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SPECIAL AND EXCEPTIONAL CASES.
A. DELINQUENTS AND DESERTERS.
E. PERMISSION FOR REGISTRANTS ΤΟ
DEPART FROM THE UNITED
A. DELINQUENTS AND DESERTERS.
Seetion 129. Registrants who fail to return Questionnaires to
be placed in Class I. Any registrant, except an alien enemy, who fails to return the Questionnaire on the date required shall be deemed to have waived all right for filing claims and proof for deferred classification, shall stand classified in Class I (see sec, 101), and be so recorded by the Local Board, subject, however, to the rights and privileges of other persons to apply to the Local Board for deferred classification of the registrant, and to the right of the registrant or other persons to apply for an extension of time, as provided in section 99. Section 130. Registrants failing to return their Questionnaires
or to report for physical examination to be reported to
police authority. The names of persons who fail to return their Questionnaire or to report for physical examination when ordered to do so shall forthwith be sent to the local police authority (see sec. 1, par. (o)), with a request (Form 1012, sec. 284, p. 232) immediately to visit, in person or through deputies, all such named persons and to bring them before the Local Board. Such names, with a statement of the delinquency of each, should, at the time they are reported to the police, also be reported to the press with a request for publication.
If the local police authority brings such persons before the Local Board, they shall be treated as provided in section 135 hereof.
If the local police authority is unable to produce such persons within five days, he shall immediately report to the Local Board all information he may have obtained concerning the delinquent registrants, or if he has no such information he shall report that fact.
Local Boards and police may request of postmasters (see sec. 52) the forwarding address of registrants in respect of whom mailed notices have not been returned as undeliverable. Should the postmaster refuse to give this information, the refusal should be reported to State Headquarters, in order that it may be brought to the attention of the Provost Marshal General.
Section 131. Report to the Adjutant General of the State in
cases of registrants who fail to return their Questionnaires, or who fail to report for physical examination, and who can
not be located. Immediately after receiving the report, prescribed in section 130, from a police authority concerning delinquents who can not be located, or if no such report is received, then as soon as practicable after the fifth day following the delinquency, the Local Board shall report the names of such registrants to the Adjutant General of the State (Form 1013, sec. 285, p. 233), and shall attach to said report all information which may be in the hands of the Local Board respecting such registrants, and a copy of the registration card of each of them, being especially careful to include any information that they may have tending to show that such registrants have enlisted in the military or naval service of the United States or of a nation at war with the enemy of the United States, or that they are serving with the armies of the United States or of such other nations in some noncombatant capacity. Immediately upon forwarding this report to the Adjutant General of the State the Local Board shall enter the date of the report in column 28 of the Classification List. When it appears to the complete satisfaction of the Local Board that any such delinquent registrant is enlisted in the military or naval service of the United States, the board may forthwith classify him in Class V, and in such case he should not be reported as a delinquent as provided in this section.
Note 1.-It is possible that there will be necessity to report a registrant to the Adjutant General of a State twice as a delinquent. In such case both dates will be entered in column 28.
Note 2.-In some cases it has been found that men called by Local Boards who fail to report have already enlisted in the military or naval service of the United States or in hospital or ambulance units abroad or in the armies of nations at war with the enemy of the United States. All such persons are in default, but where the attention of the Local Board or of the Adjutant General of the State is called to the whereabouts of any such person, a full statement of the circumstances shall be included in the report of delinquency prescribed in section 136 to The Adjutant General of the Army, who will decide upon the disposition that is to be made of such case and as to whether the delinquents are to be posted and considered as deserters from the Army of the United States. It therefore behooves all persons who have any interest in such men to inform Local Boards and Adjutants General of States of their whereabouts.
Note 3.- Local Boards will carefully observe the requirements of section 131 in order to avoid the charge of desertion being placed on the record of registrants now in the military or naval service of the United States. (Telegram A-2007, Dec. 31, 1917.)
Note 4.See n. 1, section 133.
Note 5.-Concerning registrants who have died see section 61 A.
Section 132. Adjutant General to number “Delinquent Orders”
serially and to keep a file of such orders. The orders hereinafter prescribed to be given by Adjutants General to delinquents are all to be written on postal-card forms. (See sec. 133.) Adjutants General shall keep copies of all such orders, which shall be serially numbered and the number of each such order entered on the original and copy thereof under the caption “Delinquent Order No. — " in the upper left-hand corner of the card. Section 133. Adjutant General to order delinquents to report;
and notice to registrant. Upon receipt of Form 1013 (p. 233), the Adjutant General of the State shall forth with notify on Form 1014 (sec. 286, p. 234) the persons named therein to report to him for instructions by mail, telegraph, or in person not later than a day and an hour to be specified by such Adjutant General in such notice, which day and hour shall not be less than 10 days from the date of the notice. A copy of Form 1014 (p. 231), showing the names of registrants under words “Delinquent order number,” shall also be sent at the same time to the registrant's Local Board for its information; and the fact and date of mailing Form 1014 shall be entered in column 5 of Form 1013A (sec. 318, p. 270).
The day and hour shall be specified by the Adjutant General of the State as the day and hour from and after which such registrants shall be in the military service of the United States, unless, upon the registrant reporting as ordered, the Adjutant General shall stay or rescind such order into military service.
If the order into military service is not stayed or rescinded by the Adjutant General by a subsequent order in writing prior to the arrival of the day and hour so specified, then from and after the day and hour so specified such person shall be in the military service of the United States, and after the arrival of such day and hour the Adjutant General of the State has no power to stay or rescind such order; and either the entering of such date after the name of any such registrant on Form 1013A or the mailing to any such registrant of Form 1014, shall constitute the giving of notice to such registrant that from and after the day and hour named in Form 1014 he will be in the military service of the United States.
Note 1.-If a registrant who is an alien, declarant or nondeclarent, or an alien enemy, or who is in the military or naval service of the United States has been classified in Class V, notwithstanding his failure to return his questionnaire, such registrant so classified should not be reported to the State Adjutant General, as provided in section 131, or inducted into military service by the State Adjutant General, as provided in section 133, but the violation of the law by the registrant in failing to return the questionnaire should be reported by the Local Board to the nearest representative of the Department of Justice. The classification above indicated can not be made if regis. trant has already been inducted into service by the State Adjutant General as a delinquent and occupies the status of a deserter, except as provided in section 139. (Telegram A-3733, Jan. 30, 1918.) 69247° -18
Section 134. Delinquents reporting to Adjutant General of State
prior to induction into military service to be ordered to
report to Local Board. If, before the arrival of the day and hour specified for induction into military service, the delinquent person reports to the Adjutant General as ordered, the Adjutant General may, by a written direction (Form 1015, sec. 287, p. 235) to the delinquent, stay the operation of the order into military service for a period not to exceed 10 days and direct the delinquent to report forth with in person to his Local Board. If the delinquent is so far distant from his Local Board that it will work hardship for him to report in person to his Local Board, he may apply at once for transfer as prescribed in section 176 hereof, and if his Local Board grants such application, it will write on the face of its order to the board of transfer the word “Delinquent.” Whenever, in accordance with this section, the Adjutant General stays the operation of an order into military service pending report to a Local Board, a copy of the order of stay will be sent to the Local Board in the same mail in which the original is sent to the delinquent. Section 135. Action by Local Board when delinquent not yet in
ducted into military service reports to it. When a delinquent reports or is transferred to or is brought by a police officer before a Local Board prior to his induction into military service the board shall, in all cases, require him to file a Questionnaire. The board shall consider the excuse for his delinquency, and if it sees fit may extend time and proceed to a reclassification in the normal manner. (See sec. 99.) If the board finds no reasonable excuse for the delinquency, it may consider the failure to claim deferred classification as a waiver of the right to do so before either Local or District Board, both in their original jurisdiction or on appeal, and may refuse to extend time or reclassify the registrant.
If the delinquency was a failure to report for physical examination, the Local Board should in all cases proceed to physical examination.
Whether the delinquent is reclassified or not, whenever the delinquency appears to have been wilful, the board shall report the case to the nearest representative of the Federal Department of Justice.
Where a delinquent has reported to the Local Board, pursuant to the orders of the Adjutant General of a State (see sec. 138), the board shall, in all cases and on the same day, report the fact to the Adjutant General of the State (Form 1016, sec. 288, p. 236), who shall at once, by an order in writing (Form 1017, sec. 289, p. 237), suspend the order for the delinquent's induction into military service. Section 136. Delinquents not reported to the Adjutant General
of the State before induction into military service. If the delinquent does not report to the Adjutant General of the State before the day and hour specified for his induction into military service, as provided in section 133, the Adjutant General of the State shall report the case to the Provost Marshal General for transmission to The Adjutant General of the Army (Form 1018, sec. 290, p. 238), inclosing a copy of the order of induction into military service (Form 1014, p. 234), and a copy of the registration card of
the delinquent, together with such other information as may be available concerning him. By his failure to comply with the induction order of the Adjutant General of the State, the delinquent becomes a deserter from the military service. Seetion 137. Delinquents reporting to Adjutant General of the
State within five days after induction into military service. Rescinded. All cases are to be adjusted under other sections. Seetion 138. Deserters reporting to the Adjutant General of
the State after induction into military service. If the deserter reports to the Adjutant General of the State after his case has been reported by the Adjutant General of the State to The Adjutant General of the Army, he shall be directed to report to a near-by Local Board, preferably his own, where his case shall be considered under section 140. Section 139. Deserters inducted into military service by order
of Adjutant General of State-Special circumstances of
hardship. There are a few cases where, even after all the ample notice provided by these regulations, the induction of a delinquent into military service under orders of the Adjutant General of a State results in great hardship on men whose delinquency is not wilful, or upon others dependent upon them for support. After induction into military service, Local and District Boards have no authority to discharge from draft, but the relief can be granted by the commanding officer of a mobilization camp. Such commanding officers are hereby authorized to order such discharges upon recommendation of Adjutants General of States, made as hereinafter provided, and not otherwise.
When such cases come to the attention of the Adjutant General of a State he may direct the Local Board to receive from the deserter a Questionnaire, across the front sheet of which shall be written by the Local Board in large characters, in red ink, the words "Recommendation only."
The Local Board shall thereupon proceed to classify the registrant in the usual manner. The Government appeal agent shall enter an appeal. The District Board shall review the case and send the Questionnaire showing final classification to the Adjutant General of the State, who shall indorse thereon his recommendation and forward it to the commanding officer of the mobilization camp. Upon receipt of the Questionnaire, the commanding officer of the mobilization camp may order the registrant discharged from military service for the convenience of the Government.
The Questionnaire will be returned by the commanding officer to the Local Board through the Adjutant General of the State.
If discharged from military service, the registrant shall thereafter stand classified for service in accordance with the classification determined by the Local and District Board in all respects as though such classification had been made in the usual manner.
Note 1.- This is the only procedure under which a case can be considered by a Local or District Board after induction into military service.