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the Secretary of Defense during the period covered by such agreement but not to exceed four months.

Class II

§ 622.9 Class II-A: Registrant deferred because of civilian occupation (except agriculture). In Class II-A shall be placed any registrant whose employment in industry, or other occupation or employment, or whose continued service in an office (other than an office described in § 622.17) under the United States, or any State, Territory, or possession, or the District of Columbia, or whose activity in study, research, or medical, scientific, or other endeavors is found to be necessary to the maintenance of the national health, safety, or interest.

§622.10 Necessary employment defined. (a) A registrant's employment in industry or other occupation, service in office, or activity in study, research, or medical, scientific, or other endeavors shall be considered to be necessary to the maintenance of the national health, safety, or interest only when all of the following conditions exist:

(1) The registrant is, or but for a seasonal or temporary interruption would be, engaged in such activity;

(2) The registrant cannot be replaced because of a shortage of persons with his qualifications or skill in such activity;

and

(3) The removal of the registrant would cause a material loss of effectiveness in such activity.

(b) The President may, from time to time, (1) designate special categories of occupation, employment, or activity essential to the national health, safety, or interest; and (2) prescribe regulations governing the deferment of individual registrants engaged in such occupations, employments, or activities.

§ 622.11 Length of deferments in Class II-A. (a) Class II-A deferments shall be for a period of one year or less. If there is a change in the registrant's status during the period of the deferment in Class II-A, his classification shall be reopened and considered anew.

(b) At the expiration of the period of a registrant's deferment in Class II-A, his classification shall be reopened and he shall be classified anew in the manner provided in Part 625 of this chapter. The registrant may be continued in Class

II-A for a further period of one year or less if such classification is warranted. The same rules shall apply when classifying a registrant at the end of each successive period for which he has been classified in Class II-A.

(c) Nothing in this section shall be construed to require the local board to retain in Class II-A any registrant when the reason for his occupational classification has ceased to exist.

§ 622.12 General rules for classification in Class II-A. (a) On the local board is placed the responsibility, under applicable rules and regulations, of deciding which men should be deferred because of their civilian activities. It is in the national interest and of paramount importance to our national security that civilian activities which are contributing to the national health, safety, or interest should be disrupted as little as possible, consistent with the fundamental purpose of the Selective Service Act of 1948.

(b) No deferment from training and service shall be made in the case of any individual except upon the basis of the status of such individual.

(c) The local board may avail itself of the assistance of all Federal, State, or local agencies to obtain information which will help it to determine whether a claim for occupational deferment should be granted.

§ 622.13 Class II-C; Registrant deferred because of agricultural oссираtion. (a) In Class II-C shall be placed any registrant who is employed in the production for market of a substantial quantity of those agricultural commodities which are necessary to the maintenance of the national health, safety, or interest, but only when all of the conditions described in § 622.10 are found to exist.

(b) The production for market of a substantial quantity of agricultural commodities should be measured in terms of the average annual production per farm worker which is marketed from a local average farm of the type under consideration. The production of agricultural commodities for consumption by the worker and his family, or traded for subsistence purposes, should not be considered as production for market. Production which is in excess of that required for the subsistence of the farm families on the farm under consideration should be considered as production for market.

§ 622.14 Length of deferments in Class II-C. (a) Class II-C deferments shall be for a period of one year or less. If there is a change in the registrant's status during the period of deferment in Class II-C, his classification shall be reopened and considered anew.

(b) At the expiration of the period of a registrant's deferment in Class II-C, his classification shall be reopened and he shall be classified anew in the manner provided in Part 625 of this chapter. The registrant may be continued in Class II-C for a further period of one year or less if such classification is warranted. The same rule shall apply when classifying a registrant at the end of each successive period for which he has been classified in Class II-C.

(c) Nothing in this section shall be construed to require the local board to retain in Class II-C any registrant when the reason for his occupational classification has ceased to exist.

Class III

§ 622.15 Class III-A: Registrant with dependents. (a) In Class III-A shall be placed (1) a registrant who has a wife or child with whom he maintains a bona fide family relationship in their home; or (2) a registrant whose induction into the armed forces would result in hardship and privation to a person dependent upon him for support.

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

(c) The term "dependent" as used in paragraph (a) of this section shall include the registrant's wife, divorced wife, child, parent, grandparent, brother, or sister, or a person under 18 years of age, or a person of any age who is physically or mentally handicapped, whose support the registrant has assumed in good faith; provided such person is either a United States citizen or lives in the United States, its Territories, or possessions.

(d) In the consideration of a dependency claim, any payments of allowances which are payable by the United States to the dependents of persons serving in the armed forces of the United States shall be taken into consideration, but the fact that such payments of allowances are payable shall not be deemed conclusively to remove the grounds for deferment when the dependency is based upon financial considerations and shall not be deemed to remove the grounds for deferment when the dependency is based upon other than financial considerations and cannot be eliminated by financial assistance to the dependents.

Class IV

§ 622.16 Class IV-A: Registrant who has completed service; sole surviving son. (a) In Class IV-A shall be placed any registrant who falls within any of the following categories:

(1) A registrant who served honorably on active duty between December 7, 1941, and September 2, 1945, for a period in excess of 90 days, in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, the Public Health Service, or the armed forces of any country allied with the United States in World War II prior to September 2, 1945.

(2) A registrant who served honorably on active duty between September 16, 1940, and June 24, 1948, for a period of 12 months or more in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, the Public Health Service, or the armed forces of any country allied with the United States in World War II prior to September 2, 1945.

(3) A registrant who, after June 24, 1948, was honorably discharged upon the completion of a period of three years or more of active duty in the Army, the Air Force, the Navy, the Marine Corps, the Coast Guard, or the Public Health Service.

(4) A registrant who is the sole surviving son of a family of which one or more sons or daughters were killed in action or died in line of duty while serving in the armed forces of the United States, or subsequently died as a result of injuries received or disease incurred during such service.

(b) For the purposes of computation of periods of active duty referred to in subparagraphs (1), (2), or (3) of paragraph (a) 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;

(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;

(3) Periods of active duty as a cadet of the United States Military 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

(4) Periods of active duty in any of the armed forces while being processed for entry into or separation from any educational program or institution referred to in subparagraphs (2) or (3) of this paragraph.

§ 622.17 Class IV-B: Officials deferred by law. In Class IV-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.

§ 622.18 Class IV-C: Aliens. (a) In Class IV-C shall be placed any registrant who is an alien and who, prior to his induction, has made application to be relieved from liability for training and service in the armed forces of the United States by filing with the local board an Application by Alien for Relief from Training and Service in the Armed Forces (SSS Form No. 130), executed in duplicate. The local board shall forward the original of such form to the Director of Selective Service through the State Director of Selective Service and shall retain the duplicate in the registrant's Cover Sheet (SSS Form No. 101).

(b) In Class IV-C shall be placed any registrant who is an alien and because of his nationality is within a class of persons not acceptable to the armed forces

of the United States for training and service.

(c) In Class IV-C shall be placed any registrant who is an alien and has departed from and is no longer residing in the United States. Such alien shall be classed in Class IV-C even though he is a delinquent but this classification shall in no way relieve him from liability for prosecution for violation of the selective service law. If any registrant so classified under this paragraph returns to the United States to reside therein, his classification shall be reopened and he shall be classified anew.

§ 622.19 Class IV-D: Minister of religion or divinity student. (a) In Class IV-D shall be placed any registrant:

(1) Who is a regular minister of religion;

(2) Who is a duly ordained minister of religion;

(3) Who is a student preparing for the ministry under the direction of a recognized church or religious organization and who is satisfactorily pursuing a fulltime course of instruction in a recognized theological or divinity school; or

(4) Who is a student preparing for the ministry under the direction of a recognized church or religious organization and who is satisfactorily pursuing a fulltime course of instruction leading to entrance into a recognized theological or divinity school in which he has been preenrolled.

(b) Section 16 of title I of the Selective Service Act of 1948 contains in part the following provisions:

Sec. 16. When used in this title

(g) (1) the term "duly ordained minister of religion" means a person 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, to preach and to teach the doctrines of such church, sect, or organization and to administer the rites and ceremonies thereof in public worship, and who as his regular and customary vocation preaches and teaches the principles of religion and 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 a person who irregularly or incidentally preaches and teaches the principles of religion of a church, religious sect, or organization and does not include any person who may have 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 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.

§622.20 Class IV-E: Conscientious objector opposed to both combatant and noncombatant training and service. (a) In Class IV-E shall be placed any registrant who, by reason of religious training and belief, is found to be conscientiously opposed to participation in war in any form and to be conscientiously opposed to participation in both combatant and noncombatant training and service in the armed forces.

(b) Section 6 (j) of title I of the Selective Service Act of 1948 provides in part as follows:

Religious training and belief in this connection means an individual's belief in a relation to a Supreme Being involving duties superior to those arising from any human relation, but does not include essentially political, sociological, or philosophical views or a merely personal moral code.

§ 622.21 Class IV-F: Physically, mentally, or morally unfit. In Class IV-F shall be placed any registrant (a) who is found to be physically or mentally unfit for any service in the armed forces; (b) who, under the procedures and standards prescribed by the Secretary of Defense, is found to be morally unacceptable for any service in the armed forces; or (c) who has been separated from the armed forces by discharge other than an honorable discharge or a discharge under honorable conditions, or an equivalent type of release from service, and for whom the local board has not received a statement from the armed forces that the registrant is morally acceptable notwithstanding such discharge or separation.

Class V

§ 622.22 Class V-A: Registrant over the age of liability for military service. In Class V-A shall be placed every registrant who has attained the twentysixth anniversary of the day of his birth except those registrants who are in ac

tive military service in the armed forces and are in Class I-C. Registrants who prior to attaining the twenty-sixth anniversary of the day of their birth have been classified in some other class shall, as soon as practicable after attaining the twenty-sixth anniversary of the day of their birth, be reclassified into Class V-A.

MISCELLANEOUS PROVISIONS

§ 622.23 Director may direct that eligibility for particular classification be disregarded. The Director of Selective Service, notwithstanding any other provisions of these regulations, may direct that any registrant may be classified or reclassified without regard to his eligibility for a particular classification.

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§ 622.24 Identifying registrant whose registration is cancelled. Whenever the registration of a registrant is cancelled the local board shall enter the abbreviation "Canc." on all of its records with reference to such registrant.

§ 622.25 Identifying a registrant whose induction is postponed. A registrant who has been classified in Class I-A or Class I-A-O, and whose induction has been postponed for any reason whatsoever, shall be identified on all records by following his classification with the abbreviation "P".

§ 622.26 Identifying registrants who are deceased. Whenever a registrant dies, the local board shall enter the abbreviation "Dec." on all of its records with reference to such registrant.

§ 622.27 Identification of Class I-C registrants separated from armed forces. Whenever a registrant is separated from the armed forces after June 24, 1948, other than by death, and such registrant is retained in Class I-C under the provisions of § 622.7, his classification shall be followed with the identification "Disc." on all records with reference to such registrant unless he is transferred to a reserve component of the armed forces, in which case the provisions of § 622.28 shall apply.

§ 622.28 Identification of Class I-C registrant transferred to a reserve component of the armed forces. Whenever a registrant is transferred to a reserve component of the armed forces after completion of his period of service, pursuant to section 4 of the Selective Service Act of 1948, and such registrant is retained in Class I-C under the provisions of § 622.7, his classification shall be followed with the identification "Res." on all records of such registrant.

PART 623- CLASSIFICATION PROCEDURE

Sec.

623.1

623.2

623.3

623.4

623.5

623.6

623.7

623.8 623.9

Commencement of classification.
Consideration of classes.
Physical examination.
Action to be taken when classifica-
tion determined.

Persons required to have Notice of
Classification (SSS Form No. 110)
in personal possession.

Wrongful possession of, or making,
altering, forging, or counterfeiting,
Notice of Classification (SSS Form
No. 110) prohibited.

Issuing a duplicate of a lost, mislaid,
stolen, or destroyed Notice of Clas-
sification (SSS Form No. 110).
Register of conscientious objectors.
Registrants transferred for classi-
fication.

623.10 Procedure upon transfer for classification. 623.11 Registrant separated from armed forces of the United States.

623.12 Disqualified men.

§ 623.1 Commencement of classification. (a) Each registrant shall be classified as soon as practicable after his Classification Questionnaire (SSS Form No. 100) is received by the local board or as soon as practicable after the time allowed for him to return his Classification Questionnaire (SSS Form No. 100) has expired.

(b) The registrant's classification shall be determined solely on the basis of the official forms of the Selective Service System and such other written information as may be contained in his file; provided, that the local board shall proceed with the registrant's classification and classify him whenever (1) he fails to return his Classification Questionnaire (SSS Form No. 100) within the time allowed by § 621.10 of this chapter, or (2) he has been separated from the armed forces of the United States and the local board determines that he may be classified properly without requiring him to complete and return a Classification Questionnaire (SSS Form No. 100), or (3) he fails to provide the local board with any other information concerning his status which he is requested or required to furnish. Since it is imperative that appeal agencies have available to them all information on which the local board determined the registrant's classification, oral information shall not be con

sidered unless it is summarized in writing and the summary placed in the registrant's file. Under no circumstances shall the local board rely upon information received by a member personally unless such information is reduced to writing and placed in the registrant's file. None of the provisions of this section shall impair the power of the local board to take notice of the birthday of any registrant and of the fact that the Congress has made registrants of his age liable for induction for military service and in the absence of any other information, when the registrant has failed to furnish such information within the time prescribed, to classify the registrant as available for military service.

§ 623.2 Consideration of classes. Upon undertaking to classify any registrant, unless grounds are established to place the registrant in Class I-C under the provisions of § 622.7 of this chapter, the registrant shall be classified in the lowest class for which he is determined to be eligible with Class I-A considered the highest class and Class V-A considered the lowest class according to the following table:

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§ 623.3 Physical examination. Physical examination of registrants classified in Class I-A or Class I-A-O shall be accomplished under the provisions of Part 628 of this chapter.

§ 623.4 Action to be taken when classification determined. (a) As soon as practicable after the local board has classified or reclassified a registrant, (except a registrant who is classified in Class I-C because of his entering active service in the armed forces), it shall mail a notice thereof on a Notice of Classification (SSS Form No. 110) to the registrant. When a registrant is classified in Class II-A or Class II-C, the date of the termination of the deferment shall be entered on the Notice of Classification (SSS Form No. 110).

(b) As soon as practicable after the local board has classified or reclassified a registrant into any class other than Class V-A, it shall mail a notice thereof on a Classification Advice (SSS Form No. 111) to every person who has on file any

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