Note 2.-See note 1, section 133.

Note 3.-Section 139 may be extended to cases of induction of registrants reported on Form 146-C under the old Regulations, and also to cases of registrants reported on Form 1018 (p. 238). In any case considered in section 139 Local Boards have authority to postpone the sending to camp of a registrant whose case is so considered, pending final determination by the commanding officer of the proper mobilization camp. If such registrant is finally held for service by the camp commander he should be immediately forwarded to camp in the normal manner. If he is discharged from military service his case is governed by the last paragraph of the section. It should be understood that this authority should be exercised with great caution and used only in cases where induction results in great hardship and where the desertion is nonwilful. (Telegram A-4110, February 7, 1918.) Note 4. See note 1, section 99.

Note 5.-The Adjutant General of the Army receives many requests from State Adjutants General that names of deserters be stricken from the lists on Forms 146 B and C and 1018 (p. 238), because of circumstances of hardship surrounding the induction or mistake committed in connection therewith, either by a Local Board or by the registrant, where section 139 should have been invoked.

This section applies only to nonwilful deserters reported on Forms 146-B, 146-C, or 1018 (p. 238), and whether or not the man is in camp is immaterial. Local Boards have authority to postpone sending to camp any registrant whose case is receiving consideration under this section, and thus save expense of transportation. While considerable correspondence is necessary to obtain a discharge in this manner, less formal methods are impracticable and inadvisable.

Section 140. Persons inducted into military service who fail to report for military duty, or who fail to entrain, or who absent themselves from entrainment.

I. A registrant who, after the time set for his induction into military service (sections 133, 159g), and with intent to evade such service,

(a) Fails to report for military duty under induction orders, whether issued by the Adjutant General of the State (Form 1014, p. 234) or by a local board (Form 1028, p. 250); or who

(b) Fails to entrain for a mobilization camp pursuant to orders; or who

(c) Absents himself from his party en route to a mobilization camp, or otherwise refuses or neglects to proceed to the camp as ordered,

is a deserter, and subject to punishment by a court-martial. Note. Under section 49 it is the duty of all police officials to arrest such deserters and take them before a Local Board. II. The fact of desertion arising under the foregoing paragraph I of this section (except where the same arises as a result of failure to report under Form 1014) shall be reported by the Local Board to the local police authorities on Form 1012 (p. 232) with a copy

of the deserter's registration card. If such police authority is unable to produce the deserter within 48 hours, or in case he does not voluntarily appear before the Local Board within that time, such board shall immediately report the deserter's name to the Adjutant General of the Army through the Adjutant General of the State and the Provost Marshal General, on Form 1018 (p. 238), inclosing a copy of the order of induction into military service (Form 1028, p. 250), a copy of the registration card (Form 1, p. 219), and a copy of the report of physical examination (Form 1010, p. 227), in respect of such person, and shall enter the date of mailing such report in column 25 of the classification list.

III. Upon the arrest of a deserter the official or other person making the arrest shall take him before a near-by Local Board (preferably the Local Board which ordered him to report for military duty).

IV. Upon the appearance of a deserter before a Local Board, whether voluntary or under arrest, the procedure shall, in all cases, be as follows:

V. The Local Board shall first inquire whether the failure to report, or otherwise perform any duty described in paragraph I above, was with or without intent to evade military service. It shall thereupon cause him to be physically examined, unless a recent record of his physical examination is already in the possession of his Local Board.

(a) Default wilful: Registrant qualified for general military service. If the Local Board finds that the registrant failed to report or otherwise perform any duty described in paragraph I above, with intent to evade military service, and that he is physically qualified for general military service (Group A), it shall make and deliver to a police official or guard one copy of physical examination record. (Form 1010, p. 227) and a certificate (Form 1021, sec. 293, p. 242) to the effect that the desertion was wilful, to which shall be attached a letter stating the facts of desertion and apprehension, if apprehended, and shall direct such police official or guard to deliver the deserter to the nearest Army camp, post, or station.

Reward. (1) If such deserter has voluntarily appeared before the Local Board, or has been brought before it by a person prohibited from collecting a reward (see VI (a), post, p. 107), the Local Board shall make proper arrangements for his delivery to the nearest Army camp, post, or station as a deserter, but no reward shall be paid. The person delivering such deserter shall be entitled to actual and necessary expenses only, plus such reasonable compensation as may be prescribed by the Local Board and approved by the Commanding Officer of the camp to which the deserter is delivered, the total not to exceed $50 per man.

(2) In all cases, the person delivering a wilful deserter (except a person prohibited from collecting a reward, see VI (a), post, p. 107) is entitled to collect a reward of $50. In either case Local Boards shall issue Form 1021 (sec. 293, p. 242), but shall recommend thereon whether the entire reward of $50 or reimbursement of expenses should be paid.

Note 1.-See note 1, section 50, and VI (a), section 140. (b) Default wilful-Registrant qualified for special or limited military service only. If the Local Board finds that the regis

trant failed to report or otherwise perform any duty described in paragraph I above, with intent to evade military service, and that he is physically qualified for special or limited military service only, action shall not be delayed, but such case shall be disposed of in accordance with paragraph (a) above.

Reward. See paragraph (a) above.

(c) Default wilful-Registrant not qualified for general military service. If the Local Board finds that the registrant failed to report or otherwise perform any duty described in paragraph I above, with intent to evade military service, and that the deserter is physically qualified for general military service but has a remediable defect (Group B), or is totally and permanently physically disqualified (Group D), it shall not forward him to an Army camp, post, or station. The Local Board shall, however, immediately communicate by telegraph with the Commanding Officer of the mobilization camp to which men are being sent on a pending general call, if any, or to which men were sent on the last preceding general call, stating the facts in the case, that the desertion was wilful and the deserter physically disqualified, whether or not the desertion is admitted, and requesting immediate instructions. If the Commanding Officer directs that the deserter be forwarded to camp, he shall be delivered in the manner prescribed in paragraph (a) above. If the Commanding Officer directs his discharge, the Local Board shall forthwith reclassify the deserter in Class V, as being totally and permanently disqualified for military service, or in Class I, qualified for general military service but placed in remediable Group B, as determined by the result of the physical examination, and shall forthwith refer the case to the United States district attorney for prosecution for a violation of section 6 of the Selective-Service Law. Reward. No reward shall be payable for the apprehension and delivery to a Local Board of a wilful deserter, found physically disqualified, or qualified after being remedied. (deferred remediable group B). The person making the arrest and delivery, however, is entitled to reimbursement for the actual and necessary expense incurred, not to exceed $50 per man, in the apprehension and delivery of a deserter to such Local Board. The account for reimbursement of such necessary and reasonable expense will be stated on War Department Form 350-A (sec. 313, p. 263), which may be obtained by the Local Board upon application to State headquarters. After certification by a member of the Local Board, this account shall be forwarded for payment to the Commanding Officer of the nearest Army post, camp, or station. There should be attached to this claim for reimbursement a receipt from the Local Board for the deserter. This account should be carefully prepared and sworn to by the officer claiming the reimbursement.

(d) Default nonwilful-Registrant qualified for general military service. If the Local Board finds that the registrant failed to report or otherwise perform any duty described in paragraph 1 above, but without intent to evade military service, and that he is physically qualified for general military service (Group A), it shall send him to the mobilization camp to which men are being sent on a pending general call, if any, or to which men were sent on the last general call for men of the same color, with the papers provided in

section 160.

Reward. See paragraph (g) below.

(e) Default nonwilful-Registrant qualified for special or limited military service only.-If the Local Board finds that the registrant failed to report or otherwise perform any duty prescribed in paragraph 1 above, but without intent to evade military service, and that he is physically qualified for special or limited military service only, he shall be sent to the mobilization camp to which men are being sent on a pending call for men qualified for special or limited military service, if any, or to which men were sent on the last such general call for men of the same color, with the papers provided in section 160.

Reward. See paragraph (g) below.

(f) Default nonwilful-Registrant qualified for general military service in deferred remediable group.-If the Local Board finds that the registrant failed to report or otherwise perform any duty prescribed in paragraph I above, but without intent to evade military service, and that he is physically qualified for general military service but has a remediable defect (Group B), he shall be forwarded on the next general call for men qualified for general service when remedied (deferred remediable Group B).

Reward. See paragraph (g) below.

(g) Default nonwilful-Registrant disqualified for general military service. If the Local Board finds that the registrant failed to report or otherwise perform any duty described in paragraph I above, but without intent to evade military service, and that he is totally and permanently physically disqualified (Group D), it shall report the case to the mobilization camp, as described in paragraph (d) above, with a request for instructions.

Reward.-No reward shall be payable for the apprehension and delivery to a Local Board of a nonwilful deserter (paragraphs d, e, f, g), or of a deserter found to be an enemy alien (paragraph X below), but reimbursement may be obtained for the actual and necessary expense incurred, not to exceed $50 per man, in the apprehension and delivery of a deserter to such Local Board. Accounts for reimbursement of such necessary and reasonable expense will be stated on War Department Form 350-A (p. 263), which may be obtained by the Local Board on application to State headquarters, and after certification by a member of the Local Board, will be forwarded for payment to the commanding officer of the mobilization camp to which men are being sent on general call, if any, or to which men were sent on the last preceding general call. There should be attached to this claim for reimbursement a receipt from the Local Board for the deserter. This account should be carefully prepared and sworn to by the officer claiming reimbursement.

VI. In respect to the foregoing rules for rewards and expenses (see act of Congress, March 2, 1913), the following qualifications apply: (a) A reward can not be paid to a Local or District Board member, or clerk, or to any official or employee connected with the administration of the Selective-Service Law, or to a Federal official, but such person may obtain reimbursement for actual and necessary expenses as herein provided.

Note 1.-See n. 1, sec. 50.

(b) Whenever it is found that the expenses of the delivery of a wilful deserter to the nearest army post, camp, or station, will be in

excess of $50, Local Boards should telegraph to the commanding officer of such camp, post, or station, and request authority for such delivery, indicating that the expenses in connection with such delivery will be in excess of the usual reward of $50.

(c) If, upon delivery of an alleged deserter to the Local Board, it Is found that he has not actually been inducted into service, no reward shall be paid, but the officer who has apprehended and delivered the alleged deserter may obtain reimbursement for actual and necessary expenses incurred, by submitting a claim to the nearest United States marshal, together with a statement of the facts and a certificate from the Local Board concerned that the man apprehended and delivered has not been inducted into military service under the provisions of the Selective Service Regulations. The United States marshal will thereupon transmit the papers to the Department of Justice, with his approval or disapproval, and action upon the claim will be promptly taken.

VII. Papers to be forwarded for wilful deserter.-If the Local Board forwarding the deserter is the one which originally ordered him to camp, it shall forward by mail a new set of the usual papers (sec. 160) to the mobilization camp, together with a letter stating that such papers cover the person named therein, and that he is being sent to camp as a deserter, and giving the facts of desertion and apprehension or voluntary appearance.

VIII. When the Local Board sending the deserter to camp in accordance with this section is not the board which originally ordered him to camp it shall immediately inform the Local Board which ordered him to camp that the deserter is being sent to a camp, naming it, and shall inclose two copies of Form 1010 (p. 227), requesting the other board to send to such camp at once the following mobilization papers, with a letter stating that the papers cover the person named therein and that he is being sent to camp by the Local Board, naming it, before which he appeared as a deserter.

(1) One Form 1029 (p. 252), original and duplicate, in respect of the deserter, filling in the date as of the date the Local Board was informed by the Local Board of transfer of the deserter's arrest. (2) One Forms 1029 A and B (p. 253), in respect of the deserter, dating same as in (1).

(3) One copy of Form 1 (Registration Card) in respect of the deserter.

(4) One copy of Form 1010 (p. 227) in respect of the deserter.

IX. The Local Board sending the deserter to camp shall inform the Commanding Officer of the post, camp, or station that it will entrain the deserter, naming him, and that it, or the Local Board of previous jurisdiction, naming it, will furnish the necessary mobilization papers.

X. Upon the appearance before a Local Board of a deserter, wilful or nonwilful, who is found to be an enemy alien, such board shall immediately telegraph to the Commanding Officer of the proper mobilization camp (see par. (Vd) above) a full statement of the case and request instructions. If the camp commander directs his discharge, the Local Board shall thereupon report the case to the United States district attorney, who will consider the question of internment.

XI. In every instance in which a Local Board disposes of the case of a deserter in accordance with the procedure outlined in para