the determination of the registrant's physical or mental condition. (b) The government appeal agent may take any appeal authorized under paragraph (a) of this section at any time within 10 days after the date when the local board mails to the registrant a Notice of Classification (SSS Form No. 110) or at any time before the registrant is mailed an Order to Report for Induction (SSS Form No. 252). (c) The registrant, any person who claims to be a dependent of the registrant, or any person who prior to the classification appealed from filed a written request for the current occupational deferment of the registrant, may take an appeal authorized under paragraph (a) of this section at any time within the following periods: (1) Within 10 days after the date the local board mails to the registrant a Notice of Classification (SSS Form No. 110). (2) Within 30 days after the date the local board mails to the registrant a Notice of Classification (SSS Form No. 110), if, on that date, it appears that the registrant is located in one and the local board which classified the registrant is located in another of the following: The continental United States, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, or the Virgin Islands of the United States. (3) Within 30 days after the date the local board mails to the registrant a Notice of Classification (SSS Form No. 110), if, on that date, it appears that the registrant is located in Canada, Cuba, Mexico, or the Canal Zone. (4) Within 60 days after date the local board mails to the registrant a Notice of Classification (SSS Form No. 110), if, on that date, it appears that the registrant is located outside the continental United States, the Territory of Alaska, the Territory of Hawaii, Puerto Rico, the Virgin Islands of the United States, Canada, Cuba, Mexico, and the Canal Zone. (d) At any time prior to the date the local board mails to the registrant an Order to Report for Induction (SSS Form No. 252), the local board may permit any person described in paragraph (c) of this section to appeal even though the period for taking an appeal has elapsed, if it is satisfied that the failure of such person to appeal within such period was due to a lack of understand ing of the right to appeal or to some cause beyond the control of such person. Unless the local board thereafter permits an appeal, the right of such persons to appeal shall expire at the end of the period provided for in paragraph (c) of this section. If an extension of time to appeal is granted by the local board, a record thereof shall be entered on the Classification Questionnaire (SSS Form No. 100) under the heading "Minutes of Actions by Local Board and Appeal Board." PROCEDURE FOR TAKING APPEAL § 626.11 How appeal to appeal board is taken. (a) Any person entitled to do so may appeal to the appeal board by filing with the local board a written notice of appeal. Such notice need not be in any particular form but must state the name of the registrant and the name and identity of the person appealing so as to show the right of appeal. The language of any such notice shall be liberally construed in favor of the person filing the notice so as to permit the appeal. (b) The local board shall enter on the Classification Questionnaire (SSS Form No. 100), under the heading "Minutes of Action by Local Board and Appeal Board", the date on which an appeal is filed. § 626.12 Statement of person appealing. The person appealing may attach to his appeal a statement specifying the matters in which he believes the local board erred, may direct attention to any information in the registrant's file which he believes the local board has failed to consider or to give sufficient weight, and may set out in full any information which was offered to the local board and which the local board failed or refused to include in the registrant's file. § 626.13 Local board to prepare appeal record and forward file. (a) Immediately upon an appeal being taken to the appeal board by a person entitled to appeal, the local board shall prepare the Individual Appeal Record (SSS Form No. 120) in duplicate, attaching the original to the inside of the registrant's Cover Sheet (SSS Form No. 101) and placing the duplicate copy in the local board files. The local board shall carefully check the registrant's file to make certain that all steps required by the regulations have been taken and that the record is complete. If any facts considered by the local board do not appear in the written information in the file, the local board shall prepare and place in the file a written summary of such facts. (b) The local board shall forward to the appeal board, or appropriate panel thereof, the file of a registrant who appeals or on whose behalf an appeal is taken; Provided, That the State Director of Selective Service may direct the channels through which such file shall be forwarded. § 626.14 Time when record to be forwarded on appeal. (a) The registrant's file shall be forwarded to the appeal board, or appropriate panel thereof, immediately after the local board has complied with the provisions of § 626.13 (but in no event later than 5 days after the appeal is taken); provided, that except as may be otherwise directed by the Director of Selective Service, when an appeal is taken from the classification of a registrant in Class I-A or Class I-A-O, the file of the registrant shall be held by the local board and shall not be forwarded to the appeal board until (1) the registrant has been ordered to report for his physical examination as prescribed in these regulations, and (2) the results of the physical examination have been received by the local board or the registrant has failed to appear for his physical examination at the time he is ordered to do so. If as a result of the physical examination such registrant is found to be disqualified for any military service, his classification shall be reopened and the registrant shall be placed in Class IV-F, unless eligible for classification in Class V-A. In such cases the appeal shall not be forwarded unless an appeal is taken from the classification given the registrant by the local board after such reopening. (b) The local board shall enter in the Classification Record (SSS Form No. 102) the date it transmits the registrant's file to the appeal board or appropriate panel thereof. PROCEDURE FOLLOWED BY APPEAL BOARD § 626.21 Entry of appeal in Docket Book of Appeal Board (SSS Form No. 121). Upon receiving the record of a registrant, the appeal board shall enter the registrant's name, selective service number, and the date the record is received, in the Docket Book of Appeal Board (SSS Form No. 121) on the separate page provided for appeals from the registrant's local board. § 626.22 Action if appeal board disqualified. If the appeal board, upon receiving the file of a registrant, determines that it cannot act on the appeal for any reason, it shall forward the file to the State Director of Selective Service. If there is more than one appeal board panel in the State, the State Director of Selective Service shall designate another appeal board panel in the State to act upon the appeal and shall transmit the file to the designated appeal board panel. If the appeal board to which the file was originally forwarded has no additional panels, the Director of Selective Service, upon the request of the State Director of Selective Service, shall designate an appeal board in a neighboring State to act upon the appeal, and the State Director of Selective Service shall transmit the file to the State Director of Selective Service for the neighboring State for referral to the designated appeal board. The designated appeal board or panel thereof shall act on the appeal in the same manner and make the same records as in the case of an appeal from a local board whose records it normally reviews, except that all entries and records will be made in red ink. The State Director of Selective Service shall advise the local board from which the appeal was taken when a file is referred to an appeal board or appeal board panel other than the one normally acting on appeals from such local board and shall state the reason therefor. § 626.23 Preliminary review. The appeal board will carefully check each file to determine whether all steps required by the regulations have been taken, whether the record is complete, and whether the information in the file is sufficient to enable it to determine the registrant's classification. If any steps have been omitted by the local board, if the record is incomplete, or if the information is not sufficient to enable the appeal board to determine the classification of the registrant, the appeal board shall return the file to the local board with a request for additional information or action. If the appeal board returns the file to the local board for additional information or action, it shall enter the date of return in column 8 and the reason for return in column 9 of the Docket Book of Appeal Board (SSS Form No. 121). When the file is returned to the appeal board the appeal shall be reentered on the Docket Book of Appeal Board (SSS Form No. 121) in the manner prescribed in § 626.21. §626.24 Review by appeal board. (a) Except as provided in § 626.51 (c), regarding a determination of a local board on the question whether a registrant is a person required by law to be registered, the board of appeal shall consider appeals in the order in which they are received unless otherwise directed by the Director of Selective Service, in which event, they shall be considered in such order as the Director of Selective Service shall prescribe. (b) In reviewing the appeal, the appeal board shall not receive or consider any information which is not contained in the record received from the local board except (1) the advisory recommendation from the Department of Justice under § 626.25, and (2) general information concerning economic, industrial, and social conditions. § 626.25 Special provisions when appeal involves claim that registrant is a conscientious objector. (a) If an appeal involves the question whether or not a registrant is entitled to be sustained in his claim that he is a conscientious objector, the appeal board shall take the following action: (1) If the registrant has claimed, by reason of religious training and belief to be conscientiously opposed to participation in war in any form and by virtue thereof to be conscientiously opposed to combatant training and service in the armed forces, but not conscientiously opposed to noncombatant training and service in the armed forces, the appeal board shall first determine whether or not such registrant is eligible for classification in a class lower than Class I-A-O. If the appeal board determines that such registrant is eligible for classification in a class lower than Class I-A-O, it shall classify the registrant in that class. If the appeal board determines that such registrant is not eligible for classification in a class lower than Class I-A-O, but is eligible for classification in Class I-A-O, it shall classify the registrant in that class. (2) If the appeal board determines that such registrant is not eligible for classification in either a class lower than Class I-A-O or in Class I-A-O, the appeal board shall transmit the entire file to the United States Attorney for the judicial district in which the office of the appeal board is located for the purpose of securing an advisory recommendation from the Department of Justice. (3) If the registrant claims that he is, by reason of religious training and belief, conscientiously opposed to participation in war in any form and to be conscientiously opposed to participation in both combatant and noncombatant training and service in the armed forces, the appeal board shall first determine whether or not the registrant is eligible for classification in a class lower than Class IV-E. If the appeal board finds that the registrant is not eligible for classification in a class lower than Class IV-E, but does find that the registrant is eligible for classification in Class IV-E, it shall place him in that class. (4) If the appeal board determines that such registrant is not entitled to classification in either a class lower than Class IV-E or in Class IV-E, it shall transmit the entire file to the United States Attorney for the judicial district in which the office of the appeal board is located for the purpose of securing an advisory recommendation from the Department of Justice. (b) No registrant's file shall be forwarded to the United States Attorney by any appeal board and any file so forwarded shall be returned, unless in the "Minutes of Actions by Local Board and Appeal Board" on the Classification Questionnaire (SSS Form No. 100) the record shows and the letter of transmittal states that the appeal board reviewed the file and determined that the registrant should not be classified in either Class I-A-O or Class IV-E under the circumstances set forth in subparagraphs (2) or (4) of paragraph (a) of this section. (c) The Department of Justice shall thereupon make an inquiry and hold a hearing on the character and good faith of the conscientious objections of the registrant. The registrant shall be notified of the time and place of such hearing and shall have an opportunity to be heard. If the objections of the registrant are found to be sustained, the Department of Justice shall recommend to the appeal board (1) that if the registrant is inducted into the armed forces, he shall be assigned to noncombatant service, or (2) that if the registrant is found to be conscientiously opposed to participation in such noncombatant service, he shall be deferred in Class IV-E. If the Department of Justice finds that the objections of the registrant are not sustained, it shall recommend to the appeal board that such objections be not sustained. (d) Upon receipt of the report of the Department of Justice, the appeal board shall determine the classification of the registrant, and in its determination it shall give consideration to, but it shall not be bound to follow, the recommendation of the Department of Justice. The appeal board shall place in the Cover Sheet (SSS Form No. 101) of the registrant both the letter containing the recommendation of the Department of Justice and the report of the Hearing Officer of the Department of Justice. § 626.26 Decision of appeal board. (a) The appeal board shall classify the registrant, giving consideration to the various classes in the same manner in which the local board gives consideration thereto when it classifies a registrant, except that an appeal board may not place a registrant in Class IV-F because of physical or mental disability unless the registrant has been found by the local board or the armed forces to be disqualified for any military service because of physical or mental disability. (b) Such classification of the registrant shall be final, except where an appeal to the President is taken; provided, that this shall not be construed as prohibiting a local board from changing the classification of a registrant in a proper case under the provisions of Part 625 of this chapter. §626.27 Record of decision on appeal and return of file. (a) When the appeal board makes its classification, it shall record its decision showing the yes and no vote upon the Individual Appeal Record (SSS Form No. 120) and in the Docket Book of Appeal Board (SSS Form No. 121) and shall mark the case "Closed" in the "Remarks" column in the Docket Book of Appeal Board (SSS Form No. 121). All entries in the records of the appeal board shall be made in red ink for those registrants whose cases have been appealed from a classification or determination of a local board which is not located in the appeal board area. (b) Immediately upon completion of the records, the following action shall be taken: (1) The appeal board shall return the file to the local board which classified 819355-49-12 the registrant if such local board and the appeal board are in the same State; provided, that the State Director of Selective Service may direct the channels through which such file shall be returned to such local board; or (2) The appeal board shall return the file to its State Director of Selective Service if the local board which classified the registrant and the appeal board are in different States. The State Director of Selective Service of the State in which the appeal board is located shall transmit the file to the State Director of Selective Service of the State in which is located the local board which classified the registrant for transmission to that local board. At the request of the State Directors of Selective Service affected, the procedure provided in this subparagraph may be changed in such manner as the Director of Selective Service may order. LOCAL BOARD ACTION ON RECEIVING DECISION OF APPEAL BOARD § 626.31 Procedure of local board when advised of decision of appeal board. When the local board receives notice of the decision of a case by the appeal board, it shall: (a) Mail a Notice of Classification (SSS Form No. 110) to the registrant, mail a Classification Advice (SSS Form No. 111) to every person who has on file a written request for the current deferment of the registrant, and, when the Individual Appeal Record (SSS Form No. 120) shows one or more members of the appeal board dissented from the classification, enter upon the Notice of Classification (SSS Form No. 110) and Classification Advice (SSS Form No. 111) mailed the record of the vote of the appeal board as follows: "Vote of appeal board. Yes No ____." (b) Enter on the Classification Record (SSS Form No. 102) the date of mailing such Notice of Classification (SSS Form No. 110) and on the Classification Questionnaire (SSS Form No. 100), under "Minutes of Actions by Local Board and Appeal Board", the date of mailing such Classification Advice (SSS Form No. 111). (c) If the local board classification of the registrant has been changed by the appeal board, enter the new classification in the Classification Record (SSS Form No. 102) and, with red ink, draw a line through the local board classification. Page 155 EFFECT OF APPEAL § 626.41 Appeal postpones induction. A registrant shall not be inducted either during the period afforded him to take an appeal to the appeal board or during the time such an appeal is pending. SPECIAL APPEAL § 626.51 Appeal may be taken by registrant from local board determination in certain cases. (a) When a registrant has requested his local board to make a determination under the provisions of § 619.1 of this chapter and the local board has made a determination upon such request, the registrant may file a written notice of appeal from the determination of the local board within 10 days from the date the local board mailed notice of such determination. (b) Immediately upon such an appeal being filed, the local board shall transmit the registrant's file as provided in § 626.13. (c) When the appeal board receives a registrant's file, it shall give preference to such appeal unless otherwise directed by the Director of Selective Service, shall make a determination, and shall immediately return the file as provided in § 626.27. (d) When the local board receives the registrant's file from the appeal board, it shall notify the registrant of the appeal board's determination. RECONSIDERATION BY APPEAL BOARD § 626.61 Reconsideration of appeal board determination. (a) When either the Director of Selective Service or the State Director of Selective Service deems it to be in the national interest or necessary to avoid an injustice, he may, at any time, request an appeal board to reconsider any determination made by it, stating his reasons for requesting such reconsideration. Upon receiving such a request, an appeal board will reconsider its determination in any case. (b) At any time within 10 days after the date when the local board mails to the registrant a Notice of Classification (SSS Form No. 110) as provided in § 626.31, or at any time before the registrant is mailed an Order to Report for Induction (SSS Form No. 252), the government appeal agent, if he deems it to be in the national interest or necessary to avoid an injustice, may prepare and place in the registrant's file a recommendation that the State Director of Se 627.7 627.8 President is decided. Procedure of local board when appeal § 627.1 Who may appeal to the President from any determination of an appeal board. (a) When either the State Director of Selective Service or the Director of Selective Service deems it to be in the national interest or necessary to avoid an injustice, he may appeal to the President from any determination of an appeal board. He may take such an appeal at any time. (b) An appeal to the President may be taken by the Director of Selective Service (1) by mailing to the local board, through the State Director of Selective Service, a written notice of appeal or (2) by placing in the registrant's file a written notice of appeal and, through the State Director of Selective Service, advising the local board thereof. (c) An appeal to the President may be taken by the State Director of Selective Service (1) by mailing to the local board a written notice of appeal and directing the local board to forward the registrant's file to him for transmittal to the Director of Selective Service or (2) by placing in the registrant's file a written notice of appeal and advising the local board thereof. Before he forwards the registrant's file to the Director of Selective Service, the State Director of Selective Service shall place in such file |