« PreviousContinue »
tion or employment or enter the military service rather than remain in an occupation or employment in which they are rendering no effective assistance to the Nation.
If a registrant is idle, he, of course, is not occupied or employed at all, and his status of idleness furnishes ground for the withdrawal of his deferred classification or late order number; and the Regulations applicable to idle registrants shall be deemed applicable also to gamblers of all description and employees of race tracks and bucket shops and to fortune tellers, clairvoyants, palmists, and the like, who, for the purposes of these Regulations, shall be considered as idlers.
The employment or engagement of any able-bodied registrant of military age in any of the following occupations or employments is not sufficiently effective, in the present emergency, to justify the postponement of his call into military service, notwithstanding he may have a late order number and notwithstanding he may have been placed in Class II, III, or IV on the ground of dependency and all registrants engaged as follows are to be considered by Local and District Boards as engaged in nonproductive occupations or employments:
(a) Persons engaged in the serving of food and drink, or either, in public places, including hotels and social clubs.
Note 1.—This paragraph does not include managers, clerks, cooks, or other employees unless they are engaged in the serving of food and drink, or either, and does not apply to dining-car
waiters. (6) Passenger-elevator operators and attendants, and doormen, footmen, carriage openers, and other attendants in clubs, hotels, stores, apartment houses, office buildings, and bath houses.
Note 1.-The words “ other attendants" include bell boys, and also include porters unless such porters are engaged in heavy
work. (c) Persons, including ushers and other attendants, engaged and occupied in and in connection with games, sports, and amusements, excepting owners and managers, actual performers, including musicians, in legitimate concerts, operas, motion pictures, or theatrical performers and the skilled persons who are necessary to such productions, performances or presentations. (d) Persons employed in domestic service.
Note 1.—This paragraph does not include public or private chauffeurs unless they are primarily engaged in other occupations or employments defined by these regulations as nonpro
ductive. (e) Sales clerks and other clerks employed in stores and other mercantile establishments.
Note 1.—This paragraph does not include store executives, managers, superintendents, nor the heads of such departments as accounting, financial, advertising, credit, purchasing, delivery, receiving, shipping, and other departments; does not include registered pharmacists, or registered - drug clerks employed in wholesale and retail drug stores or establishments; and does not include traveling salesmen, buyers, delivery drivers, electricians, engineers, carpet-layers, upholsterers, nor any employees doing heavy work outside the usual duties of clerks.
The words " sales clerks and other clerks" include the clerical force in the office, and in all departments of stores and mercantile establishments.
The words “stores and other mercantile establishments” inelude both wholesale and retail stores and mercantile establish
ments engaged in selling goods and wares. Section 121L. Reasonable excuse for idleness or nonproductive
employment. Local and District Boards must consider cases of withdrawal of deferred classification and late order numbers with sympathy and common sense. The designation and definition of nonproductive occupations and employments contained in the foregoing section 121K, may be extended by Regulation from time to time as necessity may require so as to include persons in other occupations or employments; but for the present and until such extension by Regulation, no occupation or employment not included in the list or description of occupations and employments in the foregoing section 121K may be held by any Local or District Board to be a nonproductive occupation or employment unless a ruling as to whether or not a doubtful occupation or employment is to be considered as nonproductive is first obtained from the Provost Marshal General in the manner prescribed in section 25.
The following grounds shall be accepted by Local and District Boards as reasonable excuse for temporary idleness or for being engaged in a nonproductive occupation or employment:
(c) Lack of reasonable opportunity for employment in any occupation outside of those described in the foregoing section 121K or those hereafter specified by regulation or ruling as provided in this section.
(d) Temporary absences (not regular vacations) from regular employment, not to exceed one week, unless such temporary absences are habitual and frequent, shall not be considered as idleness.
(e) Where there are compelling domestic circumstances that would not permit change of employment by the registrant without disproportionate hardship to his dependents; or where a change from a nonproductive to a productive employment or occupation would necessitate the removal of the registrant from his place of residence, and such removal would, in the judgment of the board, cause unusual hardship to the registrant or his family; or when such change of employment would necessitate the night employment of women under circumstanes deemed by the boards unsuitable for such employment of women, boards are authorized to consider any or all of such circumstances as reasonable excuse for nonproductive employment.
(f) In addition to the cases where reasonable excuses may be accepted for temporary idleness or for being engaged in a nonproductive occupation or employment, Local and District Boards have authority under the Regulations to withhold or postpone action for a reasonable time in cases where it appears that the registrant, in good faith, is, or has been, seeking productive employment, and that such reasonable postponement will enable him to secure such employment.
Note 1.- Local Boards are instructed to cooperate with the State directors of the United States Employment Service, or local agents of such service when advised of their appointment and location, in order that this agency of the Government may be enlisted to assist registrants engaged in non productive occupations or employments to obtain work of a productive character as soon as possible and with the least hardship or inconvenience. To this end Local Boards should furnish to such directors or agents the names and addresses of registrants to whom notice to appear has been given; should furnish such directors or agents with the names and addresses of registrants who may inquire for information in respect of a change of employment and refer all registrants requesting such information to the directors or agents of the United States Employments Service.
D. PHYSICAL EXAMINATION,
Section 122. Physical examination,
Beginning on such date or dates as the Provost Marshal General shall hereafter fix for the beginning of the physical examination of all or any number or proportion of registrants, and after a registrant has been placed in Class I by a Local Board (regardless of any appeal), the Local Board shall mail to the last known address of any registrant placed in Class I a notice (Form 1009, sec. 281, p. 226) to appear for physical examination at a time and place to be designated in said notice (which time shall be five days from the date of the mailing of the notice, unless otherwise ordered by the Provost Marshal General), and shall enter the date of mailing of said notice in column 19 of the Classification List.
Upon appearance of the registrant he shall be examined as provided in Part VIII hereof and in Form 75, and the date of his examination shall be entered in column 20 of the Classification List. The examining physician shall immediately enter his report and recommendation in triplicate on the report of physical examination (Form 1010, sec. 282, p. 227).
The same procedure as to physical examination provided in these regulations for registrants in Class I shall also apply to all registrants who have been placed in a class more deferred than Class I, so soon as the immediately preceding or earlier class has been exhausted by calls into the military service and not before, except as provided in sections 128, 149, and 150.
Note 1.-Whether the examining physician of the Local Board is in doubt or not as to the physical qualification of a registrant for military service he shall nevertheless definitely report the registrant either as qualified or disqualified, and if he is in doubt as to such qualification or disqualification, he may request to have the registrant sent before a Medical Advisory Board or a member or members thereof as prescribed in section 123.
Note 2.—Registrants in Classes II, III, and IV, will not be physically examined except upon general order issued by the
Provost Marshal General, or when special call is made for the induction into military service of registrants in such classes, unless under the provisions of section 128.
Note 3.—The entry by the registrant on the Questionnaire of the claim for physical disqualification is not to be construed as a claim from which an appeal lies to the District Board on account of the refusal of the Local Board to classify the registrant in Class V-G. Appeals from classification on physical grounds may be made as provided in sections 122 to 128, inclusive, and not otherwise. (Telegram A-2142, Jan. 3, 1918.)
Note 4.-See sections 141, 142, and 143 for provisions relating to transfer of physical examination, physical examination of registrants residing abroad and physical examination of mari
ners actually employed on the Great Lakes. Section 123. Sending doubtful cases to a Medical Advisory
Board. If the examining physician is in doubt as to whether the registrant is to be held for military service, or if the Government Appeal Agent or two members of the Local Board are dissatisfied with the finding of the examining physician, the examining physician, Government Appeal Agent, or members of the Local Board, may apply to the Local Board to have the registrant sent before the nearest Medical Advisory Board or any member or members thereof (provided in sections 29 and 44 hereof) for a further examination. Such application shall be made by entering it in the place provided in Form 1010 (p. 227). Thereupon the Local Board shall, unless it decides by unanimous rote that the case is one in which there is no room for reasonable doubt, immediately send the registrant before such Medical Advisory Board, or some member or members thereof, forwarding to the Medical Advisory Board, or such member or members thereof, the examining physician's report (Form 1010, p. 227) in triplicate and, where necessary, furnishing the registrant with transportation and meals and lodging tickets for the time during which he will be before such Medical Advisory Board, or member or members thereof, in no case to exceed three days.
If the registrant is held to be physically 'disqualified by the examining physician, the Local Board shall, unless it decides by unanimous vote that the disqualification is such as to leave no room for reasonable doubt, send the registrant before such Medical Advisory Board, or some member or members thereof, in the manner just provided.
Upon reference of a case from a Local Board as just provided, the Medical Advisory Board, or the member or members thereof, to whem such registrant has been sent, shall examine the registrant, record its or their findings in triplicate on Form 1010 (p. 227), and return all three copies of Form 1010 (p. 227) to the Local Board, with the conclusion and recommendation in the case.
Note 1.—Circular letter, January 9, 1918, prohibiting issuance of transportation requests for more than one way for sending of selected men to camps does not nullify section 123, which provides for the sending of men to Medical Advisory Boards. In these cases the Local Board will issue two transportation requests,
one each way. This rule is made necessary to prevent the possibility of unauthorized use of Government transportation other than for selected men or for men being sent to Medical Advisory Boards, or a member or members thereof. (Circular letter, Jan. 21, 1918.)
Section 124. Finding by Local Board as to physical qualifica
tion. Upon receipt of the report and recommendation of the Medical Advisory Board as provided in section 123, or, if the case has not been sent to the Medical Advisory Board, or a member or members thereof, then upon the receipt of the report of the examining physician, the Local Board shall make its decision as to the physical qualification of the registrant. If the registrant is found physically disqualified for general military service, the Local Board shall cancel the cross mark (X) or cipher (0) which has already been entered in a classification column by drawing a red-ink line through such cross mark or cipher and shall enter the classification of the registrant in Class V, column 12. (See sec. 102.) If the registrant is found to be physically disqualified for general military service, but qualified to perform special and limited military service (see sec. 1281), his place in the classification column shall not be changed, but the Local Board shall, with red ink, inscribe a bold circle around the cross mark (X) or cipher (0) in such classification column. (See sec. 188 and Form 75, “ Standards of Physical Examination.”)
Note 1.-Once in every month the Local Board shall send one copy of Form 1010 for each case covering a registrant who has been finally classified in V (G) and not theretofore so sent, to the draft executive, who shall assemble these and transmit them to the Surgeon General of the Army, Washington, D. C.
The draft executive shall keep a nominal check list of such cases. While men found disqualified for general military service but qualified for special and limited military service are not placed in Class V, they are subject to induction into military service only when a specific call for men qualified for special or limited military service only is made.
If the finding of the Local Board is not in accord with the recommendation of the Medical Advisory Board, and an appeal is taken to the District Board from the decision of the Local Board as to the physical qualifications of the registrant, the Local Board shall make a special report to the District Board of its reason for rejecting the recommendation of the Medical Advisory Board.
The Local Board shall, on the day of its decision as to the physical qualification of any registrant, mail to such registrant a notice (Form 1011, sec. 283, p. 231) of the result of such decision and shall enter the date of such mailing in column 21 of the Classification List (Form 1000, p. 188).
Note 1.-See section 128) concerning deferred remediable group.