B-18947, AUGUST 15, 1941, 21 COMP. GEN. 132

B-18947, AUGUST 15, 1941, 21 COMP. GEN. 132

SELECTIVE SERVICE SYSTEM - INSTRUCTION OF REGISTRANTS UNABLE TO MEET EDUCATIONAL REQUIREMENTS FOR INDUCTION FUNDS PROVIDED FOR THE OPERATION AND MAINTENANCE OF THE SELECTIVE SERVICE SYSTEM ARE NOT AVAILABLE FOR EDUCATING REGISTRANTS SO THAT THEY MAY MEET THE EDUCATIONAL REQUIREMENTS FOR INDUCTION INTO THE ARMED FORCES OF THE UNITED STATES. FUNDS PROVIDED BY THE EMERGENCY RELIEF APPROPRIATION ACT, FISCAL YEAR 1942, MAY BE USED FOR THE PROSECUTION ON A FEDERAL BASIS OF A PROJECT FOR EDUCATING SELECTIVE SERVICE SYSTEM REGISTRANTS TO A STANDARD WHICH CONFORMS WITH THE MINIMUM EDUCATIONAL REQUIREMENTS FOR INDUCTION INTO THE ARMED FORCES OF THE UNITED STATES, BUT THE SELECTIVE SERVICE SYSTEM, AS SPONSOR OF THE PROJECT, MAY NOT USE MONEYS APPROPRIATED FOR ITS OPERATION AND MAINTENANCE TO OBTAIN ANY MATERIALS TO BE USED IN CONNECTION THEREWITH.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR OF SELECTIVE SERVICE, AUGUST 15, 1941:

I HAVE YOUR LETTER OF JULY 19, 1941 (YOUR REFERENCE 7-7.17-53), AS FOLLOWS:

SUBPARAGRAPH 6 1/2B (D) OF MR 1-7 OF THE ARMY REGULATIONS READS AS FOLLOWS:

"NO REGISTRANT IN THE CONTINENTAL UNITED STATES WILL BE INDUCTED INTO THE MILITARY SERVICE WHO DOES NOT HAVE THE CAPACITY OF READING AND WRITING THE ENGLISH LANGUAGE AS COMMONLY PRESCRIBED FOR THE FOURTH GRADE IN GRAMMAR SCHOOL. ALL REGISTRANTS WHO HAVE NOT COMPLETED THE FOURTH GRADE IN GRAMMAR SCHOOL WILL BE EXAMINED AT INDUCTION STATIONS PRIOR TO INDUCTION BY MEANS OF TESTS TO BE PRESCRIBED BY THE WAR DEPARTMENT.'

THE SEVENTY-SIXTH CONGRESS, IN ADOPTING THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, DECLARED THAT IT IS IMPERATIVE TO INCREASE AND TRAIN THE PERSONNEL OF THE ARMED FORCES OF THE UNITED STATES. UNDER THIS ACT, THE SELECTIVE SERVICE SYSTEM MAY DELIVER AND THE ARMY MAY TRAIN NOT TO EXCEED 900,000 MEN ANNUALLY.

THE EDUCATIONAL REQUIREMENTS OF THE WAR DEPARTMENT ARE RESULTING AND WILL CONTINUE TO RESULT IN THE REJECTION OF LARGE NUMBERS OF REGISTRANTS WHO OTHERWISE WOULD BE ACCEPTABLE. THE RATE OF REJECTION IS SUCH THAT IT IS BECOMING INCREASINGLY APPARENT THAT IN SOME OF THE STATES, IN ORDER TO MEET THEIR QUOTAS, IT MAY BE NECESSARY TO SELECT FOR INDUCTION SOME OF THE REGISTRANTS WHO HAVE HERETOFORE BEEN PLACED IN A DEFERRED CLASSIFICATION AS A RESULT OF DEPENDENCY OR OCCUPATION.

IN ORDER TO BE FULLY PREPARED TO MEET ANY EMERGENCY AND BE IN A POSITION TO COMPLY WITH THE DEFENSE NEEDS OF THE NATION, THE SELECTIVE SERVICE SYSTEM FEELS A STRONG RESPONSIBILITY TO ASSIST IN THE REMOVAL OF THE REMEDIAL DEFICIENCIES OF THOSE REGISTRANTS WHO, WITH SOME ASSISTANCE, CAN BE MADE ACCEPTABLE TO THE ARMED FORCES OF THE NATION. IN MANY SECTIONS OF THE COUNTRY, THERE ARE REGISTRANTS WHO ARE WILLING AND ANXIOUS TO VOLUNTEER THEIR SERVICES, BUT WHO CANNOT COMPLY WITH THE EDUCATIONAL STANDARDS OF THE ARMED FORCES. IN ADDITION TO THE NEED FOR MEETING THE MANPOWER REQUIREMENTS OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, IT IS OUR OPINION THAT THE MAINTENANCE OF GOOD PUBLIC RELATIONS AND MORALE DEMANDS THAT SOME EFFORT BE MADE TO REHABILITATE THOSE ABLE-BODIED YOUNG MEN WHO ARE ABLE TO CONTRIBUTE NOTHING TO THE DEFENSE OF THEIR NATION, SOLELY BECAUSE OF SOME MINOR REMEDIAL DEFICIENCY.

THE SELECTIVE SERVICE SYSTEM HAS BEEN OFFERED AN OPPORTUNITY TO INITIATE A PROGRAM OF EDUCATIONAL REHABILITATION BY SPONSORING A PROJECT OF THE WORKS PROGRESS ADMINISTRATION, WHICH WOULD HAVE AS ITS OBJECTIVE THE CORRECTION OF ILLITERACY AND MAKE AVAILABLE TO THE ARMED FORCES THOSE REJECTED OR OTHERWISE NOT ELIGIBLE FOR SERVICE BY REASON THEREOF. ORDER TO SPONSOR, INITIATE AND SUPERVISE SUCH A PROJECT, IT BECOMES NECESSARY FOR THE SELECTIVE SERVICE SYSTEM TO PROVIDE CERTAIN MATERIALS OF INSTRUCTION TO BE USED BY THE TEACHERS AND REGISTRANTS. THE PERSONAL SERVICES INVOLVED IN THE PROJECT WILL BE FURNISHED BY THE WORKS PROGRESS ADMINISTRATION.

YOUR DECISION IS REQUESTED AS TO WHETHER THE DIRECTOR OF SELECTIVE SERVICE IS AUTHORIZED TO OBLIGATE FUNDS APPROPRIATED FOR THE OPERATION AND MAINTENANCE OF THE SELECTIVE SERVICE SYSTEM FOR THE PURPOSE OF PROVIDING MATERIALS OF INSTRUCTION TO BE USED, IN CONJUNCTION WITH THE FACILITIES OF THE WORKS PROGRESS ADMINISTRATION, IN A COURSE OF INSTRUCTION OF THOSE REGISTRANTS OTHERWISE ELIGIBLE FOR SERVICE IN THE ARMED FORCES OF THE NATION, WHO BY REASON OF INADEQUATE EDUCATION ARE UNABLE TO COMPLY WITH THE STANDARDS ESTABLISHED BY THE ARMED FORCES.

SECTION 3A OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940, 54 STAT. 885, CONTAINS, AMONG OTHERS, THE FOLLOWING PROVISION:

"* * * THAT NO MAN SHALL BE INDUCTED FOR TRAINING AND SERVICE UNDER THIS ACT UNLESS AND UNTIL HE IS ACCEPTABLE TO THE LAND OR NAVAL FORCES FOR SUCH TRAINING AND SERVICE AND HIS PHYSICAL AND MENTAL FITNESS FOR SUCH TRAINING AND SERVICE HAS BEEN SATISFACTORILY DETERMINED: * * *"

IT WAS APPARENTLY PURSUANT TO THIS PROVISION THAT THE ARMY REGULATION REFERRED TO IN YOUR LETTER WAS PROMULGATED ON APRIL 18, 1941 -- EXCLUDING FROM INDUCTION INTO MILITARY SERVICE ANY PERSON "* * * WHO DOES NOT HAVE THE CAPACITY OF READING AND WRITING THE ENGLISH LANGUAGE AS COMMONLY PRESCRIBED FOR THE FOURTH GRADE IN GRAMMAR SCHOOL.'

THERE IS NOTHING IN THE ABOVE-QUOTED PROVISION OF THE ACT, NOR IN ANY OF THE OTHER PROVISIONS OF SAID ACT, WHICH SPECIFICALLY OR BY NECESSARY IMPLICATION AUTHORIZES THE EDUCATIONAL TRAINING OF REGISTRANTS WHO FAIL TO SATISFY THE PRESCRIBED PHYSICAL AND MENTAL FITNESS REQUIREMENTS; IT IS SIMPLY PROVIDED THAT SUCH PERSONS SHALL NOT "BE INDUCTED FOR TRAINING AND SERVICE UNDER THIS ACT.'

WITH FURTHER REFERENCE TO THE TERMS AND PURPOSES OF THE SELECTIVE TRAINING AND SERVICE ACT, ATTENTION IS INVITED TO SECTION 10 (A) (2) WHEREIN THE PRESIDENT IS AUTHORIZED AMONG OTHER INGS,"TO CREATE AND ESTABLISH A SELECTIVE SERVICE SYSTEM.' IN EXECUTIVE ORDER NO. 8545 OF SEPTEMBER 23, 1940, PROMULGATED BY THE PRESIDENT PURSUANT TO THE AUTHORITY THUS CONFERRED, THE ELEMENTS WHICH COMPRISE THE SELECTIVE SERVICE SYSTEM ARE OUTLINED AS FOLLOWS:

* * * THE ELECTION MACHINERY, OR OTHER DESIGNATED AGENCIES, ACCOMPLISHES THE REGISTRATION. THE LOCAL BOARD CLASSIFIES REGISTRANTS, AND HAS ASSIGNED TO IT A PHYSICIAN TO MAKE PHYSICAL EXAMINATIONS AND A GOVERNMENT APPEAL AGENT TO PROTECT THE INTERESTS OF THE GOVERNMENT AND OF REGISTRANTS. AN ADVISORY BOARD FOR REGISTRANTS IS APPOINTED TO ADVISE AND ASSIST REGISTRANTS IN FILLING OUT QUESTIONNAIRES, MAKING APPEALS, ETC. THE MEDICAL ADVISORY BOARD, MADE UP OF SPECIALISTS, ASSISTS IN DETERMINING DOUBTFUL CASES OF PHYSICAL CONDITION. THE BOARD OF APPEAL REVIEWS LOCAL BOARD DECISIONS AS TO CLASSIFICATION WHEN APPEAL IS MADE. ALL THE ABOVE ELEMENTS WILL BE COMPOSED OF, AND ADMINISTERED BY, CIVILIANS. THE STATE HEADQUARTERS OPERATES THE SELECTIVE SERVICE SYSTEM WITHIN THE STATE; THE NATIONAL HEADQUARTERS, WITHIN THE NATION.

IT WILL THUS BE SEEN THAT THE TERM " SELECTIVE SERVICE SYSTEM" REFERS GENERALLY TO THE MACHINERY AND ORGANIZATION BY WHICH IS ACCOMPLISHED THE FUNCTIONS OF REGISTRATION, CLASSIFICATION, EXAMINATION, ETC., OF PROSPECTIVE SELECTEES. THERE IS NOTHING IN THE TERMS OF SECTION 10 (A) (2), NOR IN THE REGULATIONS ISSUED BY THE PRESIDENT, WHICH EVEN REMOTELY SUGGESTS THAT IN THE ESTABLISHMENT, OPERATION, OR MAINTENANCE OF A " SELECTIVE SERVICE SYSTEM" THE REGISTRANTS MAY BE TRAINED OR INSTRUCTED SO AS TO CHANGE OR IMPROVE THEIR ELIGIBILITY STATUS FOR INDUCTION.

BY THE TERMS OF THE THIRD SUPPLEMENTAL NATIONAL DEFENSE APPROPRIATION ACT OF 1941, 54 STAT. 966, FUNDS WERE PROVIDED, AMONG OTHER THINGS, FOR CARRYING OUT THE PURPOSES OF THE SELECTIVE TRAINING AND SERVICE ACT--- IT BEING PROVIDED THEREIN, SO FAR AS HERE PERTINENT,"FOR THE OPERATION AND MAINTENANCE OF THE SELECTIVE SERVICE SYSTEM AS AUTHORIZED BY THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 * * * $24,825,108, TO REMAIN AVAILABLE UNTIL JUNE 30, 1942.' ADDITIONAL FUNDS WERE PROVIDED BY THE INDEPENDENT OFFICES APPROPRIATION ACT, 1942, PUBLIC LAW 28, 55 STAT. 116, APPROVED APRIL 5, 1941,"FOR ALL EXPENSES NECESSARY FOR THE OPERATION AND MAINTENANCE OF THE SELECTIVE SERVICE SYSTEM AS AUTHORIZED BY THE SELECTIVE TRAINING AND SERVICE ACT OF 1940.' SINCE THE SELECTIVE TRAINING AND SERVICE ACT PROHIBITS THE INDUCTION FOR TRAINING AND SERVICE OF REGISTRANTS POSSESSED OF LESS THAN ADMINISTRATIVELY PRESCRIBED EDUCATIONAL QUALIFICATIONS, AND SINCE NO AUTHORITY IS PROVIDED FOR THE REMOVAL OF DISQUALIFICATIONS OF THIS CHARACTER BY EDUCATING REGISTRANTS TO A STANDARD WHICH CONFORMS WITH MINIMUM REQUIREMENTS, IT MUST BE CONCLUDED THAT FUNDS PROVIDED FOR "OPERATION AND MAINTENANCE" OF THE SELECTIVE SERVICE SYSTEM ARE NOT AVAILABLE FOR SUCH EDUCATIONAL PURPOSES. SEE SECTION 3678 OF THE REVISED STATUTES, WHICH PROVIDES THAT APPROPRIATED MONEYS MAY BE USED ONLY FOR THE PURPOSES FOR WHICH THEY ARE APPROPRIATED AND FOR NO OTHERS.

THE EMERGENCY RELIEF APPROPRIATION ACT, FISCAL YEAR 1942, APPROVED JULY 1, 1941, PUB. 143, 55 STAT. 396, PROVIDES, AMONG OTHER THINGS, THAT THE FUNDS APPROPRIATED THEREIN MAY BE USED FOR THE PROSECUTION OF FEDERAL AND NON-FEDERAL "EDUCATIONAL, PROFESSIONAL, CLERICAL, CULTURAL, RECREATIONAL, PRODUCTION, AND SERVICE PROJECTS.' THERE WOULD APPEAR TO BE NO OBJECTION TO THE USE OF FUNDS PROVIDED IN SAID ACT IN THE PROSECUTION ON A FEDERAL BASIS OF A PROJECT OF THE TYPE OUTLINED IN YOUR LETTER, INCLUDING THE COST OF NECESSARY "MATERIALS OF INSTRUCTION" -- PROVIDED, OF COURSE, THE PROJECT COMPLIES WITH THE GENERAL REQUIREMENTS RESPECTING FEDERAL PROJECTS AS OUTLINED IN SAID ACT. IN THIS CONNECTION ATTENTION IS INVITED TO SECTION 1 (C) OF THE ACT. HOWEVER, AS ABOVE NOTED, THERE WOULD APPEAR TO BE NO AUTHORITY OF LAW FOR THE SELECTIVE SERVICE SYSTEM, AS SPONSOR OF SUCH A PROJECT, TO MAKE PAYMENT FOR ANY MATERIALS USED IN CONNECTION THEREWITH FROM THE APPROPRIATED MONEYS MADE AVAILABLE "FOR THE OPERATION AND MAINTENANCE OF THE SELECTIVE SERVICE SYSTEM AS AUTHORIZED BY THE SELECTIVE TRAINING AND SERVICE ACT OF 1940.'