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the necessary statements and recommendations are complied with. If the requirements of section 111 have been complied with, the Adjutant General of the State will forward the complete record to the Provost Marshal General for the consileration of the President. In all other cases the record will be returned by the Adjutant General of the State to the Local Board with a notice of the defects and with a statement that if the defects indicated are due to omission and oversight, the record, when properly amended, should be again forwarded to the Adjutant General of the State. Section 112A. Appeals by the Government to the President
from decisions of the District Boards, and procedure with
relation thereto. Appeals to the President from decisions of District Boards may be claimed on behalf of the Government whenever, in the opinion of the Provost Marshal General, the decision of a District Board, brought to his attention by a Governor, an Adjutant General, or by any other person, is clearly erroneous or in disregard of the spirit or provisions of these regulations.
Å Local Board having jurisdiction of a registrant or the Government Appeal Agent accredited thereto may notify the Adjutant General of the State of any decision which in its or his opinion is erroneous, accompanying said notification with a full and complete statement of all facts in relation to said decision; whereupon the Adjutant General of the State shall transmit the notification and statement, together with his recommendation thereon, to the Provost Marshal General; or the Provost Marshal General may direct such statement to be forwarded him in any case which has otherwise been brought to his attention. In any such case the Provost Marshal General may, in his discretion, direct the Adjutant General to instruct the Gove ernment Appeal Agent to file with the Local Board a claim of appeal on behalf of the Government from the decision of the District Board. l'pon receipt of such claim of appeal the Local Board shall forward the complete record of the case to the Adjutant General of the State for transmittal to the Provost Marshal General for consideration by the President, in the same manner as provided in section 112. Section 113. Order by the President that appeal shall operate
as a stay of induction into military service. If, upon the receipt of the record in any case, the President shall decide that induction into military service should be stayed pending his final decision in the case, the Provost Marshal General shall forthwith notify the Local Board to stay the induction of the registrant into military service pending further orders. In this and in no other case shall an appeal to the President operate as a stay of induction into military service. Section 114. Return to the Local Board of cases appealed to the
President. Immediately after the decision of the President on any case duly appealed to him the Provost Marshal General shall return the record to the Adjutant General of the State for transmission to the District Board with an indorsement showing the action of the Presi
dent. Upon receipt of the record the District Board shall thereupon return the record to the Local Board. (Telegram A-3396, Jan. 19, 1918.)
Note 1.-See n. 1, sec. 36. Section 115. Procedure of Local Board upon return of record
from the President. When a record containing the President's decision on an appeal is returned by the Provost Marshal General to the Local Board, the latter shall enter the date of return in column 18 of the Classification List (cf. sec. 108), and if the President has changed the classification previously made by the District Board the Local Board shall proceed to change the entries on the Classification List in the method prescribed by section 108 hereof, and shall immediately mail to the lastnamed address of such registrant a new notice of final classification on Form 1007 (p. 224) indorsing on the face of Form 1007 the words “Final Classification by the President.” (See sec. 110.) Section 116. Registrants to report change of status.
Every registrant shall, within five days after the happening thereof, report to his Local Board any fact which might change or affect his classification.
Failure to report change of status as herein required, or making a false report thereof, is a misdemeanor punishable by one year's imprisonment. Section 117. Reclassification upon change of status to be made
on motion of board and not upon claim of registrant. Registrants must report change of status as prescribed in section 116, but all reclassification on account of change of status in relation to matters other than engagement in an industry, occupation, or employment, including agriculture, shall be made on the motion of the Local Board, and all reclassification on account of change of status as to engagement in an industry, occupation, or employment, including agriculture, shall be made upon the motion of the District Board, except as otherwise provided in these regulations.
Whenever any such reclassification is made by either a Local or District board, the registrant shall be notified in the usual manner, and thereafter the case shall proceed in accordance with these regulations as though it were one of original classification, with the usual notices, rights of appeal, and periods of time as herein prescribed, but no registrant shall have any right to submit a claim for reclassification on the ground of change of status; no Local or District Board shall have jurisdiction to receive a claim for reclassification on the ground of change of status, except as otherwise provided in these regulations; and from the failure of the Local or District Board to reclassify on the ground of any alleged change of status there shall be no appeal. Section 1171. Classification of neutral declarants.
Any uninducted registrant, who is a citizen or subject of a country neutral in the present war (for information as to neutral countries see n. 1, Rule XII (1), sec. 79), and who has declared his inten
tion to become a citizen of the United States but has not completed his citizenship, shall be relieved from liability to military service upon filing an affidavit (Form 1041, p. 279) with the Local Board, setting forth in such affidavit that he withdraws his intention to become a citizen of the United States.
The Local Board shall mail a notice (Form 1042, p. 280) to the last known address of each such registrant who has stated by his answer to question No. 13 of Series VII of his Questionnaire that he wishes to be relieved from liability to military service by withdrawing his intention to become a citizen of the United States. The Local Board shall inclose with each such notice two blank copies of the affidavit (Form 1041) prescribed for making a claim for such relief from liability to military service.
The involuntary induction of any such registrant shall be stayed by the Local Board until and including the date specified in the notice, and, in the case of any registrant who files the required affidavit, the Local Board shall continue the stay of involuntary induction until such affidavit has been considered in accordance with the provisions of this section and Rule XII (1), section 79, and the registrant has been finally classified by the Local Board and by the District Board if the case is appealed.
The date to be specified in each such notice shall be 20 days from the date on which the notice is mailed, exclusive of Sundays, legal holidays, and the day of mailing. After the expiration of the 20day period (unless the time is extended in the discretion of the Local Board), involuntary induction of any such registrant shall not be further stayed to permit him to make the prescribed affidavit, but the privilege of making such affidavit shall not subsequently be denied such registrant until the arrival of the day of his induction. If and when any such registrant shall make such affidavit after the expiration of the 20-day period, the involuntary induction of such registrant shall be stayed until the affidavit has been considered in accordance with the provisions of this section and Rule XII (1), section 79, and the registrant has been finally classified by the Local Board and by the Distriet Board if the case is appealed.
Any such registrant desiring to be so relieved from liability to military service shall fill out in duplicate Form 1041 (p. 279), subscribe and swear (or affirm) thereto before any Federal or State officer duly authorized to administer oaths. He shall file such aflidavit in duplicate with the Local Board, at the same time surrendering his duplicate original copy of his declaration of intention to become a citizen of the United States, if it is in his possession. If the registrant has changed his name since his declaration of intention, the affidavit should state the registrant's name as it appeared in his declaration of intention. The Local Board shall thereupon proceed to classify such registrant in accordance with section 79, Rule XII (1). If the registrant is entitled to classification in Class V (1), the Local Board shall make an appropriate notation upon the registrant's Questionnaire and shall mail to the Bureau of Naturalization, Department of Labor, Washington, D. C., one of the copies of Form 1041 (p. 279) filled by the registrant and the duplicate original copy of registrant's declaration of intention, if surrendered. The Bureau of Naturalization will, through the proper agencies, take
appropriate action to have the declaration of intention canceled and to debar the registrant forever from becoming a citizen of the United States,
Note 1.-Before classifying a registrant in Class V (1), Local Boards are especially enjoined to scrutinize carefully the claim of the registrant and to satisfy themselves that the registrant claiming such relief from liability to military service is not a citizen of the United States, and that he is a citizen or subject of a country neutral in the present war. (C. S. S. R. No. 6, Aug. 15, 1918.)
Section 118. Local and District Boards to keep informed of the
status of registrants in deferred classes. Local and District Boards shall keep themselves informed as to the status of registrants in deferred classes. They may call upon a reg. istrant or any other person to report at any time or at stated intervals in regard to his status; they may request the local police authority or the Government appeal agent to investigate the status of any registrant; or they may investigate such status themselves and summon witnesses to testify in relation thereto as prescribed in section 9. It is hereby made the duty of any police official or Government appeal agent to report to Local Boards any fact that may come to his attention respecting the change of status of a registrant in a deferred classification and to investigate and report upon the status of any registrant when requested to do so by a Local or District Board.
Local and District Boards may and should request employers to report any change in the status of any deferred registrants employed by them.
Section 119. Local Boards to report to District Boards any
change of status of registrant requiring reclassification on
the ground of engagement in industry or agriculture. Whenever, through the report of a registrant or in any other manner, a Local Board obtains information indicating that a reclassification of a registrant should be made on the ground of his engagement in an industry, occupation, or employment, including agriculture, the Local Board shall report all the facts so obtained to the District Board together with a specific recommendation as to whether or not a reclassification should be made.
Section 119A. Reopening of cases and reclassification of regis
trants by Local and District Boards. At any time before the induction of a registrant into the military service—that is, prior to the day and hour named in Form 1028 (p. 250), the Board having original jurisdiction may, in its discretion, on its own motion, or at the suggestion of the Governor, the Adjutant General, or the Government appeal agent (see sec. 47), or upon the application of a registrant or of some one in his behalf, extend the time limit for filing a claim, as provided in section 99, or reopen and reconsider a case, receive new evidence and proceed to reclassify the registrant on all the evidence. Any new evidence must be in writing, duly verified and filed with the Local Board.
With respect to claims within the original jurisdiction of the Local Board, suggestions or applications to reopen, reconsider, and reclassify should be directed to the Local Board; and the procedure for reclassification will be governed by section 120. With respect to claims within the jurisdiction of the District Board, such suggestions and applications should be filed with the Local Board, which should consider them and the new evidence, and forward same with its recommendation thereon to the District Board, transmitting the entire record including the Questionnaire, if the same be in the possession of the Local Board; and the procedure for reclassification will be governed by section 121. No appeal will lie from the refusal of a board to reopen the case.
If a case is reopened and the registrant is reclassified, he shall be notified, as provided in the Regulations, of the new classification and he or the person who made the claim in his behalf shall be entitled in all respects to the same rights, including the right of appeal, as though the decision of the Local or District Board had been made on the first consideration of the claim of or on behalf of the registrant, and the case shall proceed in accordance with the Regulations as if it were one of original classification. In such a case the Government appeal agent must be notified by the Local Board of the reclassification, and shall have the same rights, powers, duties, and discretion with respect to taking an appeal as though the case had been decided upon original consideration.
After a District Board has passed upon an appealed claim and returned the record to the Local Board, regardless of whether or not the Local Board reopens tire case and reclassifies the registrant, the District Board ceases to have jurisdiction over said claim and can not on its own motion require that the record again be sent up to it, for its reconsideration and decision. In such a case a Local Board may as herein provided reopen the case and reclassify the registrant, but has no authority arbitrarily to do so for the purpose of reversing the District Board in an attempt to substitute its judgment for that of the District Board.
Whenever an appeal to the President has been taken, and thereafter, and before the President has acted on the appeal, a board, upon an application or suggestion or upon its own motion, decides to reopen the case, the board shall request of the Adjutant General of the State the return of the record. If the claim for deferred classification is within the original jurisdiction of a Local Board, and the Local Board reclassifies the registrant, it shall forward the entire record to the District Board for review by it regardless of whether or not an appeal is noted either by or in behalf of the registrant, or by the Government appeal agent; in such case the District Board shall have the right to review and affirm, modify or reverse the reclassification by the Local Board. If the claim for deferred classification is within the original jurisdiction of the District Board, the Local Board shall forward the entire record, including the new evidence, to the District Board with its recommendation. The District Board after considering the case shall return the record to the Local Board with an indorsement of its action as if it were an original claim. If the District Board adheres to its former decision in such case, the Questionnaire and