§ 1690.17 Appeal to Director of Selective Service.

(a) The State Director of Selective Service may at any time take an appeal to the Director of Selective Service from any determination of an appeal board under this part (1) by mailing to the local board a written notice of appeal and directing the local board to forward to him the reservist's standby reserve folder and, if the reservist is a registrant or special registrant, his Cover Sheet (SSS Form No. 101) or (2) by placing in the reservist's standby reserve folder a written notice of appeal and advising the local board thereof. Before he forwards to the Director of Selective Service the reservist's standby reserve folder, and Cover Sheet (SSS Form No. 101) if the reservist is a registrant or special registrant, the State Director of Selective Service shall place in the standby reserve folder a written statement of his reasons for taking the appeal.

(b) When a reservist's case has been reviewed by an appeal board of a State other than the State in which the reservist's local board is located, either the State Director of Selective Service of the State in which the reservist's local board is located or the State Director of Selective Service of the State in which the appeal board is located may appeal to the Director of Selective Service from the determination of the appeal board.

(c) The reservist, any person who claims to be a dependent of the reservist, or any person who, prior to the determination appealed from, filed a written request that the reservist be found not available for order to active duty because of his current civilian occupation, at any time within 30 days after the mailing by the local board of a Standby Reserve Notice of Availability (SSS Form 86) notifying the reservist of the determination of the appeal board, may appeal to the Director of Selective Service from such determination if the appeal board determined that the reservist was available for order to active duty and was in Category I-R and one or more members of the appeal board dissented from such determination. The local board may permit any person entitled to appeal to the Director of Selective Service under this paragraph to do so, even though the 30day period provided for taking such an appeal has elapsed, if it is satisfied that the failure of such person to appeal within such 30-day period was due to a

lack of understanding of the right to appeal or to some cause beyond the control of such person.

(d) An appeal to the Director of Selective Service under the provisions of paragraph (c) of this section shall be taken by filing with the local board a written notice of appeal. Such notice need not be in any particular form but must state the name of the reservist and the name and identity of the person appealing so as to show the right of appeal, and the fact that such person wishes the Director of Selective Service to review the determination of the appeal board.

(e) When an appeal to the Director of Selective Service has been taken, the local board shall notify the reservist that the appeal has been taken, and, if the reservist's standby reserve folder or Cover Sheet (SSS Form No. 101), if any, is in its possession, forward such file(s) to the State Director of Selective Service.

(f) When an appeal to the Director of Selective Service is taken, the State Director of Selective Service shall check the file(s) in his possession or forwarded to him to be sure that all procedural requirements have been properly complied with, including notice to the reservist that such an appeal has been taken, and, if he discovers any procedural defects, return the file(s) for correction. If any information has been placed in the file(s) which was not considered by the local board in making the determination from which the appeal to the Director of Selective Service is taken, the State Director of Selective Service shall review such information and, if he is of the opinion that such information, if true, would justify a different determination in the reservist's case, return the file(s) to the local board with instructions to reconsider and redetermine the reservist's availability and category.

(g) When the State Director of Selective Service has complied with the provisions of paragraph (f) of this section and has not returned the file(s) to the local board, he shall forward the file(s) to the Director of Selective Service.

(h) When the appeal to the Director of Selective Service has been decided, the file(s) shall be returned to the local board through the appropriate State Director of Selective Service.

[Amdt. 68, 21 F.R. 2439, Apr. 14, 1956, as amended by Amdt. 79, 24 F.R. 731, Feb. 3, 1959; Amdt. 103, 32 F.R. 7073, May 10, 1967]

§ 1690.18 Determination of availability and category by Director of Selective Service.

Notwithstanding any other provisions of this part, the Director of Selective Service may at any time determine whether any reservist is available or not available for order to active duty and place the reservist in any category he may deem appropriate. Such action under this section by the Director of Selective Service shall be final unless he thereafter requests the local board to reconsider and redetermine the reservist's category.

§ 1690.19 Notification and recording of availability and category.

As soon as practicable after the local board has determined or redetermined the reservist's availability and category and also after the local board receives notice of the determination of a reservist's case by the appeal board or the Director of Selective Service, the local board shall:

(a) Mail a notice thereof on a Standby Reserve Notice of Availability (SSS Form No. 86) to the reservist and on a Standby Reserve Availability Advice (SSS Form No. 87) to every other person who has on file a current written request that the reservist be found not available for order to active duty, and enter upon each of such forms mailed concerning a determination of the appeal board, the record of the vote of the appeal board as follows: "Vote of appeal board-Yes No____."

(b) Enter on the Standby Reserve Questionnaire (SSS Form No. 80) a notation of the determination of the reservist's availability and category, the date of mailing of the Standby Reserve Notice of Availability (SSS Form No. 86), and the date of mailing of each Standby Reserve Availability Advice (SSS Form No. 87) and the name of the person to whom it is mailed.

(c) Enter on the Standby Reserve Availability Record (SSS Form No. 83) and on the Standby Reserve Questionnaire (SSS Form No. 80) the date of mailing of the Standby Reserve Notice of Availability (SSS Form No. 86) and also enter on the Standby Reserve Questionnaire (SSS Form No. 80) the date of

mailing of each Standby Reserve Availability Advice (SSS Form No. 87) and the name of the person to whom it is mailed. [Amdt. 68, 21 F.R. 2439, Apr. 14, 1956, as amended by Amdt. 76, 23 F.R. 4381, June 18, 1958, Amdt. 79, 24 F.R. 732, Feb. 3, 1959]

§ 1690.20 Notifying armed force of availability of reservist.

The local board shall notify the armed force of which a reservist is a member of his availability for order to active duty at such time as is fixed by the Director of Selective Service. § 1690.21

tial.

Records which are confiden

The records in a reservist's standby reserve folder and the information contained in such records shall be confidential.

§ 1690.22 Availability and use of confidential records and information.

(a) Information contained in records in a reservist's standby reserve folder may be disclosed or furnished to, or examined by, the following persons:

(1) The reservist, or any person having written authority signed by the reservist.

(2) All personnel of the Selective Service System while engaged in carrying out the functions of the Selective Service System or the functions conferred by this part.

(3) Any person having specific written authority from the Director of Selective Service.

(b) In the prosecution of a reservist for a violation of the Military Selective Service Act of 1967, the regulations in this chapter, any orders or directions made pursuant to such act or regulations, or for perjury, any records in the reservist's standby reserve folder shall be produced in response to the subpena of the court in which such prosecution is pending.

(c) Except as provided in paragraph (b) of this section, no officer or employee of the Selective Service System shall produce a reservist's standby reserve folder, or any part thereof, or testify regarding any confidential information contained therein, in response to the subpena of any court without the consent, in writing, of the reservist concerned, or of the Director of Selective Service.

(d) Whenever, under the provisions of this section, a reservist's standby reserve folder, or any part thereof, is produced as evidence in the proceedings of any court, such folder shall remain in the personal custody of an official of the Selective Service System, and permission of the court be asked, after tender of the original folder, to substitute a copy of the folder with the court.

§ 1690.23 Identification of records of reservists.

All forms in the titles of which the words "Standby Reserve" do not appear and all other records used by the Selective Service System in carrying out the functions conferred by this part shall be identified by stamping or otherwise placing thereon the words "Standby Reserve."