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NOTES:


Source

(June 24, 1948, ch. 625, title I, § 6, 62 Stat. 609; Sept. 27, 1950, ch. 1059, § 1(6), 64 Stat. 1074; June 19, 1951, ch. 144, title I, § 1(l)–(q), 65 Stat. 83; June 30, 1955, ch. 250, title I, § 101, 69 Stat. 223; Aug. 9, 1955, ch. 665, § 3(b)–(d), 69 Stat. 603, 604; Pub. L. 85–62, §§ 6, 7, June 27, 1957, 71 Stat. 208; Pub. L. 85–722, Aug. 21, 1958, 72 Stat. 711; Pub. L. 87–378, § 1, Oct. 4, 1961, 75 Stat. 807; Pub. L. 87–536, July 18, 1962, 76 Stat. 167; Pub. L. 88–110, § 2, Sept. 3, 1963, 77 Stat. 134; Pub. L. 88–360, July 7, 1964, 78 Stat. 296; Pub. L. 90–40, § 1(4)–(7), June 30, 1967, 81 Stat. 100–102, 104; Pub. L. 91–604, § 15(b)(8)(B), Dec. 31, 1970, 84 Stat. 1712; Pub. L. 92–129, title I, § 101(a)(10)–(22), Sept. 28, 1971, 85 Stat. 349–351; Pub. L. 93–638, title I, § 104(c), formerly § 105(c), Jan. 4, 1975, 88 Stat. 2208, renumbered § 104(c), Pub. L. 100–472, title II, § 203(a), Oct. 5, 1988, 102 Stat. 2290; Pub. L. 94–106, title VIII, § 802(d), Oct. 7, 1975, 89 Stat. 537; Pub. L. 96–584, § 3(a), Dec. 23, 1980, 94 Stat. 3377; Pub. L. 98–525, title XV, § 1531, Oct. 19, 1984, 98 Stat. 2631; Pub. L. 103–337, div. A, title XVI, § 1677(f), Oct. 5, 1994, 108 Stat. 3020; Pub. L. 107–296, title XVII, § 1704(e)(11)(C), Nov. 25, 2002, 116 Stat. 2315; Pub. L. 109–163, div. A, title V, § 515(g)(3)(A), (h), Jan. 6, 2006, 119 Stat. 3236, 3237.)

References in Text

Act of August 5, 1954 (68 Stat. 674), as amended, referred to in subsec. (a)(2), is act Aug. 5, 1954, ch. 658, 68 Stat. 674, as amended, which is classified generally to subchapter I (§ 2001 et seq.) of chapter 22 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Tables.
This Act, referred to in subsecs. (a)(3), (b)(3), (c)(2)(A) to (D), (d)(1), (2), (g)(2), and (h), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended, known as the Military Selective Service Act. For complete classification of this Act to the Code, see References in Text note set out under section 451 of this Appendix and Tables.
Section 262 of the Armed Forces Reserve Act of 1952, as amended [50 U.S.C. 1013], referred to in subsec. (c)(2)(D), was repealed by Pub. L. 88–110, § 1, Sept. 3, 1963, 77 Stat. 134.
Act of August 13, 1946 (60 Stat. 1057), as amended, referred to in subsec. (d)(1), is act Aug. 13, 1946, ch. 962, 60 Stat. 1057, as amended. The Act was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641, section 1 of which enacted Title 10, Armed Forces. Provisions of the 1946 Act relating to the naval and Marine Corps officer candidate training program were reenacted in sections 6903 to 6908 of Title 10. Sections 6903 to 6908 of Title 10 were repealed by Pub. L. 88–647, § 301(17), Oct. 13, 1964, 78 Stat. 1072, and replaced by chapters 102 and 103 of Title 10.

Amendments

2006—Subsec. (a)(1). Pub. L. 109–163, § 515(g)(3)(A), substituted “members of the United States Navy Reserve” for “United States Naval Reserves”.
Subsec. (d)(1)(A). Pub. L. 109–163, § 515(h), substituted “United States Navy Reserve” for “United States Naval Reserve”.
Subsec. (d)(2). Pub. L. 109–163, § 515(h), substituted “Navy Reserve” for “Naval Reserve”.
2002—Subsec. (d)(1). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in two places.
1994—Subsec. (c)(2)(A). Pub. L. 103–337, § 1677(f)(1), substituted “section 10147 of title 10” for “section 270 of title 10” in concluding provisions.
Subsec. (c)(2)(D). Pub. L. 103–337, § 1677(f)(2), substituted “section 12103 of title 10” for “section 511 (b) of title 10”.
Subsec. (d)(1). Pub. L. 103–337, § 1677(f)(3), substituted “section 10147 of title 10” for “section 270 (a) of title 10”.
1984—Subsec. (o). Pub. L. 98–525 inserted reference to mother in cls. (1) and (2), exempting from induction any person whose mother was killed in line of duty.
1980—Subsec. (d)(1). Pub. L. 96–584 struck out minimum active duty requirement of not less than three months.
1975—Subsec. (a)(2). Pub. L. 93–638 inserted provision relating to assignment of personnel to assist Indian tribes, groups, bands or communities.
Subsec. (c)(2)(A). Pub. L. 94–106, in provisions relating to deferment of certain persons from induction who completed six years of active service as members of the Ready Reserve or National Guard, substituted requirement of performance of active duty for training with an armed force for not less than twelve consecutive weeks during such service for requirement of performance of such active duty for not less than four consecutive months.
1971—Subsec. (a)(1). Pub. L. 92–129, § 101(a)(10), (11), inserted proviso making subject to registration an alien lawfully admitted for permanent residence who by reason of occupational status is subject to adjustment to non-immigrant status but who executes a waiver of all rights, privileges, exemptions, and immunities which would otherwise accrue to him as a result of that occupational status, and granting a deferment from induction to such alien for so long as such occupational status continues, and substituted “twelve months” for “eighteen months” as the period of requisite service in the armed forces of a nation with which the United States is associated in mutual defense activities in order to gain an exemption from training and service.
Subsec. (b)(3). Pub. L. 92–129, § 101(a)(12), substituted reference to “section 5(a) of this Act [section 455 (a) of this Appendix]” for reference to “section 4(i) of this Act [section 454 (i) of this Appendix]”.
Subsec. (b)(4). Pub. L. 92–129, § 101(a)(13), struck out reference to section 4 (g) [section 454 (g) of this Appendix].
Subsec. (d)(1). Pub. L. 92–129, § 101(a)(14), substituted “Secretary of Transportation” for “Secretary of the Treasury” and “section 651 of Title 10” for “section 4(d)(3) of this Act”, respectively.
Subsec. (d)(5). Pub. L. 92–129, § 101(a)(15), reflected creation of National Oceanic and Atmospheric Administration and transfer to such newly created Administration of former Coast and Geodetic Survey.
Subsec. (g). Pub. L. 92–129, § 101(a)(16), changed from an exemption to a deferment the status to be accorded divinity students, with such students to remain liable for training and service until their 35th birthday.
Subsec. (h). Pub. L. 92–129, § 101(a)(17), (18), struck out provisions formerly designated as par. (1) which had covered college student deferments, struck the designation “(2)” preceding the remaining provisions which had theretofore been designated par. (2), and, in such provisions, struck out reference to deferments for persons engaged in graduate study.
Subsec. (i)(1). Pub. L. 92–129, § 101(a)(19), substituted provisions allowing a postponement of induction for high school students for provisions creating a deferment for such students and inserted provisions allowing an additional postponement of induction until the end of the academic year for high school students who turn 20 during their last year of high school provided that they continue to pursue satisfactorily a full-time course of instruction.
Subsec. (i)(2). Pub. L. 91–129, § 101(a)(20), substituted provisions allowing a postponement of induction for college students for provisions creating a deferment for such students and struck out references to previous deferments and postponements and to the President’s former authority to allow for student deferments.
Subsec. (j). Pub. L. 92–129, § 101(a)(21), substituted “Director” for “local board pursuant to Presidential regulations” and inserted sentence charging the Director with the responsibility for finding civilian work for persons exempted from training and service and for their placement in appropriate civilian work.
Subsec. (o). Pub. L. 92–129, § 101(a)(22), inserted provisions for an exemption from training and service during a period of time in which the father or a brother or sister of a person is in a captured or missing status and struck out provisions limiting the exemption from service provided under this subsection to the sole surviving son of the family.
1970—Subsec. (b)(2). Pub. L. 91–604 inserted “the Environmental Protection Agency,” after “Department of Justice,”.
1967—Subsec. (a). Pub. L. 90–40, § 1(5), designated existing provisions as par. (1), substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”, removed commissioned officers, warrant officers, pay clerks, enlisted men, aviation cadets, and, while on active duty, members of the reserve component, of the Public Health Service from the list of enumerated personnel relieved from the registration requirement of section 453 and the training and service requirement of section 454, added cadets, United States Air Force Academy, to such lists, and inserted proviso that a person in a medical, dental, or allied specialist category not otherwise deferred or exempted under subsec. (a) be liable for registration, training, and service until the thirty-fifth anniversary of the date of his birth, and added par. (2).
Subsec. (c)(2)(A). Pub. L. 90–40, § 1(4), gave standby authority to both the Governors of the individual States, in the case of the National Guard, and to the President, in the case of the other reserve components, to permit the voluntary enlistment of registrants into these components during the period following their receipt of an induction notice and the date required for their actual induction, provided that there had previously issued a proclamation that the Governor or the President is not otherwise able to maintain the personnel strengths of the respective components.
Subsec. (h). Pub. L. 90–40, § 1(6), established uniform criteria for all undergraduate deferments to continue only until a registrant receives a baccalaureate degree, fails to pursue a full-time course of instruction satisfactorily, or reaches the age of 24, whichever occurs first, at which point students are required to be exposed to the hazards of induction in the prime age group in the same manner as their contemporaries who had not been provided student deferments, continued the President’s wide latitude in providing deferments for graduate students in medicine, dentistry, or other subjects deemed essential to the national health, safety, or interest, continued the President’s authority to prescribe areas of deferment based upon occupations or professions essential to the national interest, and called for greater uniformity in the administration of classification criteria for persons subject to induction.
Subsec. (j). Pub. L. 90–40, § 1(7), struck out provision that religious training and belief stem from the individual’s belief in a relation to a Supreme Being involving duties superior to those arising from any human relationship, and struck out requirement for a hearing by the Department of Justice when there is an appeal from a local board decision denying conscientious objector status.
1964—Subsec. (o). Pub. L. 88–360 exempted sole surviving sons from induction in cases where the father was killed in action or in line of duty, permitted the sole surviving son to volunteer for induction, and terminated the exemption during time of war or national emergency thereafter declared by Congress.
1963—Subsec. (c)(2). Pub. L. 88–110, among other changes, authorized deferment of persons who prior to attaining age 26 and to the issuance of induction orders enlisted or accepted appointment in the Ready Reserve of any reserve component, Army National Guard, or Air National Guard, and served satisfactorily, exempted such persons from induction after completing 6 years service and who during such service performed active duty for training for not less than 4 consecutive months, and struck out provisions which deferred persons who prior to attaining 18 years and 6 months of age, and prior to issuance of induction orders, enlisted or accepted appointment in any organized unit of the National Guard, exempted such persons from training and service by reason of subsec. (h) of this section after they attained age 28, or who completed 8 years of service in such unit and performed active duty for training for not less than 3 consecutive months, authorized the President to accept enlistments in the Ready Reserve, whenever he determined its strength could not be maintained at a necessary level for defense, of persons who had not attained age 18 years and 6 months, and who had not been ordered to report for induction, and exempted such persons from liability under subsec. (h) of this section after attaining age 28 years, permitted volunteers to perform a period of active duty pursuant to section 1013 of Title 50, and exempted such persons from induction after serving 8 years in the Ready Reserve.
1962—Subsec. (d). Pub. L. 87–536 inserted “Except as provided in paragraph (5),” before “upon the successful completion by any person” and added par. (5).
1961—Subsec. (c)(2). Pub. L. 87–378, § 1(1), included members of the National Guard deferred by clause (A) of this paragraph, or any person enlisted or appointed in the Ready Reserve of any reserve component other than under section 511 (b) of this title, the Army National Guard or the Air National Guard after Oct. 4, 1961, but prior to attaining age 26, who fail to serve satisfactorily as a member of their components within clause (E) of this paragraph, and struck out “or appointed” after “may provide that any person enlisted”.
Subsec. (d)(1). Pub. L. 87–378, § 1(2), substituted “If, at the time of, or subsequent to, such appointment” for “If, at the time of such appointment”, changed the period of active duty for training in grade, where the armed force in which such person is commissioned does not require his service on active duty, from 6 months to a period of not less than 3 months or more than 6 months, not including duty performed under section 270 (a) of Title 10, Armed Forces, as is determined to qualify such person for a mobilization assignment, and substituted the requirement that upon being commissioned and assigned to a reserve component, such person must serve therein, or in a reserve component of any other armed force in which he is later appointed, for provisions which required such person to be returned to inactive duty and assigned to an appropriate reserve unit upon completion of the required period of active duty for training.
1958—Subsec. (c)(2)(F). Pub. L. 85–722 added subpar. (F).
1957—Subsec. (b)(5)(E). Pub. L. 85–62, §§ 6, 9, temporarily, added subpar. (E). See Effective and Termination Dates of 1957 Amendment note below.
Subsec. (d)(4). Pub. L. 85–62, §§ 7, 9, added par. (4). See Effective and Termination Dates of 1957 Amendment note below.
1955—Subsec. (a). Act June 30, 1955, § 101(a), exempted from training and service, but not from registration, those persons who served on active duty for not less than 18 months since June 24, 1948 in the armed forces of a nation with which the United States is associated in mutual defense activities.
Subsec. (b)(3). Act June 30, 1955, § 101(b), exempted individuals who have served not less than one year after September 16, 1940, or who were discharged after such date for the convenience of the Government and had served not less than six months, or who served not less than twenty-four months in the Public Health Service or in the Coast and Geodetic Survey.
Subsec. (c)(2). Act Aug. 9, 1955, § 3(b), exempted from induction persons who have completed eight years of satisfactory service as members of an organized unit of the National Guard, with a minimum of not less than three consecutive months of active duty for training, and added cls. (C), (D), and (E).
Subsec. (c)(2)(A). Act June 30, 1955, § 101(c), inserted provisions to exempt persons from liability for induction after attaining age 28.
Subsec. (d)(1). Act Aug. 9, 1955, § 3(c), deferred from induction any person who agrees to remain a member of a regular or reserve component until the sixth anniversary of the receipt of a commission, provided that all qualified graduates must be tendered a commission in the appropriate reserve component, and permitted active duty for training for a period of six months upon completion of which he must serve in the component in which appointed until the eighth anniversary of the receipt of the commission.
Subsec. (d)(2). Act Aug. 9, 1955, § 3(d), permitted deferment of commissioned officers who perform satisfactory service in an appropriate unit of the Ready Reserve.
Subsec. (h). Act June 30, 1955, § 101(d), provided that determination of deferment shall not be based on existence of a shortage or a surplus of any agricultural commodity.
1951—Subsec. (a). Act June 19, 1951, § 1(l), exempted Naval reserve midshipmen attending merchant marine schools and students enrolled in military colleges which have approved ROTC courses from registration and induction.
Subsec. (c). Act June 19, 1951, § 1(m), substituted “February 1, 1941” for “the effective date of this title” in par. (1), inserted “prior to the determination by the Secretary of Defense that adequate trained personnel are available to the National Guard to enable it to maintain its strength authorized by current appropriations, and prior to the issuance of orders for him to report for induction” after “six months” in par. (2)(A), and inserted “, paragraph (1) of this subsection” after “subsection (b)” in par. (2)(B).
Subsec. (d). Act June 19, 1951, § 1(n), continued deferments to ROTC members but increased their period of service from 2 years to 6 years after receiving their commission (including 2 years active duty or 3 years active duty if financial assistance is received), authorized establishment of other training programs, and provided for the President’s deferment power.
Subsec. (h). Act June 19, 1951, § 1(o), removed the President’s authority to defer married men who have no dependents other than a wife solely on a basis of such marriage unless extreme hardship is involved, permitted the induction of persons now deferred until the thirty-fifth anniversary of their birth should the basis for deferment terminate after their 26th birthday, and inserted “dental, optometric, osteopathic, and chiropractic” to list of endeavors which may be considered for deferment purposes.
Subsec. (i). Act June 19, 1951, § 1(p), authorized deferment of high school and college students in lieu of postponement of induction in order to give them an opportunity to enlist in the branch of service of their choice during such deferment period.
Subsec. (j). Act June 19, 1951, § 1(q), substituted “in lieu of such induction, be ordered by his local board, subject to such regulations as the President may prescribe, to perform for a period equal to the period prescribed in section 4 (b) such civilian work contributing to the maintenance of the national health, safety, or interest as the local board may deem appropriate and any such person who knowingly fails or neglects to obey any such order from his local board shall be deemed, for the purposes of section 12 of this title, to have knowingly failed or neglected to perform a duty required of him under this title” for “be deferred” in third sentence, and “he shall in lieu of such induction be ordered by his local board, subject to such regulations as the President may prescribe, to perform for a period equal to the period prescribed in section 4 (b) such civilian work contributing to the maintenance of the national health, safety, or interest as the local board may deem appropriate and any such person who knowingly fails or neglects to obey any such order from his local board shall be deemed, for the purposes of section 12 of this title, to have knowingly failed or neglected to perform a duty required of him under this title” for “he shall be deferred” in seventh sentence.
1950—Subsec. (b)(2). Act Sept. 27, 1950, struck out of subpars. (A) and (B) “or the Coast Guard”, “(or the Coast Guard)”, and “or in the Coast Guard” wherever appearing.

Change of Name

References to Naval Reserve, other than references to Naval Reserve regarding the United States Naval Reserve Retired List, deemed to refer to Navy Reserve, see section 515(h) of Pub. L. 109–163, set out as a note under section 10101 of Title 10, Armed Forces.

Effective Date of 2002 Amendment

Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of Title 10, Armed Forces.

Effective Date of 1980 Amendment

Section 3(b) of Pub. L. 96–584 provided that: “The amendment made by subsection (a) [amending this section] shall apply only to persons ordered to active duty for training after the effective date of this Act [Dec. 23, 1980].”

Effective and Termination Dates of 1957 Amendment

Amendment by Pub. L. 85–62 to take effect on July 1, 1957, and terminate on July 1, 1973, see section 9 of Pub. L. 85–62, set out as a note under section 454 of this Appendix.

Savings Provision; Repeal of College Student Deferment

Section 101(b) of Pub. L. 92–129 provided that: “Notwithstanding the repeal of section 6(h)(1) of the Military Selective Service Act of 1967 [subsec. (h)(1) of this section] made by subsection (a)(17) of this section, any person (1) who is satisfactorily pursuing a full-time course of instruction at a college, university, or similar institution of higher learning, (2) who met the academic requirements of a student deferment prescribed in such section 6 (h)(1), and (3) who was satisfactorily pursuing such a full-time course prior to the date of enactment of this Act [Sept. 28, 1971] and during the 1970–1971 regular academic school year shall be deferred from induction for training and service in the Armed Forces under the same terms and conditions such person would have been deferred under the provisions of such section 6 (h)(1) had such provision not been repealed.”

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468 (b), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of all other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89–670, § 6(b)(1), Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2) of Pub. L. 89–670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in section 3 of Title 14, Coast Guard. See section 108 of Title 49, Transportation.
For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Coast Guard, and Commandant of Coast Guard, excepted from transfer when Coast Guard is operating as part of Navy under sections 1 and 3 of Title 14, Coast Guard.
Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the Appendix to Title 5, Government Organization and Employees, which created National Oceanic and Atmospheric Administration in Department of Commerce and transferred personnel, property, records, and unexpended balances of funds of Environmental Science Services Administration to such newly created National Oceanic and Atmospheric Administration. Components of Environmental Science Services Administration thus transferred included Weather Bureau [now National Weather Service], Coast and Geodetic Survey [now National Ocean Survey], Environmental Data Service, National Environmental Satellite Center, and ESSA Research Laboratories.
In order to implement the provisions of Reorganization Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, the following organizational names appearing in chapter IX of subtitle B of Title 15, Code of Federal Regulations, which covers administration of National Oceanic and Atmospheric Administration, were changed by order of Acting Associate Administrator, 35 F.R. 19249, Dec. 19, 1970, as follows: Environmental Science Services Administration to National Oceanic and Atmospheric Administration (ESSA to NOAA); Coast and Geodetic Survey to National Ocean Survey; and Weather Bureau to National Weather Service.
Coast and Geodetic Survey consolidated with National Weather Bureau in 1965 to form Environmental Science Services Administration by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318. Environmental Science Services Administration abolished in 1970 and its personnel, property, records, etc., transferred to National Oceanic and Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate Administrator of National Oceanic and Atmospheric Administration, 35 F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated National Ocean Survey. See notes set out under section 311 of Title 15, Commerce and Trade.
Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508 (b) of Title 20, Education.

Delegation of Functions

Functions of President delegated to Director of Selective Service concerning establishment, implementation, and administration of program for return of Vietnam era draft evaders and military deserters, see Ex. Ord. No. 11804, Sept. 16, 1974, 39 F.R. 33299, set out under section 462 of this Appendix.

Discharge of Surviving Sons

Section 101(d) of Pub. L. 92–129 provided that:
“(1) Subject to the provisions of paragraph (2) of this subsection any surviving son or sons of a family who (A) were inducted into the Armed Forces under the Military Selective Service Act of 1967 [see References in Text note set out under section 451 of this Appendix], (B) have not reenlisted or otherwise voluntarily extended their period of active duty in the Armed Forces, and (C) are serving on active duty with the Armed Forces on or after the date of enactment of this subsection [Sept. 28, 1971], and such son or sons could not, if they were not in the Armed Forces, be involuntarily inducted into military service under the Military Selective Service Act as a result of the amendment made by paragraph (22) of subsection (a) of this section [amending subsec. (o) of this section], such surviving son or sons shall, upon application, be promptly discharged from the Armed Forces.
“(2) The provisions of paragraph (1) of this subsection shall not apply in the case of any member of the Armed Forces against whom court-martial charges are pending, or in the case of any member who has been tried and convicted by a court-martial for an offense and whose case is being reviewed or appealed, or in the case of any member who has been tried and convicted by a court-martial for an offense and who is serving a sentence (or otherwise satisfying punishment) imposed by such court-martial, until final action (including completion of any punishment imposed pursuant to such court-martial) has been completed with respect to such charges, review, or appeal, or until the sentence has been served (or until any other punishment imposed has been satisfied), as the case may be. The President shall have authority to implement the provisions of this subsection by regulations.
“(3) Notwithstanding the amendment made by paragraph (22) of subsection (a) of this section [amending subsec. (o) of this section], except during the period of a war or a national emergency declared by Congress, the sole surviving son of any family in which the father or one or more sons or daughters thereof were killed in action before January 1, 1960, or died in line of duty before January 1, 1960, while serving in the Armed Forces of the United States, or died subsequent to such date as a result of injuries received or disease incurred before such date during such service shall not be inducted under the Military Selective Service Act [see References in Text note set out under section 451 of this Appendix] unless he volunteers for induction.”

Prior Obligated Service

Section 5 of Pub. L. 88–110 provided that: “This Act [amending subsec. (c)(2) of this section, section 463 (a) of this Appendix and sections 270 (b) and 511 [now 12103] of Title 10, Armed Forces, and repealing section 1013 of Title 50, War and National Defense] shall not affect any term of obligated service incurred before the effective date of this Act [Sept. 3, 1963]. In addition, the enactment of this Act [Sept. 3, 1963] shall not increase the minimum period of active duty or active duty for training that is required on the day before the effective date of this Act to earn an exemption from training and service under the Universal Military Training and Service Act, as amended (50 App. U.S.C. 451 et seq.), in the case of persons who entered the Armed Forces before the effective date of this Act.”

Program for Return of Vietnam Era Draft Evaders and Military Deserters

Proc. No. 4313, Sept. 16, 1974, 39 F.R. 33293, 88 Stat. 2504, set out under section 462 of this Appendix, provided for a program for return of Vietnam era draft evaders and military deserters.

Executive Order No. 11803

Ex. Ord. No. 11803, Sept. 16, 1974, 39 F.R. 33297, set out under section 462 of this Appendix, provided for review by Clemency Board of convictions of violations under subsec. (j) of this section.

Ex. Ord. No. 10028. Definition of Noncombatant Service and Noncombatant Training

Ex. Ord. No. 10028, Jan. 13, 1949, 14 F.R. 211, provided:
1. The term “noncombatant service” shall mean (a) service in any unit of the armed forces which is unarmed at all times; (b) service in the medical department of any of the armed forces, wherever performed; or (c) any other assignment the primary function of which does not require the use of arms in combat; provided that such other assignment is acceptable to the individual concerned and does not require him to bear arms or to be trained in their use.
2. The term “noncombatant training” shall mean any training which is not concerned with the study, use, or handling of arms or weapons.
Harry S Truman.

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