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Defense Department
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Charles E. Goodell Papers
Presidential Clemency Board Subject Files
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The original documents are located in Box 3, folder "Defense Department" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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 3 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library
Appendix 2
UNIFORM CODE OF MILITARY JUSTICE
FORD & LIBRARY
The Uniform Code of Military Justice was enacted as part of the act of 5 May 1950,1
which contained 16 additional sections. It was thereafter revised, codified, and enacted
into law as part of title 10, United States Code, by the act of 10 August 1956, and has
subsequently been further amended." This appendix sets forth the code as thus codified and
amended. The articles which have been amended between 10 August 1956 and 23 October
1968 are hereafter designated by an asterisk. The articles which have been amended by
the act of 24 October 1968' (Military Justice Act of 1968) are hereafter designated by
a double asterisk. See title 10, United States Code, for details regarding these amendments.
Other portions of title 10, including definitions, and other statutes, to which military
personnel should have ready access, are set forth in appendix 3.
Chapter 47. UNIFORM CODE OF MILITARY JUSTICE
Subchapter
Art.
I. General Provisions
1
II. Apprehension and Restraint
7
III. Nonjudicial Punishment
15
IV. Court-Martial Jurisdiction
16
V. Composition of Courts-Martial
22
VI. Pre-Trial Procedure
30
VII. Trial Procedure
36
VIII. Sentences
55
IX. Review of Courts-Martial
59
X. Punitive Articles
77
XI. Miscellaneous Provisions
135
Subchapter I. GENERAL PROVISIONS
Sec. Art.
801. 1 Definitions.
802. 2 Persons subject to this chapter.
803. 3 Jurisdiction to try certain personnel.
804. 4 Dismissed officer's right to trial by court-martial.
805. 5 Territorial applicability of this chapter.
806. 6 Judge advocates and legal officers.
§ 801. Art. 1. Definitions
In this chapter:
(1) "Judge Advocate General" means, severally, the Judge Advocates General of
the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service
in the Navy, the General Counsel of the Department of Transportation.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a
service in the Navy, shall be considered as one armed force.
(3) "Commanding officer" includes only commissioned officers.
(4) "Officer in charge" means a member of the Navy, the Marine Corps, or the Coast
Guard designated as such by appropriate authority.
(5) "Superior commissioned officer" means a commissioned officer superior in rank
or command.
1 64 Stat. 108 (1950).
2 See 10 U.S.C. $ 801-940.
a P.L. 90-632 (82 Stat. 1335).
A2-1
Art. 85, $ 885
APPENDIX 2
or prevent his apprehension, trial, or punishment shall be punished as a court-martial may
direct.
§ 879. Art. 79. Conviction of lesser included offense
An accused may be found guilty of an offense necessarily included in the offense
charged or of an attempt to commit either the offense charged or an offense necessarily
included therein.
§ 880. Art. 80. Attempts
(a) An act, done with specific intent to commit an offense under this chapter, amount-
ing to more than mere preparation and tending, even though failing, to effect its commis-
sion, is an attempt to commit that offense.
(b) Any person subject to this chapter who attempts to commit any offense punishable
by this chapter shall be punished as a court-martial may direct, unless otherwise specifically
prescribed.
(c) Any person subject to this chapter may be convicted of an attempt to commit an
offense although it appears on the trial that the offense was consummated.
§ 881. Art. 81. Conspiracy
Any person subject to this chapter who conspires with any other person to commit an
offense under this chapter shall, if one or more of the conspirators does an act to effect the
object of the conspiracy, be punished as a court-martial may direct.
§ 882. Art. 82. Solicitation
(a) Any person subject to this chapter who solicits or advises another or others to
desert in violation of section 885 of this title (article 85) or muting in violation of section
894 of this title (article 94) shall, if the offense solicited or advised is attempted or com-
mitted, be punished with the punishment provided for the commission of the offense, but,
if the offense solicited or advised is not committed or attempted, he shall be punished as a
court-martial may direct.
(b) Any person subject to this chapter who solicits or advises another or others to
commit an act of misbehavior before the enemy in violation of section 899 of this title
(article 99) or sedition in violation of section 894 of this title (article 94) shall, if the
offense solicited or advised is committed, be punished with the punishment provided for
the commission of the offense, but, if the offense solicited or advised is not committed, he
shall be punished as a court-martial may direct.
§ 883. Art. 83. Fraudulent enlistment, appointment, or separation
Any person who-
(1) procures his own enlistment or appointment in the armed forces by knowingly
false representation or deliberate concealment as to his qualifications for that enlist-
ment or appointment and receives pay or allowances thereunder; or
(2) procures his own separation from the armed forces by knowingly false repre-
sentation or deliberate concealment as to his eligibility for that separation;
shall be punished as a court-martial may direct.
§ 884. Art. 84. Unlawful enlistment, appointment, or separation
Any person subject to this chapter who effects an enlistment or appointment in or a
separation from the armed forces of any person who is known to him to be ineligible for
that enlistment, appointment, or separation because it is prohibited by law, regulation, or
order shall be punished as a court-martial may direct.
§ 885. Art. 85. Desertion
(a) Any member of the armed forces who-
(1) without authority goes or remains absent from his unit, organization, or place
of duty with intent to remain away therefrom permanently
(2) quits his unit, organization, or place of duty with intent to avoid hazardous duty
or to shirk important service or
(3) without being regularly separated from one of the armed forces enlists or
accepts an appointment in the same or another one of the armed forces without fully
disclosing the fact that he has not been regularly separated, or enters any foreign
armed service except when authorized by the United States;
is guilty of desertion.
A2-28
UNIFORM CODE
Art. 92, § 892
(b) Any commissioned officer of the armed forces who, after tender of his resignation
and before notice of its acceptance, quits his post or proper duties without leave and with
intent to remain away therefrom permanently is guilty of desertion.
(c) Any person found guilty of desertion or attempt to desert shall be punished, if the
offense is committed in time of war, by death or such other punishment as a court-martial
may direct, but if the desertion or attempt to desert occurs at any other time, by such
punishment, other than death, as a court-martial may direct.
§ 886. Art. 86. Absence without leave
Any member of the armed forces who, without authority-
(1) fails to go to his appointed place of duty at the time prescribed
(2) goes from that place; or
(3) absents himself or remains absent from his unit, organization, or place of duty
at which he is required to be at the time prescribed;
shall be punished as a court-martial may direct.
§ 887. Art. 87. Missing movement
Any person subject to this chapter who through neglect or design misses the movement
of a ship, aircraft, or unit with which he is required in the course of duty to move shall be
punished as a court-martial may direct.
§ 888. Art. 88. Contempt toward officials
Any commissioned officer who uses contemptuous words against the President, the Vice
President, Congress, the Secretary of Defense, the Secretary of a military department, the
Secretary of the Treasury, or the Governor or legislature of any State, Territory, Common-
wealth, or possession in which he is on duty or present shall be punished as a court-martial
may direct."
§ 889. Art. 89. Disrespect toward superior commissioned officer
Any person subject to this chapter who behaves with disrespect toward his superior
commissioned officer shall be punished as a court-martial may direct.
§ 890. Art. 90. Assaulting or willfully disobeying superior commissioned officer
Any person subject to this chapter who—
(1) strikes his superior commissioned officer or draws or lifts up any weapon or
offers any violence against him while he is in the execution of his office ; or
(2) willfully disobeys a lawful command of his superior commissioned officer
shall be punished, if the offense is committed in time of war, by death or such other punish-
ment as a court-martial may direct, and if the offense is committed at any other time, by
such punishment, other than death, as a court-martial may direct.
§ 891. Art. 91. Insubordinate conduct toward warrant officer, noncommissioned officer, or
petty officer
Any warrant officer or enlisted member who-
(1) strikes or assaults a warrant officer, noncommissioned officer, or petty officer,
while that officer is in the execution of his office
(2) willfully disobeys the lawful order of a warrant officer, noncommissioned officer,
or petty officer; or
(3) treats with contempt or is disrespectful in language or deportment toward a
warrant officer, noncommissioned officer, or petty officer while that officer is in the
execution of his office;
shall be punished as a court-martial may direct.
§ 892. Art. 92. Failure to obey order or regulation
Any person subject to this chapter who-
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by a member of the armed
forces, which it is his duty to obey, fails to obey the order or
(3) is derelict in the performance of his duties;
shall be punished as a court-martial may direct.
8 See note 4 supra.
A2-29
THE SECRETARY OF DEFENSE
FORD
WASHINGTON. D.C. 20301
RALD
SEP 17 1974
MEMORANDUM FOR The Secretaries of the Military Departments
SUBJECT: Implementation of Presidential Proclamation No. 4313
of September 16, 1974
For the purpose of implementing Presidential Proclamation No. 4313
of September 16, 1974, the following instructions are provided:
1. Return to Military Control
a. Military absentees seeking the benefits of the President's
program will be required to return to military control as
a condition of participation.
b. The Secretaries of the Military Departments will establish
and announce procedures whereby absentees may make
initial contact with military authorities by mail or telephone
to establish their eligibility for the program and obtain
reporting instructions.
2. Centralized Clemency Processing Center
a. The Secretary of the Army shall designate a centralized
Clemency Processing Center to be utilized by all Services.
The Army will provide facilities, medical, communica-
tions and logistic support for all Services on a reimbursable
basis.
b. Each Military Service will establish a Clemency Processing
Unit at the site designated by the Secretary of the Army
which will be responsible for the administrative processing
of its own returnees.
3. Returnee Processing
LALD FORD
a. An enlisted member who meets the eligibility criteria
established in the Proclamation (Enclosure 1) will be
provided the opportunity to request discharge for the
good of the service in accordance with the provisions
of DoD Directive 1332. 14 (Paragraphs VII. K. and VIII. D. 5).
The minimum requirements for the issuance of such a
discharge under this program will be in accordance with
DuD Directive 1332. 14, as follows:
(1) The member submits a resignation or a request for
a discharge for the good of the service;
(2) The member's prior conduct, which is the basis of
his eligibility for the program, renders him triable
by court-martial under circumstances which could
lead to a punitive discharge.
(3) No formal charges and specifications will be necessary,
but. the member must be advised that his prior conduct
is characterized as a willful and persistent unauthorized
absence;
(4) The member has been afforded an' opportunity to consult
counsel and certifies in writing his understanding that
he will receive a discharge under other-than-honorable
conditions and that he understands the adverse nature of
such a discharge and the possible consequences thereof.
The request for. discharge will specifically indicate that it
is submitted pursuant to the Presidential Proclamation. All
requests submitted by eligible members will be approved.
The separation will be under conditions other than honorable
unless otherwise directed. (See Paragraph V.A.5., DoD
Directive 1332. 14).
2
b. Officer and warrant officer personnel who meet the eligibility
criteria established in the Proclamation will be provided the
opportunity to tender a resignation in lieu of trial by court-
martial. The letter of resignation will indicate that it is
submitted pursuant to the Presidential Proclamation.
The minimum requirements for the acceptance of a resigna-
tion under this program will be as follows:
(1) The member's prior conduct, which is the basis of his
eligibility for the program, renders him triable by court,
martial under circumstances which could lead to a dis-
R.
FORD
missal;
GERALD
(2) No formal charges and specifications will be necessary,
but the member must be advised that his prior conduct
is characterized as a willful and persistent unauthorized
absence;
(3) The member has been afforded an opportunity to consult
counsel and certifies in writing his understanding that
he will be separated under other-than-honorable conditions
and that he understands the adverse nature of such a sepa-
ration and the possible consequences thereof.
All resignations meeting the foregoing requirements which are
submitted by eligible officers and warrant officers will be
approved. The separation will be under conditions other than
honorable unless otherwise directed by the Secretary concerned.
c. Members eligible for participation in this program who are
currently awaiting trial will be provided the opportunity to
request discharge or tender a resignation as appropriate.
Any such member who is in confinement will be released
therefrom.
3
d. Members returning to military control and who are eligible to
participate in the program will not be placed in confinement.
4. Former members punitively discharged pursuant to sentence
of a court-martial or separated with an undesirable discharge
Former members who:
- have been dismissed from the service or discharged with
a dishonorable or bad conduct discharge pursuant to the
sentence of a court-martial imposed upon conviction of
an absentee offense (10 U.S.C. SEP 885, 886, and 887) or
other purely military offense directly related thereto
committed during the qualifying period, or.
- were separated with an undesirable discharge based on an
act or acts committed during the qualifying period which
rendered the member subject to trial by court-martial
for an absentee offense (10 U.S.C. SIS 885, 886, and 887)
or other purely military offense directly related thereto
may apply to the Presidential Clemency Board prior to
31 January 1975 for an examination of their case. The Board
will be empowered to recommend to the President that a
Clemency Discharge be issued and to qualify such recommen-
dation with a requirement for alternate service in appropriate
cases. The Military Departments will not participate either
in this review process or in monitoring performance of alter-
nate service.
5. Members or former members serving a sentence to confinement
A member or a former member serving a sentence to confinement
based upon conviction of an absentee offense (10 U.S.C. $ 885,
886, and 887) committed during the qualifying period or other
purely military offense directly related thereto may apply to
the Presidential Clemency Board prior to 31 January 1975 for
an examination of his case. The Board will be empowered to
FORD
4
GERALD
recommend clemency in such cases. Where a member or
former member makes such an application, and where his
sentence to confinement is based solely on qualifying offenses,
his sentence to confinement should be suspended pending the
Board's review.
6. Alternate Service
a. The period of alternate service for military members who
apply under the President's program will be determined in
individual cases by the Secretary of the Military Department
concerned or his designee. The period will be indicated in
the agreement signed by the individual as a condition of
eligibility for the President's program. The period of alter-
nate service will normally be twenty-four (24) months, but
may be reduced in appropriate cases. Factors which will
be considered in determining the existence of an appropriate
case are as follows:
(1) length of satisfactory service completed prior to absence
(2) length of service in Southeast Asia in hostile fire zone
(3) awards and decorations received
(4) wounds incurred in combat
(5) nature of employment during the period of absence
(6) such additional guidelines as experience indicates
appropriate and which are promulgated by future
memorandums
b. Members separated under this program will be notified that
they must report to their State Director of Selective Service
within 15 days of the date of receipt of discharge to arrange
for performance of alternate service.
7: Members against whom other offenses are pending
Members who would otherwise be eligible for consideration under
the Proclamation, but against whom other offenses under the
FOND
5
Uniform Code of Military Justice are pending, will not be
eligible to participate in the foregoing programs until the
final disposition of such other offenses in accordance with
the law and Service regulations.
8. Members who fail to meet the eligibility criteria
Members who fail to meet the eligibility criteria or fail or
refuse to execute the required documents, or decline to
submit requests for discharge or letters of resignation, as
appropriate, remain subject to trial by court-martial or
administrative disposition in accordance with existing law
and regulation.
9. Records and accounting
a. Statistical records accounting will be accomplished in
accordance with the provisions of DoD Directive 5000. 12M,
Manual for Standard Data Elements, 1 March 1970, as
changed. The appropriate computer designators for Separa-
tion Type and the specific Separation Reason as noted below
will be entered on Service retained copies of DD Form 214.
The reason for separation shall be "Separation for the good
of the service by reason of a willful and persistent unauthor-
ized absence, pursuant to Presidential Proclamation No. 4313
abbreviation SEP-PRES PROC, data code NL. The copy
for Veterans Administration and the Selective Service System
will contain only the narrative type of separation and reason
for separation. All copies of the DD Form 214 will have
entered in the remarks section the following statement:
"Subject member has agreed to serve
months alternate
service pursuant to Presidential Proclamation No. 4313. "
Those military services which have not implemented Change 10
to DoD Directive 5000. 12M will establish appropriate documen-
tation and accounting procedures consistent with the respective
type of separation and the exact wording of the reason for
separation.
b. Military Departments will establish procedures to recognize
the alternate service by issuance of the Clemency Discharge
certificate DD Form 1953 (Enclosure 2) which is established
6
GERALD
by this memorandum pursuant to Presidential Proclamation No. 431
Such certificates will be issued only upon receipt of certifica-
tion of satisfactory completion of alternate service by the
Selective Service System. Procedures should also include
issuance of a DD Form 215, "Correction of DD Form 214,
Armed Forces of the United States Report of Transfer or
Discharge, " reflecting the reason for separation as stated
above and noting the issuance of the DD Form 1953 (Enclosure 2).
The DD Form 215 should be included in the master military
personnel record.
c. Service Secretaries will submit reports on a monthly basis
at the end of each calendar month to OASD(M&RA) (MPP) by
the 10th of the following month. Reports will include infor-
mation specified in Enclosure 3.
10. Public Affairs Guidance
Because of the overriding national interest in the President's
announcement on clemency procedures for draft evaders and
military deserters, the Assistant Secretary of Defense (Public
Affairs) is responsible for direction and coordination of all
public affairs activities concerning deserters, discharges and
clemency. Maximum information will be disseminated to the
public while at the same time giving due consideration of the
rights of the individual. The Clemency Processing Center
(CPC) will be manned by representatives of all the Military
Departments, and the CPC information chief will report
directly to the ASD(PA) for all public affairs matters.
Public affairs guidance, recommendations and accompanying
Service implementing instructions to all commands, will be
coordinated in advance with OASD(PA).
James R.
&
FORD
Enclosures
GERALD
7
Enclosure 1
Conditions of Eligibility Pursuant to Presidential Proclamation No. 4313
1. Unauthorized absence in violation of Article 85, 86, or 87,
or other purely military offense directly related thereto under the
Uniform Code of Military Justice, commenced during the period
August 4, 1964, through March 28, 1973.
2. Other pending offenses under the Uniform Code of Military
Justice have been finally disposed of in accordance with law.
3. The member reported to military authorities in a manner
prescribed by the Military Department concerned not later than
31 January 1975.
4. The member has executed a statement or statements reaffirming
his allegiance and pledging to perform a specified period of alternate
service.
Attached to this enclosure are form statements for use by the Military
Departments in securing the reaffirmation of allegiance, admission of
absence, and pledge to perform alternate service. These forms may
be modified or combined with other documents for ease of administration
provided the substantive content is retained.
FORD
GERALD
Attachment to Enclosure 1
PLEDGE TO COMPLETE ALTERNATE SERVICE
On or about
, I voluntarily absented myself from
my military unit without being properly authorized in contravention of
the oath taken upon entering the nation's military service. Recognizing
that my obligations as a citizen remain unfulfilled, I am ready to serve
in whatever alternate service my country may prescribe for me, and
pledge to faithfully complete a period of
months service.
REAFFIRMATION OF ALLEGIANCE
I,
,
do hereby solemnly reaffirm my
allegiance to the United States of America. I will support, protect and
defend the Constitution of the United States against all enemies, foreign
and domestic; and will hereafter bear true faith and allegiance to the
same.
I take this obligation freely without any mental reservation or
&
FORD
purpose of evasion.
DERALD
Enclosure 2
CLEMENCY DISCHARGE
FROM THE ARMED FORCES OF THE
UNITED STATES OF AMERICA
THIS IS TO CERTIFY THAT
WAS DISCHARGED FROM THE
UNITED STATES
ON THE
DAY OF
THIS CERTIFICATE IS ISSUED ON THE
DAY OF
IN RECOGNITION OF SATISFACTORY COMPLETION OF ALTERNATE
SERVICE PURSUANT TO PRESIDENTIAL PROCLAMATION NO. 4313
SEPTEMBER
, 1974.
R. FORD
BLRALD
DD
FORM
OCT 74
1953
Enclosure 3
REPORTING REQUIREMENTS
(
I. Number of applicants for President's Program
A. Number accepted and processed
1. type of separation (Manual for Standard Data Elements)
2. character of discharge
3. length of alternate service
a. None
b. 6-12
c. 13-18
d. 19-24
4. race/ethnic group (Manual for Standard Data Elements)
5. date of absence by year.
B. Number pending
C. Number not accepted
1. Reason not accepted
a. Offense not within period
b. Other offenses pending
C. Failed to execute required statements
d. Other
2. Disposition
RALD
a. Referred to trial by court-martial (GCM, SPCM, Summary)
b. Administrative separation
c. Article 15
d. Reprimand
e. No action/returned to duty
f. Other
D. Number processed in medical channels
II. Number of absentees from the period 4 August 1964 to 28 March 1973
who return to military control but do not apply for President's Program.
GERALD *: R. FORD