32 C.F.R. § 1642.4
Ineligibility for Class 3-A
(a) A registrant is ineligible for Class 3-A when:
(1) He assumed an obligation to his dependents specifically for the purpose of evading training and service; or
(2) He acquired excessive financial obligations primarily to establish his dependency claim; or
(3) His dependents would not be deprived of reasonable support if the registrant is inducted; or
(4) There are other persons willing and able to assume the support of his dependents; or
(5) The dependents would suffer only normal anguish of separation from the registrant if he is inducted; or
(6) The hardship to a dependent is based solely on financial conditions and can be removed by payment and allowances which are payable by the United States to the dependents of persons who are serving in the Armed Forces; or
(7) The hardship to the dependent is based upon considerations that can be eliminated by payments and allowances which are payable by the United States to the dependents of persons who are serving in the Armed Forces.
(b) [Reserved]
Notes of Decisions
Cited in 41
cases, 1967–1974 · leading case: Davis v. United States, 417 U.S. 333 (1974).
Davis v. United States, 417 U.S. 333 (1974). “" After another unsuccessful attempt to communicate with the petitioner, the local board declared him a delinquent, pursuant to 32 CFR § 1642.4 (a) (1967), [2] both because of his failure to report for the second preinduction physical and because of his failure to keep the local…”
Gutknecht v. United States, 396 U.S. 295 (1970). “" 32 CFR § 1642.4 . In this case, petitioner was declared a delinquent for failing to have his registration certificate (SSS Form No.”
Oestereich v. Selective Serv. Sys. Local Bd. No. 11, 393 U.S. 233 (1969). “4, 32 CFR § 1642.4 (a), provides that whenever a registrant fails to perform "any duty" required of him (apart from the duty to obey an order to report for induction) the Board may declare him to be "a delinquent.”
Nat'l Student Ass'n, Inc. v. Lewis B. Hershey, 412 F.2d 1103 (D.C. Cir. 1969). “32 C.F.R. § 1642.4 (a) (1968); a delinquent registrant may be classified 1-A and, if he is, should be moved to the head of the induction list.”
United States v. Eisdorfer, 299 F. Supp. 975 (E.D.N.Y 1969). “See 32 C.F.R. § 1642.4 (c) (delinquent registrant may be removed from that status at any time); § 1642.”
Marc Belding Anderson v. Gen. Lewis B. Hershey, Nat'l Dir., Selective Serv. Sys., 410 F.2d 492 (6th Cir. 1969). “The delinquent status can be removed, 32 C.F.R. § 1642.4 (a), 9 and, in fact, courts have insisted that minor lapses or oversights are not enough to justify the status, that something akin to bad faith must be satisfactorily established.”
Russel Milton Wills v. United States, 384 F.2d 943 (9th Cir. 1967). “In reclassifying him I-A, the local board had first proceeded (on October 21), pursuant to its regulations, 32 C.F.R. § 1642.4 , to declare appellant a “delinquent” for failure to perform duties required of him by the Selective Service Law.”
Jack L. Edwards v. Selective Serv. Local Bd. No. 111, Newton Cnty., Georgia, 432 F.2d 287 (5th Cir. 1970). “1 and 32 C.F.R. 1642.4. These delinquency regulations were wholly negated in a post-induction suit.”
The Reverend Henry Hale Bucher, Jr. v. Selective Serv. Sys., Local Boards Nos. 2, Etc. & Colonel Joseph Avella, Etc, 421 F.2d 24 (3rd Cir. 1970). “We are here concerned only with the issue validity of the delinquency reclassification procedures of the Selective Service System practiced pursuant to the provisions of 32 C.F.R. § 1642.4 (a). Coming now to our earlier stated holding that the delinquency reclassifications here…”
United States v. Branigan, 299 F. Supp. 225 (S.D.N.Y. 1969). “[47] 32 C.F.R. § 1642.4 (a) authorizes delinquency declaration of any registrant who "has failed to perform any duty or duties required of him under the selective service law other than the duty to comply with an Order to Report for Induction * * * or * * * Civilian Work.”
United States v. Roger Ray Williams, 421 F.2d 600 (10th Cir. 1970). “On March 13,1968, the Local Board made a declaration of delinquency under 32 CFR § 1642.4 . The stated grounds for delinquency were failure to keep his registration certificate and current classification notice in his personal possession at all times, to advise the Board of his…”
Breen v. Selective Serv. Local Bd. No. 16, Bridgeport, Conn., 284 F. Supp. 749 (D. Conn. 1968). “( 32 C.F.R. § 1642.4 (a) (1967)). When this is done the Board must send a Delinquency Notice to the registrant setting forth the duty which the registrant has failed to perform.”
— 32 C.F.R. § 1642.4(a) — 5 cases
Marc Belding Anderson v. Gen. Lewis B. Hershey, Nat'l Dir., Selective Serv. Sys., 410 F.2d 492 (6th Cir. 1969). “The delinquent status can be removed, 32 C.F.R. § 1642.4 (a), 9 and, in fact, courts have insisted that minor lapses or oversights are not enough to justify the status, that something akin to bad faith must be satisfactorily established.”
The Reverend Henry Hale Bucher, Jr. v. Selective Serv. Sys., Local Boards Nos. 2, Etc. & Colonel Joseph Avella, Etc, 421 F.2d 24 (3rd Cir. 1970). “We are here concerned only with the issue validity of the delinquency reclassification procedures of the Selective Service System practiced pursuant to the provisions of 32 C.F.R. § 1642.4 (a). Coming now to our earlier stated holding that the delinquency reclassifications here…”
Wolff v. Selective Serv. Local Bd. No. 16, 372 F.2d 817 (2d Cir. 1967).
Zigmond v. Selective Serv. Local Bd. 16, 284 F. Supp. 732 (D. Mass. 1968).
Wolff v. Selective Serv. Local Bd., 372 F.2d 817 (2d Cir. 1967).
— 32 C.F.R. § 1642.4(b) — 2 cases
Timothy J. Breen v. Selective Serv. Local Bd. No. 16, 406 F.2d 636 (2d Cir. 1969).
United States ex rel. Shiffman v. Commanding Officer, Armed Forces Examining & Entrance Station, 301 F. Supp. 1363 (S.D.N.Y. 1969).
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