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1505961
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Basic Documents
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1505961
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Basic Documents
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collections
Charles E. Goodell Papers
Presidential Clemency Board Subject Files
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Amnesty
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1974-09-30
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1974
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The original documents are located in Box 1, folder "Basic Documents" of the Charles E.
Goodell Papers at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Charles Goodell donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 1 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library
FORD
NOTICES
GERALD
12389
tion of Agency shall be made later than
b. "Advisory Committee has the mean-
visory committees though not estab-
three months after the effective date of
ing set forth in section 3 of the Act.
lished for that purpose.
this Order. However, such periods may be
5. Responsibilities. a. The Office of
(2) A copy of each charter shall be
extended for good cause by the Board
Management and Budget (OMB). In
furnished to the Library of Congress at
or by the Federal Reserve Bank of Kan-
general, the functions of the Director
the time of filing. Copies should be sent
sas City pursuant to delegated authority.
under the Act and under Executive Order
to:
The determination as to Agency's activ-
11769 shall be carried out by the Com-
Library of Congress
ities is subject to the conditions set forth
mittee Management Secretariat
of
Exchange and Gift Division
in § 225.4(c) of Regulation Y and to the
OMB.
Federal Advisory Committee Desk
Board's authority to require such modifi-
b. Departments and agencies. (1) The
Washington, D.C. 20540
cation or termination of the activities
head of each agency which uses an ad-
7. Termination and renewal of ad-
of a holding company or any of its sub-
visory committee shall insure compliance
visory committees. a. Each nonstatutory
sidiaries as the Board finds necessary to
with the Act-and this Circular and shall-
advisory committee not established
assure compliance with the provisions
issue regulations which apply to all ad--
by statute or reorganization plan) which
and purposes of the Act and the Board's
visory committees established or used by
is in existence on January 5. 1973. shall
regulations and orders issued thereun-
the agency.
terminate no later than January 5. 1975,
der, or to prevent evasion thereof.
(2) The head of each agency which
unless it is renewed by the President or
uses an advisory committee shall desig-
By order of the Board of Governors.
the agency head prior to January 5, 1975.
nate an Advisory Committee Manage-
effective March 29, 1974
Before such a committee can be re-
ment Officer who shall carry out the
newed by an agency, the agency head
[SEAL]
CHESTER B. FELDBERG,
functions specified in Section 8(b) of
must determine that renewal is neces-
Secretary of the Board.
the Act and this Circular. The name
sary and shall inform the OMB Sec-
Doc. Filed 4-4-74;8:45 am]
of each Advisory Committee Manage-
retariat of his determination and the
ment Officer shall be provided to the
reasons for it not more than 60 days be-
OMB Secretarist.
OFFICE OF MANAGEMENT AND
fore the -committee expires. If the Sec=
(3) Each agency shall maintain infor-
retariat concurs, the agency head shall
BUDGET
mation on the nature, functions, and op-
publish notice of the renewal in the Fed-
Circular No. A-63 Rev.]
erations of each of its advisory commit-
eral Register and shall file a new charter.
tees. This shall include a complete set
Any advisory committee which is re-
ADVISORY COMMITTEE MANAGEMENT
of the charters of the agency's advisory
newed shall continue for not more than
Guidance
committees, and copies of the annual
two years unless, prior to the expiration
reports on its advisory committees in a
MARCH 27, 1974.
of that period, it is renewed. Each such
single location.
advisory committee established by the
1. Purpose. This Circular provides
6. Creation of advisory committees. a.
President or a Federal officer after Janu-
guidance for implementation of the Fed-
When an agency proposes to establish
ary 5, 1973, shall terminate not later
eral Advisory Committee Act, Pub. L. No.
an advisory committee not specifically
than two years after its establishment
92-463, 5 U.S.C. App. I, (hereinafter re-
authorized by statute or by the Presi-
unless prior to that time it is renewed.
ferred to as the "Act") and Executive
dent, the agency head must consult with
b. Each advisory committee estab-
Order No. 11769, entitled "Advisory Com-
the OMB Secretariat. Such "consulta-
lished by statute or reorganization plan
mittee Management."
tion" may be in the form of a letter
which is in existence on January 5, 1973,
2. Rescission. This Circular rescinds
from the agency head describing the na-
shall terminate by January 5, 1975, un-
and supersedes the December 26, 1972
ture and purpose of the proposed advi-
less its duration is otherwise provided for
revision of Circular No. A-63 and the
sory committee, including an explanation
by law.
OMB/Department of Justice Memoran-
of whv the functions of the proposed
(1) Each such advisory committee
dum on implementation of the Federal
committee could not be performed by
which is established after January 5,
Advisory Committee Act (see 38 FR 2306
the agency or by an existing committee.
1973, shall terminate not later than two
(1973)
The letter, in addition, should describe
years after its establishment unless its
3. Policy. In the application of this Cir-
the agency's plan to attain balanced
duration is otherwise provided for by
cular, these principles should be followed.
membership on the proposed commit-
law.
a. Advisory Committee meetings
tee. If the OMB Secretariat is satisfied
(2) Any such statutory advisory com-
should be open to the public. Exceptions
that establishment of the advisory com-
mittee shall file a new charter upon the
should be held to the minimum, care-
mittee would be in accord with the Act,
expiration of each successive two-year
fully grounded in law and explained in
the agency head shall certify in writing
period following the date of enactment
detail. The emphasis should be on the
that creation of the advisory committee
of the statute establishing the commit-
free flow of information to the public.
is in the public interest. This certifica-
tee.
b: Advisory committees should be lim-
tion and a description of the nature and
c. No advisory committee required by
ited to those that are essential. Anv ad-
purpose of the committee shall be pub-
section 14(b) of the Act to file a new
visory-committees which are not fulfill-
lished in the FEDERAL REGISTER at least
charter shall take any action, other than
ing their purposes should be terminated.
15 days prior to the filing of the com-
preparation and filing of such charter,
c. The recommendations of advisory
mittee's charter. The OMB Secretariat
between the date the new charter is re-
committees should be considered by
may, for good cause, authorize a shorter
quired, and the date it is filed.
those who sought advice, while responsi-
period of time between publication of the
8. Operation of advisory committees-
ble Federal officers retain authority for
notice and the filing of the charter.
2. Calling of meetings. (1) No advisory
decisions.
If not satisfied that establishment of
committee shall hold any meeting except
d. Standards and uniform procedures
the advisory committee would be in ac-
at the call of or with the advance ap-
for the creation, operation, and duration
cordance with the Act. the OMB Sec-
proval of the Federal official designated
of advisory committees should be estab-
retariat shall inform the agency head in
in accordance with section 10(e) of the
lished.
writing within 15 days of receipt of the
Act and this Circular. (See 8f below.)
4. Definitions. For purposes of this
agency letter.
(2) Except with respect to Presi-
Circular-
b. Unless specifically provided other-
a. "Act" means the Federal Advisory
wlse by statute or Presidential directive,
dential advisory committees. each meet-
ing of an advisory committee shall be
Committee Act.
advisory committees shall be utilized
solely for advisorv functions.
conducted in accordance with an agenda
approved by the Federal official. The
c. (1) Each advisory committee shall
Voting for this action: Chairman Burns
agenda shall llst the matters to be con-
file a charter complying with section
and Governors Mitchell, Brimmer, Bucher,
sidered at the meeting. It shall also indi-
and Holland. Absent and not voting: Gov-
9(c) of the Act. This requirement ap-
cate when any part of the meeting will
ernors Sheehan and Wallich.
plies to committees "utilized" as ad-
concern matters within the exemptions
12390
NOTICES
of the Freedom of Information Act, 5
shall notify the agency head or, in the
9. Reports on advisory committees. a.
U.S.C. 552(b).
case of a Presidential advisory commit-
The President has delegated, in Execu-
b. Notice of meetings. (1) Except
tee, the Director at least 30 days before
tive Order 11769, responsibility for prep-
when the Director determines other-
the scheduled date of the meeting. The
aration of the annual report required by
wise for reasons of national security,
notification shall be in writing and shall
section 6(c) of the Act to the Adminis-
timely notice of each advisory com-
specify all the reasons why any part of
trator of General Services. The General
mittee meeting. whether open or
the meeting should be closed.
Services Administration (GSA) will pro-
closed to the public, shall be published in
If the agency head or the Director finds
vide appropriate reporting instructions.
the FEDERAL REGISTER. In addition to the
the request to be warranted and in ac-
b. Two copies of each public report of
notice in the FEDERAL REGISTER, other
cordance with the policy of the Act, the
each Presidential advisory committee
forms of notice should be used, for ex-
request shall be granted. The determina-
shall be submitted to the OMB Commit-
ample, press releases and notices by mail.
tion of the agency head or the Director
tee Management Secretariat at the time
Where practicable, agencies should main-
shall be in writing and shall state the
of the submission to the President.
tain lists of people and organizations in-
specific reasons for closing all or part of
10. Comprehensive Review. The an-
terested in particular advisory commit-
the meeting. The determination itself
nual review required by section 7(b) of
tees and notify them of meetings by mail.
shall be made available to the public on
the Act shall be conducted on a calen-
(2) Such notice should state the name
request. The agency head or the Director
dar-year basis. Agencies may schedule
of the advisory committee, the time,
may delegate responsibility for making
the review so that its results are incor-
place and purpose of the meeting (in-
the above determinations. However, in
porated in the annual report of advisory
cluding where appropriate, a summary
any case where a determination to close
committees. The review should examine
of the agenda). Notices ordinarily should
a meeting is made by a delegate of the
all advisory committees, and terminate
state that meetings are open to the pub-
agency head, the determination should
those no longer useful. Advisory commit-
lic, or, explain why any part is closed
be reviewed by the agency General
tees specifically. created by statute or
(3) Such notice should be published
Counsel.
Executive Order should be reviewed, and
at least 15 days before the date of the
(3) When a meeting is closed, the ad-
if appropriate, their termination recom-
meeting except that shorter notice may
visory committee shall issue a report at
mended. The comprehensive review
be provided in emergency situations, and
least annually setting forth a summary
should include, among other things, a
the reasons for such emergency excep-
of its activities and related matters which
summary of the total number of advisory
tions shall be made part of the-meeting-
are informative to the public consistent
committee meetings, the number of
notice. Agencies should keep in mind the
with the policy of 5 U.S.C. 552(b). Notice
closed or partially closed meetings, and
time the FEDERAL REGISTER needs to get
of availability of such annual report shall
a recapitulation of the exemptions in
notices into print, and plan accordingly.
be published in the FEDERAL REGISTER no
the Freedom of Information Act used as
(4) Notice is not required when the
later than 60 days after its completion.
a basis for closing meetings. The review
Director has determined that it should
The notice shall include instructions
should also comment in some detail on
not be published for reasons of national
which will allow the public access to the
agency efforts and procedures to insure
security. Any agency advisory committee
report.
balanced membership on its advisory
which seeks such a determination, shall
e. Minutes. Detailed minutes shall be
committees. The results of the compre-
submit its request and a statement of
kept of each advisory committee meet-
hensive review should be included in
reasons to the Director at least 30 days
ing. The minutes shall include: the time
the annual report to the Administrator
before the meeting is scheduled.
and place of the meeting; a list of ad-
of General Services.
c. Public participation. The agency
visory committee members and staff and
11. Uniform pay guidelines. a. Pay for
head or, in the case of a Presidential ad-
agency employees present at the meet-
members of an advisory committee. (1)
visory committee, the chairman of the
ing; a complete summary of matters dis-
Subject to the provisions of this para-
committee shall, for any advisory com-
cussed and conclusions reached; copies
graph, an agency shall fix the pay of the
mittee meeting. all or part of which is
of all reports received, issued, or ap-
members of an advisory committee to
open to the public, assure compliance
proved by the advisory committee; a de-
the daily equivalent of a rate of the Gen-
with the following rules:
scription of the extent to which the
eral Schedule in 5 U.S.C. 5332 unless the
(1) Meetings shall be held at a rea-
meeting was open to the public; and a
members are appointed as consultants
sonable time and at a place that is rea-
description of public participation, in-
and compensated as provided in 11c
sonably accessible to the public.
cluding a list of members of the public
below.
(2) The size of the meeting room shall
who presented oral or written state-
(2) In determining an appropriate
be determined by such factors as the
ments and an estimate of the number of
rate of pay for the members of an ad-
size of the committee, the number of
members of the public who attended the
visory committee, an agency shall give
members of the public who could reason-
meeting.
consideration to the significance. scope,
ably be expected to attend. the number
The chairman of the advisory commit-
and technical complexity of the matters
of persons who attended similar meet-
tee shall certify to the accuracy of the
with which the advisory committee is
ings in the past and the resources and
minutes.
concerned and the qualifications re-
facilities available.
f. Designated Federal employee. (1)
quired of the members of the advisory
(3) Any member of the public shall be
With regard to an advisory committee
committee.
permitted to file a written statement with
used by an agency, the agency head shall
(3) An agency may not fix the pay of
the committee.
designate a Federal officer or employee
the members of an advisory committee
(4) Interested persons may be per-
as set forth in section 10(e) of the Act
at a rate higher than the daily equiva-
mitted by the committee chairman to
and determine whether he is to chair or
lent of the maximum rate for GS-15
speak at the meeting in accordance with
attend the meetings. With regard to
unless the head of the agency has per-
procedures established by the committee.
Presidential advisory committees such
sonally determined that, under the fac-
d Closed meetings. (1) Section 10(d)
officer or employee may be designated,
tors set forth in paragraph 11b(3). a
of the Act states that the provisions con-
and his role determined by the Director.
higher rate of pay is justified and neces-
cerning open meetings and public partic-
Ordinarily. the designated Federal em-
sary. Such a determination must be re-
ipation "shall not apply to any advisory
ployee should serve on a continuing
viewed by the head of the agency
committee meeting which the President,
basis.
annually.
or the head of the agency to which the
(2) No advisory committee shall con-
b. Pay for the staff oj an advisory com-
advisory committee reports. determines
duct a meeting in the absence of the des-
mittee. (1) Subject to the provisions of
is concerned with matters listed in
ignated Federal employee.
b(2). below, an agency shall fix the pay
5 U.S.C. 552(b), the exemptions of the
(3) The designated Federal employee
of each member of the staff of an advisory
Freedom of Information Act.
shall be authorized to adjourn any ad-
committee at a rate of the General
(2) An advisory committee which
visory committee meeting. whenever he
Schedule in which the staff member's
seeks to have all or part of a meeting
determines adjournment to be in the
position would appropriately be placed
closed on the basis of 5 U.S.C. 552(b)
public interest.
were the General Schedule classification
NOTICES
12391
system in chapter 51- of title 5, United
The symbol (x) identifies proposals
change is suspended, for the period from
States Code, applicable to the position.
which appear to raise no significant is-
April 2, 1974 through April 11, 1074.
(2) An agency may not fix the pay of a
sues, and are to be approved after brief
By the Commission.
member of the staff of an advisory com-
notice through this release.
mittee at a rate higher than the daily
Further information about the items
[SEAL]
SHIRLEY E. HOLLIS,
equivalent of the maximum rate for GS-
on this Daily List may be obtained from
Senior Recording Secretary.
15 unless the head of the agency has de-
the Clearance Office, Office of Manage-
[FR Doc.74-7913 Filed 1-1-74;8:45 am)
termined that, under the General Sched-
ule classification system, the staff mem-
ment and Budget, Washington, D.C.
ber's position would appropriately be
20503 (202-395-4529).
[File No. 500-1]
placed in the General Schedule grade
NEW FORMS
INDUSTRIES INTERNATIONAL, INC.
higher than GS-15. Such a determina-
tion must be reviewed by the head of the
None.
Notice of Suspension of Trading
agency annually.
REVISIONS
APRIL 1, 1974.
c. Pay for consultants to an advisory
DEPARTMENT OF AGRICULTURE
It appearing to the Securities and Ex-
committee. An agency shall fix the pay
of a consultant to an advisory committee
Food and Nutrition Service: Reimbursement
change Commission that the summary
Voucher and Worksheet-Speclal Food
suspension of trading in the common
after giving consideration to the quali-
Service Program for Children (Special
stock of Industries International, Inc.
fications required of the consultant and
Summer Program), Forms FNS 143, FNS
being traded otherwise than on a na-
the significance, scope, and technical
143-1, Monthly, Lowry, Non-profit private
tional securities exchange is required in
complexity of the work. The rate of pay
service institutions.
the public interest and for the protection
shall not exceed the maximum rate of
DEPARTMENT OF HEALTH, EDUCATION, AND
of investors;
pay which the agency may pay experts
WELFARE
Therefore, pursuant to section 15(c)
and consultants under 5 U.S.C. 3109.
Social and Rehabilitation Service: Quarterly
(5) of the Securities Exchange Act of
d. Voluntary services of an advisory
committee member. The provisions of
Status Report: Disability Insurance Pro-
1934, trading in such securities other-
gram-(38DI) And Supplemental Security
wise than on a national securities ex-
this section shall not prevent an agency
Income Program- (SSI), Form SRS-RSA-
change is suspended for the period from
from accepting the voluntary services of
200, Quarterly, Caywood, State VR. agencies.
April 2, 1974 through April 11, 1974.
a member of an advisory committee, or a
member of the staff of an advisory com-
VETERANS ADMINISTRATION
By the Commission
mittee, provided that the agency has
Loan and Cash Surrender Values, Form VA
[SEAL]
authority to accept such services with-
29-5772, Occasional, Caywood, Insured vet-
SHIRLEY E. HOLLIS,
out compensation,
erans.
Senior Recording Secretary.
e. Reimbursable travel expenses for
EXTENSIONS
[FR Doc.74-7912 Filed 4-4-74:8:45 am]
advisory committee members and staff.
DEPARTMENT OF AGRICULTURE
The members of an advisory committee
INTERSTATE COMMERCE
and the staff thereof, while engaged in
Rural Electrification Administration: Request
for Release of Lien and/or Approval of Sale,
COMMISSION
the performance of their duties away
from their homes or regular places of
Form REA 793, Occasional, Evinger, REA
[Notice
telephone borrowers.
business, may be allowed travel expénses,
ASSIGNMENT OF HEARINGS
including per diem in lieu of subsistence,
DEPARTMENT OF COMMERCE
as authorized by 5 U.S.C. 5703 for persons
APRIL 2, 1974.
Bureau of the Census: State Tax Collec-
employed intermittently in the Govern-
tions-Supplemental Form, Form F-6,
Cases assigned for hearing, postpone-
ment-service.
Annual, Evinger (x), Govt. agencies.
ment, cancellation or oral argument ap-
12. Effective date. The provisions of
Annual Survey of State Tax Collections,
pear below and will-be published only
this Circular are effective on May 1, 1974.
Form F-5, Annual, Evinger (5), State
once. This list contains prospective as-
Govts.
13. Inquiries. For information concern-
signments only and does not include
PHILLIP D. LARSEN,
ing this Circular, contact the Office of
cases previously assigned hearing dates.
Management and Budget, Committee
Budget and Management Officer.
The hearings will be on the issues as
Management Secretariat, phone 395-
[FR Doc.74-7955 Filed 4-4-74;8:45 am]
presently reflected in the Official Docket
5193 (IDS Code 103).
of the Commission. An attempt will be
FRED MALEK,
SECURITIES AND EXCHANGE
made to publish notices of cancellation
of hearings as promptly as possible, but
Acting Director.
COMMISSION
interested parties should take appro-
[FR Doc.74-7900 Filed 4-1-74;8:45 am]
[File No. 500-1]
priate steps to insure that they are
EQUITY FUNDING CORPORATION OF
notified of cancellation or postponements
CLEARANCE OF REPORTS
AMERICA
of hearings in which they are interested.
No amendments will be entertained after
List of Requests
Notice of Suspension of Trading
the date of this publication.
The following is a list of requests for
APRIL 1, 1974.
MC-F-13025, Becker's Motor Transportation,
clearance of reports intended for use in
It appearing to the Securities and Ex-
Inc.-Control-Needham's Motor Service,
collecting information from the public
change Commission that the summary
Inc. and Finance Docket No. 27530, Becker's
Motor Transportation, Inc-Notes, now
received by the Office of Management and
suspension of trading in the common
assigned April 15. 1974 at N.Y., N.Y., 13 can-
Budget on April 2, 1974 (44 U.S.C. 3509).
stock. warrants to purchase the stock,
celled and reassigned April 15, 1974. in the
The purpose of publishing this list in the
9½ percent debentures due 1990. 5½
Gateway-Downtowner-Alotor Inn, Confer-
ence Room 415. Raymond Blvd. & McCarter
FEDERAL REGISTER is to inform the public.
percent convertible subordinated deben-
Highway, Newark, New Jersey.
The list includes the title of each re-
tures due 1991, and all other securities of
I
& S M-27472. General Increase. January
quest received; the name of the agency
Equity Funding Corporation of America
1974, Between Central & Southern States,
now assigned April 16,1974, at Washington,
sponsoring the proposed collection of in-
being traded otherwise than on 2 na-
D.C., is cancelled. The rates are being can-
formation: the agency form number, if
tional securities exchange is required in
celled.
applicable; the frequency with which the
the public interest and for the protection
MC 116763 Sub 261, Carl Subler Trucking.
Inc., continued to May 28, 1974. at the
information is proposed to be collected;
of investors;
Offices of the Interstate Commerce Com-
the name of the reviewer or reviewing di-
Therefore, pursuant to section 15(c)
mission. Washington, D.C.
vision within OMB. and an indication of
(5) of the Securities Exchange Act of
MC-F-11915. Nussbaum Trucking. Inc.-In-
vestigation of Control-Zone Motor
who will be the respondents to the pro-
1934, trading in such securities other-
Freight, Inc., now assigned April 29, 1974,
posed collection.
wise than on a national securities ex-
at Chicago, III., is cancelled.
FEDERAL REGISTER, VOL. 39, NO. 67-FRIDAY, APRIL 5, 1974
No. 67-Pt. I-10
ANNOUNCING A PROGRAM FOR THE RETURN OF
VIETNAM ERA DRAFT EVADERS AND MILITARY DESERTERS
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
The United States withdrew the last of its forces
from the Republic of Vietnam on March 28, 1973.
BERALD FORD LIBRARA
In the period of its involvement in armed hos-
tilities in Southeast Asia, the United States suffered
great losses. Millions served their country, thousands
died in combat, thousands more were wounded, others are
still listed as missing in action.
Over a year after the last American combatant had
left Vietnam, the status of thousands of our countrymen --
convicted, charged, investigated or still sought for
violations of the Military Selective Service Act or of
the Uniform Code of Military Justice -- remains unre-
solved.
In furtherance of our national commitment to justice
and mercy these young Americans should have a second
X
chance to contribute a share to the rebuilding of peace
among ourselves and with all nations. They should be
allowed the opportunity to earn return to their country,
their communities, and their families, upon their agree-
ment to a period of alternate service in the national
interest, together with an acknowledgement of their allegiance
to the country and its Constitution.
Desertion in time of war is a major, serious offense;
failure to respond to the country's call for duty is
also a serious offense. Reconciliation among our people
does not require that these acts be condoned. Yet,
reconciliation calls for an act of mercy to bind the
Nation's wounds and to heal the scars of divisiveness.
2
NOW, THEREFORE, I, Gerald R. Ford, President of the
United States, pursuant to my powers under Article II,
Sections 2 and 3 of the Constitution, do hereby proclaim
a program to commence immediately to afford reconciliation
to Vietnam era draft evaders and military deserters upon
the following terms and conditions:
1. Draft Evaders - An individual who allegedly
unlawfully failed under the Military Selective Service
Act or any rule or regulation promulgated thereunder,
to register or register on time, to keep the local
board informed of his current address, to report for or
submit to preinduction or induction examination, to
report for or submit to induction itself, or to report
for or submit to, or complete service under Section 6 (j)
of such Act during the period from August 4', 1964 to
March 28, 1973, inclusive, and who has not been adjudged
and such other offences directly related thereto
guilty in a trial for such offense, will be relieved of
prosecution and punishment for such offense if he:
(i) presents himself to a United States
Attorney before January 31, 1975,
(ii) executes an agreement acknowledging
his allegiance to the United States and
pledging to fulfill a period of alternate
service under the auspices of the Director
of Selective Service, and
(iii) satisfactorily completes such
service.
The alternate service shall
promote the national health, safety, or
interest
However, the program will not apply to an individual
who is precluded from re-entering the United States under
8 U.S.C. 1182 (a) (22) or other law. Additionally, if
individuals eligible for this program have other criminal
charges outstanding, their participation in the program
3
may be conditioned upon, or postponed until after, final
disposition of the other charges has been reached in
accordance with law.
Draft evaders chose not to accept the responsibility
concur
of military service when their Nation called.
Thus, no
draft evader will be given the privilege of completing
a period of alternate service by service in the Armed Forces.
The period of service shall be twenty-four months,
which may be reduced by the Attorney General because of
mitigating circumstances.
2. Military Deserters - A member of the military who
has been administratively classified as a deserter by
reason of unauthorized absence and whose absence commenced
during the period from August 4, 1964 to March 28, 1973,
will be relieved of prosecution and punishment under
Articles 85, 86 and 87 of the Uniform Code of Military
Justice for such absence and for offenses directly related
thereto if before January 31, 1975 he takes an oath of
allegiance to the United States and executes an agree-
ment with the Secretary of the Military Department from
which he is absent pledging to fulfill a period of
alternate service under the auspices of the Director of
Selective Service. The alternate service shall promote
the national health, safety, or interest.
The period of service shall be twenty-four months,
which may be reduced by the Secretary of the appropriate
X
Military Department because of mitigating circumstahces.
However, if a member of the military has additional
X
outstanding charges pending against him under the Uniform
Code of Military Justice, his eligibility to participate
in this program may be conditioned upon, or postponed
until after, final disposition of the additional charges
has been reached in accordance with law.
4
Each such member of the military who elects to seek
relief through this program will receive an undesirable
discharge from military service. Thereafter, upon satis-
factory completion of a period of alternate service
prescribed by the Military Department, such individual
will be entitled to receive, in lieu of his undesirable
discharge, a clemency discharge in recognition of his
fulfillment of the requirements of the program. Such
clemency discharge shall not bestow entitlement to
benefits administered by the Veterans Administration.
Procedures of the Military Departments implementing
this Proclamation will be in accordance with guidelines
established by the Secretary of Defense, present Military
Department regulations notwithstanding.
3. Presidential Clemency Board - By Executive Order
I have this date established a Presidential Clemency
Board which will review the records of individuals
within the following categories: (i) those who have
been convicted of draft evasion offenses as described
above, (ii) those who have received a punitive or un-
Item Phoned
desirable discharge from military service for having
violated Article 85, 86, or 87 of the Uniform Code of
in
Military Justice between August 4, 1964 and March 28,
1973, or are serving sentences of confinement for such
violations. Where appropriate, the Board may recommend
that clemency be conditioned upon completion of a period
of alternate service. However, if any clemency discharge
is recommended, such discharge shall not bestow entitle-
ment to benefits administered by the Veterans Administration.
4. Alternate Service - In prescribing the length of
alternate service in individual cases, the Attorney
General, the Secretary of the appropriate Military Depart-
ments, or the Clemency Board shall take into account such
honorable service as an individual may have rendered prior
to his absence, penalties already paid under law, and
5
such other mitigating factors as may be appropriate
to seek equity among those who participate in this
program.
IN WITNESS WHEREOF, I have hereunto set my hand
this
day of September in the year of
our Lord nineteen hundred seventy-four, and of the
Independence of the United States of America the
one hundred and ninety-ninth.
FACT SHEET
The President has today issued a Proclamation and Executive
Orders establishing a program of clemency for draft evaders
and military deserters to commence immediately. This program
has been formulated to permit these individuals to return to
American society without risking criminal prosecution or in-
carceration for qualifying offenses if they acknowledge their
allegiance to the United States and satisfactorily serve a period
of alternate civilian service.
The program is designed to conciliate divergent elements of
American society which were polarized by the protracted period
of conscription necessary to sustain United States activities
in Vietnam. Thus, only those who were delinquent with respect
to required military service between the date of the Tonkin
Gulf Resolution (August 4, 1964) and the date of withdrawal of
United States forces from Vietnam (March 28, 1973) will be
eligible. Further, only the offenses of draft evasion and
prolonged unauthorized absence from military service (referred
to hereinafter as desertion) are covered by the program.
Essential features of the program are outlined below.
1. Number of Draft Evaders. There are approximately 15,500
draft evaders potentially eligible. Of these some 8,700 have
been convicted of draft evasion. Approximately 4,350 are under
indictment at the present time, of which some 4,060 are listed
as fugitives. An estimated 3,000 of these are in Canada. A
further 2,250 individuals are under investigation with no pend-
ing indictments. It is estimated that approximately 130 persons
are still serving prison sentences for draft evasion.
2. Number of Military Deserters. Desertion, for the purposes
of this program, refers to the status of those members of the
armed forces who absented themselves from military service
without authorization for thirty days or more. During the
Vietnam era it is estimated that there were some 500,000 in-
cidents of desertion as so defined. Of this 500,000 a number X
were charged with offenses other than desertion at the time
they absented themselves. These other offenses are not within
the purview of the clemency program for deserters. Approximately
12,500 of the deserters are still at large of whom about 1,500
are in Canada. Some 660 deserters are at present serving sen-
tences to confinement or are awaiting trial under the Uniform
Code of Military Justice.
3. Unconvicted Evader. Draft evaders will report to the U.S.
Attorney for the district in which they allegedly committed
their offense.
Draft evaders participating in this program will be required to
make a written agreement with the U.S. Attorney to perform
alternate service, under the auspices of the Director of
Selective Service. The alternate service will constitute an
acknowledgement of allegiance to the United States.
The duration of alternate service will be 24 months, but may
be reduced for mitigating factors as determined by the U.S.
Attorney.
The Director of Selective Service will have the responsibility
to find alternate service jobs for those who report. Upon
satisfactory completion of the alternate service, the Director
will issue a certificate of satisfactory completion to the
individual and U.S. Attorney, who will either move to dis-
miss the indictment if one is outstanding, or agree not to
press possible charges in cases where an indictment has not
been returned.
2
If the draft evader fails to perform the agreed term of alternate
service, the U.S. Attorney will be free to, and in normal circum-
stances will, resume prosecution of the case as provided in the
terms of the agreement.
Aliens who fled the country to evade the draft will be ineligible
to participate in the program.
4. Unconvicted Military Absentees. Military absentees who have
no other pending charges may elect to participate in the program.
Military deserters will apply by writing to:
addresses
addee
a. ARMY - Commanding Officer, Fort Benjamin Harrison,
Indiana 46216
b. NAVY - Chief of Naval Personnel, Arlington Annex,
Arlington, Virginia 20370
C. AIR FORCE - Commanding Officer, Personnel Center,
Randolph Air Force Base, Texas 78148
d. MARINE CORPS - Commandant, U. S. Marine Corps,
Arlington Annex, Arlington, Virginia 20380
Those who make such an election will be required to execute a
reaffirmation of allegiance and pledge to perform a period of
alternate civilian service. Those against whom other charges under
the Uniform Code of Military Justice are pending will not be eli-
gible to participate in the program until these other charges are
disposed of in accordance with the law. Participants in the pro-
gram will be separated with an undesirable discharge. Although
these discharges will not be coded on their face in any manner,
the Veterans Administration will be advised that the recipients
were discharged for willful and persistent unauthorized absence.
They will thus not be eligible for any benefits provided by the
Veterans Administration.
The length of required alternate civilian service will be
determined by the parent Services for each individual on a case-
by-case basis. The length of service will be 24 months, but may
be reduced for military service already completed or for other
mitigating factors as determined by the parent Service. After
being discharged each individual will be referred to the
Director of Selective Service for assignment to prescribed
work. Upon certification that this work has been satis-
factorily completed, the individual may submit the certification
to his former Service. The Service will then issue a special new
type of discharge a Clemency Discharge -- which will be sub-
stituted for the previously awarded undesirable discharge.
However the Clemency Discharge shall not bestow entitlement
to benefits administered by the Veterans Administration.
By
5. Alternate Civilian Service. Determining factors in selecting
suitable alternate service jobs will be:
not
(a) National Health, Safety or Interest.
be
caps
(b) Noninterference with the competitive labor market. The
but
applicant cannot be assigned to a job for which there are
be
more numerous qualified applicants than jobs available.
(c) Compensation. The compensation will provide a standard
of living to the applicant reasonably comparable to the
standard of living the same man would enjoy if he were
entering the military service.
pemove
parenthesis
for
3
remover
(d) Skill and talent utilization. Where possible, an
applicant may utilize his special skills.
In prescribing the length of alternate service in individual
cases, the Attorney General, the Military Department, or the
Clemency Board shall take into account such honorable service
as an individual may have rendered prior to his absence,
penalties already paid under the law, and such other mitigating
factors as may be appropriate to seek equity among participants
in the program.
6. No Grace Period. There will not be a grace period for those
outside the country to return and negotiate for clemency with the
option of again fleeing the jurisdiction. All those re-entering
the United States will have fifteen days to report to the appro-
priate authority from the date of their re-entry. However, this
fifteen day period shall not extend the final date of reporting
of January 31, 1975 as set forth in the Proclamation.
7. Inquiries. Telephone inquiries may be made to the following
authorities:
Evaders: (202) 739-4281
Military Absentees:
pole: number is needed here
UNCONVICTED DRAFT EVADER AND MILITARY ABSENTEE
DRAFT EVADER
MILITARY ABSENTEE
Report to United States Attorney
Report as prescribed by
where offense was committed
the military department
Concerned
about
nob be
cap
Oath of Allegiance to
United States
Agree with U. S. Attorney to
Agree with the concerned
perform 24 months alternate
Military Department to
Service or less based upon
perform 24 months alternate
mitigating circumstances and an achouning
service or less based
of allegiance.
upon mitigating
circumstances
Perform alternate service under
Upon request, Military
the auspices of the Director of
Department forgoes prose-
Selective Service
cution, and issues
undesirable discharge
Director of Selective Service
Perform alternate service
issues certificate of satis-
under the auspices of the
factory completion of alter-
Director of Selective
nate service
Service
Receipt by United States Attorney
Director of Selective Service
of a certificate of satisfactory
issues certificate of satis-
completion of alternate service
factory completion of alter-
nate service
Dismissal of indictment or
Receipt of a certificate of
dropping of charges
satisfactory completion of
alternate service by the
concerned Military Department
Clemency Discharge substituted
onit
capital
for undesirable discharge
CONVICTED DRAFT EVADER AND MILITARY ABSENTEE
DRAFT EVADER
MILITARY ABSENTEE
Apply to Clemency Board
Apply to Clemency Board
Clemency Board may recommend
Clemency Board may recommend
clemency to the President
clemency to the President,
in the form of substituting
a clemency discharge for a
punitive or undesirable
discharge
2
DRAFT EVADER
MILITARY ABSENTEE
Clemency Board may condition
Clemency Board may condition
recommendation of clemency on
recommendation of clemency on
period of alternate service
period of alternate service
President may grant clemency
President may grant clemency,
in the form of substituting
a clemency discharge for a
punitive or undesirable
discharge
FACT SHEET
PRESIDENTIAL CLEMENCY BOARD
The President has today established by Executive Order a
nine member Presidential Clemency Board. The Board will
review the records of two kinds of applicants. First, those
who have been convicted of a draft evasion offense committed
between August 4, 1964 and March 28, 1973. Second, those who
received a punitive or undesirable discharge from the military
because of a military absentee offense committed during the
Vietnam erax The Board will recommend clemency to the President
on a case-by-case basis. In the absence of aggravating factors,
the Clemency Board would be expected to recommend clemency.
When appropriate, the Board could recommend clemency conditioned
upon the performance of some alternate service. In the case of
a military absentee, the Board could also recommend that a
clemency discharge be substituted for a punitive or undesirable
discharge.
The Board has been instructed to give priority consideration to
individuals currently confined. The President has also asked
that their confinement be suspended as soon as possible,
pending the Board's review.
The Board will consider the cases only of persons who apply be-
fore January 31, 1975. It is expected to complete its work not
later than December 31, 1976.
or one serving sentences of conforment for smale violatance,
EXECUTIVE ORDER
DELEGATION OF CERTAIN FUNCTIONS VESTED IN THE
PRESIDENT TO THE DIRECTOR OF SELECTIVE SERVICE
By virtue of the authority vested in me as
President of the United States,
Commander
#
Chief
and pursuant to my powers under Article II, Sections 2
and 3 of the Constitution, and under Section 301 of
Title 3 of the United States Code, it is hereby ordered
as follows:
Section 1. The Director of Selective Service
is designated and empowered, without the approval,
ratification or other action of the President, under
such regulations as he may prescribe, to establish,
implement, and administer the program of alternate
service authorized in the Proclamation announcing a
program for the return of Vietnam era draft evaders
and military deserters.
Sec. 2. Departments and agencies in the Executive
branch shall, upon the request of the Director of
Selective Service, cooperate and assist in the im-
plementation or administration of the Director's
duties under this Order, to the extent permitted by
law.
EXECUTIVE ORDER
ESTABLISHING A CLEMENCY BOARD TO REVIEW CERTAIN
CONVICTIONS OF PERSONS UNDER SECTION 12 OF THE
MILITARY SELECTIVE SERVICE ACT AND CERTAIN
DISCHARGES ISSUED BECAUSE OF AND CONVICTIONS FOR
VIOLATIONS OF ARTICLE 85, 86 or 87 OF THE UNIFORM
CODE OF MILITARY JUSTICE AND TO MAKE RECOMMENDA-
TIONS FOR EXECUTIVE CLEMENCY WITH RESPECT THERETO
By virtue of the authority vested in me as President
of the United States by Section 2 of Article II of the
Constitution of the United States, and in the interest
of the internal management of the Government, it is
ordered as follows:
Section 1. There is hereby established a board
of 9 members, which shall be known as the Presidential
Clemency Board. The members of the Board shall be
appointed by the President, who shall also designate
its Chairman.
Sec. 2. The Board, under such regulations as it
may prescribe, shall examine the cases of persons who
apply prior to January 31, 1975, and who (i) have been
convicted of violating Section 12 of the Military Selective
Service Act (50 App. U.S.C. $462), or of any rule or
regulation promulgated pursuant to that section, for
acts committed between August 4, 1964 and March 28, 1973,
or (ii) have received punitive or undesirable discharges
as a consequence of violations of Articles 85, 86 or 87
of the Uniform Code of Military Justice (10 U.S.C. $$885,
886, 887) that occurred between August 4, 1964 and
March 28, 1973, or are serving sentences of confinement
for such violations. The Board will only consider the
cases of Military Selective Service Act violators who
were convicted of unlawfully failing (i) to register or
register on time, (ii) to keep the local board informed
of their his current address, (iii) to report for or submit to
preinduction or induction examination, (iv) to report for
2
or submit to induction itself, or (v) to report for or
submit to or complete alternate service. However, the
Board will not consider the cases of individuals who are
precluded from re-entering the United States under 8 U.S.C.
1182 (a) (22) other law.
Sec. 3. The Board shall report to the President its
findings and recommendations as to whether Executive Clemency
should be granted or denied in any case. If clemency is recom-
mended, the Board shall also recommend the form that such
clemency should take, including clemency conditioned upon a
period of alternate service in the national interest. In the
case of an individual discharged from a military service with
a punitive or undesirable discharge, the Board may recommend
to the President that a clemency discharge be substituted
for a punitive or undesirable discharge. Determination of
any period of alternate service shall be in accord with the
Proclamation announcing a program for the return
of Vietnam era draft evaders and military deserters.
Sec. 4. The Board shall give priority consideration to
those applicants who are presently confined and have been
convicted only of an offense set forth in section 2 of this
order, and who have no outstanding criminal charges.
Sec. 5. Each member of the Board, except any member
who then receives other compensation from the United States,
may receive compensation for each day he or she is engaged
upon the work of the Board at not to exceed the daily rate
now or hereafter prescribed by law for persons and positions
in GS-18, as authorized by law (5 U.S.C. 3109), and may also
receive travel expenses, including per diem in lieu of sub-
sistence, as authorized by law (5 U.S.C. 5703) for persons in
the government service employed intermittently.
Sec. 6. Necessary expenses of the Board may be paid from
the Unanticipated Personnel Needs Fund of the President or from
such other funds as may be available.
3
Sec. 7. Necessary administrative services and support may
be provided the Board by the General Services Administration
on a reimbursable basis.
Sec. 8. All departments and agencies in the Executive
branch are authorized and directed to cooperate with the
Board in its work, and to furnish the Board all appropriate
information and assistance, to the extent permitted by law.
Sec. 9. The Board shall submit its final recommendations
to the President not later than December 31, 1976, at which
time it shall cease to exist.
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Arthur Lee June
ANNOUNCING A PROGRAM FOR THE RETURN OF
VIETNAM ERA DRAFT EVADERS AND MILITARY DESERTERS
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
The United States withdrew the last of its forces
from the Republic of Vietnam on March 28, 1973.
In the period of its involvement in armed hos-
tilities in Southeast Asia, the United States suffered
great losses. Millions served their country, thousands
died in combat, thousands more were wounded, others are
still listed as missing in action.
Over a year after the last American combatant had
left Vietnam, the status of thousands of our countrymen --
convicted, charged, investigated or still sought for
violations of the Military Selective Service Act or of
the Uniform Code of Military Justice -- remains unre-
solved.
In furtherance of our national commitment to justice
and mercy these young Americans should have the
chance to contribute a share to the rebuilding of peace
among ourselves and with all nations. They should be
allowed the opportunity to earn return to their country,
their communities, and their families, upon their agree-
ment to a period of alternate service in the national
interest, together with an acknowledgement of their allegiance
to the country and its Constitution.
Desertion in time of war is a major, serious offense;
failure to respond to the country's call for duty is
also a serious offense. Reconciliation among our people
does not require that these acts be condoned. Yet,
reconciliation calls for an act of mercy to bind the
Nation's wounds and to heal the scars of divisiveness.
2
NOW, THEREFORE, I, Gerald R. Ford, President of the
United States, pursuant to my powers under Article II,
Sections 1, 2 and 3 of the Constitution, do hereby proclaim
a program to commence immediately to afford reconciliation
to Vietnam era draft evaders and military deserters upon
the following terms and conditions:
1. Draft Evaders - An individual who allegedly
unlawfully failed under the Military Selective Service
Act or any rule or regulation promulgated thereunder,
to register or register on time, to keep the local
board informed of his current address, to report for or
submit to preinduction or induction examination, to
report for or submit to induction itself, or to report
for or submit to, or complete service under Section 6 (j)
of such Act during the period from August 4, 1964 to
March 28, 1973, inclusive, and who has not been adjudged
guilty in a trial for such offense, will be relieved of
prosecution and punishment for such offense if he:
(i) presents himself to a United States
Attorney before January 31, 1975,
(ii) executes an agreement acknowledging
his allegiance to the United States and
pledging to fulfill a period of alternate
service under the auspices of the Director
of Selective Service, and
(iii) satisfactorily completes such
service.
The alternate service shall promote the national health,
safety, or interest. No draft evader will be given the
privilege of completing a period of alternate service by
service in the Armed Forces.
However, this program will not apply to an individual
who is precluded from re-entering the United States under
8 U.S.C. 1182 (a) (22) or other law. Additionally, if
individuals eligible for this program have other criminal
charges outstanding, their participation in the program
3
may be conditioned upon, or postponed until after, final
disposition of the other charges has been reached in
accordance with law.
The period of service shall be twenty-four months,
which may be reduced by the Attorney General because of
mitigating circumstances.
2. Military Deserters - A member of the armed forces who
has been administratively classified as a deserter by
reason of unauthorized absence and whose absence commenced
during the period from August 4, 1964 to March 28, 1973,
inclusive, will be relieved of prosecution and punishment
under Articles 85, 86 and 87 of the Uniform Code of Military
Justice for such absence and for offenses directly related
thereto if before January 31, 1975 he takes an'oath of
allegiance to the United States and executes an agree-
ment with the Secretary of the Military Department from
which he absented himself or for members of the Coast Guard,
with the Secretary of Transportation, pledging to fulfill a
period of alternate service under the auspices of the
Director of Selective Service. The alternate service shall
promote the national health, safety, or interest.
The period of service shall be twenty-four months,
which may be reduced by the Secretary of the appropriate
Military Department, or Secretary of Transportation for
members of the Coast Guard, because of mitigating
circumstances.
However, if a member of the armed forces has additional
outstanding charges pending against him under the Uniform
Code of Military Justice, his eligibility to participate
in this program may be conditioned upon, or postponed
until after, final disposition of the additional charges
has been reached in accordance with law.
4
Each member of the armed forces who elects to seek
relief through this program will receive an undesirable
discharge. Thereafter, upon satisfactory completion of
a period of alternate service prescribed by the Military
Department or Department of Transportation, such individual
will be entitled to receive, in lieu of his undesirable
discharge, a clemency discharge in recognition of his
fulfillment of the requirements of the program. Such
clemency discharge shall not bestow entitlement to
benefits administered by the Veterans Administration.
Procedures of the Military Departments implementing
this Proclamation will be in accordance with guidelines
established by the Secretary of Defense, present Military
Department regulations notwithstanding.
3. Presidential Clemency Board - By Executive Order
I have this date established a Presidential Clemency
Board which will review the records of individuals
within the following categories: (i) those who have
been convicted of draft evasion offenses as described
above, (ii) those who have received a punitive or un-
desirable discharge from service in the armed forces for
having violated Article 85, 86, or 87 of the Uniform Code
of Military Justice between August 4, 1964 and March 28,
1973, or are serving sentences of confinement for such
violations. Where appropriate, the Board may recommend
that clemency be conditioned upon completion of a period
of alternate service. However, if any clemency discharge
is recommended, such discharge shall not bestow entitle-
ment to benefits administered by the Veterans Administration.
4. Alternate Service - In prescribing the length of
alternate service in individual cases, the Attorney
General, the Secretary of the appropriate Department,
or the Clemency Board shall take into account such
honorable service as an individual may have rendered prior
to his absence, penalties already paid under law, and
5
such other mitigating factors as may be appropriate
to seek equity among those who participate in this
program.
IN WITNESS WHEREOF, I have hereunto set my hand
this sixteenth day of September in the year of
our Lord nineteen hundred seventy-four, and of the
Independence of the United States of America the
one hundred and ninety-ninth.
EXECUTIVE ORDER
ESTABLISHING A CLEMENCY BOARD TO REVIEW CERTAIN
CONVICTIONS OF PERSONS UNDER SECTION 12 OR 6(j)
OF THE MILITARY SELECTIVE SERVICE ACT AND CERTAIN
DISCHARGES ISSUED BECAUSE OF, AND CERTAIN CONVIC-
TIONS FOR, VIOLATIONS OF ARTICLE 85, 86 or 87 OF
THE UNIFORM CODE OF MILITARY JUSTICE AND TO MAKE
RECOMMENDATIONS FOR EXECUTIVE CLEMENCY WITH RESPECT
THERETO
By virtue of the authority vested in me as President
of the United States by Section 2 of Article II of the
Constitution of the United States, and in the interest
of the internal management of the Government, it is
ordered as follows:
Section 1. There is hereby established in the
Executive Office of the President a board of 9 members,
which shall be known as the Presidential Clemency Board.
The members of the Board shall be appointed by the
President, who shall also designate its Chairman.
Sec. 2. The Board, under such regulations as it
may prescribe, shall examine the cases of persons who
apply for Executive clemency prior to January 31, 1975,
and who (i) have been convicted of violating Section 12 or
6(j) of the Military Selective Service Act (50 App.
U.S.C. $462), or of any rule or regulation promulgated
pursuant to that section, for acts committed between
August 4, 1964 and March 28, 1973, inclusive, or (ii) have
received punitive or undesirable discharges as a conse-
quence of violations of Article 85, 86 or 87 of the
Uniform Code of Military Justice (10 U.S.C. §§ 885, 886,
887) that occurred between August 4, 1964 and March 28,
1973, inclusive, or are serving sentences of confinement
for such violations. The Board will only consider the
cases of Military Selective Service Act violators who
were convicted or unlawfully failing (i) to register or
register on time, (ii) to keep the local board informed
of their current address, (iii) to report for or submit
to preinduction or induction examination, (iv) to report for
2
or submit to induction itself, or (v) to report for or
submit to, or complete service under Section 6 (j) of
such Act. However, the Board will not consider the
cases of individuals who are precluded from re-entering
the United States under 8 U.S.C. 1182 (a) (22) or other
law.
Sec. 3. The Board shall report to the President its
findings and recommendations as to whether Executive clemency
should be granted or denied in any case. If clemency is recom-
mended, the Board shall also recommend the form that such
clemency should take, including clemency conditioned upon a
period of alternate service in the national interest. In the
case of an individual discharged from the armed forces with
a punitive or undesirable discharge, the Board may recommend
to the President that a clemency discharge be substituted
for a punitive or undesirable discharge. Determination of
any period of alternate service shall be in accord with the
Proclamation announcing a program for the return
of Vietnam era draft evaders and military deserters.
Sec. 4. The Board shall give priority consideration to
those applicants who are presently confined and have been
convicted only of an offense set forth in section 2 of this
order, and who have no outstanding criminal charges.
Sec. 5. Each member of the Board, except any member
who then receives other compensation from the United States,
may receive compensation for each day he or she is engaged
upon the work of the Board at not to exceed the daily rate
now or hereafter prescribed by law for persons and positions
in GS-18, as authorized by law (5 U.S.C. 3109), and may also
receive travel expenses, including per diem in lieu of sub-
sistence, as authorized by law (5 U.S.C. 5703) for persons in
the government service employed intermittently.
Sec. 6. Necessary expenses of the Boted may be paid from
the Unanticipated Personnel Needs Fund of the President or from
such other funds as may we available.
3
Sec. 7. Necessary administrative services and support may
be provided the Board by the General Services Administration
on a reimbursable basis.
Sec. 8. All departments and agencies in the Executive
branch are authorized and directed to cooperate with the
Board in its work, and to furnish the Board all appropriate
information and assistance, to the extent permitted by law.
Sec. 9. The Board shall submit its final recommendations
to the President not later than December 31, 1976, at which
time it shall cease to exist.
THE WHITE HOUSE,
September 16, 1974.
EXECUTIVE ORDER
DELEGATION OF CERTAIN FUNCTIONS VESTED IN THE
PRESIDENT TO THE DIRECTOR OF SELECTIVE SERVICE
By virtue of the authority vested in me as
President of the United States, pursuant to my powers
under Article II, Sections 1, 2 and 3 of the Constitution,
and under Section 301 of Title 3 of the United States
Code, it is hereby ordered as follows:
Section 1. The Director of Selective Service
is designated and empowered, without the approval,
ratification or other action of the President, under
such regulations as he may prescribe, to establish,
implement, and administer the program of alternate
service authorized in the Proclamation announcing a
program for the return of Vietnam era draft evaders
and military deserters.
Sec. 2. Departments and agencies in the Executive
branch shall, upon the request of the Director of
Selective Service, cooperate and assist in the im-
plementation or administration of the Director's
duties under this Order, to the extent permitted by
law.
THE WHITE HOUSE,
September 16, 1974.
FACT SHEET
PROGRAM FOR THE RETURN OF VIETNAM ERA
DRAFT EVADERS AND MILITARY DESERTERS
The President has today issued a Proclamation and Executive
Orders establishing a program of clemency for draft evaders
and military deserters to commence immediately. This program
has been formulated to permit these individuals to return to
American society without risking criminal prosecution or in-
carceration for qualifying offenses if they acknowledge their
allegiance to the United States and satisfactorily serve a period
of alternate civilian service.
The program is designed to conciliate divergent elements of
American society which were polarized by the protracted period
of conscription necessary to sustain United States activities
in Vietnam. Thus, only those who were delinquent with respect
to required military service between the date of the Tonkin
Gulf Resolution (August 4, 1964) and the date of withdrawal of
United States forces from Vietnam (March 28, 1973) will be
eligible. Further, only the offenses of draft evasion and
prolonged unauthorized absence from military service (referred
to hereinafter as desertion) are covered by the program.
Essential features of the program are outlined below.
1. Number of Draft Evaders. There are approximately 15,500
draft evaders potentially eligible. Of these some 8,700 have
been convicted of draft evasion. Approximately 4,350 are under
indictment at the present time, of whom some 4,060 are listed
as fugitives. An estimated 3,000 of these are in Canada. A
further 2,250 individuals are under investigation with no pend-
ing indictments. It is estimated that approximately 130 persons
are still serving prison sentences for draft evasion.
2. Number of Military Deserters. Desertion, for the purposes
of this program, refers to the status of those members of the
armed forces who absented themselves from military service
without authorization for thirty days or more. During the
Vietnam era it is estimated that there were some 500,000 in-
cidents of desertion as so defined. Of this 500,000 a number
were charged with offenses other than desertion at the time
they absented themselves. These other offenses are not within
the purview of the clemency program for deserters. Approximately
12,500 of the deserters are still at large of whom about 1,500
are in Canada. Some 660 deserters are at present serving sen-
tences to confinement or are awaiting trial under the Uniform
Code of Military Justice.
3. Unconvicted Evader. Draft evaders will report to the U.S.
Attorney for the district in which they allegedly committed
their offense.
Draft evaders participating in this program will acknowledge
their allegiance to the United States by agreeing with the
United States Attorney to perform alternate service under
the auspices of the Director of Selective Service.
The duration of alternate service will be 24 months, but may
be reduced for mitigating factors as determined by the
Attorney General.
The Director of Selective Service will have the responsibility
to find alternate service jobs for those who report. Upon
satisfactory completion of the alternate service, the Director
will issue a certificate of satisfactory completion to the
individual and U.S. Attorney, who will either move to dis-
miss the indictment if one is outstanding, or agree not to
press possible charges in cases where an indictment has not
been returned.
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If the draft evader fails to perform the agreed term of alternate
service, the U.S. Attorney will be free to, and in normal circum-
stances will, resume prosecution of the case as provided in the
terms of the agreement.
Aliens who fled the country to evade the draft will be ineligible
to participate in the program.
4. Unconvicted Military Absentees. Military absentees who have
no other pending charges may elect to participate in the program.
Military deserters may seek instructions by writing to:
(a). ARMY - U.S. Army Deserter Information Point,
Fort Benjamin Harrison, Indiana 46216
(b). NAVY - Chief of Naval Personnel, (Pers 83),
Department of the Navy, Washington, D.C. 20370
(c). AIR FORCE - U.S. Air Force Deserter Information
Point, (AFMDC/DPMAK) Randolph Air Force Base,
Texas 78148
(d). MARINE CORPS - Headquarters, U.S. Marine Corps, (MC)
Washington, D.C. 20380
Those who make such an election will be required to execute a
reaffirmation of allegiance and pledge to perform a period of
alternate civilian service. Those against whom other charges under
the Uniform Code of Military Justice are pending will not be eli-
gible to participate in the program until these other charges are
disposed of in accordance with the law. Participants in the pro-
gram will be separated with an undesirable discharge. Although
these discharges will not be coded on their face in any manner,
the Veterans Administration will be advised that the recipients
were discharged for willful and persistent unauthorized absence.
They will thus not be eligible for any benefits provided by the
Veterans Administration.
The length of required alternate civilian service will be
determined by the parent Services for each individual on a case-
by-case basis. The length of service will be 24 months, but may
be reduced for military service already completed or for other
mitigating factors as determined by the parent Service. After
being discharged each individual will be referred to the
Director of Selective Service for assignment to prescribed
work. Upon certification that this work has been satis-
factorily completed, the individual may submit the certification
to his former Service. The Service will then issue a special new
type of discharge -- a Clemency Discharge -- which will be sub-
stituted for the previously awarded undesirable discharge.
However, the Clemency Discharge shall not bestow entitlement
to benefits administered by the Veterans Administration.
5. Alternate Civilian Service. Determining factors in selecting
suitable alternate service jobs will be:
(a) National Health, Safety or Interest.
(b) Noninterference with the competitive labor market. The
applicant cannot be assigned to a job for which there are
more numerous qualified applicants than jobs available.
(c) Compensation. The compensation will provide a standard
of living to the applicant reasonably comparable to the
standard of living the same man would enjoy if he were
entering the military service.
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(d) Skill and talent utilization. Where possible, an
applicant may utilize his special skills.
In prescribing the length of alternate service in individual
cases, the Attorney General, the Military Department, or the
Clemency Board shall take into account such honorable service
as an individual may have rendered prior to his absence,
penalties already paid under the law, and such other mitigating
factors as may be appropriate to seek equity among participants
in the program.
6. No Grace Period. There will not be a grace period for those
outside the country to return and negotiate for clemency with the
option of again fleeing the jurisdiction. All those eligible for
the program and who have no additional criminal charges outstanding
who re-enter the United States will have fifteen days to report
to the appropriate authority from the date of their re-entry.
However, this fifteen day period shall not extend the final date
of reporting of January 31, 1975 as set forth in the Proclamation.
7. Inquiries. Telephone inquiries may be made to the following
authorities:
Evaders:
Department of Justice:
(202) 739-4281
Military Absentees:
U.S. Navy:
(202) 694-2007
(202) 694-1936
U.S. Marine Corps:
(703) 694-8926
U.S. Army:
(317) 542-2722
(317) 542-2791
(317) 542-2482
U.S. Air Force:
(512) 652-4104
U.S. Coast Guard:
(202) 426-1830
FACT SHEET
PRESIDENTIAL CLEMENCY BOARD
The President has today established by Executive Order a
nine member Presidential Clemency Board. The Board will
review the records of two kinds of applicants. First, those
who have been convicted of a draft evasion offense committed
between August 4, 1964 and March 28, 1973, inclusive. Second,
those who received a punitive or undesirable discharge from
the armed forces because of a military absentee offense com-
mitted during the Vietnam era or are serving sentences of
confinement for such violations. The Board will recommend
clemency to the President on a case-by-case basis. In the
absence of aggravating factors, the Clemency Board would be
expected to recommend clemency.
When appropriate, the Board could recommend clemency conditioned
upon the performance of some alternate service. In the case of
a military absentee, the Board could also recommend that a
clemency discharge be substituted for a punitive or undesirable
discharge.
The Board has been instructed to give priority consideration to
individuals currently confined. The President has also asked
that their confinement be suspended as soon as possible,
pending the Board's review.
The Board will consider the cases only of persons who apply be-
fore January 31, 1975. It is expected to complete its work not
later than December 31, 1976.
FACT SHEET
PROCEDURES TO BE FOLLOWED
UNCONVICTED DRAFT EVADER AND MILITARY ABSENTEE
DRAFT EVADER
MILITARY ABSENTEE
(including Coast Guard)
Report to United States Attorney
Report as prescribed by
where offense was committed
the military department
concerned or for members
of the Coast Guard report
to the Secretary of
Transportation
Acknowledge allegiance to the
United States by agreeing with the
Oath of Allegiance to
United States Attorney to perform
United States
24 months alternate service or less
based on mitigating circumstances
Agree with the concerned
Military Department to
perform 24 months alternate
service or less based
upon mitigating
circumstances
Perform alternate service under
Upon request, Military
the auspices of the Director of
Department forgoes prose-
Selective Service
cution, and issues
undesirable discharge
Director of Selective Service
Perform alternate service
issues certificate of satis-
under the auspices of the
factory completion of alter-
Director of Selective
nate service
Service
Receipt by United States Attorney
Director of Selective Service
of a certificate of satisfactory
issues certificate of satis-
completion of alternate service
factory completion of alter-
nate service
Dismissal of indictment or
Receipt of a certificate of
dropping of charges
satisfactory completion of
alternate service by the
concerned Military Department
Clemency discharge substituted
for undesirable discharge
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CONVICTED DRAFT EVADER AND MILITARY ABSENTEE
DRAFT EVADER
MILITARY ABSENTEE
(including Coast Guard)
Apply to Clemency Board
Apply to Clemency Board
Clemency Board may recommend
Clemency Board may recommend
clemency to the President
clemency to the President,
including substitution of
a clemency discharge for a
punitive or undesirable
discharge
Clemency Board may condition
Clemency Board may condition
recommendation of clemency on
recommendation of clemency on
period of alternate service
period of alternate service
President may grant clemency
President may grant clemency,
including substitution of a
clemency discharge for a
punitive or undesirable
discharge