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Section 125. Appeal from finding of Local Board as to physical
qualifications. Within five days after the date of the notice prescribed in section 124 any registrant may make a claim of appeal to the District Board from the finding of the Local Board as to his physical qualification for military service. Claim of appeal shall be made by entering the claim in the place provided for that purpose on all three copies of the physical examination report (Form 1010, sec. 282, p. 227). The Government Appeal Agent may make a claim of appeal on behalf of the United States at any time.
Immediately upon filing of an appeal from the decision of the Local Board as to physical qualification, the Local Board shall transmit to the District Board all three copies of the record of physical examination (Form 1010, p. 227) in the case, together with any additional evidence as to physical qualification which may have been submitted to the Local Board, and shall enter the date of forwarding such record in column 22 of the Classification List and in the place provided on the Cover Sheet.
Note 1.—The entry of the registrant on the Questionnaire of a claim of physical disqualification is not to be construed as a claim from which an appeal lies to the District Board from the refusal of the Local Board to classify the registrant in Class V (G). Apppeals from classification on physical grounds may be made as provided in sections 122 to 128, inclusive, and not other
wise. (Telegram A-2142, Jan. 3, 1918.) Section 126. Action by District Board upon appeal as to physi
cal qualification. In considering a case appealed on the ground of physical qualification, the District Board shall neither conduct any new physical examination nor shall it receive or consider any evidence which was not considered by the Local Board, but shall, upon consideration of the record sent to it as prescribed in section 125, either affirm, modify, or reverse the decision of the Local Board and promptly enter its finding on all three copies of Form 1010 (p. 227), and immediately return the same to the Local Board.
Section 127. Procedure of Local Board on return of physical
examination record from District Board. If the action of the District Board on appeal as to physical qualification changes or affects the classification of the registrant (see sec. 124), the Local Board shall make the necessary changes in the Classification List. Whether the action of the District Board changes or affects the Classification by the Local Board or not, the Local Board shall mail to the registrant a notice (Form 1011, sec. 283, p. 231) of the result of the decision by the District Board, and shall enter the date of mailing of such notice in column 23 of the Classification List. Section 128. Physical examination of persons not in Class I.
Local Boards may, upon the application of registrants in Classes II, III, or IV, examine such registrants physically, pass upon their
physical qualifications and, if they are found to be permanently disqualified, to classify them in Class V. (See sec. 79.) This is not a right of the registrant, but it is a privilege that may be accorded by the Local Board where the according of the privilege will not interfere with the prompt and orderly execution of the Selective Service Law.
Section 1281. Grouping of registrants.
The Regulations governing physical examinations prescribe a standard of unconditional acceptance and a standard of unconditional rejection. Certain cases found, upon physical examination by a Local Board, falling between these two standards may be referred by the Local Board to the Medical Advisory Board or to some member in the same manner as other cases that are required or authorized by these regulations so to be referred. Cases so referred as falling between these two standards, and cases referred to Medical Advisory Boards or member thereof under other provisions of these regulations, shall be examined by the Medical Advisory Boards or such member or members thereof, who shall advise the Local Boards to:
(a) Accept the registrant as physically qualified for general military service; or
(6) Accept the registrant as physically qualified for general military service when cured of
(naming remediable defect for which acceptance is authorized); or
(c) Accept the registrant as physically qualified for special or limited military service in a named occupation or capacity; or
(d) Reject the registrant; and shall record their finding in the proper spaces provided on Form 1010.
Local Boards shall find a registrant physically qualified for general military service (Rule a above) only when he falls within the standard of unconditional acceptance as prescribed in sections 182 to 188, inclusive, as further explained and amplified by the Standards of Physical Examination, including cases of slight remediable defects not included under foregoing Rule b.
Local Boards shall find a registrant physically qualified for general military service when cured of a remediable defect (Rule b above) only in those cases when such acceptance is specifically authorized; namely, when a registrant is found to fall within the “ Deferred remediable group."
When a Medical Advisory Board or a member or members thereof to whom a registrant has been sent determine that a registrant should be accepted for general military service when cured of such remediable defects (Rule b above) the Medical Advisory Board or such member or members shall insert in ink in the space provided on page 2 of Form 1010, under the general heading “ Physical examination by Medical Advisory Board,” and the following words “ Physically qualified for general military service," the words “when cured of ” followed by the name or diagnosis of the remediable defect, which name or diagnosis is to be followed by a circle in black ink. Upon return to the Local Board of the record (Form 1010, p. 227) in such a case, and if the finding of the Medical Ad-.
visory Board or such member or members thereof is confirmed by the Local Board, the registrant's place in the classification column shall not be changed, but the Local Board shall, with black ink, inscribe a bold circle around the cross mark (X) or cipher (0) in such classification column; and such registrant shall be inducted into military service, after his order number is reached, but only at such time as may be designated by a call issued by the Provost Marshal General.
Reģistrants shall be found “physically qualified for special or limited military service” (Rule c above) only in those cases described in the Standards of Physical Examination, and in such cases the Boards shall designate the occupation or class of service for which such persons are physically qualified in the space provided on Form 1010 (p. 227), after the words physically qualified for special or limited military service as
and the same shall be indicated on the Classification List as provided by section 124.
Registrants shall be found as physically deficient and not physically qualified for military service (Rule d above) only when they fall within the standards of unconditional rejections as prescribed in sections 182 to 188, inclusive, as further explained and amplified by the Standards of Physical Examination.
When a Medical Advisory Board or a member or members thereof delay the examination of a registrant on account of temporary defects, it or they must return to the proper Local Board Form 1010 (p. 227), with a statement attached thereto (but not written thereon) stating the reason for delay and fixing a definite period of time within which the registrant may be sent back to it or them. At the end of said period, or earlier, if it believes the temporary defect is removed, the Local Board shall send the registrant back to the Medical Advisory Board, unless the Local Board believes that the examination should be further delayed or that further reference to the Medical Advisory Board is unnecessary, and may proceed without further reference.
Local Boards may accept a registrant as physically qualified for special or limited military service in a named occupation or capacity without reference to the Medical Advisory Board.
Note 1.—The foregoing regulations clearly indicate the four groups into which registrants should be grouped by Local, District, and Medical Advisory Boards as a result of the physical examinations in accordance with the Manual of Standards of Physical Examination.
In other words, Group A shall contain registrants found to be qualified for general military service within the standards of unconditional acceptance, including registrants with slight remediable defects.
Registrants with slight remediable defects shall be held physically qualified for general military service if not remedied pending orders.
All registrants coming within the foregoing definition and as specifically indicated in the instructions in the Manual are to be included in Group A and reported as physically qualified for general military service in the place indicated on Form 1010 (p. 227).
Group B shall contain registrants who are found to be physically qualified for general military service when cured of some remediable defect, which is of such a character that it must be remedied or cured before the registrant can be ordered into service.
Group C shall contain registrants who are found not to be within the standard of unconditional acceptance on account of defects which are not remediable, nor sufficiently incapacitating to bring them within the condition of unconditional rejection. This is the group of registrants who may be found to be qualified for special or limited military service.
Group D shall contain all registrants coming within the standards of unconditional rejection and includes all cases not included in Groups A, B, and C. Such registrants must be reported on Form 1010 (p. 227) as “ Physically deficient and not physically qualified for military service by reason of (the reason for the disqualification to be stated in the blank provided).
In arriving at their decisions concerning the physical qualifications of registrants, Boards must be governed, as to the grouping of registrants, by the specific instructions contained in Manual of Standards of Physical Examinations.
Note 2.-Whenever it shall appear to a Local Board or to a Medical Advisory Board that a registrant is suffering from selfinflicted or purposely caused physical defects which, under the Standards of Physical Examinations, would render him disqualified for military service of any kind, a full statement of the facts and of the condition of the registrant and of the Board's recommendation shall be prepared and attached to Form 1010 (p. 227), and one copy of Form 1010, with such statement attached, shall immediately be sent by the Local Board to the Adjutant of the State to be transmitted to the Provost Marshal General in order that the case may be submitted to the Surgeon General and the Adjutant General of the Army for a 'waiver of the physical defects, if recommended, so that the registrant may be compelled to render military service.
Note 3.-When in the opinion of the Local Board the registrant is believed to be feigning disease or illness or physical defect, which can not be detected by careful examination, the Local Board shall note on Form 1010 its opinion that registrant is feigning in order to avoid service.
Note 4. The foregoing sections, 122 to 1281, inclusive, and sections 141-143 relate to the procedure concerning physical examinations. For rules and standards as to physical qualifications governing examining physicians, see part VIII, sections 182 to 188, inclusive, and Form 75 “Standards of Physical Examination."
Note 5.-Great care must be taken in observing the difference in the standards of physical examination as between registrants to be inducted into the Army and those to be inducted into the Navy,