Issuance No: P3
Issuance Date: June 27, 2008; Revised 9/4/12
Subject: Failure to Register for Selective Service
Background: This policy statement is based on the U.S. Department of Labor Training and Employment Guidance Letter (TEGL) 11-11, Change 2.
Purpose: The purpose of this Policy Statement is to provide guidance to staff on applying the Selective Service registration requirement for individuals over the age of 26, born on/or after January 1, 1960, and will be applied on a case by case basis. Staff should follow the procedures as outlined in TEGL 11-11, Change 2.
TEGL 11-11, Change 2 states in part that grantees must either (1) request a Status Information Letter from a potential participant before making a determination of knowing and willful failure to register; or (2) initiate the process to determine if the potential participant’s failure to register was knowing and willful without first requesting a Status Information Letter.
1. The requirement for the person to so register has terminated or become inapplicable to the person; and
2. The person shows by a preponderance of the evidence that the failure of the person to register was not a knowing and willful failure to register.
Preponderance of the Evidence: Every effort should be exercised to assist customers to establish eligibility and provide the appropriate services. To demonstrate by the “Preponderance of the Evidence” that a person’s failure to register was not a knowing and willful failure, staff will be required to do the following:
1. Have person offer as much evidence and details as possible to support the circumstance that caused the failure to register. Examples of such “evidence” may include the following:
- Copies of document showing any periods of hospitalization, institutionalization, or incarceration occurring between their 18th and 26th birthdays or
- Third party affidavits from parents, teachers, employers, or doctors having first-hand knowledge of the person’s circumstance occurring between their 18th and 26th birthdays or
- The person’s affidavit detailing the circumstance occurring between their 18th and 26th An “Applicant Statement” can be used for this purpose with a collaborating witness’ signature.
2. Individuals who were not United State citizens during the period of mandatory Selective Service registration will then be required to provide documents that show when they entered the United States
3. Once the above mentioned information has been provided, staff must consult with Local WDB staff for final Selective Service eligibility determination prior to the provision of registered WIOA services. If the determination is favorable, staff may begin service provision. The MIS and the paper file must contain the documentation used to arrive at the eligibility determination.