(b) Such procedures as are necessary shall be instituted to keep the number of incomplete cases at a minimum at all times.

203.18 Correspondence File on Veterans' Assistance.-(a) When a veteran's assistance case is completed, all correspondence pertaining to assistance rendered the veteran by the Local Board will be filed with the veteran's WD, AGO Form No. 53, NavPers Form 553, NMC 78PD or NavCG 553, and Form 131 in whichever folder and file is designated for that purpose by the State Director.

(b) The several systems for filing in use among the States preclude recommendation of a uniform filing system for records pertaining to the Veterans' Assistance Program. Within each State a uniform system will be prescribed by the State Director for the preparation, maintenance, and filing of records in order that such records may be readily accessible at all times.

203.19 Correspondence.-(a) It is desirable that the veteran himself handle any correspondence concerning his case. If it appears that the veteran is incapable of writing any necessary communication, the Local Board clerk may assist him, but Selective Service System letterhead and penalty envelope may not be used for this purpose, where the communication is signed by the veteran.

(b) All official correspondence originating in a Local Board addressed to any bureau or division of any department of the Federal Government with regard to a veteran's case will be forwarded via State Headquarters. An original and two carbon copies should be provided.

(c) Replies in answer to direct correspondence addressed to a Local Board by a branch of the Federal Government with reference to a veteran may be made direct with copy of the reply being sent to State Headquarters.

203.20 Differences Between Private Employer and Veteran. (a) Misunderstandings or disputes may arise at times between the returned veteran and his former employer concerning reinstatement. The circumstances of both possibly may have changed in many respects. Whether such changes are sufficient. to deprive a veteran of the rights which Congress meant to confer must, of necessity, depend upon the facts in each case.

(b) Employers generally have been liberal in interpreting reinstatement requirements, and it is anticipated that they will continue to meet reinstatement problems in a spirit of fairness and appreciation of the sacrifices made by the veteran. If, however, a dispute arises between the employer and the veteran, a Local Board member or the Reemployment Committeeman should confer personally with the employer and attempt by every means possible to reach an amicable agreement, mutually satisfactory to the veteran and to the employer, but without sacrificing any of the veteran's rights.

(c) In endeavoring to reach an amicable adjustment, the Local Board may call for assistance upon representatives of veterans' organizations or upon labor, civic, community postwar-planning groups, veterans' advisory committees, or pursue any other means of adjustment which the Board or the State Director may deem

advisable.

(d) It is obviously highly desirable that the Local Board do everything possible to obtain the reinstatement of the veteran by amicable means. If the Local Board is unable to reach an amicable adjustment of the veteran's reemployment rights, it shall send a complete_report to the State Director. The State Director will keep the Local Board advised of all further action taken by him.

203.21 Differences Between Federal Government and Veteran Employee.-(a) If difficulty is experienced by a veteran in securing reinstatement in the position he held with the Federal Government at the time he entered active service, the Local Board should assemble all available information on the case and forward the entire file to the State Director. The file should be accompanied by a statement from the Local Board summarizing the case and specifying the details of difference over which controversy has

arisen.

(b) The State Director, on receipt of sufficient information, shall refer the case to the United States Civil Service Commission's Regional Office having jurisdiction over the territory in which the veteran was employed at the time he entered the service. If a satisfactory solution cannot be reached by the State Director and the United States Civil Service Commission's Regional Office, the State Director shall forward the file to the Director of Selective Service.

203.22. Transfer of Case to Another State Director.-(a) Cases will arise involving a veteran residing in one State who seeks reemployment with a former employer whose activity is carried on in another State. If the veteran seeks assistance from a Selective Service Local Board or the State Director of the State in which he resides, the case shall be forwarded by the State Director to whom presented to the State Director of Selective Service having jurisdiction over the location of the former employer's activity. All pertinent information pertaining to the veteran's reemployment claim shall be furnished the State Director having jurisdiction over the employer's place of business by the State Director transferring the case.

(b) It shall be the duty and responsibility of the State Director having jurisdiction over the former employer's place of business to investigate the circumstances of the veteran's claim from the standpoint of the employee and to obtain such other information as may be pertinent to the case. It shall be the duty and responsibility of the State Director having jurisdiction over the former employer's place of business to accomplish reinstatement of the veteran, if possible, and to report to the State Director

transferring the case the result of his negotiations. This procedure is in conformity with the usual Selective Service practice involving interstate questions.

(c) In the event that agreement cannot be obtained from the veteran's former employer to reinstate the veteran in his former position or one of like seniority, status, and pay, the State Director making the investigation shall present the case to the United States District Attorney only upon specific request to do so by the State Director of Selective Service of the State in which the veteran currently resides, after the veteran has made written request that legal action be taken. But no such case shall be presented to the United States District Attorney by the State Director making the investigation unless the employer against whom the veteran makes claim for reemployment is a private employer and the State Director in whose State the veteran currently resides shall not request him to do so unless such employer is a private employer.

(d) The State Director of the State in which the veteran resides shall place the matter in the hands of the United States District Attorney only through the State Director having jurisdiction over the former employer's place of business and only if such former employer is a private employer.

203.23 Court Action Procedure.-(a) The right of a veteran to enlist the services of the United States District Attorney and to proceed in the United States District Court against a private employer who refuses to restore him to his former position is set forth in section 8 (e) of the Selective Training and Service Act of 1940, as amended, or section 3 (d) of Public Resolution 96, 76th Congress, as amended, or the Service Extension Act.

(b) When assistance in obtaining reinstatement in a former position with a private employer has been sought from the Selective Service System by a veteran, every possible effort to effect a mutually satisfactory settlement of the veteran's reemployment claim shall be exhausted before resort to court action is had. Where need for legal proceedings is finally indicated, the Chairman of the Local Board should send the case to the State Director of Selective Service. Upon receipt of such file, the State Director shall take such further steps as may be advisable before taking the case to the United States District Attorney. Only after further investigation and negotiation shall he determine whether legal proceedings are necessary and, if so, will forward the file to the appropriate United States District Attorney for proper action. The State Director, before referring such case to the United States District Attorney, will secure from the veteran his approval of such action in writing.

(c) Under no circumstances will a Local Board or any person attached to a Local Board, whether such person is compensated or

uncompensated, send a case directly to the United States District Attorney for prosecution under the act.

(d) The responsibility of the State Director to the veteran in such a case is not terminated by the referral of his case to the United States District Attorney. Wherever possible, a representative of the Selective Service System from State Headquarters or the Local Board, designated for that purpose by the State Director of Selective Service, shall cooperate with the United States District Attorney in the preparation and presentation of the case. The State Director's responsibility terminates only when the case has been finally adjudicated by the court, or has been settled by compromise or amicable adjustment, or when developments subsequent to the referral of the case to the United States District Attorney indicate to the State Director that there is inadequate basis for legal action on behalf of the veteran.

(e) The State Director will make a report to the Director of each case referred by him to the United States District Attorney for legal proceedings claiming reemployment rights or benefits. This report need not be in any particular form but should contain (1) the name and address of the veteran, (2) the number and address of the Local Board of the veteran, (3) the name and address of the employer, and (4) a brief statement of the facts in the case. The State Director will also advise the Director promptly of the disposition of the case by the United States District Attorney and, if tried by the court, of the court's decision.

(f) When a veteran requests that the Selective Service System refer his claim for reemployment with a private employer to the United States District Attorney and for any reason the request is declined, the veteran shall be advised that he is not thereby prevented from himself making application to the appropriate United States District Attorney for his services in enforcing the claim.

(g) When a veteran requests court action to enforce his claim to reemployment with a private employer and the United States District Attorney declines to act on a claim, the State Director should advise the veteran of his right to retain private counsel and should assist him, as he sees fit, in pursuing the matter further through other channels.

203.24 Medical Advisory Boards, Examining Physicians and Dentists, Use of.-The Local Board may request the Medical Advisory Board for the area in which the Board is located, or its Examining Physicians or Examining Dentist, to make such medical examination of a veteran as may be necessary for the Local Board's own information and guidance. The results of such examination shall be considered confidential and shall not be placed in the veteran's file or become a part thereof.

PART III

CHAPTER 1

THE REEMPLOYMENT PROVISIONS

301.1 Introduction.

301.2 Persons to Whom Reemployment Provisions Apply. 301.3 Qualifications for Reinstatement Rights.

301.4 Legal Remedies.

301.5 Waiver-Abandonment.

301.6 Leaving Position in Order to Enter the Armed Forces. 301.7 Position of Like Seniority, Status, and Pay.

301.8 Application for Reemployment.

301.9 Hospitalization Continuing After Discharge.