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entire record, after being returned to the Local Board, shall be forwarded by the Local Board to the President on appeal in the manner directed by the Regulations.
After Form 1028 has been issued the mere filing of an application or suggestion to reopen and reconsider a case will not operate to stay induction. But if, prior to the time, i. e., the day and hour, specified in said form, for entrainment, the board actually reopens the case, induction of the registrant shall be stayed pending the final disposition of the case. If the board finally grants deferred classification the induction order shall be canceled. If deferment is refused the registrant shall be inducted in accordance with the order to report.
In any case in which a claim for deferred classification made by or on behalf of any registrant on the ground of engagement in an industry, occupation, or employment, including agriculture, or a policeman or fireman, or as a mariner or pilot, has been denied, and the registrant is found upon physical examination to be disqualified for general military service, the Local or District Board having jurisdiction of the original claim may reopen the case and reconsider the claim so denied at any time prior to the day and hour named in Form 1028 for the purpose of determining whether or not the registrant is of more value to the Nation in his present occupation than if performing special or limited military service. (See sec. 80.)
Note 1.-See also subparagraph (i), Rule X, section 77. Section 120. Procedure for reclassification by a Local Board.
Whenever a Local Board decides to reclassify a registrant on any ground other than engagement in an industry, occupation, or employment, including agriculture, it shall enter the name of the registrant at the bottom of the Classification List as prescribed in section 90, shall proceed to reclassify the registrant, and shall send him a notice of classification as prescribed in section 103. Thereafter the case shall proceed in accordance with these regulations as though it were one of original classification. Section 121. Procedure for reclassification by a District Board.
Whenever, either on information obtained by itself or on information reported by a Local Board, a District Board decides to consider a case within its original jurisdiction for reclassification it shall request the Local Board to send up the record in the case. The Local Board shall promptly forward the complete record except the Cover Sheet, in lieu of which shall be forwarded an exact duplícate thereof. Upon receipt of the record the District Board shall either reclassify the case or adhere to the former classification and shall return the record to the Local Board with its action indorsed thereon in the usual manner. If a reclassification has been made upon the motion of a District Board as herein provided, the Local Board shall enter the name of the registrant at the bottom of the Classification List, as prescribed in section 90, shall notify the registrant of the reclassification by the District Board as prescribed in section 109. Thereafter the case shall proceed in all respects as though it were one of original classification by the District Board.
C. “WORK OR FIGHT" RULES.
Section 1211. Duty to report facts concerning registrants who
are idlers or engaged in certain nonproductive occupations
or employments. It shall hereafter be the duty of all persons connected with the administration of the Selective Service Law and Regulations, and of all citizens, to report to the nearest Local Board all facts which may come to their knowledge concerning registrants who are idle or who are engaged in any occupation or employment defined and described in these Regulations or any amendments thereof as nonproductive occupations or employments.
Note 1.- In the administration and enforcement of sections 121A to 121L Local and District Boards are cautioned that these sections do not constitute in any respect a part of the classification rules and procedure and are not to be applied until after classification of a registrant, and then only in respect of registrants who are idlers or engaged in occupations enumerated in section 121K and are in deferred classes because of dependents or have late order numbers. Said sections 121A to 121L are not to be invoked until final action in respect of classification of a registrant has been taken and a reasonable time has elapsed
thereafter to permit a change of employment. Section 121B. Withdrawal of deferred classification and order
number of registrants found to be idlers or engaged in
nonproductive occupations. Whenever, after July 1, 1918, any registrant in Class I, II, III, or IV, wherever he may be located, is reported to or observed by any Local Board, whether it be his Local Board of origin (that is, the Local Board having original jurisdiction of his registration and Questionnaire) or a Local Board having jurisdiction over the territorial area in which he may be found, whether having original jurisdiction over him or not, to be an idler, or to be engaged in any occupation or employment defined and described in these Regulations or any amendments thereof as a non productive occupation or employ. ment, such Local Board shall, by notice as hereinafter prescribed, notify him and set a day and hour when the registrant may appear and present such evidence, by affidavit or otherwise, bearing upon the reasons for his status, as he may care to submit. The day so set shall be not less than three nor more than 7 days after the date of such notice unless the Local Board, on account of distance or other good and sufficient cause, extend the time. Section 121C. Notice and service thereof.
If such registrant so to be notified is under the original jurisdiction of the Local Board issuing the notice, whether he be found within or without the territorial jurisdiction of such Local Board of origin, the notice hereinbefore prescribed shall be by a written or printed notice to the registrant, which may be mailed to his last known address or served personally on him by a person designated by the Local Board (Form 1036, sec. 320, p. 273), and by a notice
posted in the office of said Local Board (Form 1037, sec. 321, p. 274) at the time of mailing or serving Form 1036 (p. 273). Either the mailing or serving of notice on Form 1036 and the posting of notice on Form 1037 (p. 274) shall constitute the giving of notice to the registrant and to all concerned.
If the registrant so to be notified is found within the area under the jurisdiction of a Local Board issuing the notice but not having original jurisdiction of him, the notice hereinbefore prescribed shall be a written or printed notice (Form 1036, p. 273) to the registrant, which shall be served personally on him by a person designated by said Local Board, and a notice posted in the office of said Local Board (Form 1037, p. 274). The notice (Form 1036, p. 273) shall be prepared in duplicate, and the person who serves the notice shall leave one copy with the registrant or with an adult person at his. last known place of abode and return the other with a note of service indorsed on the reverse side thereof. The personal service or the leaving of said notice (Form 1036, p. 273), as hereinbefore provided, and the notice posted in the office of the Local Board (Form 1037, p. 274) shall constitute the giving of notice to the registrant and to all concerned.
A Local Board of origin shall have the authority to issue notice to and investigate the case of any of its registrants, whether they be found within or without its territorial jurisdiction.
Section 1211. Local Board to investigate.
The Local Board issuing the notice, whether it be the Local Board of origin or not, shall thereupon promptly investigate the circumstances of the case, giving the registrant reasonable opportunity to submit such evidence as he may desire to submit, by affidavit or otherwise, and shall proceed as hereinafter prescribed. Section 121E. Procedure in cases where the investigating board
is not the Local Board of original jurisdiction. In a case where the registrant is not within the original jurisdiction of the Local Board issuing the notice the latter (the investigating Board) shall make a finding and recommendation and shall forthwith prepare a certificate (Form 1038, sec. 322, p. 275) and a brief summary of the facts and its findings and its specific recommendation, and shall attach thereto all documentary evidence and a summary of any oral testimony which may have been submitted or considered in the case, and shall forth with forward the entire record thus prepared to the Local Board having original jurisdiction of the registrant. The Local Board having original jurisdiction shall not be bound by the finding or recommendation of the investigating Local Board and may, but is not required to, make such further investigation of the facts and circumstances, as it may desire, with or without notice to the registrant. The board of original jurisdiction shall thereupon enter on Form 1038 (p. 275) its findings and a brief summary of the facts, and if it shall appear to the satisfaction of the Local Board of original jurisdiction that, without reasonable excuse, the registrant is an idler or is engaged in a nonproductive occupation or employment as defined in these Regulations, shall enter in the place provided on
Form 1038 (p. 275) an order that the deferred classification, if any, and the order number of the registrant shall be withdrawn; and the registrant shall thereupon be liable to be inducted immediately into military service, subject to review by the District Board as hereinafter provided (Sec. 121 G). Section 121F. Procedure in cases where the Local Board of
original jurisdiction issues notice and makes investigation
and decision. In a case where the registrant, wherever he may be found, is under the original jurisdiction of the Local Board issuing the notice and making the investigation, such Local Board shall promptly consider the case after giving the registrant reasonable opportunity to submit eridence as hereinbefore provided, and shall forth with prepare a certificate and a brief summary of the facts and its findings Form 1038) and if under the facts it shall appear to the satisfaction of such Local Board that without reasonable excuse the registrant is an idler or is engaged in a nonproductive occupation or employment as defined in these regulations, such Local Board shall enter in the place provided on Form 1038 an order that the deferred classification, if any, and the order number of the registrant shall be withdrawn, and the registrant shall thereupon be liable to be inducted immediately into military service, subject to review by the District Board as hereinafter provided (Sec. 121 G). All documentary evidence and a summary of any oral testimony which may have been submitted or considered in the case shall be attached to the certificate and findings (Form 1038, p. 275).
Section 121G. All cases to be forwarded to District Board for
review as on appeal. Immediately after the decision of the Local Board of original jurisdiction, whether it be in a case in which the notice was issued and investigation was made by it or by another Local Board, and whether its finding be for or against the withdrawal of deferred classification, if any, and order number, the entire record prepared as hereinbefore prescribed (sections 121 E and 121 F), and including the registrant's questionnaire and any additional evidence attached thereto, shall be forwarded to the District Board, which shall immediately consider the case, as if on appeal, and shall as soon as practicable decide the case and return the entire record to the Local Board of original jurisdiction with a note of its decision entered in the proper place on Form 1038 (p. 275).
Seetion 1211. Procedure after final decision by District Board.
In all cases in which the District Board shall decide, whether in affirmance or reversal of the decision of the Local Board, that the deferred classification, if any, and the order number of the registrant shall be withdrawn, the Local Board of origin shall proceed forthwith to notify the registrant (Form 1039, sec. 323, p. 277) of the final decision, and shall proceed forth with to execute the order by withdrawing the deferred classification, if any, and order number of registrant, examining him physically in the usual manner if he has
! not already been so examined, and if he is found physically qualified, by inducting him forth with into military service n the usual manner as though his class and order number had been reached. If the Local Board has no open call for men of his qualifications for military service, it shall place him in Class I and assign him an order number which will insure his induction into military service on the next call for men of his qualifications made on such Local Board.
The physical examination and the mobilization of such registrant, or both physical examination and mobilization, may be transferred as provided in sections 141 to 148. Section 1211. Withdrawals of deferred classification and order
number to be reported. Immediately upon the withdrawal of deferred classification, if any, and order number, the Local Board of original jurisdiction shall report the fact to the Adjutant General of the State on Form 1040 (sec. 324, p. 278), and the Adjutant General shall submit a summarized report for the whole State to the Provost Marshal General by telegraph on the first and fifteenth days of each month, using the following form and code: “ Withdrawals--
(Number.) Section 121J. Appeal to the President from withdrawal of de
ferred classification and order number. If there was a vote in the District Board against the withdrawal of deferred classification, if any, and order number, the registrant may take an appeal from the action of the District Board to the President in the manner and under the conditions provided in section 111 relating to appeals to the President.
Where a claim of appeal has been entered as above provided, the Local Board shall thereupon enter in the place provided on Form 1038 (p. 275) a statement of whether or not the registrant has been inducted into military service and shall forward the entire record to the Adjutant General of the State for transmittal to the Provost Marshal General for the consideration of the President. No such appeal shall operate as a stay of induction into military service unless by express order of the District Board or by order of the Provost Marshal General as provided in section 113. Section 121K. Definition of nonproductive occupation or em
ployment. In the present emergency it is not possible to extend the protection of deferred classification to those registrants engaged in certain occupations or employments which are nonproductive.
There is a great demand for labor in all productive occupations and employments, and especially in agriculture and other necessary industries. Therefore, registrants who have been given deferred classification and who can engage in some productive occupation or employment without substantial financial loss or hardship to themselyes or others should be willing to seek some productive occupa