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District Boards shall immediately segregate from the appeals from each Local Board in their jurisdiction, enough cases in the first class only, to permit each Local Board to finally classify a sufficient number of men to meet the next call. These cases must be decided at the earliest possible moment. Thereafter the District Boards will proceed as expeditiously as possible to decide all cases before them, giving preference always to those cases which Local Boards have placed in Class 1. The work should be so distributed that all Local Boards.in the jurisdiction shall be enabled to fill all calls without delay. (For return of records, see sec. 108.)
Upon receipt of the physical examination record of a registrant on appeal from the finding of any Local Board, the District Board shall enter in column 17 of the Docket the date on which such record was received from the Local Board. (See sec. 125.) The action of the District Board on such appeal shall be entered in the proper columns of the Docket by cross mark (X) or cipher (0) (see sec. 102), as the case may be, and the date of the return of the physical examination record to the Local Board shall be entered in column 21 of the Docket. (See sec. 126.)
Note 1.-One copy of Form 1006 (p. 223) is furnished each
Jan. 2, 1918.)
RULE XXXIV. In considering cases received from Local Boards, District Boards shall at all times give preference to cases in which the only classification by the Local Board is Class I and shall proceed to the consideration of other cases only when there are no such preferred cases before them.
RULE XXXV. In classifying registrants, whether in cases based on engagement in an industry,, occupation, or employment, including agriculture, or in cases where appeal has been taken from classification made by Local Boards, District Boards shall be governed by the Classification Rules.
RULE XXXVI. in considering a case on appeal from a Local Board the District Board shall not receive or consider any evidence which was not considered by the Local Board except as hereinafter provided. (See sec. 35.) In appealed cases in which the District Board desires additional evidence, it may return the record of such case to the Local Board with instructions to the Local Board to secure additional evidence concerning matters indicated by the District Board, and to return the record, with such additional evidence, within a time to be fixed by the District Board.
In such cases the Local Board, after having secured the additional evidence required by the District Board, may reviow its former classification, and if it should reclassify the case in accordance with the original claim for deterred classification, it need not return the case to the District
Board, but in such case must notify the District Board of its action.
Note 1.See n. 1, sec. 36. RULE XXXVII. No evidence in support of claims for de- ferred classification based on engagement in an industry, occupation, or employment, including agriculture, shall be filed originally with the District Board except where the District Board, after receiving the record from the Local Board, shall call upon the claimant or other person to file with it additional evidence.
RULE XXXVIII. In every case where evidence in claims based on engagement in an industry, occupation, or employment, including agriculture, is originally filed with the District Board such evidence must be attached to the case and returned with the record to the Local Board after the District Board has made its classification.
Note 1.-See n. 1, sec. 36. RULE XXXIX. Upon receipt, by a District Board from a Local Board, of a case containing no claim of appeal, but disclosing a claim for deferred classification on the ground of engagement in an industry, occupation, or employment, including agriculture, the District Board shall, without considering other claims for deferred classification, classify the registrant in respect of his claim on the ground of engagement in an industry, occupation, or employment, including agriculture.
RULE XL. Upon receipt by a District Board from a Local Board of a case containing a claim of appeal from classification by a Local Board the District Board shall consider
1. Each classification by the Local Board on a ground, other than engagement in an industry, occupation, or employment, including agriculture, but only where an appeal has been duly and properly made from the classification by the Local Board on such ground. Where such is the case, and not otherwise, the District Board shall, by reclassification, either_affirm, modify, or reverse the classification by the Local Board on such ground, and may place the registrant in a class less or more deferred than that from which the appeal was taken and irrespective of whether the appeal was taken by or in behalf of the registrant or the Government.
2. Each claim for deferred classification on the ground of engagement in an industry, occupation, or employment, including agriculture (if any there be) and shall classify the registrant in respect of his claim on such ground.
RULE. XLI. Immediately upon classification or reclassification the District Board shall enter a statement of its classification or reclassification on the Cover Sheet and a minute of its reasons for such classification or reclassification in the place provided for such purpose in the Questionnaire (p. 16).
RULE XLII. When the District Board modifies or reverses on appeal the classification of the Local Board, it shall enter a statement of its action on the Cover Sheet, and shell enter,
in the place provided in the Questionnaire (p. 16) for such purpose, a minute of its reason for modifying or reversing such classification.
RULE XLIII. Immediately upon classification or reclassification of any case, the District Board shall return to the Local Board the entire record in the case.
Note 1.-See n. 1, sec. 36. Section 108. Procedure of Local Board upon return of record
from District Board. When the record is returned by the District Board to the Local Board the Local Board shall enter the date of return in column 16 of the Classification List, and, if the District Board changes the classification previously made by the Local Board, the Local Board shall cancel the cross mark (X) or cipher (0) (see sec. 102), as the case may be, which has already been entered in the classification column on the Classification List, by drawing a red-ink line through the cross mark (X) or the cipher (0) corresponding to the most deferred class into which the registrant has been recorded, as the case may be, and shall enter the most deferred new classification (see sec. 102) as designated by the District Board in the proper classification column of the Classification List.
Section 109. Notifying the registrant of classification by a
District Board. On the day of entering the date of return of a record from the District Board in column 16 of the Classification List, the Local Board shall mail to the last known address of such registrant a notice (Form 1005, sec. 277, p. 222) of the classification by the District Board on all grounds of classification within the jurisdiction of the District Board and of the class in which he has been recorded by the Local Board on the Classification List as a result of such classification by the District Board.
Section 110. Notice of final classification.
Whenever a case has been finally decided, in all respects except physical examination, by both Local and District Boards, or whenever it has been finally decided by a Local Board, and the period of time for claiming, appeal to the District Board has lapsed, and regardless of the right of appeal in certain cases to the President, a notice of final classification (Form 1007, sec. 279, p. 224) showing only the class in which the registrant stands recorded on the Classification List shall be sent to every classified registrant by the Local Board. Since these notices of final classification are tantamount to temporary discharge certificates in Classes II, III, IV, and V, and to selection certificates in Class I, they should be very carefully prepared and mailed. Where practicable the portions to be filled in by the board should be written in attractive script. There should be no delay in furnishing these notices of final classification, regardless of whether notices of tentative classification have just been furnished. This certificate of final classification should be kept by every registrant at all times on his person; and all persons within the ages
liable to military service are hereby required to exhibit their notice of final classification when called upon to do so by any member of a Local or District Board or by any police official of any quality or condition whatsoever.
Section 111. Appeals by or on behalf of registrants to the Pres
ident from decisions of District Boards. Appeals to the President by or on behalf of a registrant may be claimed only in accordance with the provisions of this section.
(a) Classification from which an appeal may be claimed.Such appeals may be claimed only by or in respect of a registrant classified by a District Board in Class I, or by or in respect of a registrant classified by a District Board in a deferred class, when and after the immediately preceding class is exhausted; and only when there has been at least one dissenting vote in the District Board.
(1) Who may claim appeal.-Such appeals may be claimed only by the person who preferred the claim (see sec. 94) of deferred classification to the District Board (either originally in a case based on engagement in an industry, occupation, or employment, including agriculture, or by appeal in a dependency case).
(c) Classes of cases in which an appeal may be claimed.-Such appeals may be claimed from a classification by the District Board which is less deferred than the classification claimed before such District Board in the following cases only:
1. In cases based on engagement in an industry, occupation, or employment, including agriculture.—When the appeal is accompanied by the signed statement of one member of the Local Board, and either the Government Appeal Agent or the Adjutant General of the State (see sec. 80 et seq.) recommending that the decision of the District Board be reviewed.
Note 1.–The recommendation provided for in subdivision 1, supra, to be made by member of the Local Board does not imply an expression of opinion that the classification by the District Board is erroneous but is in the nature of a certificate of reasonable doubt as to the correctness of the decision and a recommendation that the decision be reviewed. (Telegram A-3588,
Jan. 25, 1918.) 2. In dependency cases. When the appeal is accompanied by a signed statement of one member of the Local Board and either the Government Appeal Agent or the Adjutant General of the State certifying that the case is one of great and unusual hardship, stating the circumstances of hardship that will follow the induction of the registrant into military service, and specifically recommending a reconsideration of the case. (For Dependency, see sec. 71.)
(d) Time within which an appeal may be claimed.-An appeal by or in respect of a registrant classified by a District Board in Class I may be claimed within five days (see sec. 8) after the mailing by the Local Board, as prescribed in section 109 of the notice of classification by the District Board.
An appeal by or in respect of a registrant classified by a District Board in a deferred class may be claimed at any time within 10 days after the class preceding the one in which the registrant is placed
is exhausted by calls into military service. The fact of such exhaustion must be certified by the Local Board and attached to the Questionnaire of the registrant.
(e) How the appeal may be claimed.—The person claiming the appeal shall enter or shall deputize some person to enter for him, his claim of appeal at the office of the Local Board, in the place provided in the Questionnaire of the registrant for that purpose (p. 16).
Note 1.-Appeals to the President can not be entertained except it affirmatively appears there has been at least one dissenting vote in the District Board. (Telegram A-3396, Jan. 19, 1918.) But see section 112 A, as to appeals by the Government.
Note 2.—District and Local Boards' shall in entering respective classifications on duplicate cover sheet make sure that the appropriate division under each class is given by letter where practicable; and that in addition to noting the negative vote in the District Board, the complete vote in both boards is stated.
Note 3.-The true intent and spirit of the Regulations are violated by each of two reported practices. First, by the arrangement of a District Board to have one dissenting vote cast, regardless of the honest opinion of the member casting it, for the purpose of laying foundation for appeal; and second, by reporting a unanimous vote where on a divided vote there is a minority view. Where this practice has been followed, District Boards should correct the record to conform to the true state of
facts. (Telegram A-3703, Jan. 29, 1918.) Section 112. Procedure by Local Boards upon receiving a claim
of appeal to the President. When a claim of appeal to the President is made in accordance with the provisions of section 111, the Local Board shall examine the statements and recommendations filed therewith to see if they comply with the pertinent rules in section 111. Where a noncompliance with such rules is due to error in preparation of the papers, the papers shall be returned for correction. Where such noncompliance is due to the fact that the case does not come within the meaning of such rules, the statements and recommendations in support of the claim shall be returned to the claimant with a statement of their shortcoming, and the case shall not be forwarded. There shall be no appeal from such action by the Local Board.
Where such statements and recommendations comply with section 111, the Local Board shall then add to the record a notation showing whether or not the registrant has been inducted or has been ordered to report for induction (Form 1028, p. 250) and the date of such induction order, and shall then forward to the Adjutant General of the State the complete record of the case, together with the duplicate of the cover sheet of the Questionnaire, provided in section 105, retaining in their own records the original of the cover sheet of the Questionnaire, and shall thereupon enter in column 17 of the Classification List the date of forwarding such record. Upon receipt of the record, the Adjutant General of the State shall examine the same to see if the case is one which may be appealed to the President within the meaning of section 111 and if the requirements of section 111 relating to a dissenting vote in the District Board and