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or impart to any person not entitled under the foregoing paragraph to receive the same, any information contained in a record as to a registrant's physical condition, or as to his answers concerning dependency, as above provided, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment not to exceed one year.
The portions of such records as are hereinbefore held to be confidential shall not, without the consent of the registrant, be produced and published in response to any subpoena or summons of any court, except that they may be so produced and published for the purpose of being used in the prosecution of the registrant, or of any person acting in collusion with such registrant, for perjury or for any violation of the provisions of the Selective Service Law or of these Rules and Regulations.
Note 1.-Authority to examine records of the Local Boards by various governmental officers and agencies has been given as follows:
Note 2.-The Federal Board for Vocational Education is authorized to inspect series one of the Questionnaires of registrants. Such representatives must present a letter or certificate from the Federal Board for Vocational Education attesting their authority to represent that board. (Telegram A-998, December 17, 1917.)
Note 3.—Representatives of the Public Health Service of the United States and the Medical Section of the Council of National Defense are authorized to inspect physical examination records of registrants. Such representatives must present a letter or certificate from the Surgeon General, Public Health Service, or from the Medical Section, Council of National Defense, attesting their authority to represent the Public Health Service or the Council of National Defense. (Telegram A-1681, December 27, 1917.)
Note 4.—The duly accredited representatives of the War Department, Military Intelligence Branch of the General Staff; the Navy Department, Office of Naval Intelligence; the Department of Justice, Bureau of Investigation, are authorized to inspect registrants’ Questionnaires and physical examination records. Such representatives must present a letter or certificate from the chief of the bureau, office, or branch attesting their authority. (Telegram E-600, April 17, 1918.)
Note 5.-The Local and District Boards are instructed to permit officers of the Internal-Revenue Service who present proper credentials from the commissioner of that service to examine the answers of any registrants of the class under the head entitled “Dependency" in the Questionnaire. (Telegram B-2468, August 6, 1918.)
Note 6.-Representatives of the British and Canadian Recruiting Mission and other duly recognized missions are authorized through their representatives to examine the registration cards at the District Board Headquarters of registrants for the purpose of obtaining a list of the names of British subjects and certain other information concerning them. They are to be given access to the registration cards and allowed to take notes therefrom. (Circular Letter, June 17, 1918.)
All these examinations are to be made at such times and under such circumstances as will not interfere with the process of classification.
Note 7.--This section does not relieve examining physicians of their legal duty to report to local health authorities cases of communicable disease which come under their notice when such
report is required by State law. Section 12. Manner in which public may inspect records.
Whenever any registrant or other person (except one of the classes of persons named in the proviso of the foregoing Section 11 of these Rules and Regulations) applies to a Local or District Board to inspect any of the records of such boards, such registrant or other person shall not be permitted to search through such records, but it shall be the duty of members or clerks of Local and District Boards and other persons having the custody of such records, to discover, open, and point out to the registrant or other person, the portion of the record containing the information requested by such person so applying; subject to the limitations as to disclosures provided in the foregoing Section 11.
Note 1.- Local and District Boards are prohibited from giving lists of registrants to any person for advertising purposes. (Circular Letter, February 11, 1918.)
Note 2.--Since under the Selective Service Law and Regulations deferred classification, except in the cases involving outright exemption under the act of May 18, 1917, does not exist as a matter of right, the hearing of claims for such classification cannot be considered controversial. Boards sit not as referees between registrants and the Government but as representatives of the Government charged with the responsibility of recruiting an Army, and at the same time, of preserving our economic and domestic equilibrium in accordance with prescribed regulations. The spirit and intent of the regulations requires board members to be in possession of every available fact touching on or pertaining to cases within their respective jurisdiction. No small amount of such information is confidential. To open to the public such information would be a breach of the confidence under which persons interested in the successful operation of the Selective Service Law have furnished the information and will discourage giving further information to the consequent serious impairment of the fair and equitable selection of registrants. The public, therefore, should not be given access to confidential records or reports.
A registrant is entitled to access to his Questionnaire and to the record in his case, including the record of his physical examination (Form 1010, p. 227), but where such records contain statements or letters of a confidential nature, other than those offered by himself, the names of the informants should not, without their consent, be divulged to the registrant who is, however, entitled to be advised of all statements and allegations which form part of the records in his case. Ample precaution should be taken to prevent a registrant from ascertaining the name or names of persons who have given such confidential information. (Circular Letter, April 22, 1918.)
Section 13. No substitution in favor of drafted men.
The Selective Service Law strictly prohibits the acceptance of substitutes for men selected for military duty. The obligation to render military service is personal and can not be transferred. Section 14. Oaths of members of boards and other persons.
Before entering upon the discharge of their duties all of the following-named persons charged with duties in the administration of the Selective Service Law and of these Rules and Regulations who have not heretofore done so shall take the oath which is set out as Form 1033 (sec. 317, p. 269), namely:
Disbursing officers and other officials and employees at State Headquarters and all members of Local, District, Medical Advisory and Legal Advisory Boards (including associate members of the latter) and clerks of boards and additional examining physicians and Government Appeal Agents.
The oath hereby prescribed shall be taken before some officer mentioned in section 10 hereof and shall be filed in the office of the Adjutant General of the State. Section 15. Signing of orders, reports, and certificates of boards.
All orders, summonses, notices, reports, and certificates issued by authority of any Local or District Board may be signed or certified by any member of such board, or by the Chief Clerk, when duly authorized by the Board, unless otherwise specifically provided in these rules, Section 16. Entries on forms and records.
All entries made by Local or District Boards on any of the forms, notices, and records provided for by these Rules and Regulations shall, unless otherwise ordered in these regulations, be made with pen and ink of black color unless other color is prescribed by the regulations, or with typewriter, except that rubber stamps may, and, where they can be obtained, should be used in preference to pen and ink in entering dates, designations of Local or District Boards, and other entries which require repetition of the same date or word or phrase. Section 17. Minute Books of Local and District Boards.
Each District and Local Board shall maintain a Minute Book (Form 1004, p. 218) which shall contain a brief record of the proceedings of all meetings of said Board.
The minutes of said Board must contain, however, the following: (1) Date and hour of each meeting and hour of adjournment.
(2) Names of members of Boards present at such meetings and period of time devoted to work of Local Board by each member.'
(3) The character of work performed by each Local Board at such meeting, whether classification or mobilization; if the work of the Local Board was of classification, the minutes shall state the number of cases classified or examined.
(4) The number of hours devoted by examining physicians to the work of examining registrants during the day.
From the minutes of such Local or District Boards the Chief Clerk of each of said Boards shall prepare the pay vouchers (see sec. 213) for each member and examining physician of such board, and shall
enter thereon the following certificate: "I hereby certify that the services herein stated were rendered to the Government of the United States, as shown in the Minute Book of Board
No voucher shall be paid by the Disbursing Officer of the State unless the requirements of this section are fully complied with.
Every such Minute Book shall be open to the inspection of auditors or inspectors at all times. (See sec. 31.) Section 18. Designation of Local and District Boards.
When there is but one Local Board having jurisdiction in a county, or city of over thirty thousand population, or other subdivision in a State, it shall be designated and known as the Local Board for (Here insert name of subdivision) of - State of Should there be more than one Local Board having jurisdiction in any county, city of over thirty thousand, or other subdivision within a State, the several Local Boards therein shall be designated and known as the Local Board for division No.
(etc.) for the (name of subdivision) of - State of
In the case of a State, such as Massachusetts, which is divided into divisions, such divisions shall be designated and known as Division No. 1, No. 2, and so on, and the Local Board in each of such divisions shall be designated and known as the Local Board for Division No.1 or No. 2, and so on, State of
Where there is but one District Board in a State it shall be designated as the District Board for the State of - In any State where there is more than one district and but one District Board is established in each district, the several District Boards shall be designated and known as the District Board for the District of the State of
Where there is more than one District Board in a Federal judicial district, the respective divisions of such district shall be designated and known as Division No. 1, Division No. 2, and so on, and the several District Boards therein shall be designated and known as District Board for Division No. 1, No. 2, and so on, of the District of the State of
The District Board for the city of New York shall be designated and known as the District Board for the City of New York, State of New York.
The District Board for that portion of the Eastern Judicial District of Pennsylvania embracing the City and County of Philadelphia, shall be designated and known as the District Board for the County and City of Philadelphia, Eastern Judicial District of Pennsylvania (Order of Sept. 4, 1918), Section 19. Members of Local and District Boards disqualified
to act on certain claims. No member of a Local or District Board shall participate in the hearing or decision of any claim for exemption or deferred classification, or as to physical qualification, of any registrant who is related to him either by blood or marriage nearer than a second cousin; and where such relationship exists, the Local Board of origin may, and where it exists as to more than one member of a Local Board of origin the latter shall transfer the classification and physical examination to another Local Board within the same State.
THE SELECTIVE SERVICE SYSTEM.
A. THE PRESIDENT.
(1) The Governor.
(2) The Adjutant General. D. DISTRICT BOARDS. E. LOCAL BOARDS.
F. AUXILIARY ORGANIZATIONS,
(1) Medical Advisory Boards.
A. THE PRESIDENT.
Section 20. The President as a reviewing officer.
Section 4 of the Selective Service Law provides:
“The decision of * * * District Boards shall be final, except that, in accordance with such rules and regulations as the President may prescribe, he may affirm, modify, or reverse any such decision.”
Accordingly, the President will consider appeals from the final decisions of District Boards in accordance with the provisions of sections 111 and 112A. hereof. Section 21. Appeals to the President to be considered when
preferred as required by these Regulations and not other
wise. Section 111 of these Regulations prescribes a method for appeal to the President of certain classes of cases finally decided by District Boards. Every practicable safeguard against unusual hardship has been provided. Appeals made direct to Washington on ex parte statements would have to be investigated locally before action. Due to the unavoidable congestion that must necessarily follow this irregular method, such direct appeals can only result in confusion and delay. Therefore appeals to the President when not preferred in the manner prescribed in sections 111, 112, and 112A of these Regulations, must be returned for compliance with those sections. (See notes 1 and 2, section 111.)
B. PROVOST MARSHAL GENERAL,
Section 22. Office of the Provost Marshal General.
Under the Secretary of War the Provost Marshal General is vested with the execution of so much of the Selective Service Law as relates to registration and the selective draft.