Evening star., 1941-01-13
One third of Draft RuIinqs
Reversed by Appeals Board
Other Decisions
In Cases Held Up
For Investigation
BY THOMAS C. HARDMAN.

3 To-Day.
Observing that the majority of
the cases handled by the board
have been based on dependency
factors, Mr. Leahy reassured WASH
ington draft eligibles that greatest
care is being taken by the board to
preserve family groups.
Three of the reversals were made
in cases of selectees whose homes
would be seriously disrupted or
completely destroyed" should they
be called into military service for a
year, the chairman revealed In a
number of other cases where appeals
were based on dependency, however,
local boards decisions have been
upheld.
One Case Cited.
Mr. Leahy cited an opinion in one
case in which it was agreed:
This board will always be care
full to maintain intact the home Of
any registrant where the preserva-
ton of the family is threatened by
the registrant's selection. or the con-
tinuation of decent living conditions
for the dependent is imperiled by
his classification
The board warned, however. that
it cannot view with favor the con-
tention that Congress meant
to substitute what appears at worst
to be only temporary disturbance
of the marriage consortium for the
status of dependency-in-fact de-
fined in the act"
Mr.. Leahy said that in more than
one instance appeals have been based
on the latter factor-cases of hus-
band and wife working at wages
sufficient separately to support one
in accustomed manner. In one such
case, the marriage took place sub
sequent to enactment of the selec-
tive service law
Marriage Bond Fundamental"
This factor alone, however" Mr..
Leahy said, did not enter into the
boards decision The marriage bond
has been, and will continue to be, the
| fundamental factor in preservation
of our national life. Whether the
marriage took place before, at the
time of. or after passage Of this
law has no bearing, alone, on de-
cision of this board-and 1t never
will"
The. chairman continued that in
this particular case employment Of
both husband and wife-a condition
under which both lived satisfactorily
before marriage-was Of prime i'm
portance in upholding decision Of
the local board.
One reversal was noted particu-
larly by Mr.. Leahy. that of a man
recently appointed to Edgewood Ar
senal as a junior chemist.
This man was a specialist in
his field. had five years of college
training back OF him equipping him
for this particular job" Mr.. Leahy
recalled. The draft board had
placed him in Glass la. The ap-
peals board felt he would be of far
more service to his country in his
appointed post and accordingly de-
ferred him to Glass g."
The fifth reversal was in the case
of a registrant described by Mr..
Leahy as an engineer designer of
powder plants
Data Often Insufficient.
Many cases have been returned
to local boards for additional in
forma tion, Mr.. Leahy said, point
ing out that insufficient data on
questionnaires is one of the prin-
cipal problems the board has had
to face.
Il can't put too strongly the ne
cesSity of registrants including all
information which may have BEAR
ing on their subsequent classical
ton in their questionnaires," Mr..
Leahy said. IF space is not avail
able on formal papers for facts a
registrant considers important in
any degree in his particular case,
he should attach such information
IN written form to the question:
naire when it is returned to the
local board"
Mr.. Leany also appealed to reg
istrants to notify their local boards
of any new development in their
living conditions, mo matter how
trivial such a development may
seem to them" Lack of such in
formation has proved a headache
in several cases, the chairman
added.
Another Case Recalled.
He pointed out that under the
regulations, the board In determin-
ing an appeal considers "only the
evidence submitted to 1t by the
local board"
Mr.. Leahy called attention to an
other case in which marriage and
preservation of home life had been
principal factor in claiming defer
ment. The boards decision read
in part:
while the board concurred gen.
orally and unreservedly in the senti-
ment expressed that the mainten-
ance Of the family as a unit Is of
Importance to the national we'll
being it thought it also had a
definite and serious duty under the
regulations to be 'diligent in pre-
venting registrants from evading
military service where their status
with respect to dependents does not
warrant deferment.'
The board further determined
that there should and would be
no hard-and-fast rules to govern
its decision in this or any case,
but that it should and would weigh
each appeal carefully and on its
own merits ."
Occasionally Some Suffer-"
This particular opinion later OBJ
served:
I'm the last analysis of the Selec-
tive Training anG Service Act of
1910 and the regulations promul-
gated hereunder, the United States
have found themselves in such cir
cumstance that, in time of peace,
they must train an Army. The
highest duty any citizen can owe
is that of defending his country.
In securing this Army of trained
| war, for tho frcf tiy,oo II, ifc hiS.