Harry S. Truman Presidential Library & Museum

Executive Orders
Harry S. Truman
1945-1953


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  EXECUTIVE ORDER 10167  
PRESCRIBING OR AMENDING PORTIONS OF THE SELECTIVE SERVICE REGULATIONS

By virtue of the authority vested in me by Title I of the Selective Service Act of 1948 (62 Stat. 604), as amended, it is ordered as follows:

1. I hereby prescribe the following portion of the regulations governing the administration of Title I of the said Act, as amended, which shall constitute a portion of Part 1650 of Chapter XVI of Title 32 of the Code of Federal Regulations, and a portion of the Selective Service Regulations:

PART 1650 - REGISTRATION, CLASSIFICATION, PHYSICAL EXAMINATION, SELECTION, AND INDUCTION OF PERSONS IN MEDICAL, DENTAL, AND ALLIED SPECIALIST CATEGORIES

GENERAL

Sec.
1650. 1 Applicability of regulations in this part.
1650.2 Overprinting of forms.

REGISTRATION
1650.3 Duty to be registered
1650.4 Registration of persons separated from reserve components of the armed forces.
1650.5 Registration of certain persons entering the United States.
1650.6 Inmate of institution.
1650.7 Responsibility for performance of duty.
1650.8 Registration, duties and procedures; accomplishment of registration.

CLASSIFICATION
1650.10 Preparation for classification.
1650.11 Classification.
1650.12 Identification of special registrants.

APPEARANCE, REOPENING AND APPEALS
1650.20 Appearance, reopening and appeals

PHYSICAL EXAMINATION
1650-30 Physical examination.

SELECTION, DELIVERY, AND INDUCTION
1650.40 Manner of allocating special calls.
1650.41 Special calls by the Secretary of Defense.
1650.42 Special calls by the Director of Selective Service.
1650.43 Special calls by State Director of Selective Service.
1650.44 Action by local board upon receipt of notice of a special call.
1650.45 Delivery and induction.

NOTICE AND DELINQUENTS
1650.50 Notice and delinquents.

GENERAL

§ 1650.1 Applicability of regulations in this part. (a) The registration, classification, physical examination, selection, and induction of male persons in medical, dental, and allied specialist categories under section 4(i) of title I of the Selective Service Act of 1948, as amended, shall be governed by the provisions of the regulations in this part except as otherwise provided for in this part. The provisions and definitions in Part 1602 of this chapter shall govern in the interpretation of the regulations in this part.

(b) The duties and liabilities imposed upon any person by section 4(i) of title I of the Selective Service Act of 1948, as amended, any proclamation issued by the President pursuant thereto, any order issued by the Director of Selective Service pursuant thereto, or the regulations in this part, shall be in addition to and shall in no wise affect or be affected by the duties and liabilities imposed upon such person by other provisions of title I of the Selective Service Act of 1948, as amended, or by any other proclamation or regulations issued pursuant to such other provisions.

§ 1650.2 Overprinting of forms. All forms which are used by the Selective Service System in the registration, classification, physical examination, selection, induction, and other processing of persons in medical, dental, and allied specialist categories under section 4(i) of title I of the Selective Service Act of 1948, as amended, shall contain an overprint reading "Special Registration No. ---" with the number of the particular special registration entered in the space provided therefore.

REGISTRATION

§ 1650.3 Duty to be registered. (a) On the day or days and between the hours fixed by proclamation of the President or order of the Director of Selective Service for the special registration of any male persons under the provisions of section 4(i) of the Selective Service Act of 1948, as amended, every person required to do so by such proclamation or order shall present himself for an submit to registration before a duly designated registration official or the local board having jurisdiction in the area in which he has a permanent home or in which he may happen to be on that day or any of those days.

(b) Any person who has registered in accordance with any Presidential proclamation issued under title I of the Selective Service Act of 1948, as amended, and the regulations prescribed thereunder, and who thereafter is required to register pursuant to any proclamation of the President or order of the Director of Selective Service fixing the day or days for any special registration under section 4(i) of such act, shall, notwithstanding such previous registration, present himself for and submit to registration under such latter proclamation or order.

§ 1650.4 Registration of persons separated from reserve components of the armed forces. Every male person who (a) would have been required to register in any special registration of persons in medical, dental, and allied special categories except for the fact that he was a member of a reserve component of the armed forces on the day or days fixed for his registration by proclamation of the President or order of the Director of Selective Service, (b) is thereafter separated from such reserve component and no longer is a member of any reserve component of the armed forces, and (c) has not been registered in such special registration prior to such separation, shall present himself for and submit to registration before a local board within the period of thirty days following the date on which he was so separated.

§ 1650.5 Registration of certain persons entering the United States. Every male person who would have been required to register on any day or days fixed by proclamation of the President or order of the Director of Selective Service for any special registration of persons in medical, dental, and allied specialist categories had he been within the United States and who thereafter enters the United States shall present himself for and submit to registration before a local board within the period of five days following the date on which he enters the United States.

§ 1650.6 Inmate of institution. Unless he has already been registered, every person subject to registration in any special registration of persons in medical, dental, and allied specialist categories who is an inmate of an insane asylum, jail, penitentiary, reformatory, or similar institution shall be registered on the day he leaves the institution.

§ 1650.7 Responsibility for performance of duty. Every person subject to registration in any special registration of persons in medical, dental, or allied specialist categories shall have the same responsibility for performance of duty as is provided in § 1611.6 of this chapter.

§ 1650.8 Registration, duties and procedures; accomplishment of registration. (a) The provisions of Parts 1612, 1613, 1617, and 1619 of this chapter shall be applicable to the special registration of persons in medical, dental, and allied specialist categories, except as otherwise provided in this section.

(b) Whenever a special registrant has been previously registered under the Selective Service Act of 1948, as amended, the local board having jurisdiction over such registrant in such prior registration shall have jurisdiction over the registrant.

(c) The Registrar shall not issue the Registration Certificate (SSS Form No. 2) after the Registration Card (SSS Form No. 1) has been signed by a special registrant but shall give the special registrant a Classification Questionnaire (SSS Form No. 100), three copies of Initial Data for Classification and Commissioning in Medical Services for Medical, Dental, and Veterinary Corps (DD Form No. 390), and a return envelope addressed to the local board of the registrar, which forms shall be completed by the special registrant and mailed to the local board in the return envelope within five days after his registration.

(d) When the completed Classification Questionnaire (SSS Form No. 100) and the three completed copies of Initial Data for Classification and Commissioning In Medical Services For Medical, Dental and Veterinary Corps (DD Form No. 390) of a special registrant are received by the local board, and the special registrant has been previously registered under the Selective Service Act of 1948, as amended, the local board shall forward the Registration Card (SSS Form No. 1), together with the questionnaire and the three copies of the initial data form, to the local board having jurisdiction over such registrant in the prior registration, which local board upon receiving such documents shall prepare the Registration Certificate (SSS Form No. 2) and mail it to the special registrant. If the special registrant has not been previously registered, the local board shall carefully check the place of residence of such special registrant as indicated on line 2 of his Registration Card (SSS Form No. 1), and if the local board finds that the place of residence shown is within its area, it shall prepare the Registration Certificate (SSS Form No. 2) and mail it to the special registrant. If the local board finds that the place of residence of the special registrant is not within its area, it shall dispose of the registration card, together with the questionnaire and the three copies of the initial data form, in the manner provided in § 1613.43 of this chapter, and the local board having jurisdiction over the place of residence upon receiving such documents shall prepare the Registration Certificate (SSS Form No. 2) and mail it to the special registrant.

(d) Separate Tally Sheets (SSS Form No. 4) shall be used for each special registration of persons in medical, dental, and allied specialist categories.

CLASSIFICATION

§ 1650.10 Preparation for Classification. (a) Except as otherwise provided in this section, the local board shall proceed with the preparation for the classification of a special registrant in the manner provided in Part 1621 of this chapter.

(b) The local board shall maintain for special registrants only a separate file of Registration Cards (SSS Form No. 1), a separate List of Registrants (SSS Form No. 3), a separate file of Cover Sheets (SSS Form No. 101), a separate Classification Record (SSS Form No. 102), and separate Local Board Actions and Minutes (SSS Form No. 112).

(c) If a special registrant has been previously registered under title I of the Selective Service Act of 1948, as amended, the local board shall assign the same selective service number to the new Registration Card (SSS Form No. 1) as has been previously assigned to such registrant.

(d) The Classification Questionnaire (SSS Form No. 100) shall not be mailed but shall be given to the special registrant at the time of registration as provided in § 1650.8.

(e) The local board shall prepare a Cover Sheet (SSS Form No. 101) for each special registrant. If a special registrant has been previously registered under title I of the Selective Service Act of 1948, as amended, the contents of his Cover Sheet (SSS Form No. 101) prepared in connection with the previous registration shall be removed therefrom and placed in the new cover sheet. A notation of such removal shall be placed on the empty cover sheet which shall then continue to be filed with the other cover sheets of the previous registration.

(f) If a special registrant has been previously registered under title I of the Selective Service Act of 1948, as amended, a notation that he has registered in a subsequent special registration shall be placed on his Registration Card (SSS Form No. 1) and on the Classification Record (SSS Form No. 102) which were prepared in connection with such previous registration.

§ 1650.11 Classification. (a) Except as otherwise provided in this section, the provisions of Parts 1622 and 1623 of this chapter shall be applicable to the classification of special registrants including such provisions as relate to the transfer of a registrant for classification.

(b) Each special registrant who has not attained the fifty-first anniversary of the day of his birth shall be considered by the local board as available for military service and eligible for classification in Class I-A until his eligibility for a deferred or exempt classification is clearly established to the satisfaction of the local board. The delivery to a special registrant of a Classification Questionnaire (SSS Form No. 100) and an Initial Data For Classification And Commissioning In Medical Services For Medical, Dental and Veterinary Corps (DD Form No. 390) shall be notice to the registrant that unless information is presented to the local board, within the time specified for the return of the questionnaire and initial data form, which will justify a deferred or exempt classification, the registrant will be classified in Class I-A.

(c) Every special registrant shall be placed in Class I-A under the provisions of § 1622.5 of this chapter except that when grounds are established to place such registrant in one or more of the classes in the following table, the special registrant shall be classified in the lowest class for which he is determined to be eligible, with Class I-A-O considered the highest class and Class I-C considered the lowest class according to the following table:

Class: I-A-O
IV-E
I-D
II-A
III-A
IV-A
IV-F
V-A
I-C

(d) A special registrant shall be placed in Class I-A-O under the provisions of § 1622.6 of this chapter.

(e) A special registrant shall be placed in Class I-C if (1) he is on, or enters upon, active duty in the armed forces, or (2) he has entered upon active duty in the armed forces after the date fixed for his registration in any special registration and has been separated therefrom by honorable discharge or discharge under honorable conditions or by an equivalent type of release from service.

(f) A special registrant shall be placed in Class I-D if he is or becomes a member of a reserve component of the armed forces.

(g) A special registrant shall be placed in Class II-A only if it is determined that (1) the medical, dental, or allied specialist service being performed by such registrant in his community is necessary to the maintenance of the national health, safety, or interest, (2) the service performed by him cannot be performed by other medical, dental, or allied specialists who are in the community, and (3) the registrant cannot be replaced in the community by another person who can perform such medical, dental, or allied specialist service. It is the intent of these criteria that a special registrant shall be placed in Class II-A when his induction would cause the availability of essential health services to fall below reasonable minimum standards. In making such determination, the local board shall give consideration to but shall not be bound by any advice offered by any committee established pursuant to section 4(j) of title I of the Selective Service Act of 1948, as amended.

(h) A special registrant shall be placed in Class III-A only if (1) it is determined that his induction into the armed forces would result in extreme hardship and privation to a wife, child, or parent, with whom he maintains a bona fide family relationship in their home, regardless of the date on which such bona fide family relationship was established, and (2) by reason of such determination it is considered advisable that he be deferred. The term "child" as used in this paragraph means a legitimate or an illegitimate child from the date of its conception, a child legally adopted, a stepchild, a foster child, and a person who is supported in good faith by the registrant in a relationship similar to that of parent and child, but shall not include any person 18 years of age or over unless he is physically or mentally handicapped.

(i) A special registrant shall be placed in Class IV-A only if he is the sole surviving son of a family of which ore or more sons or daughters were killed in action or died in line of duty while serving in the armed forces of the United States, or subsequently died as a result of injuries received or disease incurred during such service.

(j) A special registrant shall be placed in Class IV-E under the provisions of § 1622.20 of this chapter.

(k) A special registrant shall be placed in Class IV-F either under the provisions of § 1622.21 of this chapter or if he is otherwise not acceptable to the armed forces for service.

(l) A special registrant shall be placed in Class V-A if he has attained the fifty-first anniversary of the day of his birth unless he is on active military service in the armed forces and is in Class I-C.

§ 1650.12 Identification of special registrants. In recording the classification of each special registrant on the Classification Questionnaire (SSS Form No 100), the Classification Record (SSS Form No. 102), the Notice of Classification (SSS Form No. 100), and on all other records with respect to such registrant, the local board shall identify each such special by following his classification as a special registrant with the abbreviation "M" if he is a bachelor of medicine or a doctor of medicine by the abbreviation "D" if he is a doctor of dental surgery or a doctor of medical dentistry, by the abbreviation "V" if he is a doctor of veterinary surgery, or a doctor of veterinary medicine, or by such other abbreviation as may be prescribed by the Director of Selective Service for each other medical, dental, and allied specialist category.

APPEARANCE, REOPENING AND APPEALS

§ 1650.20 Appearance, reopening and appeals. A special registrant shall be entitled to the same rights of appearance before a local board, reopening of classification, appeal to the appeal board, and appeal to the President, as provided in Parts 1624, 1625, 1626, and 1627 of this chapter except that any request for appearance or reopening and any appeal to the appeal board or to the President, shall, when requested by the Director of Selective Service, take precedence over all other requests or appeals, except prior requests or appeals of other special registrants.

PHYSICAL EXAMINATION

§ 1650.30 Physical examination. (a) Except as otherwise provided in this section, the physical examination of a special registrant shall be accomplished in the manner provided in Part 1628 of this chapter.

(b) A special registrant shall not be given a medical interview. If the local board has reason to doubt that a special registrant is physically or mentally acceptable for service in the armed forces, the local board shall request the medical advisor to the local board to submit a statement of the registrant's condition to the State Director of Selective Service. The State Director of Selective Service shall obtain a determination from the commanding officer of the joint examining and induction station as to whether such registrant shall be forwarded for armed forces physical examination.

(c) In addition to the records mentioned in § 1628.17 of this chapter, the original and two copies of Initial Data For Classification And Commissioning In Medical Services For Medical, Dental, and Veterinary Corps (DD Form No. 390) shall be sent to the joint examining and induction station for each special registrant being forwarded for armed forces physical examination.

(d) After the armed forces physical examination of a special registrant has been accomplished and regardless of whether the registrant has been found acceptable or not acceptable for service in the armed forces, the final examining agency of the armed forces will forward to the State Director of Selective Service every record which under the provisions of § 1628.25 of this chapter would be forwarded to the local board or the State Director of Selective Service. The final examining agency of the armed forces will retain the original and one coy of Initial Data For Classification And Commissioning In Medical Services For Medical, Dental, and Veterinary Corps (DD Form No. 390) and send one copy to the State Director of Selective Service.

(e) The State Director of Selective Service shall maintain a record at State Headquarters of the name, local board, date of birth, specialist category, and number of order of priority under section 4(i)(2) of the Selective Service Act of 1948, as amended, of each special registrant who has been found acceptable for service in the armed forces. After the State Director of Selective Service has entered this information on such record, he shall forward the records received from the final examining agency of the armed forces for each special registrant to the registrant's local board.

(f) The Certificate of Acceptability (NME Form No. 62) for each special registrant who is found acceptable for service in the armed forces will show the specialist category in which the armed forces will accept him for service.

SELECTION, DELIVERY, AND INDUCTION

§ 1650.40 Manner of allocating special calls. (a) Each State Director of Selective Service shall report to the Director of Selective Service the name, date of birth, specialist category, and number of order of priority of every special registrant in his State who is in Class I-A or Class I-A-O and has been found acceptable for service in the armed forces.

(b) Special calls for specified numbers of male persons in any medical, dental, or allied specialist category shall, on the basis of the best information then available, be allocated, by the Director of Selective Service among the several States and by each State Director of Selective Service among the local boards in his State, in such manner that special registrants in each specialist category who are in Class I-A and Class I-A-O and have been found acceptable for service in the armed forces shall, on a Nation-wide basis within the Nation and a State-wide basis within each State, be ordered for induction in the order of their dates of birth with the youngest being selected first; Provided That, within each specialist category, those special registrants who are in a lower numbered order of priority under section 4(i)(2) of the Selective Service Act of 1948, as amended, shall be ordered to report for induction before special registrants who are in a higher numbered order of priority.

§ 1650.41 Special calls by the Secretary of Defense. The Secretary of Defense shall from time to time place with the Director of Selective Service a special call or requisition approved by the President or such other officer as he may designate for a specified number of men in any medical, dental, or allied specialist category to be inducted into the armed forces. The Secretary of Defense shall present such special calls or requisitions to the Director of Selective Service not less than 60 days prior to the period during which the delivery and induction of such men are to be accomplished.

§ 1650.42 Special calls by the Director of Selective Service. The Director of Selective Service shall, upon receipt of a special call or requisition from the Secretary of Defense, allocate such call or requisition among the several States. The Director of Selective Service shall issue to the State Director of Selective Service of each State concerned a Notice of Call on State (SSS Form No. 200) for the number of men in the specialist category found acceptable for service in the armed forces allocated to each State. The Director of Selective Service shall send two copies of each such Notice of Call on State (SSS Form No. 200) to the Secretary of Defense.

§ 1650.43 Special calls by State Director of Selective Service. The State Director of Selective Service, upon receiving a Notice of Call on State (SSS Form No. 200) from the Director of Selective Service shall (a) allocate to the local boards concerned within his State the number of men in the specialist category which his State is called upon to furnish for service in the armed forces and (b) issue to each local board concerned a Notice of Call on Local Board (SSS Form No 201) directing the local board to select and deliver for induction the number of such men who have been found to be acceptable for service in the armed forces fixed in such Notice of Call on Local Board (SSS Form No. 201). The State Director of Selective Service shall send a copy of each Notice of Call on Local Board (SSS Form No. 201) to the Commanding General of the Army Area in which his State is located and a copy to the commanding officer of the joint examining and induction station to which the selected men are directed to report for induction.

§ 1650.44 Action by local board upon receipt of notice of a special call. Each local board, upon receiving a Notice of Call on Local Board (SSS Form No. 201) from the State Director of Selective Service for a specified number of men in a specialist category shall select and order to report for induction the number of such men required to fill the call from among its special registrants in that specialist category who have been classified in Class I-A and Class I-A-O and who have been found acceptable for service in the armed forces, except that a special registrant classified in Class I-A or Class I-A-O who is a delinquent may be selected and ordered to report for induction notwithstanding the fact that he has not been found acceptable for service in the armed forces. Such special registrants shall be selected and ordered to report for induction in the order of their dates of birth with the youngest being selected first: Provided, That any such special registrant who is a delinquent shall, regardless of his age, be selected and ordered to report for induction before any other special registrant in the same specialist category. When two or more such special registrants have the same date of birth they shall, as among themselves, be selected in alphabetical order. The men so selected and ordered to report for induction shall be men to whom the local board has mailed a Certificate of Acceptability (NME Form No. 62) at least 21 days before the date fixed for induction: Provided, That a special registrant classified in Class I-A or Class I-A-O who is a delinquent may be selected and ordered to report for induction to fill an induction call for his specialist category notwithstanding the fact that he has not been mailed a Certificate of Acceptability (NME Form No. 62).

§ 1650.45 Delivery and induction. The delivery and induction of special registrants, pursuant to calls for such registrants, shall be accomplished in the manner provided in Part 1632 of this chapter; provided, that the induction of a special registrant shall not be postponed except under the provisions of § 1632.2 of this chapter.

NOTICE AND DELINQUENTS

§ 1650.50 Notice and delinquents. (a) Special registrants shall be subject to the provisions of Parts 1641 and 1642 of this chapter except as otherwise provided in this section.

(b) A delinquent special registrant who has not attained the fifty-first anniversary of the day of his birth may be classified in or reclassified into Class I-A or Class I-A-O under the provisions of § 1642.12 of this chapter.

(c) The local board shall order each delinquent special registrant who has not attained the fifty-first anniversary of the day of his birth and who is classified in or reclassified into Class I-A or Class I-A-O to report for induction in the manner provided in § 1650.44 unless (1) it has already done so, or (2) pursuant to a written request of the United States Attorney, the local board determines not to order such registrant to report for induction.

2. I hereby prescribe the following amendments of the Selective Service Regulations prescribed by Executive Order No. 9979 of July 20, 1948, (1) and constituting portions of Chapter XVI of Title 32 of the Code of Federal Regulations:

(a) The table of contents of Part 1602, Definitions, is amended by inserting, immediately after "1602.12 Singular and plural", the following: "1602.13 Special registrant".

(b) The following new section is added to Part 1602 immediately following § 1602.12:

§ 1602.13 Special registrant. Except as otherwise specifically provided, a "special registrant" is a person in a medical, dental, or allied specialist category registered under section 4(i) of the Selective Service Act of 1948, as amended.

HARRY S. TRUMAN
THE WHITE HOUSE,
October 11, 1950

(1) 3 CFR, 1948 Supp., p. 123.