32 C.F.R. § 1642.1

Purpose; definitions

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(a) The provisions of this part govern the consideration of a claim by a registrant for classification in Class 3-A (§ 1630.30 of this chapter).

(b) The following definitions apply to the interpretation of the provisions of this part.

(1) The term dependent shall apply to the wife, child, parent, grandparent, brother or sister of a registrant.

(2) The term child includes an unborn child, a stepchild, a foster child or a legally adopted child, who is legitimate or illegitimate, but shall not include any person 18 years of age or older unless he or she is physically or mentally handicapped.

(3) The term parent shall include any person who has stood in the place of a parent to the registrant for at least 5 years preceding the 18th anniversary of the registrant's date of birth and is now supported in good faith by the registrant.

(4) The term brother or sister shall include a person having one or both parents in common with the registrant, who is either under 18 years of age or is physically or mentally handicapped.

(5) The term support includes but is not limited to financial assistance.

(6) Hardship is the unreasonable deprivation of a dependent of the financial assistance, personal care or companionship furnished by the registrant when that deprivation would be caused by the registrant's induction.

Notes of Decisions

Cited in 3 cases, 1969–1972 · leading case: United States v. Robert I. Toussie, 410 F.2d 1156 (2d Cir. 1969).

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United States v. Robert I. Toussie, 410 F.2d 1156 (2d Cir. 1969). “See 32 C.F.R. §§ 1642.1 -.46. But cf. Kaohelaulii v.”

United States v. Kelly, 314 F. Supp. 500 (E.D.N.Y 1970). “Subsequently, he was ordered to report for induction and, when he refused, was indicted for wilfully and knowingly failing and neglecting to perform a duty required of him under the Military Selective Service Act of 1967.”

United States v. Balick, 342 F. Supp. 817 (N.D. Ill. 1972). “See 32 C.F.R. § 1642.1 (a). To adopt defendant’s interpretation would result in an automatic right to reopen the issue of classification whenever a registrant ignored an order to report for induction.”

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