statements, if made by the registrant's witnesses at his personal
appearance.
[47 FR 4657, Feb. 1, 1982, as amended at 52 FR 24458, July 1, 1987]
[[Page 362]]
Sec. 1639.4 Exclusion from Class 2-D.
A registrant shall be excluded from Class 2-D when:
(a) He fails to establish that the theological or divinity school is
a recognized school; or
(b) He fails to establish that the church or religious organization
which is sponsoring him is so recognized; or
(c) He ceases to be a full-time student; or
(d) He fails to maintain satisfactory academic progress.
Sec. 1639.5 Impartiality.
Boards may not give precedence to any religious organization or
school over another, and all are to be given equal consideration.
Sec. 1639.6 Considerations relevant to granting or denying claims for Class 2-D.
(a) The registrant's claim for Class 2-D must include the following:
(1) A statement from a church or religious organization that the
registrant is preparing for the ministry under its direction; and
(2) Current certification to the effect that the registrant is
satisfactorily pursuing a full-time course of instruction required for
entrance into a recognized theological or divinity school in which he
has been pre-enrolled; or
(3) Current certification to the effect that the registrant is
satisfactorily pursuing a full-time course of instruction in a
recognized theological or divinity school; or
(4) Current certification to the effect that the registrant, having
completed theological or divinity school, is satisfactorily pursuing a
full-time graduate program or is a full-time intern, whose studies are
related to and lead toward entry into service as a regular or duly
ordained minister of religion.
(b) A board may require the registrant to obtain from the church,
religious organization, or school detailed information in order to
determine whether or not the theological or divinity school is in fact a
recognized school or whether or not the church or religious organization
which is sponsoring the registrant is recognized.
[47 FR 4657, Feb. 1, 1982, as amended at 52 FR 24458, July 1, 1987]
Sec. 1639.7 Types of decisions.
(a) A board may grant a classification into Class 2-D until the end
of the academic school year.
(b) Upon the expiration of a 2-D classification, a board shall
review any request for extension of the classification in the same
manner as the first request for Class 2-D. This section does not relieve
a registrant of his duties under Sec. 1621.1 of this chapter.
(c) The board may deny a claim for Class 2-D when the evidence fails
to merit any of the criteria established in this section.
[47 FR 4657, Feb. 1, 1982, as amended at 52 FR 24458, July 1, 1987]
Sec. 1639.8 Statement of reason for denial.
(a) Denial of a claim for a ministerial student deferment by a board
must be accompanied by a statement specifying the reason(s) for such
denial as prescribed in Secs. 1633.9, 1651.4 and 1653.3 of this chapter.
The reason(s) must in turn, be supported by evidence in the registrant's
file.
(b) If a board's denial is based on statements by the registrant or
his witnesses at a personal appearance, this must be fully explained in
the statement of reasons accompanying the denial.
PART 1642--CLASSIFICATION OF REGISTRANTS DEFERRED BECAUSE OF HARDSHIP TO DEPENDENTS--Table of Contents
Sec.
1642.1 Purpose; definitions.
1642.2 The claim for classification in Class 3-A.
1642.3 Basis for classification in Class 3-A.
1642.4 Ineligibility for Class 3-A.
1642.5 Impartiality.
1642.6 Considerations relevant to granting or denying claims for Class
3-A.
1642.7 Types of decisions.
1642.8 Statement of reason for denial.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq. E.O. 11623.
[[Page 363]]
Source: 47 FR 4658, Feb. 1, 1982, unless otherwise noted.
Sec. 1642.1 Purpose; definitions.
(a) The provisions of this part govern the consideration of a claim
by a registrant for classification in Class 3-A (Sec. 1630.30 of this
chapter).
(b) The following definitions apply to the interpretation of the
provisions of this part.
(1) The term dependent shall apply to the wife, child, parent,
grandparent, brother or sister of a registrant.
(2) The term child includes an unborn child, a stepchild, a foster
child or a legally adopted child, who is legitimate or illegitimate, but
shall not include any person 18 years of age or older unless he or she
is physically or mentally handicapped.
(3) The term parent shall include any person who has stood in the
place of a parent to the registrant for at least 5 years preceding the
18th anniversary of the registrant's date of birth and is now supported
in good faith by the registrant.
(4) The term brother or sister shall include a person having one or
both parents in common with the registrant, who is either under 18 years
of age or is physically or mentally handicapped.
(5) The term support includes but is not limited to financial
assistance.
(6) Hardship is the unreasonable deprivation of a dependent of the
financial assistance, personal care or companionship furnished by the
registrant when that deprivation would be caused by the registrant's
induction.
Sec. 1642.2 The claim for classification in Class 3-A.
A claim for classification in Class 3-A must be made by the
registrant in writing. Prior to the consideration of the claim, the
registrant shall submit supporting documentation, such documents being
placed in his file folder.
Sec. 1642.3 Basis for classification in Class 3-A.
(a) In Class 3-A shall be placed any registrant:
(1) Whose induction would result in extreme hardship to his wife
when she alone is dependent upon him for support; or
(2) Whose deferment is advisable because his child(ren), parent(s),
grandparent(s), brother(s), or sister(s) is dependent upon him for
support; or
(3) Whose deferment is advisable because his wife and child(ren),
parent(s), grandparent(s), brother(s), or sister(s) are dependent upon
him for support.
(b) In its consideration of a claim by a registrant for
classification in Class 3-A, the board will first determine whether the
registrant's wife, child(ren), parent(s), grandparent(s), brother(s), or
sister(s) is dependent upon the registrant for support. Support may be
financial assistance, personal care or companionship. If financial
assistance is the basis of support, the registrant's contribution must
be a substantial portion of the necessities of the dependent. Under most
circumstances 40 to 50% of the cost of the necessities may be considered
substantial. If that determination is affirmative, the board will
determine whether the registrant's induction would result in extreme
hardship to his wife when she is the only dependent, or whether the
registrant's deferment is advisable because his child(ren), parent(s),
grandparent(s), brother(s), or sister(s) is dependent upon him for
support, or because his wife and his child(ren), parent(s),
grandparent(s), brother(s), or sister(s) are dependent upon him for
support. A deferment is advisable whenever the registrant's induction
would result in hardship to his dependents.
(c) The registrant's classification shall be determined on the basis
of the written information in his file, oral statements, if made by the
registrant at his personal appearance before a board, and oral
statements, if made by the registrant's witnesses at his personal
appearances.
[52 FR 24458, July 1, 1987]
Sec. 1642.4 Ineligibility for Class 3-A.
(a) A registrant is ineligible for Class 3-A when:
(1) He assumed an obligation to his dependents specifically for the
purpose of evading training and service; or
(2) He acquired excessive financial obligations primarily to
establish his dependency claim; or
[[Page 364]]
(3) His dependents would not be deprived of reasonable support if
the registrant is inducted; or
(4) There are other persons willing and able to assume the support
of his dependents; or
(5) The dependents would suffer only normal anguish of separation
from the registrant if he is inducted; or
(6) The hardship to a dependent is based solely on financial
conditions and can be removed by payment and allowances which are
payable by the United States to the dependents of persons who are
serving in the Armed Forces; or
(7) The hardship to the dependent is based upon considerations that
can be eliminated by payments and allowances which are payable by the
United States to the dependents of persons who are serving in the Armed
Forces.
(b) [Reserved]
[47 FR 4658, Feb. 1, 1982, as amended at 52 FR 24458, July 1, 1987]
Sec. 1642.5 Impartiality.
(a) Boards shall consider all questions in a claim for
classification in Class 3-A with equal consideration of race, creed,
color, sex or ethnic background.
(b) Boards may not give precedence to one type of dependency
hardship over another.
[52 FR 24458, July 1, 1987]
Sec. 1642.6 Considerations relevant to granting or denying claims for Class 3-A.
(a) The registrant's claim for Class 3-A must include the following,
with documentation, as applicable:
(1) Registrant's and his dependent's marital status;
(2) Physician's statement concerning any dependent who is physically
or mentally handicapped;
(3) Employment status of registrant and his dependents; and
(b) Each case must be weighed carefully and decided on its own
merits.
Sec. 1642.7 Types of decisions.
(a) A board may grant a classification into Class 3-A for such
period of time it deems appropriate but in no event the period exceed
one year.
(b) Upon the expiration of a 3-A classification a board shall review
any request for an extension of the classification as if it were the
first request for that classification, and the fact that the registrant
was placed in Class 3-A under apparently similar circumstances will not
be a factor in the decision of the board. This section does not relieve
a registrant from his duties under Sec. 1621.1 of this chapter.
(c) [Reserved]
(d) A board shall deny a claim for Class 3-A when the evidence fails
to meet the criteria established in this part.
[47 FR 4658, Feb. 1, 1982, as amended at 52 FR 24458, July 1, 1987]
Sec. 1642.8 Statement of reason for denial.
(a) Denial of a claim for Class 3-A by a board must be accompanied
by a statement specifying the reason(s) for such denial as prescribed in
Secs. 1633.9, 1651.4 and 1653.3 of this chapter. The reason must in
turn, be supported by evidence in the registrant's file.
(b) If a board's denial is based on statements by the registrant or
his witnesses at a personal appearance, this must be fully explained in
the statement of reasons accompanying the denial.
PART 1645--CLASSIFICATION OF MINISTERS OF RELIGION--Table of Contents
Sec.
1645.1 Purpose; definitions.
1645.2 The claim for minister of religion classification.
1645.3 Basis for classification in Class 4-D.
1645.4 Exclusion from Class 4-D.
1645.5 Impartiality.
1645.6 Considerations relevant to granting or denying a claim for Class
4-D.
1645.7 Evaluation of claim.
1645.8 Types of decisions.
1645.9 Statement of reason for denial.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq.; E.O. 11623.
Source: 47 FR 4660, Feb. 1, 1982, unless otherwise noted.
Sec. 1645.1 Purpose; definitions.
(a) The provisions of this part govern the consideration of a claim
by a registrant for classification in Class 4-D (Sec. 1630.43 of this
chapter).
[[Page 365]]
(b) The definitions of this paragraph shall apply in the
interpretation of the provisions of this part:
(1) The term duly ordained minister of religion means a person:
(i) Who has been ordained in accordance with the ceremonial ritual
or discipline of a church, religious sect, or organization established
on the basis of a community of faith and belief, doctrines and practices
of a religious character; and
(ii) Who preaches and teaches the doctrines of such church, sect, or
organization; and
(iii) Who administers the rites and ceremonies thereof in public
worship; and
(iv) Who, as his regular and customary vocation, preaches and
teaches the principles of religion; and
(v) Who administers the ordinances of public worship as embodied in
the creed or principles of such church, sect, or organization.
(2) The term regular minister of religion means one who as his
customary vocation preaches and teaches the principles of religion of a
church, a religious sect, or organization of which he is a member,
without having been formally ordained as a minister of religion, and who
is recognized by such church, sect, or organization as a regular
minister.
(3) The term regular or duly ordained minister of religion does not
include:
(i) A person who irregularly or incidentally preaches and teaches
the principles of religion of a church, religious sect, or organization;
or
(ii) Any person who has been duly ordained a minister in accordance
with the ceremonial rite or discipline of a church, religious sect or
organization, but who does not regularly, as a bona fide vocation, teach
and preach the principles of religion and administer the ordinances of
public worship, as embodied in the creed or principles of his church,
sect, or organization.
(4) The term vocation denotes one's regular calling or full-time
profession.
Sec. 1645.2 The claim for minister of religion classification.
A claim to classification in Class 4-D must be made by the
registrant in writing, such document being placed in his file folder.
Sec. 1645.3 Basis for classification in Class 4-D.
In accordance with part 1630 of this chapter any registrant shall be
placed in Class 4-D who is a:
(a) Duly ordained minister of religion; or
(b) Regular minister of religion.
Sec. 1645.4 Exclusion from Class 4-D.
A registrant is excluded from Class 4-D when his claim clearly shows
that:
(a) He is not a regular minister or a duly ordained minister; or
(b) He is a duly ordained minister of religion in accordance with
the ceremonial rite or discipline of a church, religious sect or
organization, but who does not regularly as his bona fide vocation,
teach and preach the principles of religion and administer the
ordinances of public worship, as embodied in the creed or principles of
his church, sect, or organization; or
(c) He is a regular minister of religion, but does not regularly, as
his bona fide vocation, teach and preach the principles of religion; or
(d) He is not recognized by the church, sect, or organization as a
regular minister of religion; or
(e) He is a duly ordained minister of religion but does not
administer the ordinances of public worship, as embodied in the creed of
his church, sect, or organization.
Sec. 1645.5 Impartiality.
Boards may not give preferential treatment to one religion or sect
over another and no preferential treatment will be given a duly ordained
minister over a regular minister.
Sec. 1645.6 Considerations relevant to granting or denying a claim for Class 4-D.
(a) The board shall first determine whether the registrant is
requesting classification in Class 4-D because he is a regular minister
of religion or because he is a duly ordained minister of religion.
(b) If the registrant claims to be a duly ordained minister of
religion, the board will:
[[Page 366]]
(1) Determine whether the registrant has been ordained, in
accordance with the ceremonial ritual or discipline of a church,
religious sect, or organization established on the basis of a community
of faith and belief, doctrines and practices of religious character, to
preach and teach the doctrines of such church, sect, or organization and
to administer the rites and ceremonies thereof in public worship; and
(2) Determine whether the registrant as his regular, customary, and
bona fide vocation, preaches and teaches the principles of religion and
administers the ordinances of public worship, as embodied in the creed
or principles of the church, sect, or organization by which the
registrant was ordained.
(c) If the registrant claims to be a regular minister of religion,
the board will:
(1) Determine whether the registrant as his customary and regular
calling or customary and regular full-time profession, preaches and
teaches the principles of religion of a church, a religious sect, or
organization of which he is a member, without having been formally
ordained as a minister of religion; and
(2) Determine whether the registrant is recognized by such church,
sect, or organization as a regular minister.
(d) If the board determines that the registrant is a regular
minister of religion or duly ordained minister of religion he shall be
classified in Class 4-D.
Sec. 1645.7 Evaluation of claim.
(a) In evaluating a claim for classification in Class 4-D, the board
will not consider:
(1) The training or abilities of the registrant for duty as a
minister; or
(2) The motive or sincerity of the registrant in serving as a
minister.
(b) The board should be careful to ascertain the actual duties and
functions of registrants seeking classification in Class 4-D, such
classification being appropriate only for leaders of the various
religious groups, not granted to members of such groups generally.
(c) Preaching and teaching the principles of one's sect, if
performed part-time or half-time, occasionally or irregularly, are
insufficient to establish eligiblity for Class 4-D. These activities
must be regularly performed and must comprise the registrant's regular
calling or full-time profession. The mere fact of some secular
employment on the part of a registrant requesting classification in
Class 4-D does not in itself make him ineligible for that class.
(d) The board should request the registrant to furnish any
additional information that it believes will be of assistance in the
consideration of the registrant's claim for classification in Class 4-D.
Sec. 1645.8 Types of decisions.
(a) If the board determines that the registrant is a regular
minister of religion or a duly ordained minister of religion, he shall
be classified in Class 4-D.
(b) The board will deny a claim for Class 4-D when the evidence
fails to meet the criteria established in this part.
Sec. 1645.9 Statement of reason for denial.
(a) Denial of a 4-D claim by a board must be accompanied by a
statement specifying the reason(s) for such denial as prescribed in
Secs. 1633.9, 1651.4 and 1653.3 of this chapter. The reason(s) must in
turn, be supported by evidence in the registrant's file.
(b) If the board's denial is based on statements by the registrant
or his witnesses at a personal appearance or on documentation in the
registrant's file, such basis will be fully explained in the statement
of reasons accompanying the denial.
PART 1648--CLASSIFICATION BY LOCAL BOARD--Table of Contents
Sec.
1648.1 Authority of local board.
1648.3 Opportunity for personal appearances.
1648.4 Appointment for personal appearances.
1648.5 Procedures during personal appearance before the local board.
1648.6 Registrants transferred for classification.
1648.7 Procedures upon transfer for classification.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq.; E.O. 11623.
[[Page 367]]
Sec. 1648.1 Authority of local board.
A local board shall consider and determine all claims which it
receives in accord with Sec. 1633.2 or Sec. 1648.6 of this chapter. No
action shall be taken by the board in the absence of a quorum of its
prescribed membership.
[52 FR 24458, July 1, 1987]
Sec. 1648.3 Opportunity for personal appearances.
(a) A registrant who has filed a claim for classification in Class
1-A-O or Class 1-O shall be scheduled for a personal appearance in
accord with Sec. 1648.4 before his claim is considered.
(b) A registrant who has filed a claim for classification in Class
2-D, Class 3-A, or Class 4-D, shall, upon his written request, be
afforded an opportunity to appear in person before the board before his
claim for classification is considered.
(c) Any registrant who has filed a claim for classification in an
administrative class and whose claim has been denied, shall be afforded
an opportunity to appear before the board if he requests that the denial
of such claim be reviewed by the board.
[47 FR 4661, Feb. 1, 1982, as amended at 52 FR 24458, July 1, 1987]
Sec. 1648.4 Appointment for personal appearances.
(a) Not less than 10 days (unless the registrant requests an earlier
appointment) in advance of the meeting at which he may appear, the
registrant shall be informed of the time and place of such meeting and
that he may present evidence, including witnesses, bearing on his
classification.
(b) Should the registrant who has filed a claim for classification
in Class 1-A-O or Class 1-O fail to appear at his scheduled personal
appearance, the board will not consider his claim for classification in
Class 1-A-O or Class 1-O. The board shall consider any written
explanation of such failure that has been filed within 5 days (or
extension thereof granted by the board) after such failure to appear. It
the board determines that the registrant's failure to appear was for
good cause it shall reschedule the registrant's personal appearance. If
the board does not receive a timely written explanation of the
registrant's failure to appear for his scheduled personal appearance or
if the board determines that the registrant's failure to appear was not
for good cause, the registrant will be deemed to have abandoned his
claim for Class 1-A-O or 1-O and will be notified that his claim will
not be considered. The board will notify the registrant in writing of
its action under this paragraph.
(c) Whenever a registrant who has filed a claim for a class other
than Class 1-A-0 or Class 1-0 for whom a personal appearance has been
scheduled, fails to appear in accord with such schedule, the board shall
consider any written explanation of such failure that has been filed
within 5 days (or extension thereof granted by the board) after such
failure to appear. If the board determines that the registrant's failure
to appear was for good cause it shall reschedule the registrant's
personal appearance. If the board does not receive a timely written
explanation of the registrant's failure to appear for his scheduled
personal appearance or if the board determines that the registrant's
failure to appear was not for good cause, the registrant will be deemed
to have abandoned his request for personal appearance and the board will
proceed to classify him on the basis of the material in his file. The
board will notify the registrant in writing of its action under this
paragraph.
[47 FR 4661, Feb. 1, 1982, as amended at 52 FR 24458, July 1, 1987]
Sec. 1648.5 Procedures during personal appearance before the local board.
(a) A quorum of the prescribed membership of a board shall be
present during all personal appearances. Only those members of the board
before whom the registrant appears shall classify him.
(b) At any such appearance, the registrant may present evidence,
including witnesses; discuss his classification; direct attention to any
information in his file; and present such further information as he
believes will assist the board in determing his proper classification.
The information furnished should be as concise as possible.
[[Page 368]]
(c) The registrant may present the testimony of not more than three
witnesses unless it is the judgment of the board that the testimony of
additional witnesses is warranted. The registrant may summarize in
writing, the oral information that he or his witnesses presented. Such
summary shall be placed in the registrant's file.
(d) A summary will be made of all oral testimony given by the
registrant and his witnesses at his personal appearance and such summary
shall be placed in the registrant's file.
(e) If the registrant does not speak English adequately he may
appear with a person to act as interpreter for him. The interpreter
shall be sworn in accordance with Sec. 1605.81(b). Such interpreter will
not be deemed to be a witness unless he testifies in behalf of the
registrant.
(f) During the personal appearance only the registrant or his
witnesses may address the board or respond to questions of the board and
only the registrant and the board will be allowed to address questions
to witnesses. A registrant may, however, be accompanied by an advisor of
his choosing and may confer with the advisor before responding to an
inquiry or statement by the board: Provided, That, those conferences do
not substantially interfere with or unreasonably delay the orderly
process of the personal appearance.
(g) If, in the opinion of the board, the informal, administrative
nature of the personal appearance is unduly disrupted by the presence of
an advisor, the board chairman may require the advisor to leave the
hearing room. In such case, the board chairman shall put a statement of
reasons for his action in the registrant's file.
(h) The making of verbatim transcripts, and the using of cameras or
other recording devices are prohibited in proceedings before the board.
This does not prevent the registrant or Selective Service from making a
written summary of all testimony presented.
(i) Proceedings before the local boards shall be open to the public
only upon the request of or with the permission of the registrant. The
board chairman may limit the number of persons attending the hearing in
order to maintain order. If during the hearing the presence on
nonparticipants in the proceeding becomes disruptive, the chairman may
close the hearing.
[47 FR 4661, Feb. 1, 1982, as amended at 52 FR 24459, July 1, 1987]
Sec. 1648.6 Registrants transferred for classification.
(a) Before a board of jurisdiction has undertaken the classification
of a registrant, the file may, at his request, be transferred for
classification to a local board nearer to his current address than is
the local board of jurisdiction.
(b) The Director of Selective Service may transfer a registrant to
another board for classification at any time when:
(1) A board cannot act on the registrant's claim because of
disqualification under the provisions of Sec. 1605.55 of this chapter;
or
(2) He deems such transfer to be necessary in order to assure
equitable administration of the Selective Service Law.
[47 FR 4661, Feb. 1, 1982, as amended at 52 FR 24459, July 1, 1987]
Sec. 1648.7 Procedures upon transfer for classification.
A board to which a registrant is transferred for classification
shall classify the registrant in the same manner it would classify a
registrant assigned to it. When the classification has been decided by
the transfer board, the file will be returned to the local board of
jurisdiction in the manner prescribed by the Director.
[47 FR 4661, Feb. 1, 1982]
PART 1651--CLASSIFICATION BY DISTRICT APPEAL BOARD--Table of Contents
Sec.
1651.1 Who may appeal to a district appeal board.
1651.2 Time within which registrants may appeal.
1651.3 Procedures for taking an appeal.
1651.4 Review by district appeal board.
1651.5 File to be returned after appeal to the district appeal board is
decided.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq. E.O. 11623.
Source: 47 FR 4662, Feb. 1, 1982, unless otherwise noted.
[[Page 369]]
Sec. 1651.1 Who may appeal to a district appeal board.
(a) The Director of Selective Service may appeal from any
determination of a local board when he deems it necessary to assure the
fair and equitable administration of the Selective Service Law:
Provided, That, no such appeal will be taken after the expiration of the
appeal period prescribed in Sec. 1651.2.
(b) The registrant may appeal to a district appeal board the denial
of his claim for a judgmental classification by the local board. The
registrant may appeal to a district appeal board the denial of his claim
for an administrative classification by the local board whenever its
decisions is not unanimous.
[47 FR 4662, Feb. 1, 1982, as amended at 52 FR 24459, July 1, 1987]
Sec. 1651.2 Time within which registrants may appeal.
The registrant who wishes to appeal must file the appeal with his
local board within 15 days after the date he is mailed a notice of
classification action. The registrant who wishes a personal appearance
before the district appeal board must file the request at the same time
he files the appeal.
Sec. 1651.3 Procedures for taking an appeal.
(a) When the Director of Selective Service appeals to a district
appeal board he shall place in the registrant's file a written statement
of his reasons for taking such appeal. When an appeal is taken by the
Director, the registrant will be notified that the appeal has been
taken, the reason therefor, and that the registrant may appear in person
before the appeal board in accord with Sec. 1651.4(e).
(b) The registrant may appeal the classification action of the local
board by filing with it a written notice of appeal. The registrant's
notice of appeal need not be in a particular form but must include the
name of the registrant and his request. Any notice shall be liberally
construed so as to permit the appeal.
(c) The registrant may also request an opportunity to appear in
person before the district appeal board and such appeal will be
considered by the board having jurisdiction over the local board which
last classified him.
(d) The registrant may attach to his appeal a statement specifying
the reasons he believes the classification action that he is appealing
is inappropriate, directing attention to any information in his file,
and setting out any information relevant to his claim.
Sec. 1651.4 Review by district appeal board.
(a) An appeal to the district appeal board is determined by the
classification of the registrant in a class other than 1-A or by its
refusal to take such action. No action shall be taken by the board in
the absence of a quorum of its prescribed membership.
(b) Prior to the adjudication of an appeal, the clerk of the appeal
board or any compensated employee authorized to perform the
administrative duties of the board shall review the file to insure that
no procedural errors have occurred during the history of the current
claim. Files containing procedural errors will be returned to the local
board that classified the registrant for any additional processing
necessary to correct such errors.
(c) Files containing procedural errors that were not detected during
the initial screening but which subsequently surfaced during processing
by the appeal board, will be acted on and the board will take such
action necessary to correct the errors and process the appeal to
completion.
(d) A board shall consider appeals in the order of their having been
filed.
(e) Upon receipt of the registrant's file, a board shall ascertain
whether the registrant has requested a personal appearance before the
board. If no such request has been made, the board may classify the
registrant on the bases of the material in his file.
(f) Not less than 10 days (unless the registrant requests an earlier
appointment) in advance of the meeting at which his classification will
be considered, the board shall inform any registrant with respect to
whom the Director of Selective Service has appealed or who has requested
a personal appearance that he may appear at such meeting and present
written evidence bearing on his classification.
[[Page 370]]
(g) During the personal appearance, only the registrant may address
the board or respond to questions of the board. The registrant will not
be permitted to present witnesses at the personal appearance before the
district appeal board. A registrant may, however, be accompanied by an
advisor of his choosing and may confer with the advisor before
responding to an inquiry or statement by the board: Provided, That,
those conferences do not substantially interfere with or unreasonably
delay the orderly process of the personal appearance.
(h) If, in the opinion of the board, the informal, administrative
nature of the hearing is unduly disrupted by the presence of an advisor
during the personal appearance, the board chairman may require the
advisor to leave the hearing room. In such case, the board chairman
shall put a statement of reasons for his action in the registrant's
file.
(i) Whenever a registrant who has filed a claim for whom a personal
appearance has been scheduled, fails to appear in accord with such
schedule, the board shall consider any written explanation of such
failure that has been filed within 5 days (or extension thereof granted
by the board) after such failure to appear. If the board determines that
the registrant's failure to appear was for good cause it shall
reschedule the registrant's personal appearance. If the board does not
receive a timely written explanation of the registrant's failure to
appear for his scheduled personal appearance or if the board determines
that the registrant's failure to appear was not for good cause, the
registrant will be deemed to have abandoned his request for personal
appearance and he will be classified on the basis of the material in his
file. The board will notify the registrant in writing of its action
under this paragraph.
(j) A quorum of the prescribed membership of a board shall be
present during all personal appearances. Only those members of the board
before whom the registrant appears shall classify him.
(k) At any personal appearance, the registrant may: Present his oral
testimony; point out the class or classes in which he thinks he should
have been placed; and direct attention to any information in his file.
The registrant may present any additional written information he
believes will assist the board in determining his proper classification.
The information furnished should be as concise as possible.
(l) The registrant may summarize in writing the oral information
that he presented. Such summary shall be placed in the registrant's
file.
(m) A summary will be made of oral testimony given by the registrant
at his personal appearance and such summary shall be placed in the
registrant's file.
(n) A district appeal board shall classify a registrant who has
requested a personal appearance after he:
(1) Has appeared before the board; or
(2) Has withdrawn his request to appear; or
(3) Has abandoned his right to an opportunity to appear; or
(4) Has failed to appear.
(o) In considering a registrant's appeal, a board shall not receive
or consider any information other than the following:
(1) Information contained in the registrant's file; and
(2) Oral statements by the registrant during the registrant's
personal appearance; and
(3) Written evidence submitted by the registrant to the board during
his personal appearance.
(p) In the event a board classifies the registrant in a class other
than that which he requested, it shall record its reasons therefor in
the file.
(q) The making of verbatim transcripts, and the using of cameras or
other recording devices are prohibited in proceedings before the board.
This does not prevent the registrant or Selective Service from making a
written summary of his testimony.
(r) Proceedings before the appeal boards shall be open to the public
only upon the request of or with the permission of the registrant. The
board chairman may limit the number of persons attending the hearing in
order to maintain order. If during the hearing the
[[Page 371]]
presence of non-participants in the proceedings becomes disruptive the
chairman may close the hearing.
[47 FR 4662, Feb. 1, 1982, as amended at 52 FR 24459, July 1, 1987]
Sec. 1651.5 File to be returned after appeal to the district appeal board is decided.
When the appeal to a district appeal board has been decided, the
file shall be returned as prescribed by the Director of Selective
Service.
PART 1653--APPEAL TO THE PRESIDENT--Table of Contents
Sec.
1653.1 Who may appeal to the President.
1653.2 Procedures for taking an appeal to the President.
1653.3 Review by the National Appeal Board.
1653.4 File to be returned after appeal to the President is decided.
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq.: E.O. 11623.
Source: 47 FR 4663, Feb. 1, 1982, unless otherwise noted.
Sec. 1653.1 Who may appeal to the President.
(a) The Director of Selective Service may appeal to the President
from any non-unanimous determination of a district appeal board when he
deems it necessary to assure the fair and equitable administration of
the Selective Service Law: Provided, That, no such appeal will be taken
after the expiration of the appeal period prescribed in paragraph (b) of
this section.
(b) When a registrant has been classified by a district appeal board
and one or more members of the board dissented from that classification,
he may within 15 days after a notice thereof has been mailed, appeal to
the President and may request a personal appearance before the National
Selective Service Appeal Board.
Sec. 1653.2 Procedures for taking an appeal to the President.
(a) When the Director of Selective Service appeals to the President
he shall place in the registrant's file a written statement of his
reasons for taking such appeal. When an appeal is taken by the Director
the registrant will be notified that the appeal has been taken, the
reasons therefor, and that the registrant may appear in person before
the National Board in accord with Sec. 1653.1(b).
(b) An appeal to the President by the registrant shall be taken by
filing a written notice of appeal with the local board that classified
him. He may at the same time file a written request to appear before the
National Selective Service Appeal Board. Such notice need not be in any
particular form but must state the name of the registrant and the fact
that he wishes the President to review the determination.
Sec. 1653.3 Review by the National Appeal Board.
(a) An appeal to the President is determined by the National Appeal
Board by its classification of the registrant in a class other than 1-A
or by its refusal to take such action. No action shall be taken by the
board in the absence of a quorum of its prescribed membership.
(b) Prior to the adjudication of an appeal, the clerk of the appeal
board or any compensated employee authorized to perform the
administrative duties of the board shall review the file to insure that
no procedural errors have occurred during the history of the current
claim. Files containing procedural errors will be returned to the board
where the errors occurred for any additional processing necessary to
correct such errors.
(c) Files containing procedural errors that were not detected during
the initial screening but which subsequently surfaced during processing
by the appeal board, will be acted on and the board will take such
action necessary to correct the errors and process the appeal to
completion.
(d) The board shall consider appeals in the order of their having
been filed.
(e) Upon receipt of the registrant's file, the board shall ascertain
whether the registrant has requested a personal appearance before the
board. If no such request has been made, the board may classify the
registrant on the basis of the material in his file.
(f) The board shall proceed to classify any registrant who has not
requested a personal appearance after the specified
[[Page 372]]
time in which to request a personal appearance has elapsed.
(g) Not less than 10 days in advance of the meeting at which his
claim will be considered, the board shall inform any registrant with
respect to whom the Director of Selective Service has appealed or who
has requested a personal appearance that he may appear at such meeting
and present written evidence bearing on his classification.
(h) During the personal appearance only the registrant may address
the board or respond to questions of the board. The registrant will not
be permitted to present witnesses at the personal appearance before the
National Appeal Board. A registrant may, however, be accompanied by an
advisor of his choosing and may confer with the advisor before
responding to an inquiry or statement by the board: Provided, That,
those conferences do not substantially interfere with or unreasonably
delay the orderly process of the personal appearance.
(i) If, in the opinion of the board, the informal, administrative
nature of the personal appearance is unduly disrupted by the presence of
an advisor, the board chairman may require the advisor to leave the
hearing room. In such a case, the board chairman shall put a statement
of reasons for his action in the registrant's file.
(j) Whenever a registrant who has filed a claim for whom a personal
appearance has been scheduled fails to appear in accord with such
schedule, the board shall consider any written explanation of such
failure that has been filed within five days (or extension thereof
granted by the board) after such failure to appear. If the board
determines that the registrant's failure to appear was for good cause it
shall reschedule the registrant's personal appearance. If the board does
not receive a timely written explanation of the registrant's failure to
appear for his scheduled personal appearance or if the board determines
that the registrant's failure to appear was not for good cause, the
registrant will be deemed to have abandoned his request for personal
appearance and the board will proceed to classify him on the basis of
the material in his file. The registrant will be notified in writing of
its action under this paragraph.
(k) A quorum of the prescribed membership of a board shall be
present during all personal appearances. Only those members of the board
before whom the registrant appears shall classify him.
(l) At any such appearance, the registrant may: Present oral
testimony; point out the class or classes in which he thinks he should
have been placed; and direct attention to any information in his file.
The registrant may present such further written information as he
believes will assist the board in determining his proper classification.
The information furnished should be as concise as possible.
(m) The registrant may summarize in writing the oral information
that he presented and any such summary shall be placed in his file.
(n) A summary will be made of the oral testimony given by the
registrant at his personal appearance and such summary shall be placed
in the registrant's file.
(o) The board shall classify a registrant who has requested a
personal appearance after he:
(1) Has appeared before the National Board; or
(2) Has withdrawn his request to appear; or
(3) Has waived his right to an opportunity to appear; or
(4) Has failed to appear.
(p) Whenever the National Board or the panel thereof to which a case
has been assigned cannot act on the case of a registrant, and there is
no other panel of the National Board to which the case may be
transferred, the decision of the District Appeal Board will be final.
(q) In considering a registrant's appeal, the board shall not
receive or consider any information other than the following:
(1) Information contained in the registrant's file; and
(2) Oral statements by the registrant at the registrant's personal
appearance; and
(3) Written evidence submitted by the registrant to the board during
his personal appearance.
[[Page 373]]
(r) In the event that the board classifies the registrant in a class
other than that which he requested, it shall record its reasons therefor
in his file.
(s) The making of verbatim transcripts, and the using of cameras or
other recording devices are prohibited in proceedings before the board.
This does not prevent the registrant or Selective Service from making a
written summary of his testimony.
(t) Proceedings before the National Appeal Board are closed to the
public.
[47 FR 4663, Feb. 1, 1982, as amended at 52 FR 24459, July 1, 1987]
Sec. 1653.4 File to be returned after appeal to the President is decided.
When the appeal to the President has been decided, the file shall be
returned as prescribed by the Director of Selective Service.
PART 1656--ALTERNATIVE SERVICE--Table of Contents
Sec.
1656.1 Purpose; definitions.
1656.2 Order to perform alternative service.
1656.3 Responsibility for administration.
1656.4 Alternative Service Office: jurisdiction and authority.
1656.5 Eligible employment.
1656.6 Overseas assignments.
1656.7 Employer responsibilities.
1656.8 Employment agreements.
1656.9 Alternative service worker's responsibilities.
1656.10 Job placement.
1656.11 Job performance standards and sanctions.
1656.12 Job reassignment.
1656.13 Review of alternative service job assignments.
1656.14 Postponement of reporting date.
1656.15 Suspension of order to perform alternative service because of
hardship to dependents.
1656.16 Early release--grounds and procedures.
1656.17 Administrative complaint process.
1656.18 Computation of creditable time.
1656.19 Completion of alternative service.
1656.20 Expenses for emergency medical care.
Authority: Sec. 6(j) Military Selective Service Act; 50 U.S.C. App.
456(j).
Source: 48 FR 16676, Apr. 19, 1983, unless otherwise noted.
Sec. 1656.1 Purpose; definitions.
(a) The provisions of this part govern the administration of
registrants in Class 1-W and the Alternative Service Program.
(b) The definitions of this paragraph shall apply in the
interpretation of the provisions of this part:
(1) Alternative Service (AS). Civilian work performed in lieu of
military service by a registrant who has been classified in Class 1-W.
(2) Alternative Service Office (ASO). An office to administer the
Alternative Service Program in a specified geographical area.
(3) Alternative Service Office Manager (ASOM). The head of the ASO.
(4) Alternative Service Work. Civilian work which contributes to the
maintenance of the national health, safety or interest, as the Director
may deem appropriate.
(5) Alternative Service Worker (ASW). A registrant who has been
found to be qualified for service and has been ordered to perform
alternative service (Class 1-W).
(6) Civilian Review Board. A board to review appeals by ASWs of job
assignments.
(7) Creditable Time. Time that is counted toward an ASWs fulfillment
of his alternative service obligation.
(8) Director. The Director of Selective Service, unless used with a
modifier.
(9) Employer. Any institution, firm, agency or corporation engaged
in lawful activity in the United States, its territories or possessions,
or in the Commonwealth of Puerto Rico, that has been approved by
Selective Service to employ ASWs.
(10) Job Assignment. A job with an eligible employer to which an ASW
is assigned to perform his alternative service.
(11) Job Bank. A current inventory of alternative service job
openings.
(12) Job Matching. A comparison of the ASW's work experience,
education, training, special skills, and work preferences with the
requirements of the positions in the job bank.
(13) Job Placement. Assignment of the ASW to alternative service
work.
(14) Open Placement. The assignment of ASWs without employer
interview to employers who have agreed to employ all ASWs assigned to
them up to an agreed number.
[[Page 374]]
Sec. 1656.2 Order to perform alternative service.
(a) The local board of jurisdiction shall order any registrant who
has been classified in Class 1-O or 1-O-S to perform alternative service
at a time and place to be specified by the Director.
(b) When the local board orders a registrant to perform alternative
service, it shall be the duty of the registrant to report for and
perform alternative service at the time and place ordered unless the
order has been canceled. If the time when the registrant is ordered to
report for alternative service is postponed, it shall be the continuing
duty of the registrant to report for and perform alternative service at
such time and place as he may be reordered. Regardless of the time when
or the circumstances under which a registrant fails to report for and
perform alternative service when it is his duty to do so, it shall
thereafter be his continuing duty from day to day to report for and
perform alternative service at the place specified in the order to
report for and perform alternative service.
(c) The Director may authorize a delay of reporting for alternative
service for any registrant whose date of induction conflicts with a
religious holiday historically observed by a recognized church,
religious sect or religious organization of which he is a member. Any
registrant so delayed shall report for alternative service on the next
business day following the religious holiday.
(d)(1) Any registrant who is satisfactorily pursuing a full-time
course of instruction at a high school or similar institution of
learning and is issued an order to perform alternative service shall,
upon presentation of appropriate facts in the manner prescribed by the
Director of Selective Service, have his date to report to perform
alternative service postponed:
(i) Until the time of his graduation therefrom; or
(ii) Until he attains the twentieth anniversary of his birth; or
(iii) Until the end of his last academic year, even if he has
attained the twentieth anniversary of his birth; or
(iv) Until he ceases satisfactorily to pursue such course of
instruction, whichever is the earliest.
(2) Any registrant who, while satisfactorily pursuing a full-time
course of instruction at a college, university or similar institution of
learning, is ordered to perform alternative service shall, upon the
presentation of appropriate facts in the manner prescribed by the
Director of Selective Service, have his date to report to perform
alternative service.
(i) Until the end of the semester or term, or in the case of his
last academic year, the end of the academic year; or
(ii) Until he ceases to satisfactorily pursue such course of
instruction, whichever is the earlier.
(e) After the order to perform alternative service has been issued,
the Director may postpone for a specific time the date when such
registrant is required to report in the following circumstances:
(1) In the case of the death of a member of the registrant's
immediate family, extreme emergency involving a member of the
registrant's immediate family, serious illness or injury of the
registrant, or other emergency beyond the registrant's control. The
period of postponement shall not exceed 60 days from the date of the
order to perform alternative service. When necessary, the Director may
grant one further postponement but the total postponement shall not
exceed 90 days from the reporting date on the order to perform
alternative service.
(2) When the registrant qualifies and is scheduled for a State or
National examination in a profession or occupation which requires
certification before being authorized to engage in the practice of that
profession or occupation.
(f) The Director shall issue to each registrant whose reporting date
to perform alternative service is postponed a written notice thereof.
(g) A postponement of reporting date to perform alternative service
shall not render invalid the order to report for alternative service
which has been issued to the registrant, but shall operate only to
postpone the reporting date, and the registrant shall report on the new
date scheduled without having issued to him a new order to report for
alternative service.
[[Page 375]]
(h) Any registrant receiving a postponement under the provisions of
this section, shall, after the expiration of such postponement, be
rescheduled to report for alternative service at the place to which he
was originally ordered.
[52 FR 8891, Mar. 20, 1987]
Sec. 1656.3 Responsibility for administration.
(a) The Director in the administration of the Alternative Service
Program shall establish and implement appropriate procedures to:
(1) Assure that the program complies with the Selective Service Law;
(2) Provide information to ASWs about their rights and duties;
(3) Find civilian work for ASWs;
(4) Place ASWs in jobs approved for alternative service;
(5) Monitor the work performance of ASWs placed in the program;
(6) Order reassignment and authorize job separation;
(7) Issue certificates of completion;
(8) Specify the location of Alternative Service Offices;
(9) Specify the geographical area in which the ASOs shall have
jurisdiction over ASWs;
(10) Establish Civilian Review Boards and panels and provide for the
selection and appointment of members thereof;
(11) Refer to the Department of Justice, when appropriate, any ASW
who fails to perform satisfactorily his alternative service;
(12) Perform all other functions necessary for the administration of
the Alternative Service Program; and
(13) Delegate any of his authority to such office, agent or person
as he may designate and provide as appropriate for the subdelegation of
such authority.
(b) The Region Director shall be responsible for the administration
and operation of the Alternative Service Program in his Region as
prescribed by the Director.
(c) The State Director shall perform duties for the administration
and operation of the Alternative Service Program in his State as
prescribed by the Director.
(d) The ASOM shall perform duties for the administration and
operation of the Alternative Service Program as prescribed by the
Director.
(1) The ASO shall be an office of record that is responsible for the
administration and operation of the Alternative Service Program in its
assigned geographical area of jurisdiction.
(2) The staff of each ASO shall consist of as many compensated
employees as shall be authorized by the Director.
(3) Appointment of civilians to ASO positions requiring direct
dealing with ASWs will be made as soon as feasible.
(e) The manager of an area office shall perform duties for
Alternative Service as prescribed by the Director.
Sec. 1656.4 Alternative Service Office: jurisdiction and authority.
(a) Jurisdiction over the ASW will be transferred from the area
office immediately after his classification in Class 1-W to the ASO that
administers the Alternative Service Program in the area in which he is
assigned to perform alternative service.
(b) The ASO shall:
(1) Evaluate and approve jobs and employers for Alternative Service;
(2) Order the ASW to report for alternative service work;
(3) Issue such orders as are required to schedule the ASW for job
interviews;
(4) Issue such orders as are required to schedule the ASW for job
placement;
(5) Monitor the ASW's job performance;
(6) Issue a certificate of satisfactory completion of the ASW's
Alternative Service obligation;
(7) Return the ASW to the jurisdiction of the area office from which
he was directed to perform Alternative Service; and
(8) Perform such other actions the Director may authorize as
necessary to administer the Alternative Service Program.
Sec. 1656.5 Eligible employment.
(a) The Director will determine in accordance with the Selective
Service Law which civilian employment programs or activities are
appropriate for Alternative Service work.
[[Page 376]]
(1) Employers which are considered appropriate for Alternative
Service assignments are limited to:
(i) The U.S. Government or a state, territory or possession of the
United States or a political subdivision thereof, the District of
Columbia or the Commonwealth of Puerto Rico;
(ii) Organizations, associations or corporations primarily engaged
either in a charitable activity conducted for the benefit of the general
public or in carrying out a program for the improvement of the public
health, welfare or environment, including educational and scientific
activities in support thereof, when such activity or program is not
principally for the benefit of the members of such organization,
association or corporation or for increasing the membership thereof.
(2) Employment programs or activities generally considered to be
appropriate for Alternative Service work include:
(i) Health care services, including but not limited to hospitals,
nursing homes, extended care facilities, clinics, mental health
programs, hospices, community outreach programs and hotlines;
(ii) Educational services, including but not limited to teachers,
teacher's aides, counseling, administrative support, parent counseling,
recreation, remedial programs and scientific research;
(iii) Environmental programs, including but not limited to
conservation and firefighting, park and recreational activities,
pollution control and monitoring systems, and disaster relief;
(iv) Social services, including but not limited to sheltered or
handicapped workshops, vocational training or retraining programs,
senior citizens activities, crisis intervention and poverty relief;
(v) Community services, including but not limited to fire
protection, public works projects, sanitation services, school or public
building maintenance, correctional facility support programs, juvenile
rehabilitation programs, and
(vi) Agricultural work.
(b) An organization desiring to employ ASWs is encouraged to submit
a request in writing to the Director or an ASOM for approval. Such
requests will be considered at any time.
(c) Selective Service shall negotiate employment agreements with
prospective employers with the objective of obtaining an adequate number
of agreements to assure the timely placement of all ASWs. Participating
employers will provide prospective job listings to Selective Service.
(d) Selective Service shall also negotiate employment agreements
with eligible employers wherein the employer will agree to hire a
specified number of ASWs for open placement positions.
(e) A registrant classfied in Class 1-O or Class 1-O-S may seek his
own alternative service work by identifying a job with an employer he
believes would be appropriate for Alternative Service assignments and by
having the employer advise the ASO in writing that he desires to employ
the ASW. The acceptability of the job and employer so identified will be
evaluated in accordance with Sec. 1656.5(a).
[48 FR 16676, Apr. 19, 1983, as amended at 51 FR 17627, May 14, 1986; 52
FR 8892, Mar. 20, 1987; 54 FR 27001, June 27, 1989]
Sec. 1656.6 Overseas assignments.
Alternative Service job assignments outside the United States, its
territories or possessions or the Commonwealth of Puerto Rico, will be
allowed when:
(a) The employer is deemed eligible to employ ASWs and is based in
the United States, its territories or possessions, or the Commonwealth
of Puerto Rico;
(b) The job meets the criteria listed in Sec. 1656.5(a);
(c) The ASW and the employer submit a joint application to Selective
Service for the ASW to be employed in a specific job;
(d) The employer satisfies Selective Service that the employer has
the capability to supervise and monitor the overseas work of the ASW;
and
(e) International travel is provided without expense to Selective
Service.
Sec. 1656.7 Employer responsibilities.
Employers participating in the Alternative Service Program are
responsible for:
[[Page 377]]
(a) Complying with the employment agreement with Selective Service;
(b) Providing a clear statement of duties, responsibilities,
compensation and employee benefits to the ASW;
(c) Providing full-time employment for ASWs;
(d) Assuring that wages, hours and working conditions of ASWs
confrom with Federal, state and local laws;
(e) Providing adequate supervision of ASWs in their employ; and
(f) Providing nondiscriminatory treatment of ASWs in their employ.
Sec. 1656.8 Employment agreements.
(a) Nature of Agreement. Before any ASW is placed with an employer,
Selective Service and the employer shall enter into an employment
agreement that specifies their respective duties and responsibilities
under the Alternative Service Program.
(b) Restrictions on Selective Service. The Selective Service System
shall not act in any controversy involving ASW's wages, hours and
working conditions except to the extent any of these subjects is
specifically covered in Sec. 1656.7, Sec. 1656.9, or the employment
agreement between Selective Service and the employer.
(c) Investigating and Negotiating. Whenever there is evidence that
an employer appears to be in violation of Sec. 1656.7, Selective Service
will investigate the matter. If the investigation produces substantial
evidence of violations of Sec. 1656.7, Selective Service will resolve
the matter.
(d) Termination of Employment Agreement. If a resolution of a
dispute cannot be reached by negotiation within a reasonable time, the
Selective Service System shall terminate the employment agreement and
shall reassign the ASW.
Sec. 1656.9 Alternative service worker's responsibilities.
(a) A registrant classified in Class 1-W is required to comply with
all orders issued under this part.
(b) A registrant classified in Class 1-W is liable to perform 24
months of creditable time toward completion of Alternative Service,
unless released earlier by the Director.
Sec. 1656.10 Job placement.
(a) Selective Service will maintain a job bank for the exclusive
purpose of placing ASWs in alternative service jobs.
(b) An ASW who has identified his own job in accordance with
Sec. 1656.5(e) of this part may be assigned by the ASO in that job
pending review of the job by Selective Service. If the job is then
approved as Alternative Service Work in accordance with Sec. 1656.5(a)
the ASW will receive creditable time beginning with the date he was
placed on the job by Selective Service. If the job is not approved he
will not receive creditable time and will be placed by Selective Service
in a position approved for Alternative Service Work. Selective Service
must review the job within 30 calendar days of the time it assigned the
ASW to begin work. If the elapsed time from date of placement to the
date of Selective Service review exceeds 30 days, the ASW will receive
creditable time from the date of placement regardless of the final
determination of employer eligibility made by Selective Service. If the
placement is ultimately determined to be inappropriate for Alternative
Service the ASW will be reassigned in accordance with Sec. 1656.12.
(c) In making job interview referrals and in making assignments of
ASWs to jobs, Selective Service will consider the compatibility of the
ASW's skills, work experience, and preferences with the qualification
criteria for the job.
(d) When An ASW is hired, the ASO will issue a Job Placement Order
specifying the employer, the time, date and place to report for his
alternative service work.
(e) The ASO will normally place the ASW in an alternative service
job within 30 calendar days after classification in Class 1-W.
Sec. 1656.11 Job performance standards and sanctions.
(a) Standards of Performance. An ASW is responsible for adhering to
the standards of conduct, attitude, appearance and performance demanded
by the employer of his other employees in similar jobs. If there are no
other employees, the standards shall conform to
[[Page 378]]
those that are reasonable and customary in a similar job.
(b) Failure to Perform. An ASW will be deemed to have failed to
perform satisfactorily whenever:
(1) He refuses to comply with an order of the Director issued under
this part;
(2) He refuses employment by an approved employer who agrees to hire
him;
(3) His employer terminates the ASW's employment because his
conduct, attitude, appearance or performance violates reasonable
employer standards; or
(4) He quits or leaves his job without reasonable justification, and
has not submitted an appeal of his job assignment to the Civil Review
Board.
(c) Sanctions for ASW's Failure to Perform. (1) The sanctions for
failure to meet his Alternative Service obligation are job reassignment,
loss of creditable time during such period and referral to the
Department of Justice for failure to comply with the Military Selective
Service Act.
(2) Prior to invoking any of the sanctions discussed herein, the ASO
will conduct a review as prescribed in Sec. 1656.17 of all allegations
that an ASW has failed to perform pursuant to any of the provisions of
Sec. 1656.11(b).
Sec. 1656.12 Job reassignment.
(a) Grounds for Reassignment. The Director may reassign an ASW
whenever the Director determines that:
(1) The job assignment violates the ASW's religious, moral or
ethical beliefs or convictions as to participation in a war that led to
his classification as a conscientious objector or violates
Sec. 1656.5(a) of this part.
(2) An ASW experiences a change in his mental or physical condition
which renders him unfit or unable to continue performing satisfactorily
in his assigned job;
(3) An ASW's dependents incur a hardship which is not so severe as
to justify a suspension of the Order to Perform Alternative Service
under Sec. 1656.15;
(4) The ASW's employer ceases to operate an approved program or
activity;
(5) The ASW's employer fails to comply with terms and conditions of
these regulations or;
(6) Continual and severe differences between the ASW's employer and
ASW remain unresolved.
(7) The sanctions authorized in Sec. 1656.11 should be applied.
(b) Who May Request Reassignment. Any ASW may request reassignment
to another job. An employer may request job reassignment of an ASW who
is in his employ.
(c) Method for Obtaining a Reassignment. All requests for
reassignment must be in writing with the reasons specified. The request
may be filed with the ASO of jurisdiction at any time during an ASW's
alternative service employment. An ASW must continue in his assigned
job, if available, until the request for assignment is approved.
Sec. 1656.13 Review of alternative service job assignments.
(a) Review of ASW job assignments will be accomplished in accordance
with the provisions of this subsection.
(b) Whenever the ASW believes that his job assignment violates his
religious, moral or ethical beliefs or convictions as to participation
in war that led to his classification as a conscientious objector or is
in violation of the provisions of this part he may request a
reassignment by the ASOM, as provided for in Sec. 1656.12.
(c) The ASOM shall reassign the ASW if the ASOM concludes that the
ASW's work assignment violates his religious, moral or ethical beliefs
or convictions as to participation in war which led to his
classification as a CO or is in violation of the provisions of this
part.
(d) If the ASOM does not reassign the ASW, the ASW may, within 15
days after the date of mailing of the decision of the ASOM, request a
review of his job assignment by a Civilian Review Board.
(e) The Director shall establish a Civilian Review Board for each
ASO in whose area ASW's are working. The Civilian Review Board shall
consist of not less than three members who will serve without
compensation. The Director may establish panels. No person will be
appointed to a Civilian Review
[[Page 379]]
Board who would be ineligible for appointment to a District Appeal
Board. A member of a Civilian Review Board would be disqualified in any
case that a member of a District Appeal Board would be disqualified
under the provisions of Sec. 1605.25(a), (b) of this chapter. Each
Board, or panel thereof, shall elect a chairman and a vice-chairman at
least every two years. A majority of the members of the Board when
present at any meeting shall constitute a quorum for the transaction of
business. A majority of the members present at any meeting at which a
quorum is present shall decide any question. Every member, unless
disqualified, shall vote on every question. In case of a tie vote on a
question, the Board shall postpone action until the next meeting. If the
question remains unresolved at the next meeting, the Director will
transfer the case to another board. If, through death, resignation, or
other causes, the membership of the Board falls below the prescribed
number of members, the Board or panel shall continue to function,
provided a quorum of the prescribed membership is present at each
official meeting.
(f) It shall be the function of the Civilian Review Board to
determine whether or not an ASW's job assignment violates the ASW's
religious, moral, or ethical beliefs of convictions as to participation
in war which led to his classification as a conscientious objector or is
in violation of the provisions Sec. 1656.5(a) of this part. In making
the former determination, the Review Board must be convinced by the ASW
that if the ASW performed the job, his convictions as to participation
in war would be violated in a similar way as if the ASW had participated
in war.
(g) The Civilian Review Board may affirm the assignment or order the
reassignment of the ASW in any matter considered by it.
(h) Procedures of the Civilian Review Board are:
(1) Appeals to the Board shall be in writing, stating as clearly as
possible the ground for the appeal.
(2) The ASW may appear before the Board at his request. He may not
be represented by counsel or present witnesses. The ASOM or his
representative may represent the Selective Service System at the hearing
and present evidence.
(3) The Board's determination will be based on all documents in the
ASW's file folder and statements made at the hearing.
(4) The decision of the Board will be binding only in the case
before it. A decision of a Board will not be relied upon by a Board in
any other case.
(5) A decision of the Board is not subject to review within the
Selective Service System.
Sec. 1656.14 Postponement of reporting date.
(a) General. The reporting date in any of the following orders may
be postponed in accord with this section.
(1) Report for Job Placement;
(2) Report for a Job Interview; or
(3) Report to an Employer to Commence Employment.
(b) Requests for Postponement. A request for postponement of a
reporting date specified in an order listed in paragraph (a) must be
made in writing and filed prior to the reporting date with the office
which issued the order. Such requests must include a statement of the
nature of the emergency and the expected period of its duration.
(c) Grounds for Postponement. An ASW may, upon presentation of the
appropriate facts in his request, be granted a postponement based on one
or more of the following conditions:
(1) The death of a member of his immediate family;
(2) An extreme emergency involving a member of his immediate family;
(3) His serious illness or injury; or
(4) An emergency condition directly affecting him which is beyond
his control.
(d) Basis for Considering Request. The ASW's eligibility for a
postponement shall be determined by the office of jurisdiction based
upon official documents and other written information contained in his
file. Oral statements made by the ASW or made by another person in
support of the ASW shall be reduced to writing and placed in the ASW's
file.
(e) Duration of Postponement. The initial postponement shall not
exceed 60 days from the reporting date in the order. When necessary, the
Director
[[Page 380]]
may grant one further postponement, but the total postponement period
shall not exceed 90 days from the reporting date in the order invovled.
(f) Termination of Postponement. (1) A postponement may be
terminated by the Director for cause upon no less than ten days written
notice to the ASW.
(2) Any postponement shall be terminated when the basis for the
postponement has ceased to exist.
(3) It is the responsibility of the ASW promptly to notify in
writing the office that granted the postponement whenever the basis for
which his postponement was granted ceases to exist.
(g) Effect of Postponement. A postponement of the reporting date in
an order shall not render the order invalid, but shall only serve to
postpone the date on which the ASW is to report. The ASW shall report at
the expiration or termination of the postponement.
(h) Religious Holiday. The Director may authorize a delay of
reporting under any of the orders specified for an ASW whose date to
report conflicts with a religious holiday historically observed by a
recognized church, religious sect or religious organization of which he
is a member. Any ASW so delayed shall report on the next business day
following the religious holiday.
Sec. 1656.15 Suspension of order to perform alternative service because of hardship to dependents.
(a) Whenever, after an ASW has begun work, a condition develops that
results in hardship to his dependent as contemplated by Sec. 1630.30(a)
of this chapter which cannot be alleviated by his reassignment under
Sec. 1656.12 (a)(3) of this part, the ASW may request a suspension of
Order to Perform Alternative Service. If the local board that ordered
the ASW to report for Alternative Service determines he would be
entitled to classification in Class 3-A, assuming that the ASW were
eligible to file a claim for that class, further compliance with his
order shall be suspended for a period not to exceed 365 days, as the
local board specifies. Extensions of not more than 365 days each may be
granted by the local board so long as the hardship continues until the
ASW's liability for training and service under the Military Selective
Service Act terminates.
(b) An ASW may file a request for the suspension of his Order to
Perform Alternative Service with the ASO. This request must be in
writing, state as clearly as possible the basis for the request, and be
signed and dated by the ASW. The ASW must continue working in his
assigned job until his request for the suspension of his Order to
Perform Alternative Service has been approved.
(c) Local boards shall follow the procedures established in parts
1642 and 1648 of this chapter to the extent they are applicable in
considering a request for the suspension of an Order to Perform
Alternative Service.
Sec. 1656.16 Early release--grounds and procedures.
(a) General Rule of Service Completion. An ASW will not be released
from alternative service prior to completion of 24 months of creditable
service unless granted an early release.
(b) Reasons For Early Release. The Director may authorize the early
release of an ASW whenever the ASO determines that the ASW:
(1) Has failed to meet the performance standards of available
alternative service employment because of physical, mental or moral
reasons;
(2) No longer meets the physical, mental or moral standards that are
required for retention in the Armed Forces based on a physical or mental
examination at a MEPS or other location designated by Selective Service;
(3) Is planning to return to school and has been accepted by such
school and scheduled to enter within 30 days prior to the scheduled
completion of his alternative service obligation;
(4) Has been accepted for employment and that such employment will
not be available if he remains in alternative service the full 24
months. Such early release shall not occur more than 30 days before the
scheduled completion of his alternative service obligation; or
(5) Has enlisted in or has been inducted into the Armed Forces of
the United States.
(c) Reclassification and Records. Upon granting an early release to
an ASW,
[[Page 381]]
the Director will reclassify the ASW and transfer his records in
accordance with Sec. 1656.19 of this part.
Sec. 1656.17 Administrative complaint process.
(a) Whenever the ASOM learns that the ASW may have failed to perform
satisfactorily his work (see Sec. 1656.11(b)) or he receives a complaint
by an employer or an ASW involving the ASW's work other than matters
described in Sec. 1656.8(b) of this part, he shall take necessary action
to:
(1) Interview, as appropriate, all parties concerned to obtain
information relevant to the problems or complaints;
(2) Place a written summary of each interview in the ASW's file and
employer's file;
(3) Inform the persons interviewed that they may prepare and submit
to him within ten days after the interview their personal written
statements concerning the problem;
(4) Place such statements in the ASW's file; and
(5) Resolve the matter.
(b) The employer or ASW may seek a review of the decision pursuant
to Sec. 1656.17(a)(5). Such request must be filed in writing with the
ASO, for action by the State Director of Selective Service, within ten
days after the date the notice of the decision is transmitted to the ASW
and employer.
Sec. 1656.18 Computation of creditable time.
(a) Creditable time starts when the ASW begins work pursuant to an
Order to Perform Alternative Service or 30 days after the issuance of
such order, whichever occurs first. Creditable time will accumulate
except for periods of:
(1) Work of less than 35 hours a week or an employer's full-time
work week whichever is greater;
(2) Leaves of absence in a calendar year of more than 5 days in the
aggregate granted by the employer to the ASW to attend to his personal
affairs unless such absence is approved by the ASOM;
(3) Time during which an ASW fails or neglects to perform
satisfactorily his assigned Alternative Service;
(4) Time during which the ASOM determines that work of the ASW is
unsatisfactory because of his failure to comply with reasonable
requirements of his employer;
(5) Time during which the ASW is not employed in an approved job
because of his own fault; or
(6) Time during which the ASW is in a postponement period or his
Order to Perform Alternative Service has been suspended.
(b) Creditable time will be awarded for periods of travel, job
placement and job interviews performed under orders issued by Selective
Service. Creditable time may be awarded for normal employer leave
periods.
(c) Creditable time will be awarded to an ASW for the time lost
after he leaves his job assignment following his request for
reassignment on the basis of Sec. 1656.13(b) of this part until he is
reassigned pursuant to Sec. 1656.13 (c) or (g) of this part. Creditable
time for the corresponding period will be lost if neither the ASOM nor
the Civilian Review Board orders the ASW's reassignment on the basis of
Sec. 1656.12(a)(1) of this part.
Sec. 1656.19 Completion of alternative service.
Upon completion of 24 months of creditable time served in
alternative service or when released early in accordance with
Sec. 1656.16(b) (3) or (4):
(a) The ASW shall be released from the Alternative Service Program;
and
(b) The Director shall issue to the ASW a Certificate of Completion
and the registrant shall be reclassified in Class 4-W in accordance with
Sec. 1630.47 of this chapter, and
(c) The ASW's records shall be returned to the area office of
jurisdiction after the ASW has completed his obligation or has been
separated from the Alternative Service Program for any reason.
Sec. 1656.20 Expenses for emergency medical care.
(a) Claims for payment of actual and reasonable expenses for
emergency medical care, including hospitalization, of ASWs who suffer
illness or injury, and the transportation and burial of the remains of
ASWs who suffer
[[Page 382]]
death as a direct result of such illness or injury will be paid in
accordance with the provisions of this section.
(b) The term ``emergency medical care, including hospitalization'',
as used in this section, means such medical care or hospitalization that
normally must be rendered promptly after occurrence of the illness or
injury necessitating such treatment. Discharge by a physician or
facility subsequent to such medical care or hospitalization shall
terminate the period of emergency.
(c) Claims will be considered only for expenses:
(1) For which only the ASW is liable and for which there is no legal
liability for his reimbursement except in accord with the provisions of
this section; and
(2) That are incurred as a result of illness or injury that occurs
while the ASW is acting in accord with orders of Selective Service to
engage in travel or perform work for his Alternative Service employer.
(d) No claim shall be allowed in any case in which the Director
determines that the injury, illness, or death occurred because of the
negligence or misconduct of the ASW.
(e) No claim shall be paid unless it is presented to the Director
within one year after the date on which the expense was incurred.
(f) Cost of emergency medical care including hospitalization greater
than usual and customary fees for service established by the Social
Security Administration, will prima facie be considered unreasonable.
Payment for burial expenses shall not exceed the maximum that the
Administrator of Veteran's Affairs may pay under the provisions of 38
U.S.C. 902(a) in any one case.
(g) Payment of claims when allowed shall be made only directly to
the ASW or his estate unless written authorization of the ASW or the
personal representative of his estate has been received to pay another
person.
PART 1657--OVERSEAS REGISTRANT PROCESSING--Table of Contents
Sec.
1657.1 Purpose; definition.
1657.2 Local boards.
1657.3 Distsrict appeal boards.
1657.4 Consideration of claims.
1657.5 Place of induction.
1657.6 Transportation.
Authority: Military Selective Service Act, 50 U.S.C. 451 et seq.;
E.O. 11623.
Source: 52 FR 24459, July 1, 1987, unless otherwise noted.
Sec. 1657.1 Purpose; definition.
(a) The provisions of this part apply to the processing of overseas
registrants, and, where applicable, they supersede inconsistent
provisions in this chapter.
(b) An overseas registrant is a registrant whose bona fide current
address most recently provided by him to the Selective Service System is
outside the United States, its territories or possessions, Commonwealth
of Puerto Rico, Canada and Mexico.
Sec. 1657.2 Local boards.
The Director shall establish local boards with jurisdiction to
determine claims of overseas registrants. Such boards shall consist of
three or more members appointed by the President. The Director shall
prescribe the geographic jurisdiction of each board, and designate or
establish an area office to support it.
Sec. 1657.3 District appeal boards.
The Director shall establish district appeal boards with
jurisdiction to determine appeals of claims of overseas registrants.
Such boards shall consist of three or more members appointed by the
President. The Director shall prescribe the geographic jurisdiction of
each board.
Sec. 1657.4 Consideration of claims.
An overseas registrant's claim shall be determined by a local board
(or its supporting area office) or appeal board as may be established in
accord with this part or, upon the request of the registrant filed no
later than the filing of his claim for reclassification, by the board
having geographic jurisdiction over his permanent address within the
United States last reported by him to the Selective Service System prior
to issuance of his induction order.
[[Page 383]]
Sec. 1657.5 Place of induction.
The Director may order an overseas registrant to any place in the
world for induction.
Sec. 1657.6 Transportation.
(a) The Director shall furnish transportation for an overseas
registrant from the place at which the registrant's order to report for
induction was sent to the place he is required to report for induction.
If such registrant is not inducted, the Director shall furnish him
transportation from the place he reported for induction to the place to
which his order to report for induction was sent.
(b) In the event the personal appearance before a local board or
appeal board of an overseas registrant is required or permitted by
regulation, travel expenses incurred in personally appearing before the
board shall be at the registrant's own expense.
PART 1659--EXTRAORDINARY EXPENSES OF REGISTRANTS--Table of Contents
Authority: Military Selective Service Act, 50 U.S.C. App. 451 et
seq.; E.O. 11623.
Sec. 1659.1 Claims.
(a) Claims for payment of actual and reasonable expenses of:
(1) Emergency medical care, including hospitalization of registrants
who suffer illness or injury; and
(2) The transportation and burial of the remains of registrants who
suffer death while acting under orders issued by or under the authority
of the Director of Selective Service will be paid in accordance with the
provisions of this section.
(b) Claims for payment of expenses incurred for the purposes set
forth in paragraph (a) of this section shall be presented to the
Director of Selective Service.
(c)(1) The term emergency medical care, including hospitalization,
as used in this section, shall be construed to mean such medical care or
hospitalization that normally must be rendered promptly after an
occurrence of illness or injury. Discharge by a physician or facility
subsequent to such medical care or hospitalization shall be
justification to terminate the period of emergency.
(2) The death of a registrant shall be deemed to have occurred while
acting under orders issued by or under the authority of the Director of
Selective Service if it results directly from an illness or injury
suffered by the registrant while so acting and occurs prior to the
completion of an emergency medical care, including hospitalization,
occasioned by such illness or injury.
(d) No such claim shall be paid unless it is presented within the
period of one year from the date on which the expenses were incurred.
(e) No such claim shall be allowed in case it is determined that the
cause of injury, illness, or death was due to negligence or misconduct
of the registrant.
(f) Burial expenses shall not exceed the maximum prescribed in
Section 11 of the Military Selective Service Act in any one case.
(g) Payment of such claims when allowed shall be made only:
(1) Directly to the person or facility with which the expenses were
incurred; or
(2) By reimbursement to the registrant, a relative of the
registrant, or the legal representative of the registrant's estate, for
original payment of such expenses.
[47 FR 4664, Feb. 1, 1982]
PART 1662--FREEDOM OF INFORMATION ACT (FOIA) PROCEDURES--Table of Contents
Sec.
1662.1 Applicability of this part.
1662.2 Procedure for requesting information.
1662.3 Identification of information requested.
1662.4 Consideration of requests for information.
1662.5 Inspection, copying, and obtaining copies.
1662.6 Fee schedule; waiver of fees.
Authority: 5 U.S.C. 552, as amended.
Source: 47 FR 7223, Feb. 18, 1982, unless otherwise noted.
[[Page 384]]
Sec. 1662.1 Applicability of this part.
The provisions of this part prescribe the procedures for requests
for information under 5 U.S.C. 552, as amended (Freedom of Information
Act).
Sec. 1662.2 Procedure for requesting information.
Requests for information under the Freedom of Information Act (FOIA)
shall be in writing and should be addressed to the Director, Selective
Service System, ATTN: Records Manager, Washington, DC 20435.
Sec. 1662.3 Identification of information requested.
Any person who requests information under FOIA shall provide a
reasonably specific description of the information sought so that it may
be located without undue search. If the description is not sufficient,
the records manager will notify the requester and, to the extent
possible, indicate the additional information required. Every reasonable
effort shall be made to assist a requester in the identification and
location of the record or records sought.
Sec. 1662.4 Consideration of requests for information.
(a) Upon receipt of any request for information or records, the
records manager will determine within 10 days (excepting Saturdays,
Sundays, and legal federal holidays) whether it is appropriate to grant
the request and will immediately provide written notification to the
person making the request. If the request is denied, the written
notification to the person making the request will include the reasons
therefor and a notice that an appeal may be lodged with the Director of
Selective Service.
(b) Appeals shall be in writing and addressed to the Director of
Selective Service at the address specified in Sec. 1662.2 of this part.
The appeal shall include a statement explaining the basis for the
appeal. Determinations of appeals will be in writing and signed by the
Director, or his designee, within 20 days (excepting Saturdays, Sundays,
and legal federal holidays). If, on appeal, the denial is in whole or in
part upheld, the written determination will include the reasons therefor
and also contain a notification of the provisions for judicial review.
Sec. 1662.5 Inspection, copying, and obtaining copies.
When a request for information has been approved in accord with
Sec. 1662.4, the person making the request may make an appointment to
inspect or copy the materials requested during regular business hours by
writing or telephoning the records manager at the address listed in
Sec. 1662.2. Such materials may be copied manually without charge, and
reasonable facilities will be made available for that purpose. Also,
copies of individual pages of such materials will be made available as
specified in Sec. 1662.6; however, the right is reserved to limit to a
reasonable quantity the copies of such materials which may be made
available in this manner.
Sec. 1662.6 Fee schedule; waiver of fees.
(a) Definitions--For the purposes of this section:
(1) Direct costs mean those expenditures which the Selective Service
System (SSS) actually incurs in searching for and duplicating (and in
the case of commercial requesters, reviewing) documents to respond to a
FOIA request. Direct costs include, for example, the salary of the
employee performing work (the basic rate of pay for the employee plus 16
percent of the rate to cover benefits) and the cost of operating
duplicating machinery. Not included in direct costs are overhead
expenses such as costs of space, and heating or lighting the facility in
which the records are stored.
(2) The term search includes all time spent looking for material
that is responsive to a request, including page-by-page or line-by-line
identification of material within documents. Search should be
distinguished from review of material in order to determine whether the
material is exempt from disclosure (see paragraph (a)(4) of this
section). Searches may be done manually or by computer using existing
programming.
(3) Duplication refers to the process of making a copy of a document
necessary to respond to an FOIA request. Such copies may take the form
of paper copy, microform, audio-visual
[[Page 385]]
materials, or machine readable documentation (e.g., magnetic tape or
disk), among others.
(4) Review refers to the process of examining documents located in
response to a commercial use request to determine whether any portion of
any document located is permitted to be withheld. It also includes
processing any documents for disclosure, e.g., doing all that is
necessary to excise them and otherwise to prepare them for release.
Review does not include time spent resolving general legal or policy
issues regarding the application of exemptions.
(5) The term `commercial use' request refers to a request from or on
behalf of one who seeks information for the use or purpose that furthers
the commercial, trade, or profit interests of the requester or the
person on whose behalf the request is made. In determining whether a
request properly belongs in this category the agency must determine the
use to which a requester will put the documents requested. Moreover
where there is reasonable cause to doubt the use to which a requester
will put the records sought, or where that use is not clear from the
request itself, the agency may seek additional clarification before
assigning the request to a specific category.
(6) The term educational institution refers to a preschool, a public
or private elementary or secondary school, an institution of graduate
higher education, an institution of undergraduate higher education, an
institution of professional education, and an institution of vocational
education, which operates a program or programs of scholarly research.
(7) The term non-commercial scientific institution refers to an
institution that is not operated on a commercial basis as that term is
referenced in paragraph (a)(5) of this section, and which is operated
solely for the purpose of conducting scientific research the results of
which are not intended to promote any particular product or industry.
(8) The term representative of the news media refers to any person
actively gathering news for an entity that is organized and operated to
publish or broadcast news to the public. The term news means information
that is about current events or that would be of current interest to the
public. Examples of news media entities include television or radio
stations broadcasting to the public at large, and publishers of
periodicals (but only in those instances when they can qualify as
disseminators of news) who make their products available for purchase or
subscription by the general public. These examples are not intended to
be all-inclusive. Moreover, as traditional methods of news delivery
evolve (e.g., electronic dissemination of newspapers through
telecommunications services), such alternative media would be included
in this category. In the case of freelance journalists, they may be
regarded as working for a news organization if they can demonstrate a
solid basis for expecting publication through that organization, even
though not actually employed by it. A publication contract would be the
clearest proof, but the agency may also look to the past publication
record of a requester in making this determination.
(b) Fees to be charged--categories of requesters. There are four
categories of FOIA requesters: Commercial use requesters; education and
non-commercial scientific institutions; representatives of the news
media; and other requesters. The FOI Reform Act prescribes specific
levels of fees for each of these categories:
(1) Commercial use requesters. A request for documents for
commercial use will be assessed charges which recover the full direct
costs of searching for, reviewing for release, and duplicating the
records sought. Requesters must reasonably describe the record sought.
Commercial use requesters are not entitled to two hours of free search
time nor 100 free pages of reproduction of documents. The cost of
searching for and reviewing records will be recovered even if there is
ultimately no disclosure of records (see paragraph (c)(5) of this
section).
(2) Educational and non-commercial scientific institution
requesters. Documents to requesters in this category will be provided
for the cost of reproduction alone, excluding charges for the first 100
pages. To be eligible for inclusion in this category, a requester must
show
[[Page 386]]
that the request is being made as authorized by and under the auspices
of a qualifying institution and that the records are not sought for a
commercial use, but are sought in furtherance of scholarly (if the
request is from an educational institution) or scientific (if the
request is from a non-commercial scientific institution) research.
Requesters must reasonably describe the records sought.
(3) Requesters who are representatives of the news media. Documents
will be provided to requesters in this category for the cost of
reproduction alone, excluding charges for the first 100 pages. To be
eligible for inclusion in this category, a requester must meet the
criteria in paragraph (a)(8) of this section, and his or her request
must not be made for a commercial use. A request for records supporting
the news dissemination function of the requester shall not be considered
to be a request that is for a commercial use. Requesters must reasonably
describe the records sought.
(4) All other requesters. The agency will charge requesters who do
not fit into any of the categories above fees which recover the full
reasonable direct cost of searching for and reproducing records that are
responsive to the request, except that the first 100 pages of
reproduction and the first two hours of search time shall be furnished
without charge. Moreover, requests from record subjects for records
about themselves filed in the agency's systems of records will continue
to be treated under the fee provisions of the Privacy Act of 1974 which
permit fees only for reproduction.
(c) Assessment and collection of fees--(1) Aggregated requests. If
the Records Manager reasonably believes that a requester or group of
requesters is attempting to break a request down into a series of
requests for the purpose of evading the assessment of fees, the Records
Manager may aggregate any such requests accordingly.
(2) Payment procedures--(i) Fee payment. The Records Manager may
assume that a person requesting records pursuant to this part will pay
the applicable fees, unless a request includes a limitation on fees to
be paid or seeks a waiver or reduction of fees pursuant to paragraph
(c)(4) of this section. Unless applicable fees are paid, the agency may
use the authorities of the Debt Collection Act (Pub. L. 97-365),
including disclosure to consumer reporting agencies and use of
collection agencies, where appropriate, to encourage payment.
(ii) Advance payment. (A) The Records Manager may require advance
payment of any fee estimated to exceed $250. The Records Manager may
also require full payment in advance where a requester has previously
failed to pay fees in a timely fashion.
(B) If the Records Manager estimates that the fees will likely
exceed $25, he will notify the requester of the estimated amount of
fees, unless the requester has indicated in advance his willingness to
pay fees as high as those anticipated. Such a notice shall offer a
requester the opportunity to confer with agency personnel with the
object of reformulating the request to meet his or her needs at a lower
cost.
(3) Late charges. The Records Manager may assess interest charges
when fee payment is not made within 30 days of the date on which the
billing was sent. Interest will be at the rate prescribed in section
3717 of title 31 U.S.C.A.
(4) Waiver or reduction of fees--(i) Standards for determining
waiver or reduction. The Records Manager shall grant a waiver or
reduction of fees chargeable under this section where it is determined
that disclosure of the information is in the public interest because it
is likely to contribute significantly to public understanding of the
operations or activities of the Selective Service System and is not
primarily in the commercial interest of the requester. The Records
Manager shall also waive fees that are less than the average cost of
collecting fees. In determining whether disclosure is in the public
interest, the following factors may be considered:
(A) The relation of the records to the operations or activities of
the System;
(B) The information value of the information to be disclosed;
(C) Any contribution to an understanding of the subject by the
general public likely to result from disclosure;
[[Page 387]]
(D) The significance of that contribution to the public
understanding of the subject;
(E) The nature of the requester's personal interest, if any, in the
disclosure requested; and
(F) Whether the disclosure would be primarily in the requester's
commercial interest.
(ii) Contents of request for waiver. The Records Manager will
normally deny a request for a waiver of fees that does not include:
(A) A clear statement of the requester's interest in the requested
documents;
(B) The use proposed for the documents and whether the requester
will derive income or other benefit from such use;
(C) A statement of how the public will benefit from such use and
from the release of the requested documents; and
(D) If specialized use of the documents or information is
contemplated, a statement of the requester's qualifications that are
relevant to the specialized use.
(iii) Burden of proof. In all cases the burden shall be on the
requester to present evidence or information in support of a request for
a waiver of fees.
(5) Fees for nonproductive search. Fees for record searches and
review may be charged even if not responsive documents are located or if
the request is denied, particularly if the requester insists upon a
search after being informed that it is likely to be nonproductive or
that any records found are likely to be exempt from disclosure. The
Records Manager shall apply the standards set out in paragraph (c)(4) of
this section in determining whether to waive or reduce fees.
Appendix A to Sec. 1662.6--Freedom of Information Fee Schedule
Duplication:
Photocopy, per standard page........................................$.10
Paper Copies of microfiche, per frame...............................$.10
Search and review:
Salary of the employee (the basic rate of pay of the employee plus
16 percent of that rate to cover benefits), performing the work of
manual search and review.
Computer search and production:
For each request the Records Manager will separately determine the
actual direct costs of providing the service, including computer search
time, tape or printout production, and operator salary.
Special services:
The Records Manager may agree to provide and set fees to recover the
costs of special services not covered by the Freedom of Information Act,
such as certifying records or information, packaging and mailing
records, and sending records by special methods such as express mail.
The Records Manager may provide self-service photocopy machines and
microfiche printers as a convenience to requesters and set separate
perpage fees reflecting the cost of operation and maintenance of those
machines.
Fee waivers:
For qualifying educational and noncommercial scientific institution
requesters and representatives of the news media the Records Manager
will not assess fees for review time, for the first 100 pages of
reproduction, or, when the records sought are reasonably described, for
search time. For other noncommercial use requests no fees will be
assessed for review time, for the first 100 pages of reproduction, or
for the first two hours of search time.
The Records Manager will waive in full fees that total less than
$1.00 or that are less than the average cost of collecting fees.
The Records Manager will also waive or reduce fees, upon proper
request, if disclosure of the information is in the public interest
because it is likely to contribute significantly to public understanding
of the operations or activities of the System and is not primarily in
the commercial interest of the requester.
[52 FR 13665, Apr. 24, 1987]
PART 1665--PRIVACY ACT PROCEDURES--Table of Contents
Sec.
1665.1 Rules for determining if an individual is the subject of a
record.
1665.2 Requests for access.
1665.3 Access to the accounting of disclosures from records.
1665.4 Requests to amend records.
1665.5 Request for review.
1665.6 Schedule of fees.
1665.7 Information available to the public or to former employers of
registrants.
1665.8 Systems of records exempted from certain provisions of this act.
Authority: 5 U.S.C. 552a.
[[Page 388]]
Source: 47 FR 7224, Feb. 18, 1982, unless otherwise noted.
Sec. 1665.1 Rules for determining if an individual is the subject of a record.
(a) Individuals desiring to know if a specific system of records
maintained by the Selective Service System (SSS) contains a record
pertaining to them should address their inquiries to the Director,
Selective Service System, ATTN: Records Manager, Washington, DC 20435.
The written inquiry should contain a specific reference to the system of
records maintained by Selective Service listed in the SSS Notices of
Systems of Records or it should describe the type of record in
sufficient detail to reasonably identify the system of records. Notice
of SSS Systems of Records subject to the Privacy Act is in the Federal
Register and copies of the notices will be available upon request to the
records manager. A compilation of such notices will also be made and
published by the Office of Federal Register, in accord with section 5
U.S.C. 552a(f).
(b) At a minimum, the request should also contain sufficient
information to identify the requester in order to allow SSS to determine
if there is a record pertaining to that individual in a particular
system of records. In instances when the information is insufficient to
insure that disclosure will be to the individual to whom the information
pertains, in view of the sensitivity of the information, SSS reserves
the right to ask the requester for additional identifying information.
(c) Ordinarily the requester will be informed whether the named
system of records contains a record pertaining to the requester within
10 days of receipt of such a request (excluding Saturdays, Sundays, and
legal federal holidays). Such a response will also contain or reference
the procedures which must be followed by the individual making the
request in order to gain access to the record.
(d) Whenever a response cannot be made within the 10 days, the
records manager will inform the requester of the reason for the delay
and the date by which a response may be anticipated.