[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR1653.3]

[Page 342-344]
 
                        TITLE 32-NATIONAL DEFENSE
 
                  CHAPTER XVI--SELECTIVE SERVICE SYSTEM
 
PART 1653_APPEAL TO THE PRESIDENT--Table of Contents
 
Sec. 1653.3  Review by the National Appeal Board.

    (a) An appeal to the President is determined by the National Appeal 
Board by its classification of the registrant in a class other than 1-A 
or by its refusal to take such action. No action shall be taken by the 
board in the absence of a quorum of its prescribed membership.
    (b) Prior to the adjudication of an appeal, the clerk of the appeal 
board or any compensated employee authorized

[[Page 343]]

to perform the administrative duties of the board shall review the file 
to insure that no procedural errors have occurred during the history of 
the current claim. Files containing procedural errors will be returned 
to the board where the errors occurred for any additional processing 
necessary to correct such errors.
    (c) Files containing procedural errors that were not detected during 
the initial screening but which subsequently surfaced during processing 
by the appeal board, will be acted on and the board will take such 
action necessary to correct the errors and process the appeal to 
completion.
    (d) The board shall consider appeals in the order of their having 
been filed.
    (e) Upon receipt of the registrant's file, the board shall ascertain 
whether the registrant has requested a personal appearance before the 
board. If no such request has been made, the board may classify the 
registrant on the basis of the material in his file.
    (f) The board shall proceed to classify any registrant who has not 
requested a personal appearance after the specified time in which to 
request a personal appearance has elapsed.
    (g) Not less than 10 days in advance of the meeting at which his 
claim will be considered, the board shall inform any registrant with 
respect to whom the Director of Selective Service has appealed or who 
has requested a personal appearance that he may appear at such meeting 
and present written evidence bearing on his classification.
    (h) During the personal appearance only the registrant may address 
the board or respond to questions of the board. The registrant will not 
be permitted to present witnesses at the personal appearance before the 
National Appeal Board. A registrant may, however, be accompanied by an 
advisor of his choosing and may confer with the advisor before 
responding to an inquiry or statement by the board: Provided, That, 
those conferences do not substantially interfere with or unreasonably 
delay the orderly process of the personal appearance.
    (i) If, in the opinion of the board, the informal, administrative 
nature of the personal appearance is unduly disrupted by the presence of 
an advisor, the board chairman may require the advisor to leave the 
hearing room. In such a case, the board chairman shall put a statement 
of reasons for his action in the registrant's file.
    (j) Whenever a registrant who has filed a claim for whom a personal 
appearance has been scheduled fails to appear in accord with such 
schedule, the board shall consider any written explanation of such 
failure that has been filed within five days (or extension thereof 
granted by the board) after such failure to appear. If the board 
determines that the registrant's failure to appear was for good cause it 
shall reschedule the registrant's personal appearance. If the board does 
not receive a timely written explanation of the registrant's failure to 
appear for his scheduled personal appearance or if the board determines 
that the registrant's failure to appear was not for good cause, the 
registrant will be deemed to have abandoned his request for personal 
appearance and the board will proceed to classify him on the basis of 
the material in his file. The registrant will be notified in writing of 
its action under this paragraph.
    (k) A quorum of the prescribed membership of a board shall be 
present during all personal appearances. Only those members of the board 
before whom the registrant appears shall classify him.
    (l) At any such appearance, the registrant may: Present oral 
testimony; point out the class or classes in which he thinks he should 
have been placed; and direct attention to any information in his file. 
The registrant may present such further written information as he 
believes will assist the board in determining his proper classification. 
The information furnished should be as concise as possible.
    (m) The registrant may summarize in writing the oral information 
that he presented and any such summary shall be placed in his file.
    (n) A summary will be made of the oral testimony given by the 
registrant at his personal appearance and such summary shall be placed 
in the registrant's file.
    (o) The board shall classify a registrant who has requested a 
personal appearance after he:

[[Page 344]]

    (1) Has appeared before the National Board; or
    (2) Has withdrawn his request to appear; or
    (3) Has waived his right to an opportunity to appear; or
    (4) Has failed to appear.
    (p) Whenever the National Board or the panel thereof to which a case 
has been assigned cannot act on the case of a registrant, and there is 
no other panel of the National Board to which the case may be 
transferred, the decision of the District Appeal Board will be final.
    (q) In considering a registrant's appeal, the board shall not 
receive or consider any information other than the following:
    (1) Information contained in the registrant's file; and
    (2) Oral statements by the registrant at the registrant's personal 
appearance; and
    (3) Written evidence submitted by the registrant to the board during 
his personal appearance.
    (r) In the event that the board classifies the registrant in a class 
other than that which he requested, it shall record its reasons therefor 
in his file.
    (s) The making of verbatim transcripts, and the using of cameras or 
other recording devices are prohibited in proceedings before the board. 
This does not prevent the registrant or Selective Service from making a 
written summary of his testimony.
    (t) Proceedings before the National Appeal Board are closed to the 
public.

[47 FR 4663, Feb. 1, 1982, as amended at 52 FR 24459, July 1, 1987]