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Miscellaneous
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1506015
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Miscellaneous
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Charles E. Goodell Papers
Presidential Clemency Board Subject Files
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Amnesty
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The original documents are located in Box 8, folder "Miscellaneous" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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 8 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library
CASES WITH QUESTIONABLE BASELINES
#
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16 to 14
3 to ?
PRESIDENTIAL CLEMENCY BOARD
CASE SUMMARY
no Ag or M
PCB Attorney: Dancheck
Case No. 74-549-JDA-C
Telephone: (202) 456-2110
Branch of Service: N/A
Summary Completed: 12 Feb 75
Age: 22
Current Sentence: Youth Corrections Act
Present Status: Probationer per-
Two years imprisonment suspended on
forming alternate service
probation for 5 yrs. and $500 fine
Date of Application: 1 Nov 74
Court: U.S.D.C., W.D. North Carolina
(Charlotte Division)
Total Time Served: None
Discharge Status: N/A
Offense: Failure to submit to induction
Total Creditable Service: N/A
GERALD R. FORD LIDRA
Background:
Applicant is Caucasian, born in Detroit and reared in North Carolina.
He is the third born in a family of four brothers and one sister. The
family is middle-class, stable, intact and highly regarded in its com-
munity. Applicant maintains a close relationship with his parents. He
graduated from high school and attended college for one and one-half
years before withdrawing. Applicant states that he withdrew from college
because of the apparent purposelessness of the academic regimen. He
maintained a 3.0 average on a scale of 0 to 4. Applicant married on
7 Apr 73. 4s of the writing of the pre-sentence report there were no
children. Applicant was employed as a carpenter until his probation.
He is a recent convert to the Church of Latter-Day Saints. Applicant
is asthmatic. He intends to return to college. He has been performing
alternate service, a condition of his probation, at a state mental hospi-
tal. The duration of the alternate service condition of probation (full-
time employment) is three years. The United States Attorney will inter-
pose no objection to reduction of this requirement to two years.
Circumstances of Offense:
Applicant states in a 14 Oct 74 letter to the PCB that:
On December 6, 1972, I reported as ordered, for
induction, to the Charlotte AFEES. Upon admini-
stration of the oath of induction, I did not step
forward to signify my compliance with the oath.
2
Case No. 74-549-JDA-C
On or about November 5, 1972, I was at the
Charlotte AFEES for enlistment processing, but
I was refused enlistment because I did not re-
tract a claim of having asthma, which I had
made during my pre-induction physical. My
desire in enlisting was partially prompted by
the six month delayed entry plan it offered.
In a 1 Nov 1974 letter to the Board, applicant states:
My ideological thinking at the time of my
offense was still very confused, and I felt
that no country could demand warring services
of me, especially services demanded by the
Vietnam type approach to foreign policy.
I know that I should observe and honor the
laws and orders of our nation, as long as our
Constitution stands.
*****
A month prior to my induction date I had been
rejected as an enlistee into the Army because
of an asthma claim I had made during my pre-
induction physical. To be cleared for enlist-
ment I had to have medical proof that I was
not asthmatic which was impossible, as I even
today occasionally have mild attacks of asthma.
After arrest applicant sought enlistment but was denied entry because
of his entanglement with the federal criminal system. After convic-
tion, the trial judge announced that he would annul the conviction if
applicant would enlist. Applicant recalls his attempted enlistment
dilemma:
The recruiting officer told me that I had to be
cleared first, then enlist. The judge and re-
cruiter met, could not meet terms, and I was
left to be put in the situation in which I am
now in.
3
Case No. 74-549-JDA-C
Vietnam Service: N/A
Chronology:
5 Jun 52
Date of birth
Jun 69
Graduated from high school
Aug 70
Began college
Dec 71
Withdrew from college
5 Nov 72
Sought enlistment
6 Dec 72
Induction refusal
Sep 72 - Jan 73
Employment as carpenter
Jan 73 - Jun 73
Employment as carpenter on
apartment construction
7 Apr 73
Married
Jun 73
Employment as carpenter with
contractor
17 Oct 73
Arrested
4 Feb 74
Pleaded guilty
6 May 74
Judgment and sentence
6 Jun 74
Began alternate service
1 Nov 74
PCB application
6 May 79
Probation terminates
Awards and Decorations: N/A
on
Prior Criminal Convictions: None
Sentence History:
6 May 74 - Sentenced. Probation for 5 yrs., $500 fine.
Special Conditions: Perform alternate service
at non-profit hospital or institution for 3 yrs.,
pay fine, and not violate United States or North
Carolina laws.
6 May - 6 Jun 74 - Negotiations to effect enlistment unsuccessful
6 Jun 74 - Began alternate service
10 Jan 75 - Letter from United States Attorney. No objection to
reduction of probation and alternate service period to
2 yrs,
Sources: PCB application; letters from applicant (1 Nov 74 and 14 Oct 74);
letter from U.S. Attorney (10 Jan 75); Pre-sentence Report
12 to 9
3 to ?
PRESIDENTIAL CLEMENCY BOARD
CASE SUMMARY
M9,10 10
PCB Attorney: Dancheck
Case No. 74-551-KLJ-C
Telephone: (202) 456-2110
Branch of Service: N/A
Summary Completed: 25 Feb 75
Age: 28
Current Sentence: 3 yrs. probation,
Present Status: Probationer per-
$500 fine, special
forming alternative service
condition: 2 yrs.
Date of Application: 31 Oct 74
alternative service
Court: U.S.D.C., D. Colorado
Total Time Served: None
Discharge Status: N/A
Offense: Refusal to submit to induction
Total Creditable Service: N/A
Background:
Applicant is Caucasian, the third born in a middle class, intact family of
four children in Michigan. Applicant has always maintained a close relation-
ship with his parents. Before retirement the father had been an auditor for
the federal government. Applicant had a normal childhood and adolescence.
He is a high school and college graduate with a B.S. degree in sociology.
He entered law school, completed less than one semester but had to withdraw
after he was indicted for the Selective Service violation. He is described
as being of "bright average" intelligence. Available documents disclose no
mental or physical impairment. Applicant married in 1973. As of the writ-
ing of the presentence report, applicant had no children. Applicant has
had a variety of employment, both part time during school and full time
thereafter. His records reflect work as a stockboy, auto assembler,
assistant drug store manager and parking lot claims manager. Applicant
is now an assistant manager of a drug store. Applicant grounds his draft
resistance on obedience to his religious and moral convictions. He is
opposed to all war as a means of conflict solving.
Circumstances of Offense:
Applicant registered for the draft on or near his 18th birthday. On or
about Nov 68 he applied for and was subsequently granted 1-A-0 status (Non-
combatant Status). He sought his status as an accommodation to avoid a
dispute with his local board. He maintains that his local board would not
grant 1-0 status to Roman Catholics, a group that the local board did not
accept as traditionally pacifist. After accepting 1-A-0 status, applicant
Case No. 74-551-KLJ-C
had misgivings because he had compromised his beliefs. Applicant states
he began mentally preparing his case for a change in his status but his
induction notice prevented a filing. Applicant concedes that the local
board did halt the induction process and heard and rejected his petition
for reclassification. He contends though that he was inducted before he
could lodge an appeal from the local board decision. Applicant was
ordered to report for induction into the Armed Forces on 13 May 70. He
reported as ordered but refused to submit to induction. On 20 Jul 73,
applicant was arraigned on a one-count indictment. Applicant did not
enter a plea but stood mute. Applicant waived trial by jury. Trial
was held on 15 Dec 73. Applicant's motion for acquittal was denied. On
12 Sep 73 the district judge filed an opinion and order finding applicant
guilty. Sentence was announced on 16 Jan 74. Applicant has been ful-
filling his alternative service condition of probation since Jan 74 by part-
time volunteer work with an inner city social service organi ation similar
to "Big Brothers." This program seeks to provide father surrogates for
disturbed and delinquent minority youth. According to the probation
officer, applicant devotes 15 hours a week on the program. Applicant
states he enjoys this work and will continue in this program regardless
of any action taken by the Clemency Board.
Vietnam Service: N/A
Chronology:
31 Mar 46
Date of birth
Jun 64
Graduated from high school
Nov 68
Classified 1-A-0
Mar 69
Graduated from college
13 May 70
Order for induction
13 Oct 73
Married
20 Jul 73
Arraigned
15 Dec 73
Trial
12 Sep 73
Judgment of guilty
16 Jan 74
Sentence pronounced
31 Oct 74
PCB application
16 Jan 77
Probation expires
Awards and Decorations: N/A
Prior Criminal Convictions: None
2
Case No. 74-551-KLJ-C
Sentence History: N/A
Sources:
PCB application with letter
Presentence Report
Note: Selective Service Records destroyed
24 to 6
PRESIDENTIAL CLEMENCY POARD
Case Summary
3 to
M 4, 9
PCB Attorney: Knudson
Case No: 74-737-CJC-C
Telephone No: (202) 456-2111
Age: 28
Summary Completed: 11 Feb 75
Present Status: On probation
Sentence: $3,000 fine, 5 yrs, probation
Date of Application: 20 Nov 74
Court: E.D. Calif.
Time Served: None
Offense: Failure to possess registration
card
Background:
Applicant, a Caucasian, was born on 10 May 46 in Hanford, California. He is
the third of five children in a family of good reputation. He graduated from
high school in Hanford on 4 June 64. From September 1964 to June 1966 he
attended the College of Sequoias in Visalia, California, and after two addi-
tional years at Fresno State College he received a B.A. degree on 7 June 68.
He was an above-average student. He has been active in church work since
eleven years of age and at one time considered being a minister. Applicant
states his church has been a strong influence on his life and that he objects
to the use of force and violence. He considers himself a conscientions
objector. He registered for the draft on 13 October 64. Selective Service
records indicate that he WAD classified II-S until 2 December 68, when in
vas classified I-A. On January 69 he requested a SS form to be used to apply
for C.O. status, this form was intended to replace the misplaced form which
he had requested on 27 November 68. On 22 January 69 he filed his applica-
tion for O. status. On 17 February 69 he submitted to a pre-induction
physical. Applicant is married and has one child, is in good health, is
employed on a part-time basis earning $340.00 per month, is & student, and
has no other criminal record. Applicant is willing to do alternative service.
Circumstances of the Offense:
On 3 March 69 he made a personal appearance before the SS Board, the purpose
of which was to discuss his status and his request for C.O. classification.
While at the SS office he requested a duplicate registration card but refused
to sign the form required for its issuance. Therefore, a card was not issued.
The SS form indicates that the card had been lost, but other SS records and
the applicant's letter to the PCB state that the card had been left at home or
was otherwise intentionally not on his person. His refusal to sign the form
was discussed during the appearance before the SS Board. At the meeting he
said he did not sign the form because he felt he would be contributing toward
2
the war and further stated that "If I decide not to carry the card, I want
you to understand why
This says I have registered with a death in-
sitution. Subsequently, the SS Board denied his application. Pursuant
to his request of 26 March 69 he met again with the SS Board on 5 May 69, and
again requested C.O. standing. By letter dated 4 June 69 lie appealed the SS
Board's decision to again reject his C.O. request. By letter of 18 June 69 he
was advised by the SS Board that it vds of the opinion that the facts presented,
supporting the appeal, did not warrant the recoponing or reclassification of his
case. He was further advised that his file was being forwarded to the Appeals
Board. (Appeal was forwarded on 19 May 69) On 22 October 69 the Appeals Board
decided to sustain the 1-A classification as determined by the Local SS Board.
On 8 December 69 he reported for, but refused to submit to induction. When he
refused to step forward, he signed a statement contending that he was a C.O.
On 25 June 70 he was indicted on two counts: (1) Failure to have registration,
and (2) failure to submit to induction. On 17 July 70 he went to the SS office
and signed a form requesting a duplicate registration card; upon doing so the
card was issued. On 17 August 70, he entered a plea of not guilty to the two-
count indictment and trial was sent for 23 February 71. On 17 June 71 applic-
ant entered a plea of guilty to the count of failing to have his registration
card. The count relating to his failure to subsit vas dismissed, SS records
do not disclose the reason. Applicant's correspondence indicates that the
count was dismissed when it was discovered that the applicant had been drafted
out of order. On July 71, judgment was entered which provided for 5 years
probation on condition of payment of a $3,000 fine at the rate of $50.00 por
month. Applicant acknowledges that his failure to sign the form and secure a
duplicate cord was an unlawful act; however, he states, his unwillingness to
sign the SS form was based on his conviction as a C.O. By 31 December 74
applicant had paid $2,000.00 approximately of his fine.
After sentencing, applicant went to Germany where he "worked in a ghetto
youth center" and his wife attended school. Three years later, in August
1974, they returned to California. At present, applicant is enrolled in a
program of city and regional planning, and, in addition, works part-time as
a draftsman.
Chronology:
10 May 46
Date of birth
7 Jun 68
College graduate
27 Nov 68
Request for SS 150 for C.O.
2 Dec 68
Classified I-A
2 Jan 69
Requested Form 150 (c.o.) to replace
misplaced form mailed to him on 27 Nov 68
13 Jan 69
Notified to appear on 17 Feb 69 for
physical
22 Jan 69
Filed application for C.O.
17 Feb 69
Date to report for physical
3 Mar 69
Personal appearance with SS Board re:
classification - requesting new re-
gistration card; refused to sign SS form
3
5 May 69
Classified (I-A) after personal
appearance
5 May 69
Requested C.O. status
4 Jun 69
Letter of appeal
18 Jun 69
Board met. to review facts supporting
appeal and decided facts did not
unreant re-opening
13 Scp 69
Harried
22 Oct 69
Appeal for C.O. denied
8 Dec 69
Reported for induction but failed
and refused to submit
25 Jun 70
Indicted - 2 counts - failure to
have card in possession and failure
to submit to induction
17 Jul 70
Signed SS Form 6, Request for
Duplicate Registration, was issued
to him
17 Aug 70
Plea not guilty
17 Jun 71
Plea of guilty
12 Jul 71
Judgement
Sources: SS records, Pre-sentence reports, letters from applicant
BERALD R. FORD
-
24 & 24
PRESIDENTIAL CLEMENCY BOARD
3
to
-
CASE SUMMARY
Dg. 5 Mit 11
PCB Attorney: Knudson
Case No. 74-780-2WH-C
Telephone No.: (202) 456-2111
Age: 28
Summary Completed: 13 Feb 75
Present Status: Probation discharged
Current Sentence: Probation (5 Years)
(in Peace Corps)
Court: D.C., New Jersey
Date of Application: 17 Dec 74
Total Time Served: None
Offense: Failure to report for
induction
Background:
Applicant, a white male, was born in New Jersey on 14 May 46. He is the
youngest of four children and has a B.S. Degree which he earned in 1970.
Applicant is in good health, has no prior record, and expresses no interest
in religion. On 15 June 70, applicant enrolled in OTS and was assigned to
Lackland AFB, San Antonio, Texas. By letter dated 13 July 70 he requested
that he be disenrolled from OTS. He was disenrolled on 16 July 70 and was
awarded an Honorable Discharge on 23 July 70. The applicant states that he
resigned because he was disillusioned with the military and that he could
not, directly or indirectly, kill another human nor could he participate with
an organization that does. Applicant states that he was not a C.O., but that
e objected to the Vietnam war. Subsequent to his resignation from the
.S. Air Force he was reclassified I-A by his draft board.
Circumstances of Offense:
Applicant states that he moved to Canada in March 1971. By orders dated
18 Oct 71 he was instructed to report for induction 18 Nov 71. He failed to
appear. In 1973 he voluntarily returned to the United States and gave himself
up as a Selective Service Violator. Efforts were made to help the applicant re--
enter the Service, as the U.S. Attorney had agreed to drop the charges if he
were accepted by the military. The presentence report indicates that the
applicant's efforts to join the USAF and the U.S. Army were futile. On 19 July
1973, applicant entered a plea of guilty for failure to report for induction
and was released on his own recognizance. On 23 May 74, he was sentenced to
5 years probation with supervision. On 9 Sept 74, his probation was discharged
in order that he enter the Peace Corps, of which he is now a member.
2
Case No : 74-780-ZWII-C
Chronology:
14 May 46
Date of birth
70
Graduated from college
15 Jun 70
Enrolled in OTS
16 Jul 70
Disenrolled from OTS
23 Jul 70
Honorable Discharge USAF
18 Mar 71 8 Dec 72
Lived in Canada
18 Nov 71
Failed to report for induction
1 Jan 73 - 5 May 73
Lived in Paris, France and Canada
19 Jul 73
Plea of guilty
23 May 74
Sentenced
9 Sep 74
Probation discharged (entered
Peace Corps)
Sentence History:
19 July 73 - Pled guilty to failure to report for induction.
23 May 74 - Placed on five years supervised probation with condition to
complete two years work of national importance. The probation was
discharged on 9 Sept 74, when he entered the Peace Corps.
purces:
Presentence report, military records
FORD i GERALD LIBRAR
to
PREPARED FOR:
HONORABLE CHARLES E. GOODELL
CHAIRMAN
PRESIDENTIAL CLEMENCY BOARD MEETING
OCTOBER 23-24, 1974
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PRESIDENT'S CLEMENCY PROGRAM
GERÄLD FORD
SEPARATION POLICY
1. Appendix 2 (Separation Policy) to Annex C (Personnel) to letter
DAPE-HR, HQDA, 18 September 1974, subject: LOI-Implementation of
Presidential Proclamation No. 4313, directed that the Commander,
Fort Benjamin Harrison, forward recommendations for other than
Undesirable Discharges under the President's Clemency Program to
Department of the Army for final action.
2. When the LOI was promulgated, there was no way to predict the
workload related to other than Undesirable Discharges or the prime
conditions meriting such alternate types of discharges. During
the first 45 days of the Clemency Program, it became apparent,
however, that for the duration of the Program, final determination
for other than Undesirable Discharges could better be made at Fort
Harrison for the following reasons:
a. The individual concerned was present for interview.
b. Individual records were located at the USA Enlisted
Records Center, Fort Benjamin Harrison.
C. Medical and legal implications could be reviewed
locally and in concert with the individual absentee.
d. The DOD Joint Alternate Service Board could offer
first hand recommendations to the Commander, ADMINCEN, in those
cases which merited special attention.
e. Delegation of authority to Commander, ADMINCEN, to
award other than Undesirable Discharges to absentees under the
Clemency Program would expedite decisions and insure uniformity
and consistency in processing.
3. Based on the rationale in paragraph 2 above, request was made
on 30 October 1974 and authority granted on 21 November 1974 for
Commander, ADMINCEN, to issue other than Undesirable Discharges
under the Clemency Program. Under this authority, 46 discharges
under the Clemency Program were issued between 16 September 1974
and 31 March 1975. Character of discharge and reasons for each
determination are summarized below; absentees' names have been
omitted to protect the personal privacy of the individuals con-
cerned:
14
CHARACTER OF
DISCHARGE
REASON(S)*
CHARA
Under age when enlisted in Army; applied for
DISC
Honorable
minority discharge but went AWOL although
Gen
discharge had apparently been approved.
Honorable
No supportable evidence; also served in RVN
and awarded CIB, VSM, GCMDL.
Gene
Honorable
Under age when enlisted; minority discharge.
Honorable
Applied for a Hardship Discharge but went
Gene
AWOL although it had been approved.
Honorable
Meritorious service; 7 yrs total SVC, served
in RVN as Door Gunner and awarded AM, ACB, CIB,
Gene
GCMDL, VSM, total of 4 1/2 years in RVN.
Gene
General
Meritorious service; 4 years total SVC, served
in RVN and awarded ARCOM, PH, VSM.
General
Should not have been inducted because of a
psychiatric problem.
Gene
General
Meritorious service; 7 years total SVC, served
in RVN 2 years and awarded BSM w/V, ARCOM w/10LC,
Gene
AM, GCMDL, CIB, VSM, VCM.
General
Absentee's brother killed in RVN, other brother
Gene
killed in car accident. Absentee was not in-
formed that he would have to waiver sole sur-
Gene
viving son restriction and went AWOL. Had 5
years, 5 months active Federal service.
Gene
General
Admin failure; served well beyond ETS because
medical and admin tie-ups. Had 9 years service
w/76 months in Germany and 11 months in Korea.
Gene:
General
No supportable evidence.
Cene
General
Meritorious service; 3 years total SVC, served
in RVN and awarded BSM w/10LC, ARCOM, AM, RVN
Cross of Gal.
Cene
General
Meritorious service and medical reasons; 2 yrs
Gener
total service, served in RVN and awarded PH, VSM.
General
Erroneous induction (mentally retardate).
Cener
15
CHARACTER OF
DISCHARGE
REASON (S)
General
Medical problem (enuresis) was ignored and he
was inducted although unsuitable for military
service.
General
No supportable evidence and admin failure; indi-
vidual was given written orders to go home and
await a port call.
General
Meritorious service; 2 years total service,
served 1 1/2 years in RVN and awarded ARCOM,
VSM, VCM.
General
Erroneous induction/combat service and wounds.
General
Meritorious service; 2 yrs total service, served
in RVN and awarded PH, VSM, VCM. Claimed he was
told to go home and await for orders which were
never forwarded.
General
No supportable evidence. Told to go home and
await orders which were never forwarded.
General
No supportable evidence. Told to go home and
await orders which were never forwarded.
General
No supportable evidence.
General
Hardship discharge was approved but individual
not informed and went AWOL eight days later.
General
Meritorious service; 17 years total service,
served in RVN and awarded BSM w/V, CMB, VSM, VCM.
General
Should have been previously discharged for medi-
cal and/or psychiatric reasons (unsuitable).
General
Erroneous induction; not medically qualified
for military service.
General
Held beyond ETS due to administrative failure.
General
No supportable evidence. Also was awarded BSM
w/V, PH, ARCOM.
General
Held beyond ETS for medical reasons (wounded
in RVN).
16
CHARACTER OF
DISCHARGE
REASON
CHA
General
No supportable evidence.
DI
General
Erroneous induction; should not have been
Und
inducted due to extreme family hardship.
General
Past administrative failure; told to go home
and await orders which were never forwarded.
General
Past administrative failure; told to go home
and await orders which were never forwarded.
required
86,
General
Meritorious service; 5 years total service,
served in RVN and awarded BSM w/V, ARCOM w/V,
CIB. Also told to go home and await orders
awar
which were never forwarded.
File
envi
General
Meritorious service; 7 years total service,
served in RVN and awarded SS, AM, ARCOM, CMB,
GCMDL.
admi
cont
General
Meritorious service; 1 year total service,
inst
served in RVN and awarded PH. Also told to go
in c
home and await orders which were never forwarded.
Stat
General
Meritorious service; 1 year total service,
Addi
served in RVN and awarded SS, BSM, CIB, VSM.
by H
bring
General
No supportable evidence; told to go home and
Discl
await orders which were never forwarded.
General
Meritorious service; 2 years total service,
served in RVN and awarded SS, ARCOM w/10LC,
GCMDL, 6 0/S Bars.
General
Meritorious service; 12 years total service,
served in RVN and awarded ARCOM, VCM, GCMDL,
4 0/S Bars.
General
Hardship/dependency discharge erroneously denied/
had 1 year total service, served in RVN and
awarded CIB, PH, VCM.
General
Meritorious service/past admin failure. Served
in RVN and awarded PH, CIB.
Admin Separation
Erroneous induction (minority discharge).
17
CHARACTER OF
DISCHARGE
REASON (S)
Undesirable
Given U/D in best interest of govt because she
had a legal defense to AWOL in that she was
under military control during a portion of the
AWOL period.
*a. "No supportable evidence" indicates a lack of
required legal documentation to prove violation of Articles 85,
86, 87, and related offenses under UCMJ.
b. "Meritorious service" designated as reason for
award of discharge when the absentee's Official Military Personnel
1
Files substantiated overall outstanding performance in a combat
environment.
C. "Administrative failure" denotes cases in which
administrative errors of omission or commission significantly
contributed to absentee's reason for unauthorized absence, or
instances in which military authorities clearly failed to act
in consonance with applicable service regulations or United
States Statutes.
Additionally, one Marine absentee was awarded a General Discharge
by Headquarters, Marine Corps due to a medical/physical disability
bringing the total of absentees awarded other than Undesirable
Discharges under the Clemency Program to 47 individuals.
18
The following is extracted from LOI for information only:
APPENDIX 2 (Separation Policy) to Annex C (Personnel)
1
SEPARATION POLICY
H
*
L
*
*
*
*
*
*
t
H.
2. Officer Personnel
A
t.
a. Upon completion of required processing and statements, all
eligible commissioned and warrant officers resignations in lieu
2
of court-martial will be accepted. They are to be furnished a
t
Discharge Certificate (Under other Than Honorable Conditions),
3
DD Form 794A.
0
0
b. In the preparation of separation orders, the standard order
m
format (TC 350 for Regular Army Officers; TC 351 for Reserve Offi-
B
cers) will be followed. The "Authority" lead line will include
a
Presidential Proclamation No 4314 and Sec Def Memo Subject: Imple-
mentation of Presidential Proclamation No. 4314, 16 September 1974. "
Authority lead will also include "By Direction of the President"
for officers and "By Direction of the Secretary of the Army" for
Warrant Officers.
c. Preparation of DD Form 214 will be accomplished as
described in
(same as for enlisted personnel).
"
d
H
P
19
FORD & LIBRARY GERALD
PRESIDENT'S CLEMENCY PROGRAM
SEPARATION POLICY
1. Appendix 2 (Separation Policy) to Annex C (Personnel) to letter
DAPE-HR, HQDA, 18 September 1974, subject: LOI-Implementation of
Presidential Proclamation No. 4313, directed that the Commander,
Fort Benjamin Harrison, forward recommendations for other than
Undesirable Discharges under the President's Clemency Program to
Department of the Army for final action.
2. When the LOI was promulgated, there was no way to predict the
workload related to other than Undesirable Discharges or the prime
conditions meriting such alternate types of discharges. During
the first 45 days of the Clemency Program, it became apparent,
however, that for the duration of the Program, final determination
for other than Undesirable Discharges could better be made at Fort
Harrison for the following reasons:
a. The individual concerned was present for interview.
b. Individual records were located at the USA Enlisted
Records Center, Fort Benjamin Harrison.
C. Medical and legal implications could be reviewed
locally and in concert with the individual absentee.
d. The DOD Joint Alternate Service Board could offer
first hand recommendations to the Commander, ADMINCEN, in those
cases which merited special attention.
e. Delegation of authority to Commander, ADMINCEN, to
award other than Undesirable Discharges to absentees under the
Clemency Program would expedite decisions and insure uniformity
and consistency in processing.
3. Based on the rationale in paragraph 2 above, request was made
on 30 October 1974 and authority granted on 21 November 1974 for
Commander, ADMINCEN, to issue other than Undesirable Discharges
under the Clemency Program. Under this authori ty, 46 discharges
under the Clemency Program were issued between 16 September 1974
and 31 March 1975. Character of discharge and reasons for each
determination are summarized below; absentees' names have been
omitted to protect the personal privacy of the individuals con-
cerned:
14
CHARACTER OF
DISCHARGE
REASON(S)*
CHARA
Under age when enlisted in Army; applied for
DISC
Honorable
minority discharge but went AWOL although
Gen
discharge had apparently been approved.
Honorable
No supportable evidence; also served in RVN
and awarded CIB, VSM, GCMDL.
Gen
Honorable
Under age when enlisted; minority discharge.
Honorable
Applied for a Hardship Discharge but went
Gene
AWOL although it had been approved.
Honorable
Meritorious service; 7 yrs total SVC, served
in RVN as Door Gunner and awarded AM, ACB, CIB,
Gene
GCMDL, VSM, total of 4 1/2 years in RVN.
Gene
General
Meritorious service; 4 years total svc, served
in RVN and awarded ARCOM, PH, VSM.
General
Should not have been inducted because of a
psychiatric problem.
Gene
General
Meritorious service; 7 years total SVC, served
in RVN 2 years and awarded BSM w/V, ARCOM w/10LC,
Gene
AM, GCMDL, CIB, VSM, VCM.
General
Absentee's brother killed in RVN, other brother
Gene
killed in car accident. Absentee was not in-
formed that he would have to waiver sole sur-
Gene
viving son restriction and went AWOL. Had 5
years, 5 months active Federal service.
Gene
General
Admin failure; served well beyond ETS because
medical and admin tie-ups. Had 9 years service
w/76 months in Germany and 11 months in Korea.
Gene
General
No supportable evidence.
Gene
General
Meritorious service; 3 years total SVC, served
in RVN and awarded BSM w/10LC, ARCOM, AM, RVN
Cross of Gal.
Gene
General
Meritorious service and medical reasons; 2 yrs
Gene
total service, served in RVN and awarded PH, VSM.
General
Erroneous induction (mentally retardate).
Gene
15
CHARACTER OF
DISCHARGE
REASON (S)
General
Medical problem (enuresis) was ignored and he
was inducted although unsuitable for military
service.
General
No supportable evidence and admin failure; indi-
vidual was given written orders to go home and
await a port call.
General
Meritorious service; 2 years total service,
served 1 1/2 years in RVN and awarded ARCOM,
VSM, VCM.
General
Erroneous induction/combat service and wounds.
General
Meritorious service; 2 yrs total service, served
in RVN and awarded PH, VSM, VCM. Claimed he was
told to go home and await for orders which were
never forwarded.
General
No supportable evidence. Told to go home and
await orders which were never forwarded.
General
No supportable evidence. Told to go home and
await orders which were never forwarded.
General
No supportable evidence.
General
Hardship discharge was approved but individual
not informed and went AWOL eight days later.
General
Meritorious service; 17 years total service,
served in RVN and awarded BSM w/V, CMB, VSM, VCM.
General
Should have been previously discharged for medi-
cal and/or psychiatric reasons (unsuitable).
General
Erroneous induction; not medically qualified
for military service.
General
Held beyond ETS due to administrative failure.
General
No supportable evidence. Also was awarded BSM
w/V, PH, ARCOM.
General
Held beyond ETS for medical reasons (wounded
in RVN).
16
CHARACTER OF
DISCHARGE
REASON (S)
CHA
General
No supportable evidence.
DI
General
Erroneous induction; should not have been
Und
inducted due to extreme family hardship.
General
Past administrative failure; told to go home
and await orders which were never forwarded.
General
Past administrative failure; told to go home
and await orders which were never forwarded.
requ
86,
General
Meritorious service; 5 years total service,
served in RVN and awarded BSM w/V, ARCOM w/V,
CIB. Also told to go home and await orders
awai
which were never forwarded.
File
envi
General
Meritorious service; 7 years total service,
served in RVN and awarded SS, AM, ARCOM, CMB,
GCMDL.
admi
cont
General
Meritorious service; 1 year total service,
inst
served in RVN and awarded PH. Also told to go
in C
home and await orders which were never forwarded.
Stat
General
Meritorious service; 1 year total service,
Addi
served in RVN and awarded SS, BSM, CIB, VSM.
by H
brin
General
No supportable evidence; told to go home and
Disc
await orders which were never forwarded.
General
Meritorious service; 2 years total service,
served in RVN and awarded SS, ARCOM w/10LC,
GCMDL, 6 0/S Bars.
General
Meritorious service; 12 years total service,
served in RVN and awarded ARCOM, VCM, GCMDL,
4 0/S Bars.
General
Hardship/dependency discharge erroneously denied/
had 1 year total service, served in RVN and
awarded CIB, PH, VCM.
General
Meritorious service/past admin failure. Served
in RVN and awarded PH, CIB.
Admin Separation
Erroneous induction (minority discharge).
17
CHARACTER OF
DISCHARGE
REASON (S)
Undesirable
Given U/D in best interest of govt because she
had a legal defense to AWOL in that she was
under military control during a portion of the
AWOL period.
*a. "No supportable evidence" indicates a lack of
required legal documentation to prove violation of Articles 85,
86, 87, and related offenses under UCMJ.
b. "Meritorious service" designated as reason for
award of discharge when the absentee's Official Military Personnel
1
Files substantiated overall outstanding performance in a combat
environment.
C. "Administrative failure" denotes cases in which
administrative errors of omission or commission significantly
contributed to absentee's reason for unauthorized absence, or
instances in which military authorities clearly failed to act
in consonance with applicable service regulations or United
States Statutes.
Additionally, one Marine absentee was awarded a General Discharge
by Headquarters, Marine Corps due to a medical/physical disability
bringing the total of absentees awarded other than Undesirable
Discharges under the Clemency Program to 47 individuals.
18
The following is extracted from LOI for information only:
APPENDIX 2 (Separation Policy) to Annex C (Personnel)
1.
SEPARATION POLICY
Hei
LO
*
*
*
*
*
*
*
ti,
Ha
2. Officer Personnel
Ar:
th
a. Upon completion of required processing and statements, all
eligible commissioned and warrant officers resignations in lieu
2.
of court-martial will be accepted. They are to be furnished a
to
Discharge Certificate (Under other Than Honorable Conditions),
we
DD Form 794A.
of
of
b. In the preparation of separation orders, the standard order
ma
format (TC 350 for Regular Army Officers; TC 351 for Reserve Offi-
Bo
cers) will be followed. The "Authority" lead line will include
ap
Presidential Proclamation No 4314 and Sec Def Memo Subject: Imple-
mentation of Presidential Proclamation No. 4314, 16 September 1974."
Authority lead will also include "By Direction of the President"
for officers and "By Direction of the Secretary of the Army" for
Warrant Officers.
c. Preparation of DD Form 214 will be accomplished as
described in
(same as for enlisted personnel).
"
d:
H
P
19
1. JORDAN
13
2. ADAMS
16
3. HESBURGH
22
4. LACY
27.5
5. MORROW
28.5
6. EVERHARD
29
7. MAYE
29.5
BERALD R. FORD LIBRARY
8. CRAIS
31.5
9. O'CONNOR
34.5
10. RIGGS
37
11. VINSON
39
12, PULLER
42
13. GOODEN
45.5
14. CARTER
49.5
15. DOVGOVITO
51
16. WALT
57.5
-
17. Fong
62.5
18. KAUFFMANN
67.5
GERALD LISAANY R. FORD
PARPON AS NC VB
TOT
AD
54 5.1 2,9 5.4
1
I 4.5 95
16
CR
41 5.6 4.7 59
10.5 7 9 5
31.5
Do
39 5.9 4.3 3.3
13.5 2 7.5 18
51
EV
48 5.2 5.7 5.2
3.5 2 12.5 11
29
Fo
35 6.6 8.6 4.1
165
16
16
14
62.5
60
48 5.7 7.2 3.6
3.5 10 15 SQ 17
45.5
HE
46 5.3 5.1 8.6
6.5 3.5 10 2
22
to
52 5.6 0.8 10.9
2
9
I
1
13
$
32 6.7 8.8 4.0
18 17.5 17 15
67.5
LA
46 5.6 1.5 5.0
6.5 7 2 12
27.5
MA
47 5.4 5.7 5.8
5 5. 12.5 7
29.5
MO
44 5.3 2.8 4.4
9 3.5 3 13
28.5
OC
40 5.9 2.9 5.9
12 12 4.5 b
34.5
PV
45 5.9 3.3 4.0
8 12 6 16
42
R1
41 6.2 4.3 6.4
10.5 15 7.5 4
37
VI
38 5.6 6.1 6.8
15 7 14 3
38
WA
39 6.7 8.9 5.4
B.5 17.5 18 9.5
57.5
CA
35 6.1 5.5 5.5
16.5 14 11 8
49.5
&
FORD
GERALD
1. Last September, President Ford announced a program of granting clemency
to specific groups of people. Who do you believe these people are?
(Answere as many as apply.)
WHO word
A. Draft evaders and deserters in Canada and other foreign
^
countries.
B. Draft evaders and deserters who were fugitives in this country.
C. People who protested against the war.
D. People who served in Viet Nam and got into trouble when
they came home.
E. Draft evaders and deserters who have been punished for
their offenses.
F. Watergate defendants.
2. Approximately 120,000 people were eligible for clemency under President
Ford's program, 5,000 of when applied before the March 31st. application
deadline. Most of those who applied had already been punished for their
draft evasion or desertion offenses. Their cases are being individually
reviewed, with about half being given immediate pardons and the rest offered
pardons after a few months of alternative service. Draft evaders and
deserters who had never been punished (including those who har gone to
Canada) are offered clemency after about two years of alternative service.
- 2 -
Which of the following statements best characterizes youropinion of the
President's clemency program?
A. I am not in favor of it, because nothing less than
unconditional amnesty is worth while.
B. I am not in favor of it; because it should be more generous.
C. I am in favor of it, but it should be more generous.
D. I am in favor of it as it is.
E. I am in favor of it, but it is too generous.
F. I am not in favor of it, because it is too generous.
G. I am not in favor of it, because there should not be any
program of clemency for draft evaders and deserters.
3. After clemency is granted to former draft evaders and deserters (most
of whom will have completed periods of alternative service), how will you
react to them?
A. I would respect them the same as I respect others in my
community.
B. I would respect them more than I respect others in my
community.
C. I would respect them less than I respect others in my
community.
- 3 -
How would you personnally react to them?
A. I would accept them as neighbors.
B. I would be happy to see them compete for job opportunities
equally with others in my community.
C. I would invite them into my home.
D. I would allow them to teach my children.
FORD is LIBRARY QERALD
lot
2 no
vote
vote
walt.
no
no
Riggs
no
no
Kauffmann
no
no
Lally
Yes
yes
Indan
yes
yes
Vinami
yes
yes
ford
yes
no
Carter
no
no
craig
yes
yes
maye
no
no
O'connor
yes
yes
Puller
yes
yes
Everhand
of
no
Goodell
no
no
6
8
8
6
14 Present
mation Defeated
upseading Cases
will require unanimous
vote in order to present
them
to the President
Only 12 or so of W's cases,
76
67 67-W w
rq
76 cases
67
9-0
# 1077 - w
// #4739-W 4739 -w
# -8725.D
1637 - W
4859-W
9622-W
2302 - W
4903-W
9637-W
2335 - w
4913-11
-9649-D
2415 - w
4920-W
10006-W
2419 - w
4927-W
10040 -W
2468 - W
4942-W
-11606-D.
2539 -W.
4956-W
13418-W
2.552-W 2552 - w
4977-W
14022-W
2803-W
- 5060-D-
14059-W
2806-W
5233-W
14488-W
3049-W
5387-W
14518-W
3/37-W
5505-W
3340-W
- 5708-D
- -3587-D.
- 5765-D
3681-W
6481-W
BERALOR FORD LIBRARY
3685-W
6794-W
3835-W
-6798-0
3860-W
6830-W
3898-W
7165-4/
4011-W
7332-W
4157-W
8 7940-W
4250-W
7600-W
4336-W
7919-W
4470-W
-7972-0
4566-W
8147-W
4598-W
-8/81-D
4642-W
8507-W
4671-W
8513-W
4689-W
8516-W
4702-W
8518-W
4737.W
8519-W
RECORDATION WORK SHEET
Date
#
Tape
Feet
Minutes
Docket
FORD
Ad Ag C D E Fi Fo G H
Panel
Full Board
JL Ma Mo 0 PRVW
GERALD
Case Number)
Attorney
Final Baseline
Aggravating Circumstances
Mitigating Circumstances
1 Other Criminal Convictions
1 Lack of sufficient education or ability
to understand obligation or other
2 False Statement to the PCB
remedies available under the law
3 Use of Force by applicant collaterally
2 Personal or immediate family problems
to AWOL, desertion, or missing movement
or civilian draft evasion offense
3 Mental or physical condition
4 Desertion during combat
4 Employment or service to, the public
5 Manipulative or selfish reasons
5 Service-connected disability
6 Prior refusal to fulfill alternative
6 Extended period of creditable military
service
service
7 Violation of probation or parole
7 Tours of service in war zone
8 Multiple AWOL/UA
8 Personal or procedural unfairness
7
9 AWOL/UA or extended length
months
9 Denial of C.O. status
10 Failure to report for overseas
10 Acted for conscientious reasons
assignment
11 Voluntarily submitted to authorities
11 Undesirable Discharge issued as a
-
consequence not only of AWOL but also
12 Mental stress in combat
-
as a result of other specified offenses
13 Volunteered for or had extended time
12-None of the above
in combat
14 Above average military conduct and
proficiency or unit citation
15 Personal Decorations for valor
16 Wounds in Combat
None of the above
BaseLine
3
OR
MONTHS
AGGRAVATING 1 2 3 4 5 6 7 8 9 10 NONE
MITIGATING 123 4 5 6 7 8 910 11 12 13 14 15 16 NONE
Decision Mos A/S Straight pardon tabled give reason No Clemency
Remarks
SCRIBE
AWOL length. - last AWOL
#10 sincere reasons " no.
CASE NUMBER
TAPE
FT
IN
1-9
CARD
MITIGATING FACTORS
CARD
2
10
1
ATTORNEY
11-25
10
DATE
#
PANEL
1 Lack of Education
FOND
123
11
26-29
30-31
32
2 Personal Problem
GERALD
123 12
3 M/P Conditions
123 13
AGGRAVATING FACTORS
4 Employment Service
123 14
1 Convictions
123 33
5 Disability
123 15
2 False Statement
123 34
3 Use of Force
123 35
6 Creditable Service
123 16
4 Combat Desertion
123 36
7 War Zone Tours
123 17
5 Selfish Reasons
123 37
8 Evidence of Unfair
123 18
6 A/S Refusal
123 38
9 Denial of CO Status
123 19
7 Probation/Parole V.
123 39
10 Conscientious Reasons
123 20
8 Multiple AWOL
123 40
11 Voluntarily Submitted
123 21
9 Extended AWOL
123 41
12 Mental Stress
123 22
10 Failure of O/A
123 42
13 Combat Volunteer
123 23
11
123 43
14 +Pro/+Con + Cites
123 24
12
12344
15 Decorations
123 25
13
123 45
16 Wounds
123 26
14
123 46
17
123 27
15
123 47
18
123 28
16
12348
19
123 29
17
123 49
20
123 30
18
123 50
21
123 31
19
123
51
22
123 32
20 None of the Above
123 52
23
123 33
24
123 34
FINAL BASELINE
53-54
25
123 35
APPEAL (Y,N)
55
26 None of the Above
123 3 36
DISPOSITION (P,A,M,T,R,S,C)
56
MONTHS A/S
57,58
BOARD MEMBERS
Goodell
123 3 37
Kauffmann
12346
123 55
Adams
12338
Craig
12347
12356
Dougavito
123 39
Everhard
12348
12357
Finch
123 40
Ford
12 3 49
123 58
Hesburgh
123 41
Lally
12350
123 59
Jordan
123 42
Morrow
12 3 51
12360
Maye
12343
Puller
12 3 52
12361
O'Connor
12344
Riggs
12 3 53
12362
Walt
12345
Vinson
12 3 54
12363
REMARKS
PRESIDENTIAL CLEMENCY BOARD
SOFTBALL SCHEDULE
Wednesday, May 7
Rosebell
Bureau of will bither Social Science Research
Ellipse
be
Check Edwards -
Wednesday, May 14
6:30
Congressman Peyser
/
Tyler School
Wednesday, May 21
Architects of U.S. Capitol
Ellipse
Wednesday, May 28
Sen. Republican Policy Committee
E. Potomac #2
Wednesday, June 4
Senator Taft
Ellipse
Wednesday, June 1.1
Open
Wednesday, June 18
Senator Helms
GERALD R. FORD
Tyler School
Ellipse
Wednesday, June 25
Senator Beall
Tyler School
Wednesday, July 2
Senator Jackson
Ellipse
Wednesday, July 9
CIEP-White House
Tyler School
Wednesday, July 16
Senator Charles Mathias, Jr.
Ellipse
Tuesday, July 22
Senator Bayh
Rose Park Field
Wednesday, July 23
Open
Tyler School
Wednesday, July 30
AMTRAK
Ellipse
Tuesday, August 5
Sen. Stone
Anacostia #4
Wednesday, August 6
Sen. Sparkman
Tyler School
Wednesday, August 13
Sen. Abourezk
Ellipse
Wednesday, August 20
Senator Hathaway
Tyler School
Wednesday, August 27
Republican National Committee
Ellipse
NOTE: Tyler School located at 10th & G Sts., S.E.
Rose Park Field located at 26th & O St., N.W.
E. Potomac #2 located near Jefferson Memorial
Anacostia #4 located off Penn. Avenue just past I-295 overpass.
FORD & LIBRARY
P.C.B
VETERANS
BENEFITS
okton
"Well, the majority blew it again."
to Chas 9.
tided
WITHDRAWAL SHEET (PRESIDENTIAL LIBRARIES)
FORM OF
CORRESPONDENTS OR TITLE
DATE
RESTRICTION
DOCUMENT
Notes
Typed notes regarding panel member, author unknown, 1 page.
N.D.
C
File Location:
Charles Goodell Papers, Box 8, Folder: "Miscellaneous" SMD - - 7/8/2015
RESTRICTION CODES
(A) Closed by applicable Executive order governing access to national security information.
(B) Closed by statute or by the agency which originated the document.
(C) Closed in accordance with restrictions contained in the donor's deed of gift.
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
NA FORM 1429 (1-98)
Ricks conslusions:
1
Public will accept
clemency
2
Approval + satisfaction
follows beel curve
from farnable to
informable $
FORD 118
GERALD
$
3
Higher educ. is
more generous
4
Vets marginally
less generous
S
Non + viet vets are
Same or more (+) than
vets.
BACK
6
VFW is not very
rep. of its total
pogulation
3.
19
Vets
vit
Non
Vets
Vets
Parton w/
50
SI
52
47
alt sew.
Uncond.
An.
20
17
19
25
No
23
25
25
20
clem.
I
Non wet magically
better (+) than ver.
2
Unit vet same us
total vet.
4.
Extend deadline
T Va Vit
IA
&V+
Non
Vet
Y
44
41
46
51
Z
50
53
50
43
I
Non vet is more
(+) than vet by
large %
2
Mone(+) among
yours + college
5
Uit wet more (+ than
vet. as whole
5:- Welcome
TIV
VV
NV
No
Less
13
15
12
10
14
More
5
5
7
4
6
Same
77
75
77
80
80
you
1
V.Vet (++)than public
at large
2
Ifadd "more"t "same"
85% will be (+)
holly Emerge 100
72% heard of clem. prog,
76% of the 72% - fugitives
college rous. -twice as often do non fagitive
17% w/ served in VN of deserted.
18% w/ convicted & punished,
VN Vets same as non vets,
Marginally more acceptable,
85% - will welcome - same
or more respect,
79% + 6%.
BERIALD F. FORD LIBRAS
WITHDRAWAL SHEET (PRESIDENTIAL LIBRARIES)
FORM OF
CORRESPONDENTS OR TITLE
DATE
RESTRICTION
DOCUMENT
Note
Handwritten notes, 1 page
N.D.
C
File Location:
Charles Goodell Papers, Box 8, Folder: "Miscellaneous" SMD - 7/8/2015
RESTRICTION CODES
(A) Closed by applicable Executive order governing access to national security information.
(B) Closed by statute or by the agency which originated the document.
(C) Closed in accordance with restrictions contained in the donor's deed of gift.
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
NA FORM 1429 (1-98)
GROSS
REMAIN To BE HEARD
AS OF
TYPE OF
TOTAL
ALREADY
CASE
NUMBER
HEARD
By PANEL
BY FULL BD.
8/25
TABLED
500
345
155
CASES
(+50)
(+50)
1.
8/25
FULL BD.
631
452
179
CASES
(+90)
(+90)
2.
8/25
VA/UP
360
205
155
CASES
(+36)
(+36)
3,
8/25
FLAGGED
167 NO DECISION CEG
5
70
(+500)
4.
PERSONAL
25
5
GERALD FORD
20
8/25
APPEARANCE
5.
8/19
RECONSIDER-
300
180
120
ATION
(1400)
(+400)
6,
(NEW (NFORMATAN)
8/25
No
66
36
30
JURIS/JURIS
7.
8/25
UNWRITABLE
750
120 REG.
(500 No INFO)
130 P/P*
8.
8/25
REGULAR
1750
1750
PANEL
9.
8/25
APPEAL
11
RECENSIDER-
10.
ATION
(+1000)
(+1000)
TOTAL
269
1990
(1450)
INCLUDED IN 1750
FOR THIS
week
SPECIAL
PANEL ) VA/UPGRADE OR PURPLE PANEL
19 CASES:
(Au SUMMARIES IN HAND)
33%
26 PROBABLY ELIGIBLE For UPURAGE/BENEFITS (1.6., THE No EVIDENCE CONTRARY )
25%
20 QUESTIONABLE
42%
33
LESS THAN 180 DAYS Good TIME; INELIGIE For BENEFITS
FORD i LIBRARY GERALD
210 - <180
212 - 5180
29 CASE)
213 - 5180
12 E
217 - ELIGBLE
5 ME
219- - ELIGIBLE
12 IE < 180
220- 1 M.E., Lowplc
221 - ELIGIBLE
223 - ELIGIBLE
224 - ELIGIBLE
227 - <180
228 - EUGBLE
232 - <1.80
FORD & LIBRARY GERALD
237 - ELIGIBLE
239 - (1.80
240. - 4.80
243- <1.80
244 - M.E., OTHER OFFENSE
245- - cl.go
247 - ELIGIBLE
249 - <1.80
250-M.e; MIXED p/c
251 - ELIGIBLE
252- - M.E., OTHER offense
253 - TIME UNCLEAR; MIXED P/C
254 - ELIGIBLE
256- <180
257- ELIGIBLE
258- - ELIGIBLE
260- - 4/80
DAYS SPENT BY CHAIRMAN GOODELL ON CLEMENCY BOARD ACTIVITIES.
September
17
18
19
20
23
24
25
26
27
30
10 days
October
2
3
4
7
8
9
FORD is LIBRARY OFRALD
10
14
15
18
21
22
23
24
25
29
30
31
18 days
November
1
4
5
6
7
8
11
14
15
18
19
20
21
22
23
25
26
27
29
19 days
CEG DAY, cont'd.
2
December
2
4
5
6
7
5 days
TOTAL
52 days
President Ford's clemency program for Vietnam-era
draft evaders and deserters has certain problem areas. We
GERALD R. FORD
have outlined them in general terms and proposed solutions
in this memo. And in addition, we have noted various other
steps that should be implemented to improve the program and
give it the appearance of being more fair.
1. As we understand the program from reports in
the local newspapers this week, the length of alternative
service for the resister is to be determined by the U. S.
Attorney in each judicial district with "central guidelines"
laid down by the Deputy Attorney General.
This approach only partially minimizes one of
the major problems of the pre-clemency program system: grossly
unequal prosecution depending on the prosecutorial philosophy
of the individual U. S. Attorney.
It is our view that prosecutors, as such, should
not be adjudicators of the lengths of alternative service.
Even with central guidelines, which presumably guide their
exercise of discretion in all cases, unreasonable disparities
can occur.
We believe that it would be preferable for a
quaf$-judicial body of nationwide jurisdiction to be available
2.
to review the length of alternative service for resisters
who choose to accept this clemency. Such a body would in-
sure uniformity in alternative service terms. Justice
Department guidelines, even if issued as regulations, would
not do this without some provision for review.
The above comments are equally applicable
to the manner of implementing the clemency program in the
military departments. One board should be established to
review the terms of alternative service of the deserters
seeking clemency.
In our view, these boards should include
persons who are not Justice or military department officials
thereby de-emphasizing the law-enforcement influence.
2. Many resisters seeking clemency may not need
it; they may not have violated the selective service law.
Others may fear the consequences of disclosing themselves
for any number of reasons.
We believe that a public defender service
should be established for those persons who cannot afford
an attorney so that they can be adequately advised of their
legal rights. This problem underscores our point that pro-
secutors should not be adjudicators of clemency. The
3.
prosecutor's function is, by its nature, inconsistent with
the interests of the person seeking clemency. This problem
may be greater or worse for deserters depending on whether
the military would provide them with free legal advice not
subject to command pressure.
In either case the right to counsel, appointed by
the "court," must be insured and as probably a constitutional
Dequirement See, for example, Betonic 5. Sigemore, 496 F. 2/10017
3. This program leads us to conclude that, even if (5th Cir. 1974).
it were to work fairly, it gives the appearance of working
unfairly in the ways we mentioned above.
Beyond the steps we recommended above, we intend to
attempt to interest the American Bar Association in setting
up a project to monitor the adminis tration of this clemency
program and to provide counsel to young men seeking infor-
mation and legal advice on the clemency program. To be
meaningful, such a program would require much cooperation
from the Government. Funding might also be necessary,
perhaps from LEAA.
For a general discussion on an accused's right to
councel, see Argersinger 6. Hamlen, 407 U.S. 25,
925.0%2006, 32L Ed. 2d 530 (1972).
as 8 this Am- straws said
Total cases:
15,468
of these -
- 910
preased by
other agency
GERALD R. FORD
Total PCB
will have revered 14,558 14,
President has
5376
2402
Has signid
PREPARATION OF PRESIDENTIAL PACKETS
Initial Decision
Verification
i:
Presidential
Proofreading
Certification and Warrants
Approval
(11,921)
(4008/4774)
(1850/2829)
(842/2080)
( /
)
857
2409
1032
Panels
Verification
103
Proofreading
Warrants
White House
&
Preparation &
Letter Typing
Certification
767 returned;
net = 264
( 1 )
( 195,
(337/245)
Board Member
CEG Review
Full Boards
Holds
(76 )
(0)
( 5)
Atty. Holds
LMB Review
Personal Appearance
(3946)
( 299 )
Process
+
Computer
Strauss Review
as of C.O. B
(342)
(0/0)
VA Benefits
Holds
Special Panel
GERALD FORD ?
Friday, 8 aug
(610 )
H
No Clemency
Notes
Cases
r Jack estimates moving 1550 to Leone
(387)
during week ending 8/15.
Tabled Cases
2
On 8/12, computer will release 800
Holds
Review of Holds
Final Decision
to Jack + send 200 to Toby for review
REVIEW OF DECISIONS
41351
rules and regulations
This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect most of which are
keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL
REGISTER issue of each month.
Title 2-Clemency
Finally, it cannot be too often stated
should be submitted in five (5) copies,
CHAPTER II-PRESIDENTIAL CLEMENCY
that an applicant may apply to the
and directed to:
BOARD
Clemency Board without risk. His appli-
Office of the General Counsel
cation will be held in confidence, and he
PART 201-ADMINISTRATIVE
Presidential Clemency Board
may withdraw his application at any
The White House
PROCEDURES
time.
Washington, D.C. 20500
PART 202--SUBSTANTIVE STANDARDS
It is the intent of the Presidential
(Executive Order 11803, 39 FR 33297)
OF THE PRESIDENTIAL CLEMENCY
Clemency Board to provide notice to ap-
BOARD
plicants, and to maximize public cer-
In consideration of the foregoing, this
tainty and predictability, about the sub-
chapter will become effective imme-
Procedures and Standards
stantive standards which the Board will
diately.
In order to accommodate new regula-
apply in recommending to the President
Issued in Washington, D.C., on Novem-
tions being issued by the Presidential
proposed dispositions of applications for
ber 25, 1974.
Clemency Board, the heading of Title
executive clemency under Proclamation
2 of the Code of Federal Regulations is
4313 (published in the FEDERAL REGISTER
CHARLES E. GOODELL,
changed to read: Title 2-Clemency. In
on September 17, 1974, 39 FR 33293). It
Chairman,
addition, a new Chapter II, Presidential
is further the intent of the Board to
Presidential Clemency Board.
Clemency Board, is added, reading as
ensure equity and consistency in the way
1. Part 201 is added to read as follows:
set forth below.
that similarly situated applicants are
Sec.
This notice of rulemaking sets forth in
treated.
201.1
Purpose and scope.
Part 201 the administrative procedures
The Presidential Clemency Board
201.2
General definitions.
and in Part 202 the substantive stand-
therefore herein publishes the substan-
201.3
Initial filing.
ards to be used by the Presidential Clem-
tive standards to which it has committed
201.4
Application form.
ency Board (hereinafter "the Board")
itself in the implementation of the
201.5
Assignment of Action Attorney and
in accepting and processing applications
clemency program. Applicants for execu-
case number, and determination of
from individuals subject to the juris-
tive clemency under the program are in-
jurisdiction.
201.6
diction of the Board and in the deter-
vited to submit evidence suggesting that
Initial summary.
201.7
Final summary.
mination of its recommendations to the
one or more of the mitigating circum-
201.8
Consideration before the Board.
President concerning those individuals.
stances listed below apply to their case,
201.9
Recommendations to the President.
The Presidential Clemency Board has
or that one or more of the aggravating
201.10
Reconsideration.
made every reasonable effort to assure
circumstances listed do not apply to their
201.11
Referral to appropriate agencies.
case. Applicants are also invited to sub-
201.12
to both applicants and those individ-
Confidentiality of communications.
mit letters from third parties containing
201.13
Representation before the Board.
uals who may be subject to the jurisdic-
201.14
such evidence, or to ask other people to
Requests for information about the
tion of any of the three parts of the
clemency program.
Presidential clemency program every
write directly to the Board on their
Appendix A.
procedural consideration. Applicants will
behalf.
Appendix B.
be sent notice concerning the procedures
It is contemplated that the Board will
weigh the factors listed below in each
AUTHORITY: E.O. 11803, 39 FR 33297.
and standards used by the Board; their
privacy will be respected in every way
individual case. It is not contemplated,
§ 201.1 Purpose and scope.
possible within the bounds of the law.
however, that any one of these factors
This subpart contains the regulations
All information concerning the applicant
will necessarily be dispositive of a partic-
of the Presidential Clemency Board,
which is sought by the Board from gov-
ular case, and the Board reserves the
created pursuant to Executive Order
ernmental sources will be open to inspec-
option of considering other factors in
11803 (39 FR 33297) concerning the pro-
tion by the applicant or his representa-
mitigation not listed herein to be disposi-
cedures by which the Board will accept
tive. The records and files concerning the
tive of a particular case.
and process applications from individ-
applicant will be summarized by an at-
Actions taken and determinations
uals who avail themselves of the oppor-
torney on the staff of the Board, and
made by the Presidential Clemency
tunity to come within its jurisdiction.
sent to the applicant for his amendment
Board and members of the Board's staff
Certain other matters are also treated,
and correction. A sure process for the
prior to the issuance of these regulations
such as the assistance to be given to in-
appeal of adverse determinations has
have been in substantial compliance with
dividuals requesting determinations of
been established. In the Board's discre-
the provisions thereof.
jurisdiction, or requesting information
tion, the applicant or his representative
Because of the short duration of the
respecting those parts of the Presidential
may be allowed to persent an oral state-
Presidential clemency program, and for
ment to the Board prior to its determina-
other good cause appearing, it is hereby
Clemency Program which are adminis-
tion of his case. Each applicant will have
determined that publication of this
tered by the Department of Defense and
an opportunity to petition for recon-
chapter in accordance with normal rule-
the Department of Justice under Presi-
sideration of the decision to recommend,
making procedure is impracticable and
dential Proclamation 4313 (39 FR
grant, or deny executive clemency in his
that good cause exists for making these
33293).
regulations effective in less than thirty
case.
Individuals who may be subject to the
(30) days. Notwithstanding the abbrevi-
§ 201.2 General definitions.
jurisdiction of the Department of Jus-
ated rulemaking procedure, however,
"Action attorney" means an attorney
tice or the Departments of Defense or
comments and views regarding the pro-
on the staff of the Board who is assigned
Transportation will be assisted in con-
posed chapter are solicited, and may be
an applicant's case and is thereafter
fidence in determining their status with
filed to be received no later than 5 p.m.
responsible for all information-gathering
respect to the clemency program.
d.s.t., December 12, 1974. Comments
and communications concerning that
FEDERAL REGISTER, VOL. 39, NO. 230-WEDNESDAY, NOVEMBER 27, 1974
41352
RULES AND REGULATIONS
applicant's case from the applicant's
torney determines that the Board has
complete, or misleading information in
initial filing until final disposition has
jurisdiction over the applicant, a file for
the complete Board file.
been made by the Board.
the applicant's case will be opened and
(d) An applicant's case will be con-
"Applicant" means an individual who
a case mumber for that file will be as-
sidered ready for consideration by the
is subject to the jurisdiction of the
signed. With the opening of the file, the
Board not earlier than twenty (20) days
Board, and who has submitted an initial
Action Attorney shall request from all
after the initial summary has been re-
filing.
appropriate government agencies the
celved by the applicant. Material which
"Board" means the Presidential
relevant records and files pertaining to
amends or supplements the applicant's
Clemency Board as created by Executive
the applicant's case before the Board.
initial summary must therefore be re-
Order 11803, or any successor agencies.
(b) In normal cases, the relevant
celved by the Board within twenty (20)
§ 201.3 Initial filing.
records and files will include for civilian
days to insure that it will be considered.
cases the applicant's files from the Selec-
unless within that period the applicant
In order to comply with the require-
tive Service System and the Bureau of
requests and receives permission for an
ments of Executive Order 11803 as to
Prisons, and for military cases the ap-
extension. Permission for late filing shall
timely application for consideration by
plicant's military personnel records,
be liberally granted, if the request is
the Board, an individual must make an
military clemency folder, and record of
received prior to Board action.
initial filing prior to January 31, 1975.
court martial. Applicants may request
The Board will consider sufficient as an
§ 201.7 Final summary.
that the Board consider other pertinent
initial filing any written communication
files, but such applicant-requested files
(a) Upon receipt of the applicant's re-
received from an individual or his repre-
will not be made available to the appli-
sponse to the initial summary, the Action
sentative which requests consideration
cant and his representative as of right.
Attorney will note such amendments,
of the individual's specific case or which
(c) Where the initial filing contains
supplements, or corrections on the ini-
demonstrates an intention to request
adequate information, Board staff may
tial summary as are indicated by the
consideration. Oral initial filings will be
assign a case number and request rec-
applicant.
considered sufficient if reduced to writ-
ords and files prior to receipt of the com-
(b) The final summary shall then con-
ing and received by the Board within
pleted application form.
sist of the initial summary with appro-
thirty (30) calendar days.
(d) If the Action Attorney determines
priate amendments and additions, and
that probable jurisdiction does not exist,
the summary of the materials submitted
§ 201.4 Application form.
he will promptly notify the applicant in
by the applicant as described in $ 201.6
(a) Upon receipt of an initial filing a
writing, stating the reasons therefor.
(b).
member of the Board's staff will make a
(e) An applicant who questions this
determination of probable jurisdiction.
§ 201.8 Consideration before the Board.
adverse determination of jurisdiction
Applicants who are clearly beyond the
should write the General Counsel of the
(a) At a regularly scheduled meeting
Board's jurisdiction will be so notified in
Board in accordance with the provisions
of the Presidential Clemency Board, a
writing. An applicant who questions this
c: $ 201.4(a).
quorum of at least five (5) members
adverse determination of probable juris-
being present, the Board will consider the
diction should promptly write the Gen-
§ 201.6 Initial summary.
applicant's case.
eral Counsel, Presidential Clemency
(a) Upon receipt of the necessary
(b) The Action Attorney will present
Board, The White House, Washington,
records and files, the Action Attorney
to the Board, a brief statement of the
D.C. 20500, stating his reasons for ques-
will prepare an initial summary of the
final summary of the applicant's case.
tioning the determination. The General
applicant's case. The files, records, and
The Action Attorney will then stand
Counsel of the Board shall make the final
any additional sources used in preparing
ready to answer from the complete file
determination of jurisdiction.
the initial summary will be noted there-
any questions from the members of the
(b) An applicant who has been noti-
upon; no material not so noted will be
Board concerning the applicant's case.
fied that probable jurisdiction does not
used in its preparation. The initial sum-
(c) At the Board's discretion, it may
lie in his case will be considered as hav-
mary shall include the name and busi-
permit an applicant or his representative
ing made a timely filing should the
ness telephone number of the Action At-
to present before the Board an oral state-
final decision be that the Board has
torney who prepared it, and who may be
ment, not to exceed ten (10) minutes in
jurisdiction over his case.
contacted by the applicant or his repre-
length. Neither applicant nor his rep-
(c) Applicants who are within the
sentative.
resentative may be present when the
probable jurisdiction of the Board will
(b) The Initial summary shall be sent
Board begins deliberations, but should
be sent by mail:
by certified mail to the applicant. The
remain available for further consulta-
(1) An application form (see appendix
summary will be accompanied by an in-
tion immediately thereafter for a period
"A"
struction sheet describing the method by
not to exceed one hour.
(2) Information about the Presiden-
which the summary was prepared, and
(d) After due deliberation, the Board
tial Clemency program and instructions
by a copy of the guidelines that have
will decide upon its recommendation to
for the preparation of the application
been adopted by the Board for the de-
the President concerning the applicant's
form (see appendix "B")
termination of cases. Applicants will be
case, stating the reasons for its recom-
(3) A statement describing the Board's
requested to review the initial summary
mendation.
procedures and method of determining
for accuracy and completeness, and ad-
§ 201.9 Recommendations to the Presi-
cases.
vised of their right to submit additional
dent.
(d) The applicant will be urged to re-
sworn or unsworn material. Such addi-
turn the completed application form to
tional material may be submitted in any
(a) At appropriate intervals, the
length, but should be accompanied by a
Chairman of the Board will submit to
the Board as soon as possible. In the
absence of extenuating circumstances,
summary of not more than three (3)
the President certain master warrants
completed application forms must be
single-spaced, typewritten, letter-sized
listing the names of applicants recom-
received by the Board within thirty (30)
pages in length. If a summary of suitable
mended for executive clemency, and a
length is not submitted with the addi-
list of the names of applicants considered
calendar days of receipt.
tional material, the Action Attorney will
by the Board but not recommended for
§ 201.5 Assignment of Action Attorney
prepare such a summary.
clemency. The Chairman will also sub-
and case number, and determination
mit such terms and conditions for execu-
(c) At any time after the mailing to
of jurisdiction.
the applicant of his initial summary, the
tive clemency if any, that have been rec-
(a) Upon receipt of all necessary in-
applicant's complete Board file, and the
ommended in each case by the Board.
formation, the applicant's case will be
files from which the summary was pre-
(b) Following action by the President,
assigned to an Action Attorney. who will
pared, may be examined at the offices of
the Board will send notice of such action
make a preliminary determination of
the Board by the applicant, his repre-
in writing to all persons whose names
the Board's jurisdiction. If the Action At-
sentative, or by any member of the
were submitted to the President. Per-
Board. An applicant or his representative
sons not receiving executive clemency
1 Filed as part of the original document.
may submit evidence of inaccurate, in-
will be so notified.
FEDERAL REGISTER, VOL. 39, NO. 230-WEDNESDAY, NOVEMBER 27, 1974
RULES AND REGULATIONS
41353
§ 201.10 Reconsideration.
service number; military service and
If you believe that you are eligible to be
service number, if applicable; informa-
considered by the Presidential Clemency
(a) An applicant may petition the
tion concerning the draft evasion of-
Board but are not sure, you should apply to
Board for reconsideration of his grant or
the Board. If it turns out that you are not
fenses or absence-related military of-
denial of executive clemency, or of the
eligible for consideration by the Board, you
fenses and the disposition thereof; and
may possibly qualify under another part of
terms and conditions thereof.
the mailing address of either the appli-
the clemency program. You do not have to
(b) Such petitions for reconsideration,
cant or his representative. If the appli-
identify your current location. We will then
including any supplementary material,
cant submits such information as part
be able to notify you of the proper agency to
must be received by the Board within
of his initial filing, the completion of the
contact. If you are appealing a conviction or
thirty (30) days of the mailing of the no-
application form itself is not necessary.
a military discharge you may continue your
tification in $ 201.9(b).
appeal, and still apply to the Board at the
(c) At a regularly scheduled Board
§ 201.13 Representation before the
same time.
meeting, a quorum being present, the
Board.
I. The Board will not give its files to any
other federal agency. It will keep any in-
Board will consider the applicant's peti-
(a) Although an applicant may bring
formation you provide in strictest confidence,
tion for reconsideration.
his case before the Board without a rep-
except evidence of a serious crime which is
(d) In appropriate cases, the Board
resentative or legal counsel, each ap-
not covered in the Presidential Clemency pro-
may permit an applicant or his repre-
plicant is entitled to representation and
gram.
sentative to present before the Board an
will be encouraged to seek legal counsel
II. Although you may apply to the Board
oral statement not to exceed fifteen (15)
experienced in military or selective serv-
without attorney or any other representative
minutes in length.
ice law. Upon request, Board staff
if you wish, we encourage you to obtain the
help of legal counsel. If you do not have a
(e) After due deliberation, the Board
will attempt to refer an applicant to a
counsel but desire one, we will be glad to
may either:
skilled volunteer representative.
refer you to a lawyers' organization which
(1) As to any person granted executive
(b) An applicant who does not wish
will help you find one. These organizations
clemency, let stand or mitigate the terms
to file his application in person may have
will help you get legal assistance even if you
and conditions upon which executive
his representative do so on his behalf.
cannot afford to pay.
III. To apply to the Board, you need only
clemency was granted;
§ 201.14 Requests for information about
supply the information necessary to find
(2) As to any person denied executive
the clemency program.
your file from other departments. If you do
clemency, recommend to the President
not wish to file your application personally,
(a) Upon receipt by the Board of an
that he grant executive clemency in ac-
you may select a representative of your own
cordance with such terms and conditions
oral or written request for information or
choice to do it for you. but you must tell us
consideration concerning an individual
that he is authorized. The Board will main-
as may be appropriate; or
who is clearly beyond the jurisdiction of
tain its own file on your case and that file
(3) As to any person denied executive
the Board, a member of the Board's staff
will be available for examination by you or
clemency, again not recommend the ap-
shall inform the individual:
your own attorney.
plicant for executive clemency.
(1) That jurisdiction does not lie;
IV. You are encouraged to submit evidence
(2) Whether jurisdiction may lie
which you feel helps your case, and to submit
§ 201.11 Referral to appropriate agen-
letters from other people on your behalf. You
cies.
within the Presidential clemency pro-
may submit evidence in order to correct in-
After the expiration of the period
gram, and if so, with which agency;
accurate, incomplete, or misleading informa-
(3) That in the event the individual
allowed for petitions for reconsideration,
tion to the Board's file.
prefers not to contact personally such
V. A personal appearance by you before
the Chairman of the Board shall forward
for further action to the Secertaries of
other agency that an Action Attorney
the Board will not be necessary.
will obtain from such other agency in-
If you have any questions, please call or
the Army, Navy, and Air Force, the
formation concerning the individual's
write the Presidential Clemency Board. The
Secretary of the Department of Trans-
status with respect to the Presidential
White House, Washington, D.C. 20500, (202-
portation, the Director of the Selective
clemency program, and provide to the
456-6476) If application is made by a repre-
Service System, and the Attorney
sentative on your behalf, it is not necessary
individual that information.
General, as appropriate, the President's
that your home address and telephone num-
determination as to each recipient of
(b) The Action Attorney shall submit
ber be included. Your representative should
to the Executive Secretariat of the Presi-
indicate his capacity (attorney, friend, etc.)
executive clemency.
dential Clemency Board a summary of
and give us his address and telephone num-
§ 201.12 Confidentiality of communica-
the communication with, and informa-
ber.
tions.
tion provided to, such individuals.
Application for people not in custody
should be completed and mailed to the Board
(a) The Board has determined that it
APPENDIX B
no later than midnight, January 31, 1975.
will take all steps possible to protect the
INSTRUCTIONS FOR APPLICATION FOR CLEMENCY
Special procedures will be established for
privacy of applicants and potential ap-
On September 16, 1974 the President an-
persons incarcerated whether or not they
plicants to the Presidential clemency
have been released on furlough.
program. No personal information con-
nounced a program of clemency. Depending
on your case, you may apply to the Presi-
2. Part 202 is added to read as follows:
cerning an applicant or potential ap-
dential Clemency Board, the Department of
plicant and related to the Presidential
Justice, or the Department of Defense.
Sec.
clemency program will be made known
You may be eligible for clemency by the
202.1 Purpose and scope.
202.2 Board decision on whether or not to
to any agency, organization, or individ-
Presidential Clemency Board if you have
recommended that the President
ual, whether public or private, unless
been convicted of a draft evasion offense
such as failure to register or register on time:
grant executive clemency.
such disclosure is necessary for the
failure to keep the local board informed of
202.3
Aggravating circumstances.
normal and proper functioning of the
current address; failure to report for or sub-
202.4
Mitigating circumstances.
Presidential Clemency Board. How-
mit to pre-induction or induction examina-
202.5
Calculation of length of alternative
ever, information which reveals the
service.
tion; failure to report for or submit to or
existence of a violation of law (other
complete service, during the period from
AUTHORITY: E. O. 11803, 39 FR 33297.
than an offense subject to the Presi-
August 4, 1964 to March 28, 1973; or if you
dential clemency program) will of neces-
have received an undesirable, bad conduct,
§ 202.1 Purpose and scope.
sity be forwarded to the appropriate
or dishonorable discharge for desertion, ab-
This part articulates the standards
authorities.
sence without leave, or missing movement,
and for offenses directly related, between Au-
which the Presidential Clemency Board
(b) In order to have his case con-
gust 4, 1964 to March 28, 1973.
will employ in deciding whether to rec-
sidered by the Board, an applicant
If you are now absent from military serv-
ommend that the President grant execu-
need submit only information sufficient
ice or have a charge against you for a Selec-
for a determination of jurisdiction, and
tive Service violation and have not been con-
tive clemency to a particular applicant,
for the retrieval of necessary official
victed or received a discharge, you may still
and in then deciding whether that grant
records and files. The application
be eligible for clemency under another part
of celemency should be conditional, and,
of the President's program. If you have any
form will therefore require the ap-
questions, please contact the Board and we
if so, upon what specified period of alter-
plicant's name; date of birth; selective
will try to answer your questions.
native service.
FEDERAL REGISTER. VOL. 39, NO. 230-WEDNESDAY, NOVEMBER 27, 1974
41354
RULES AND REGULATIONS
§ 202.2 Board decision on whether or
(5) Service-connected disability,
months, the applicant's baseline period of
not to recommend that the President
wounds in combat, or decorations for
alternative service.
grant executive clemency.
valor in combat.
(6) Tours of service in the war zone.
[FR Doc.74-27863 Filed 11-26-74;8:45 am]
(a) The first decision which the Board
will reach, with respect to an application
(7) Substantial evidence of personal
before it, is whether or not it will recom-
or procedural unfairness in treatment of
Title 7--Agriculture
mend to the President that the applicant
applicant.
CHAPTER VII-AGRICULTURAL STABILI-
be granted executive clemency. In reach-
(8) Denial of conscientious objector
ZATION AND CONSERVATION SERVICE
ing that decision, the Board will take
status, of other claim for Selective Serv-
(AGRICULTURAL ADJUSTMENT), DE-
notice of the presence of any of the ag-
ice exemption or deferment, or of a claim
PARTMENT OF AGRICULTURE
gravating circumstances listed in $ 202.3,
for hardship discharge, compassionate
SUBCHAPTER B-FARM MARKETING QUOTAS
and will further take notice of whether
reassignment, emergency leave, or other
AND ACREAGE ALLOTMENTS
such aggravating circumstances are bal-
remedy available under military law, on
PART 722-COTTON
anced by the presence of any of the miti-
procedural, technical, or improper
gating circumstances listed in $ 202.4.
grounds, or on grounds which have sub-
Subpart-1975 Crop of Extra Long Staple Cot-
ton; Acreage Allotments and Marketing Quotas
(b) Unless there are aggravating cir-
sequently been held unlawful by the
judiciary.
STATE RESERVES AND COUNTY ALLOTMENTS
cumstances not balanced by mitigating
circumstances, the Board will recommend
(9) Evidence that an applicant acted
Section 722.562 is issued pursuant to
that the President grant executive clem-
in conscience, and not for manipulative
the Agricultural Adjustment Act of 1938,
ency to each applicant.
or selfish reasons.
as amended (52 Stat. 31, as amended; 7
(10) Voluntary submission to authori-
U.S.C. 1281 et seq.). This section estab-
§ 202.3 Aggravating circumstances.
ties by applicant.
lishes the State reserves and allocation
(a) Presence of any of the aggravating
§ 202.5 Calculation of length of alter-
thereof among uses for the 1975 crop of
circumstances listed herein either will
native service.
extra long staple cotton. It also estab-
disqualify an individual for executive
lishes the county allotments. Such de-
(a) Having reached a decision to rec-
clemency or may be considered by the
terminations were made initially by the
Board as cause for recommending to the
ommend that the President grant ex-
respective State committees and are
President executive clemency conditioned
ecutive clemency to a particular appli-
hereby approved and made effective by
cant, the Board will then decide
upon a length of alternative service ex-
the Administrator, ASCS, pursuant to
whether clemency should be conditioned
ceeding the applicant's "baseline period
delegated authority (35 FR 19798, 36 FR
of alternative service," as determined
upon a specified period of alternative
6907, 37 FR 624, 3845, 22008)
under $ 202.5.
service and, if SO, what length that pe-
riod should be.
Notice that the Secretary was prepar-
(b) Aggravating circumstances of
ing to establish State and county allot-
which the Board will take notice are:
(1) The starting point for calculation
ments was published in the FEDERAL REG-
(1) Prior adult criminal convictions.
of length of alternative service will be
ISTER on July 17, 1974 (39 FR 26160) in
(2) False statement by applicant to
24 months.
accordance with 5 U.S.C. 553. The views
the Presidential Clemency Board.
(2) That starting point will be re-
and recommendations received in re-
(3) Use of force by applicant collater-
duced by three times the amount of
sponse to such notice have been duly
ally to AWOL, desertion, missing move-
prison time served.
considered.
ment, or civilian draft evasion offense.
(3) That starting point will be further
In order that farmers may be informed
(4) Desertion during combat.
reduced by the amount of prior alterna-
as soon as possible of 1975 farm allot-
(5) Evidence that applicant committed
tive service performed, provided that a
ments so that they may make plans ac-
the offense for obviously manipulative
prescribed period of alternative service
cordingly, it is essential that this section
and selfish reasons.
has been satisfactorily completed.
be made effective as soon as possible.
(6) Prior refusal to fulfill alternative
(4) That starting point will be further
Accordingly, it is hereby found and de-
service.
reduced by the amount of time served on
termined that compliance with the 30-
(7) Prior violation of probation or pa-
probation or parole, provided that a pre-
day effective date requirement of 5 U.S.C.
role requirements.
scribed period of alternative service has
553 is impracticable and contrary to the
been satisfactorily completed.
public interest, and § 722.562 shall be
§ 202.4 Mitigating circumstances.
(5) The remainder of those three sub-
effective November 22, 1974. The mate-
(a) Presence of any of the mitigating
tractions will be the "baseline period of
rial previously appearing in this section
circumstances listed herein will be con-
alternative service" applicable to a
under centerhead "1974 Crop of Extra
sidered by the Board as cause for recom-
particular case before the Board: Pro-
Long Staple Cotton; Acreage Allotments
mending that the President grant exec-
vided, That the baseline period of alter-
and Marketing Quotas" remains in full
utive clemency to a particular applicant,
native service shall not exceed a judge's
force and effect as to the crop to which
and will in exceptional cases be further
sentence to imprisonment in any case:
it was applicable.
considered as cause for recommending
And provided further, That the baseline
Section 722.562 is revised to read as
clemency conditioned upon a period of
period of alternative service shall be, not-
follows:
alternative service less than the appli-
withstanding the remainder of the cal-
cant's "baseline period of alternative
§ 722.562 State reserves and county al-
culation above, not less than a minimum
lotments for the 1975 crop of extra
service," as determined under § 202.5.
of three (3) months.
long staple cotton.
(b) Mitigating circumstances of which
(6) In exceptional cases in which
(a) (1) State reserves. The State re-
the Board will take notice are:
mitigating circumstances are present, the
serves for each State shall be established
(1) Applicant's lack of sufficient edu-
Board may consider such mitigating cir-
and allocated among uses for the 1975
cation or ability to understand obliga-
cumstances as cause for recommending
crop of extra long staple cotton pursuant
tions, or remedies available, under the
clemency conditioned upon a period of
to & 722.508.
alternative service less than an appli-
law.
(2) It is hereby determined that no
cant's baseline period of alternative serv-
(2) Personal and family hardship
State reserve is required for trends, ab-
ice.
normal conditions, inequities, and hard-
either at the time of the offense or if the
(7) In cases in which aggravating cir-
ships or small farms. The amount of the
applicant were to perform alternative
cumstances are present and are not, in
State reserve held in each State and the
service.
the Board's judgment, balanced by
amount of allotment in the State pro-
(3) Mental or physical illness or con-
mitigating circumstances, the Board may
ductivity pool resulting from productiv-
dition, either at the time of the offense
consider such aggravating circumstances
ity adjustments under § 722.529 (c) and
(d) is available for inspection at each
or currently.
as cause for recommending clemency
State ASCS office.
(4) Employment or volunteer activities
conditioned upon a period of alternative
(b) County allotments. County allot-
of service to the public since conviction
service exceeding, either by three (3) ad-
ments are established for the 1975 crop
or military discharge.
ditional months or by six (6) additional
of extra long staple cotton in accordance
FEDERAL REGISTER, VOL 39, NO. 230-WEDNESDAY, NOVEMBER 27, 1974
3/6/75
Docket I: Cases for which personal appearance at PCB has been requested by attorney:
Date PCB
Date PCB
Date
PCB Case No.
Summary Mailed
Summary Received
Response Received
PCB Attorney
1 74-032-GDE-C
RIPE
Most recent response 2/3/75
Broder
2
74-067-MLT-C
RIPE
Lohff
3 74-007-BMW-C
12/29
Heitz
4 74-089-TSA-C
12/29
Hickman
FORD LIBRARY
R.
GERALD
3/6/75
Docket II: Tabled cases:
Date PCB
Date PCB
Date
PCB Case No.
Summary Mailed
Summary Received
Response Received
PCB Attorney
1
74-202-FFR-M 9 mos
12/26
12/30
Starek
2
74-216-HWX-M
3 mos
12/26
12/31
Broder
3
74-445-BLH-M
6 mos
12/26
Broder
4
74-371-GEX-M
6 mos
12/26
12/30
Broder
5
74-211-HTN-M
6 mos
12-27
Starek
6
74-295-ARA-M
3 mos
12/27
12/31
Broder
7
74-214-HGX-M
6 moo
12/27
12/31
Broder
8
74-375-HDK-M
6 mos
12/31
Starek
-
9
74-433-NKL-M
P
12/24
Lohff
10
74-385-HWM-M
(T) tabled
12/26
12/31
Lohff
- 11
74-512-PBW-M
3 mos
12/16
11/18
Hickman
- 12
74-109-BSW-M
8 mos
RIPE
Starek
13
74-197-ELH-M
10 mos
RIPE
Starek
-
14
74-180-CCA-M
3 mos
RIPE
Robinson
15
220
3 mos
3/6/75
Docket III: Recent applications:
Date PCB
Date PCB
Date
PCB Case No.
Summary Mailed
Summary Received
Response Received
PCB Attorney
1
74-710-HEX-C 3 mos
RIPE
Strauss
2
74-82-SRX-C
3 mos
RIPE
Poole
3
74-099-WAN-C Pass
RIPE
(Oppenheimer case withdrawn)
Poole
4
74-042-HJX-C 3 mos
1/28
Heitz
5
74-083-SJL-C 6
10/15
Klein
6
74-010-BSH-C 3 mos
RIPE
12/29
Kodak
7
74-029-EKA-C 12 / mos
RIPE
Lohff
8
74-528-CWA-C 9 mos
2/5
Lohff
3/6/75
Docket IV: Cases for whom summaries have been written and mailed:
Date PCB
Date PCB
Date
PCB Case No.
Summary Mailed
Summary Received
Response Received
PCB Attorney
1
74-456-RML-M
1/8
Broder
2
74-165-BGL-M
1/8
1/13
Broder
3
74-338-DDW-M
1/8
1/10
Robinson
4
74-246-RWL-M
1/8
Dancheck
5
74-181-CPL-M
1/8
1/11
Broder
6
74-301-BCL-M
1/8
Dancheck
7
74-334-CJW-M
1/11
1/15
Dancheck
8
74-365-DAD-M
1/11
1/15
Dancheck
9
74-309-BAA-M
1/11
Dancheck
10
74-194-DML-M
1/11
1/15
Broder
11
74-425-MRE-M
1/11
1/17
Robinson
12
74-441-PRX-M
1/11
1/16
Robinson
13
74-190-DLX-M
1/10
Puller
14 74-191-DCM-M
1/10
Puller
15 74-415-MCC-M
1/11
Robinson
16
74-236-MIL-M
1/11
1/13
Lohff
17 74-153-KTL-M
1/28
1/30
Lohff
Docket IV
-2-
3/6/75
Date PCB
Date PCB
Date
PCB Case No.
Summary Mailed
Summary Received
Response Received
PCB Attorney
18 74-281-PCS-M
1/28
Heitz
19 74-469-SRX-M 6 mos
1/28
1/30
Klein
20 74-394-JDR-M
1/28
1/31
Heitz
21 74-504-RDE-M
1/28
1/30
Lohff
22 74-386-HGE-M
1/28
Lohff
23 74-510-RRL-M
1/28
Heitz
24 74-336-CJV-M
1/28
1/31
Kodak
25 74-380-HJL-M
1/28
Dancheck
26 74-220-JRX-M
8I/II
Dancheck
27 74-518-ORX-M
1/28
Heitz
28 74-399-HJD-M
1/28
1/31
Heitz
29 74-142-SDE-M
1/31
Kodak
30 74-145-SMJ-M
1/31
Hickman
31
74-181-CPL-M
1/31
Broder
32
74-262-F-SME-M
1/31
Poole
33 74-371-GEX-M
1/31
Broder
34 74-474-SRX-M
P
1/31
Klein
35 74-488-WSJ-M
1/31
Kodak
36 74-388-IJM-M
1/31
Lohff
Docket IV
-3-
3/6/75
Date PCB
Date PCB
Date
PCB Case No.
Summary Mailed
Summary Received
Response Received
PCB Attorney
37 74-445-BLH-M
1/31 (remail)
Broder
38 74-280-VEM-M
2/3
Heitz
39 74-583-WCX-C
2/3
Kodak
40 74-506-MWS-M
2/3
Lohff
41 74-526-BJW-C
2/3
Heitz
42 74-493-WJD-M
2/3
Kodak
43 74-261-EJP-M
2/3
Poole
44 74-558-MMH-C
2/4
Lohff
45 74-264-BKE-M
2/4
Lohff
46 74-612-HRM-M
2/4
Kodak
47 74-439-LRP-M P
2/4
Klein
48 74-342-DJX-M
2/4
Heitz
49 74-630-SDL-C
2/4
Kodak
50 74-296-AGJ-M
2/4
Broder
51 74-334-CWW-M
2/4
Kodak
52 74-523-BFX-C
2/4
Heitz
53 74-495-WAL-M
2/4
Hickman
54 74-419-BVL-M
2/4
Heitz
55 74-409-LJE-M
2/4
Broder
3/6/75
Pocket IV
-4-
Date PCB
Date PCB
Date
PCB Case No.
Summary Mailed
Summary Received
Response Date
PCB Attorney
56 74-300-LDS-M
2/4
Broder
57 74-958-ZFJ-C
2/4
Klein
58 74-627-WFX-M
2/4
Broder
Presidential Clemency Board meetine
may 8-10,1975
8th 9th
LIBRARY GERALD R. FORD
10
Dn adams
Yes Yes Yes
I. Dongovito
Les Yes Yes
I. may
Tes Yes Yes
Mrs. 'Cornor Les Yes Yes
Seneral walt Yes B. "Yes Yes
father bleaburgh no no no
Weinon Jondan he no no
Rahert Linch he no no.
4/18/75
FORD
Case Summery Distribution
j
GERALD
by the ofternal of may 16,
600 Case summaries were
distributed to board members.
200 cases for panels w,x, y,z
were mailed to board member.
prior to the last meeting a
double check was completed by
5/14 to mesure members had
them.
Panel D distribution:
Cases 1-50 - mailed 5/15
" 5/-100 delivered bg.
Courier 6 air -
on 5/16
Panel É
1-50
would 5/13
51-75
veriled 5/15
76-100
vis courier 5/16
Pauel F
1-50
mail 5/13
51-100
via courier 5/16
Panel G
1-75
mailed 5/15
76-100
via Courier 5/16
M. OWEN
AM, 5 June (Fai)
Panel R, Lally, monow, Walt
FORD i LIBRARY
/. Lally - Walt stand offs (not frequent
this morning, but 202 3 set-jaw
sessions): Walt seemed to cow
movern and Lally several times
into going up months simply
for prevention of a more
serious standoff.
2. Applying aggravating 5 where
no reasons were available
(most these cases flagged)
3. Gen. Walt wanted, is one case,
to apply aggraiating 10 when:
(a) the ship movement (Nary)
missed was not necessary
overseas, and
(b) wanted to assume that
during the 2 1/2 month AWOL,
the ship didgo orrseas.
4. aggravating L! cases whe Hagged
pending final disposition of the
substantive issues involving that factor
121 150
PRESENTATION LIST
DATE: 7-10-75 THURS
PANEL: K
DOCKET BLOCK: 9AM
MO/DA
DAY OF WEEK
TIME
CASE NO.
ATTORNEY
COMMENTS
1.
555-LVA-C
GOTTKE
P
2.
566 566-NCA-C - NCA-C
THOMPSON
P
3.
13091-SFW-M
THOMPSON
8
4.
1173-CEF-M 1173 - CEF-
TERELLE
3 mus
5.
3784-CNM-M
TERELLE
8 mos,
6.
4112-SJA-C
TERELLE
P
GERALD LIBRARY P. FORD
7.
4145-KJA-M
TERELLE
P
8.
4716 - HGET-M
TERELLE
6 mos
9.
13864-PJA-M
TERELLE
P
10.
1675- - RMJ-
COLE
P
11.
5186-WAX-M 5186- WAX-
SPENCER
P Hot chechs
12.
5450-KCR-M
EDWARDS, DOUG
13.
6910 MJW- M
EDWARDS, DOUG
14.
5523- KCR-
EDWARDS, L.R.
15.
7125-CTC-M
DUCOMB
16.
13856-PRL-M
DUCOMB
17.
6626-HLR-M
SMITH, BRIAN
P
18.
6882- 6882-FGC-M FGC-
SMITH, BRIAN
P
19.
7140-CTC-M
JAROSLOVSKY
20.
7246-UCR-M
VAROSLOUSKY
21.
11805-JEX-M
JAROSLOUSKY
22.
13137-5DR-M
JAROSLOUSKY
23.
14578-EME-M
JAROSLOUSKY
24.
15706-BML-M
JAROSLOUSKY
25.
9686-CGT-M 9686 CGT-M
WAGGENER
26.
14187 14187-TJK-M TJK-M
WAGGENER
27.
14188-THM-M
BAUGHMAN
28.
14417- PMX-M
POWELL
29.
15196-LDW-M
COWEN
30.
15755- HKR-M
GRAY
Panel Counsel:
AGC Team:
HILBERT
KAUFFMAN (c)
J.HP.
P.C.B. PANELS/FULL BOARD SCHEDULE FOR THE WEEK OF
AUGUTS 4 - AUGUST 8
MONDAY, AUGUST 4 - A.M. and P.M. - READING
TUESDAY, AUGUST 5 -
PANEL E (125 cases
PANEL F (125 cases)
PANEL G (125 cases)
PANEL H (125 cases
Kauffmann (Chairman)
Ford (Chairman)
'Connor (Chairman)
Maye (Chairman)
Puller
Riggs
Walt
Dougovits
Carter
Craig
Everhard
Vinson
WEDNESDAY, AUGUST 6 - A.M. and P.M. - FULL BOARD CASES
Begin at 9:00 A.M. to consider:
1. Cases from the full board packet dated July 2, 1975, beginning with case
no. 57 on the July 2, 1975 Docket (Neil Border's Team) PCB Case No. 7859
subsequent cases on the same docket are: 7924, 8139, 8167, 8181, 8372, 9553
9584, 9828, 9974, 11196; (Dancheck's Team) 2864 and 4054
2. Full Board Docket No. - 7 = 35 cases
3. Full Board Docket No. - 8 = 25 cases
4. Full Board Docket No. - 9 = 25 cases
5. Full Board Docket No. -10 = 25 cases = 124 cases
THURSDAY. AUGUST 7 - A.M. - FULL BOARD CASES
FORD
(Carry-Over of Wednesday Full Board Cases to be considered)
P.M. - READING
GERALD
FRIDAY, AUGUST 8 -
PANEL E (125 cases)
PANEL F (125 cases)
PANEL G (125 cases)
PANEL H (125 cases
Kauffmann (Chairman)
Ford (Chairman)
0' Connor (Chairman)
Maye (Chairman)
Puller
Riggs
Walt
Dougovits
Carter
Craig
Everhard
Vinson
PLEASE NOTE: The Minimum Number of cases for a Panel to complete each day
(Tuesday and Friday) this week is 100 if you are able, please
complete the entire 125 docked each day.
LayPaini
CASES IN PCB PIPELINE AS OF 11 Aug 75
225/18104
98/17,879
0/17,781
0/17.781
0/17,781
1
Projected
Applications
Initial File
DD or BCD
Records Received
Applicants
Logged, File
Request Out
File Request
Files Not Completed
2
Not Requested
Out
35/17,781
(116)/17746
0/17630
417/17630
605/17213
Files Available
Files Enroute/
C + d
2
Files Rcd. by
Cases Assigned,
For Distribution
Distributed to
Unwritable
;
AA Teams, Not Yet
No Significant
AA Teams
Assigned to AA's
Action
42/16308
7 1963/16566
Miscellaneous
Jurisdictional
Cases in AA
Question or
Pipeline
Correspondance
352/14603
0/14251
0/14251
3
Draft Case b Partially
539/14251
365/13712
Draft Hand-
Draft
e
f
Written, or in Pro-
Written
Typed
Cases TO/IN
Cases Awaiting
cess of Rewrite
4
Quality Control
Final Typing
Tabled
290
733/13042
485
/12,309
Flagged/ 41
4
305/133
Jurisdiction
4
Cases Typed in "inal
8801/11824
Docketed
Decided By
Cases Awaiting
and Xeroxed
Board Panel
27
To Up342de
Xeroxing
Panel
Set
337
1051/1051
Aside
Cases to be
Cases Sent to
SIGNED
Heard By
President,
BY
Board
Awaiting Signature
PRESIDENT
TABLED - 387 = 25%=290
1031/2082
GERALD
(Heard)
245
Cases Heard
LIBRARY
By Full Board
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
August 22, 1975
FORD & LIBRARY GERALD
DIRECTIONS TO ROOSEVELT ROOM FROM SENATOR GOODELL'S OFFICE
1. Exit room 360, make a left out the door.
2. Proceed down the hallway to the first elevator on your left (approximately
2/3 the distance down the hallway).
3. Take the elevator to the ground floor, "G".
4. Make a left out the elevator through the double doors into the driveway.
5. Make a left outside the double doors down the drive to the guard shack.
The guard will check your name against the list but you will not need to
show your I.D. here.
6. Proceed down the drive across the street to the White House. Enter
through the nearest doors (diagonally across the street from the guard shack).
7. Inside the White House you will encounter Guard no. 2. This guard will
request to see an I.D. card so you should have it ready.
8. Opposite guard no. 2's desk, is the elevator you should take to the first
floor "1".
9. Make a right out the elevator to the hallway then a left down the hallway
through the square archway (approximately 1/2 the distance down the
hallway).
10 The Roosevelt Room is
arckwayx inside the door on your left just beyond the second archway.
GOOD LUCK
Bob
Sequoia
Monday 8/25/75
Walt
No
Puller
FORD
Yes & wife
Everhard Yes & friend
LIBRARY & GERALD
Riggs
Yes & friend (?)
Vinson
Yes & son
Craig
Yes & ? (date)
Carter
Yes & ? (date if in town)
Lally
UNABLE TO CONTACT
Morrow
Yes & spouse
Kauffmann Yes & spouse
Ford
Yes & friend (?)
O'Connor Yes & husband
Adams
Yes & friend (?)
Dougovito Yes & wife
Maye
Yes & spouse
Hesburgh UNABLE TO CONTACT
Jordan
NO
Jim Poole
8/28/75 Thursday,
Docket 14
#3255- ok FB WI
# 11203 - no er
# 12121 - ok FB er
13
FORD LIBRARY
# 10015 - ok FB OF
Docket 18
# 9988 - no at
# 3265. no 07
# 3356 - no Cit
# 6649
President has signed that's why
it was removed from dochet. Cot
Docket 19
# 1664 - ok FB EA
# 1773 - DRFB are
# 1810 - ok FB CF
# 7544 - No are
Docket 20
# 5722 - no Oct
# 10459 - olc FB Cit
Docket 21
# 8891 - Mo Cer
# 11174 - ols FB CA
8/29/F
Docket 22
# 1153 - ole FB er
DERALD FORD LIBRARY
# 3066 - of FB as
# 816 - ok FB as
# 5724 - no as
# 7689 - no aA
# 10374 - ok FB or
# 10442 - no eg
# 774 - ok FB ar
# 3014 - ok FB at
# 046 - ok FB er
# 1374 - ok FB @r
# 3029 - ohe FB of
# 7383 - no ar
when as
# 10462 - ORFB or
# 8195 - allo at
# 2311 - old FB or
# 045 - ok FB of
memorandum
OF CALL
TO:
Goodell t Basker
YOU WERE CALLED BY-
YOU WERE VISITED BY-
OF (Organization)
Prof. anthony
PHONE
NO.
PLEASE CALL
CODE/EXT.
WILL CALL AGAIN
IS WAITING TO SEE YOU
RETURNED YOUR CALL
WISHES AN APPOINTMENT
MESSAGE
said he thinks you
have done an
excellent john
RECEIVED BY
GSA FPMR (41 CFR) 101-11.6 J
GPO £ 1969-c48-16-80341-1 4/11 332-889
DATE
TIME 40
2:
STANDARD FORM 63
63-108
REVISED AUGUST 1967
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
September 10, 1974
PANEL/FULL BOARD SCHEDULE FOR SEPTEMBER 10th THRU SEPTEMBER 15th.
WEDNESDAY-SEPTEMBER 10th-Full Board Cases. Packets 25, 26, 27, and 28.
THURSDAY-SEPTEMBER 11th- 9:00am to 1:00pm will be Full Board.
1:00pm to 2:00pm- Lunch.
2:00pm to 3:00pm-Personal Appearance, P.C.B.
Case # 854-AMX-M.
3:00pm to 6:00pm will be Full Board Cases.
FRIDAY-SEPTEMBER 12th- Full Board Cases all day.
SATURDAY-SEPTEMBER 13th- Remainder of regular panel cases. Panels A,B,C.
PANEL A
PANEL B
PANEL C
Vinson
Everhard
Walt
Kauffman
Puller
Maye/Ford
Craig
Riggs
O'Connor
Morrow
SUNDAY-SEPTEMBER 14th- Purple Panel and the Upgrade Panel will meet.
MONDAY-SEPTEMBER 15th- Full Board will meet all day.
5868
CONGRESSIONAL RECORD- of Remarks
November 5, 1975
AUDIT BY GENERAL ACCOUNTING OFFICE
There are two ways to remedy the prob-
DISTURBING REPORTS ON THE
Section 22. Authorizes the General Ac-
lem. One backed by several members of
PRESIDENTIAL CLEMENCY PRO-
counting Office to conduct comprehensive
the House Civil Service Committee would
GRAM
audits of the Corporation loan and guaran-,
eliminate the President's authority to offer
tee applicants, borrowers and recipients of
alternate pay plans: any increase recom-
loan guarantees.
mended by the federal pay commission would
HON. JOHN M. ASHBROOK
go into effect automatically. Under exist-
AUTHORIZATION OF APPROPRIATIONS
OF OHIO
ing law, the President can submit an alter-
Section 23. Provides for appropriation,
nate plan and it goes into effect unless
IN THE HOUSE OF REPRESENTATIVES
without fiscal year limitation, of $1 billion
vetoed within 30 days by either the House or
Wednesday, November 5, 1975
to finance the purchase of Corporation stock.
Senate.
Also authorizes the appropriation of such
Another solution-one that we prefer-
Mr. ASHBROOK. Mr. Speaker, in stark
sums as may be necessary to pay the differ-
would separate congressional pay from that
contrast to the sacrifices exacted of over
ence, if any, between the cost of Corporation
of federal employes. The President would
56,000 servicemen killed in Vietnam, over
obligations and the interest received by the
continue submitting alternate plans from
300,000 wounded, the POW's and the
Corporation on its loans, and to reimburse
those of the pay commission, but the self-
the Corporation to the extent of any de-
MIA's, reports of soft and preferential
interest factor would be removed from con-
faults. Authorizes such additional sums as
treatment of Vietnam era draft dodgers
gressional debate.
may be necessary to establish and operate
and deserters under the clemency pro-
There is room for debate on the merits
the Corporation and otherwise carry out the
and economic effects of alternate pay plans.
gram could easily provide the American
purposes of the Act.
And Congress, which must raise revenues to
voter with a key issue in the 1976 elec-
run the government, should have the final
tions. A recent AP dispatch began:
say. But it is unfair to the 3.5 million
Two-thirds of the deserters who joined
civilian workers and military personnel to
President Ford's clemency job program have
STAR SUPPORTS IMPROVEMENTS
have the decision hinge on the politics of
dropped out, been kicked out, or processed
IN PAYSETTING POLICY FOR
congressional pay raises.
out by the military without reporting for
MEMBERS AND FEDERAL EMPLOY-
jobs, and will escape punishment without
completing their assigned work.
EES
According to the dispatch almost 4,503
THE LATE HON. JOHN J. ROONEY
HON. HERBERT E. HARRIS II
deserters who joined the program, or
2,035 men, have either dropped out or
OF VIRGINIA
SPEECH OF
been kicked out. Selective Service officials
IN THE HOUSE OF REPRESENTATIVES
HON. FRED B. ROONEY
add that these "were terminated for non-
Wednesday, November 5, 1975
performance, for lack of cooperation and
OF PENNSYLVANIA
because they chose not to fulfill their
Mr. HARRIS. Mr. Speaker, with the
IN THE HOUSE OF REPRESENTATIVES
agreements in many cases." Another
votes and debate on several aspects of
Tuesday, November 4, 1975
1,000 men handled by the military never
the issue of salaries of Members of Con-
gress and Federal employees not far be-
Mr. ROONEY. Mr. Speaker, since
reported for jobs at all. This total of ap-
hind us, I am pleased to share with my
August of 1963 until the 94th Congress
proximately 3,035 men have been given
convened, whenever the name Rooney
discharges and will escape punishment
colleagues a recent editorial from the
was called in this Chamber it was fol-
for desertion and will not be compelled
Washington Star endorsing efforts em-
lowed by the words "of New York" or "of
to complete their assignments under the
bodied in two of my bills. The Star calls
Pennsylvania" to distinguish between
program.
for two revisions: eliminating the Presi-
John J. Rooney of Brooklyn and myself.
A New York Times article of Septem-
dent's authority to propose an annual
comparability amount differing from
In part, because we shared the same
ber 15 commented further:
name, John Rooney and I were great
The military is prevented from prosecut-
that of his or her advisers and separat-
ing Members' salaries from that of Fed-
friends during the years we served to-
ing program dropouts since they have all
eral employees.
gether in the House. His death Sunday,
been officially separated from the service, and
the Government, for political as well as legal
I have introduced two bills that do
October 26, following surgery at George-
reasons, has indicated it will not prosecute
town University Hospital meant, to me,
exactly that: H.R. 9905, which removes
even the most flagrant examples of bad faith
the loss of a good and dear friend.
the President's authority from the pro-
among those who have broken the agreement.
Through shared names, we came, also,
cedure under which annual compara-
to share mutual enjoyment of Irish
This phase of the clemency program
bility adjustments are made and H.R.
humor, interest in each other's biennial
was handled by the Department of De-
10042, which would abolish the current
congressional campaigns, and during one
fense and involved unpunished deserters.
method for changing Members' salaries.
campaign several years ago John shared
Unpunished draft dodgers reported to a
H.R. 9905 has 21 cosponsors; H.R. 10042,
with me some of his "Rooney for Con-
U.S. attorney with the Justice Depart-
14 cosponsors.
gress" campaign buttons.
ment implementing this phase of the
I would also like to bring Members
During his 30 years in the House of
program. Convicted deserters and draft
particular attention the Star's prefer-
Representatives, John Rooney grew in
dodgers and those still serving sentences
ence for taking Members' salaries out of
public stature and became recognized as
for such violations applied to the Presi-
the Federal employees salary-setting
one of the most influential Members of
dential Clemency Board for relief. The
process. I heartily agree with the Star's
Congress. For many of those years, he
clemency program was established by
contention that "the self-interest factor
chaired the Subcommittee on Appropria-
President Ford on September 16, 1974,
would be removed from congressional
tions for the Departments of State and
and all clemency applications had to be
debate."
Justice and the Judiciary.
filed no later than March 31, 1975, the
The editorial follows:
He was an ardent foe of frivolous pro-
cut-off date for the program. Applicants,
SEPARATE CONGRESSIONAL PAY
grams or spending excesses, and served
either draft dodgers or deserters, could
Now that the latest federal pay issue has
his constituency and all Americans well
be relieved of prosecution and punish-
been settled, Congress should devise a bet-
by his careful scrutiny of the manner in
ment if they presented themselves to the
ter way to handle this annual hassle.
which their tax dollars were being spent.
proper department before March 31, exe-
The 8.66 per cent increase recommended
Mrs. Rooney and I share with his dear
cuted an agreement acknowledging their
for civilian workers and military personnel
wife and their family the sadness of
allegiance to the United States, pledged
by a federal pay commission was never de-
John's passing. To them, we extend our
to fulfill a period of alternative service
bated on its merits. They had to settle for
most sincere sympathy.
under the auspices of the Director of Se-
the 5 per cent set by President Ford be-
While the sense of loss weighs heavily
lective Service and satisfactorily com-
cause Congress, for political reasons, was
on all his loved ones, friends and former
pleted such service.
afraid to override him.
associates, we can derive much comfort
In the case of the deserter, when he
Congressmen wouldn't override the Presi-
from the knowledge that his lifetime was
elects to seek relief through the program,
dent: because they have tied salary increases
full and rich with the satisfactions of
he receives an undesirable discharge.
for themselves into the federal employe pay-
procedure. The more money they vote for
outstanding service to his fellow man, his
Upon completion of his alternative serv-
federal workers and the military, the more
city, State, and Nation. We shall miss
ice he receives a clemency discharge in
they vote for themselves.
him.
recognition of his fulfillment of the re-
November 5, 1975
CONGRESSIONAL Extensions of Remarks
5879
American Institute of Architects, will
munity, such as storm sewers, paving,
cial and social implications. H.R. 10481
establish a nationwide communications
sanitary sewers.
has evolved amidst extended controver-
base to provide interested individuals
In addition to the energy and enthusi-
sy, and each of us has been bombarded
with information about the heating and
asm he brings to the office of mayor,
with a steady stream of reports, papers.
cooling of buildings, the stored solar en-
Mr. Dumke still has time for other com-
and newspaper articles assessing the
ergy in winds, water and plants, direct
munity involvements. He is a member of
merits of action or inaction. Many of
solar thermal conversion, electricity from
the Shriners, Oak Lawn Lions, an hon-
these articles have been helpful to me in
the sun-photovoltaic conversion, archi-
orary member of the Sertoma and Oak
obtaining an historic perspective into
tectural applications and storage sys-
Lawn Elks. As a member of St. Raphael's
the problems of New York City, and an
tems. The exhibit will emphasize the po-
Episcopal Church he served as one of
insight into the projected Impact of the
tential and practicality of solar energy.
the three members on the building com-
various legislative proposals which have
Large and small versions of the exhib-
mittee and supervised its construction in
been advanced.
its are planned which will circulate
cooperation with the Diocese of Chicago
One newspaper article in particular
through major science and technical
and the Bishop. He is executive vice pres-
has impressed me with its dispassionate
centers of the country and also small mu-
ident and one of the principals of George
analysis, yet brilliantly drafted style. The
seums and educational institutions.
Washington Savings & Loan Association.
article, entitled "Urban Ills," by David
Plans call for the-exhibit to start travel-
But still there is time for even more
Broder of the Washington Post, was pub-
ing in the spring of 1976 and continue on
for one with a heart the size of Mayor
lished today. I recommend It as required
the road for 2 years. Eventually, a na-
Dumke's; time for working for the Park
reading for those Members who are seek-
tionwide solar communication center will
Lawn School and the Garden School for
ing the essence of what the issues are to-
be set up to provide current information
the retarded, for example. Not only is he
day, and what the issues may be tomor-
and educational materials on solar
a strong supporter and fund-raiser for
row.
energy.
the YMCA and Boy Scouts, but he has
URBAN ILLS
The exhibit has been designed by Jo-
also served as district vice chairman of
(By David S. Broder)
seph Wetzel and Associates of Stamford,
the Timber Trails District and the previ-
President Ford's preference-which is
Conn., and is funded in part by NSF. It
ous district of Woodlawn.
shared by most politicians of both parties in
contains working models, a theater, and
He has served as second vice president
Congress-is to treat the New York City prob-
communication center and has been
of the Palos-Orland-Worth Area Coun-
lem as the last act of a morality play. The
structured in a way to allow the host
cil and is also one of the council's 25 di-
wicked wastrel gets his deserved comeup-
institution to supplement its materials
rectors. Vice chairman of the Chicago-
pance and is forced to repent for past sins
with its own films, symposia, and lists of
Cook County Committee on Criminal
by declaring default.
speakers, researchers, architects, and
It's a play well-tailored to the anti-govern-
Justice, past president of the Illinois
ment sentiments of the national audience.
manufacturers.
Planning Commission-there could be
It's also a way for the President and like-
Mr. Speaker, we are very proud of this
presented a seemingly endless list of the
minded politicians to conceal from the coun-
product of Colorado ingenuity and initi-
mayor's involvement in his community
try the reality that we face.
ative in the field of solar energy. I hope
and State.
I do not refer here to the financial and
my colleagues will watch for arrival of
Yet, no matter what achievements are
psychological consequences of a New York
the exhibit in their districts and encour-
sighted on paper, there is still missing
City default. Whatever those are will be
known soon enough.
age the public to take advantage of it.
from any such roster the "achievement"
The concealed reality is that the basic
of being a most extraordinary human
forces that have pushed New York City to
being with a special warmth and endear-
the brink are operating inexerably against
ing personality. Perhaps I can sight just
other old big cities, and will leave them
MAYOR DUMKE ELECTED PRESI-
one incident that will demonstrate the
aqually exposed to financial Fuin unless we
DENT OF THE ILLINOIS MUNICI-
caliber of this man, not just as a public
as a country face up to some facts we have
PAL LEAGUE
leader but as a human being.
spent 25 years ignoring.
In 1967 Oak Lawn was hit by a dev-
Most important of these faste is that what
HON. MARTIN A. RUSSO
astating tornado. The town was at a
we call a city 18 a legal-geographic trap
maintained by the outside majority as a
stand still; the havoc and ruin appeared
OF ILLINOIS
means of isolating problems We are not pre-
overwhelming. Mayor Dumke was on his
pared to face and solve. The historic refusal
IN THE HOUSE OF REPRESENTATIVES
feet three solid days, on the crutches he
to let most older cities expand their legal
Wednesday, November 5, 1975
has used since his bout with polio. He
borders to incorporate the "reat cities" they
Mr. RUSSO. Mr. Speaker, I have the
never once slowed down. He seemed to
have become makes it ludicrous, if not inde-
privilege of being friends with a unique
be everywhere, bringing hope and cour-
cent, for the President and other Potomac
moralizers to lecture New York on the need
and wonderfully warm and gifted hu-
age to the citizens, supervising the re-
for self-reliance.
man being. This fine gentleman would
covery program, finding people places to
The real New York City is an area of some
deserve recognition just for the kindness,
live, arranging for the rebuilding. He
15 million people, spanning three states. The
decency and strength he brings to situ-
pulled that town back together and from
legal New York City is a fraction of that
ations and to all who know him. But in
5:30 Friday, when the tornado struck,
area, with 7.5 million people jammed into
until Monday, Mayor Dumke was a "tor-
its confines.
addition to these sterling qualities of
character, he has excelled as a leader
nado" himself.
The selection of which people live inside
in municipal affairs and as a talented
So, today I want to pay special and
and outside the borders of legal New York
public servant. Serving in his fourth term
heartfelt tribute to Mayor Dumke and
City is not random; it is the end-product of
as mayor of Oak Lawn, Ill., he was re-
congratulate him on his election as Pres-
two generations of national policy.
cently elected president of the Illinois
ident to the Illinois Municipal League. I
Two great waves of population change have
swept through the old cities=an in-gather-
Municipal League. I can think of no in-
know I speak for many people when I
ing of the poor from the South and Puerto
dividual more deserving of this honor
commend him for his past accomplish-
Rico and an outflow to the suburbs of more
than Mayor Fred M. Dumke.
ments and wish his continued success in
affiuent whites. The two streams are not
Mayor Dumke is a most persuasive and
the future.
equal in volume. New York and most other
far-sighted leader who is responsible for
old cities have had net losses of population:
Neal Peirce, author-columnist, has estimated
instituting the highly effective council-
URBAN ILLS
the New York loss at almost & half-million
manager form of government in Oak
people in the past five years.
Lawn. He has been in the forefront of
HON. ROBERT W. EDGAR
And the racial and economic gap between
efforts to better municipal procedures.
the inner city and its suburbs has grown even
This is not surprising, for he is surely
OF PENNSYLVANIA
faster than population has declined. Ed
one of the most knowledgeable people in
Hamilton, the former New York City budget
IN THE HOUSE OF REPRESENTATIVES
the country when it comes to municipal
chief, cites figures showing the city's median
Wednesday, November 5, 1975
family income is now only half that of its
government. While serving for 8 years
suburbs.
as village trustee in Oak Lawn he also
Mr. EDGAR. Mr. Speaker, the House
That is, of course, exactly what the Kerner
worked diligently in the area of institut-
will be considering next week legislation
Commission meant when it warned seven
ing public improvements within the com-
with far-reaching philosophical, finan-
years ago that "our nation is moving toward
E 5880
CONGRESSIONAL RECORD-Extensions of Remarks
November 5, 1975
two societies, one black, one white-separate
experimental. We can now say that it has
ers would be eligible for a clemency dis-
and unequal."
been an overwhelming success and de-
charge.
It is not New York alone that has been
serves our fullest support.
On September 15 four members of the
victimized by these trends. The same kind
of change-often at a more rapid rate-has
I am happy to say that I have heard
Presidential Clemency Board issued a
hit Baltimore, Boston, Detroit, Cleveland,
nothing but good reports on the activities
minority report highly critical of the
Philadelphia, St. Louis, Chicago, San
that have occurred under this program.
composition, staffing, policies and credi-
Francisco, and, yes, even such "new" cities
During the testimony given before our
bility of the operations and decisions of
as Denver and Salt Lake City.
Subcommittee on National Parks and
the PCB. An AP release of September 19
Behind all these trends lies federal policy.
Recreation witnesses praised the pro-
stated:
Federally financed farm mechanization pro-
gram emphatically and the bill was
President Ford's clemency board was
grams cost thousands of farm jobs for south-
passed without amendment.
stacked with anti-war liberals who distorted
ern blacks; federally financed defense jobs
lured those blacks to the northern cities.
As our Bicentennial approaches we will
the intent of the program, urged prison in-
The failure of the federal government to
be placing more and more emphasis on
mates to apply and voted clemency in cases
provide uniform national income mainte-
the need to interpret the history of our
involving civilian felony convictions includ-
Nation and share this information with
ing rape and murder, four board members
nance programs made it advantageous for
say.
the poor to remain in the northern cities,
visitors to our parks. The Volunteers in
even when the jobs began to move away.
the Parks program is timely and will play
The Veterans of Foreign Wars of the
And, of course, federal housing subsidies
a key role in meeting this need.
United States, a major veterans orga-
and mortgage guarantees built the new
It is particularly important to note
nization opposed to both unconditional
suburban communities to which the af-
fluent whites fled from those poor-infested
that those taking part in the program
and conditional "amnesty" for draft
center cities. And federal funds built the
are not paid. The funds are to be used to
dodgers and military deserters, praised
commuter highways on which they made
reimburse the incidental expenses of the
the minority members for their forth-
their exit.
volunteers for such items as their gaso-
right stand in this matter.
Never during this process did federal of-
line costs for transportation, occasional
I insert at this point the VFW release
ficials say, "This is going to end in disaster
meals or lodging while on duty in the
of September 19 along with a short sum-
unless we find some way to allow those cities
park, and uniforms. The cost to the Fed-
to expand their borders to encompass the
mary of the minority report of the Pres-
suburbs we have created around them."
eral Government has been estimated to
idential Clemency Board's operations:
Instead, federal officials said annexation
be 28 cents per volunteer per hour. There
VFW LEADER HAILS GEN. LEWIS WALT'S
was a matter of state policy, and most
are few programs which can boast such a
LATEST SERVICE TO AMERICA
states kept the cities from expanding. Those
high return for so low an outlay of funds.
WASHINGTON, D.C.-(September 19, 1975)-
officials said the city's claims to equality
The volunteers have demonstrated re-
Thomas C. "Pete" Walker, National Com-
of representation in Congress and the legis-
markable talents. Their duties range
mander-in-Chief of the Veterans of Foreign
latures was a matter for the courts. But, by
from giving information to visitors, to
Wars of the United States, today hailed Gen-
the time the courts got around to enunciat-
ing the one man-one vote doctrine, the cities
participating in living history demon-
eral Lewis Walt, USMC (Ret.), for "telling-
strations. It should be noted that those
it-like-it-is" in revealing the calculated ef-
were already being emptied of all but the
poor.
who benefit include not only the visitors
fort of the Goodell-dominated majority of
the 18-man Presidential Clemency Board to
Those same federal officials turned their
but the local communities, the Park Serv-
change President Ford's "earned re-entry"
backs on yet a third problem-the problem
ice and the volunteers themselves. They
program for convicted military deserters and
of school desegregation, leaving that, too,
are very dedicated to their work and take
draft dodgers into a mass mechanism for
to the courts. And the courts, pursuing their
great pride and enjoyment in doing it
unconditional Presidential pardons depart-
own necessarily circumscribed mandate
well.
ing totally from President Ford's "earned re-
have imposed "solutions"-like busing in
I know of no controversy over this leg-
entry" guidelines.
the big-city school systems-that have ac-
islation and urge its adoption by the
(Mr. Walker continues the V.F.W. position
celerated the fight to the suburbs and the
House.
of "disagreeing" with the President on his
decay of the old center cities.
clemency program "without being disagree-
That is the reality that lies behind the
able.")
New York City crisis. But it is complicated
to discuss in these terms, and uncomfort-
THE
PRESIDENTIAL
CLEMENCY
General Walt, former Marine Vietnam com-
mander and assistant Commandant of the
able for those like the President and the
BOARD'S MINORITY REPORT
Corps, selected the V.F.W. to "assure that
congressional leaders, who have been on the
veterans of America fully comprehend how
scene for 25 years while these forces were
gathering momentum unchecked.
HON. JOHN M. ASHBROOK
the pro-amnesty majority of the President's
Clemency Board distorted and attempted to
It's so much easier to blame it all on
OF OHIO
defeat the President's guiding concept."
John Lindsay, Abe Beame, the greedy New
IN THE HOUSE OF REPRESENTATIVES
"Fortunately," the straight-talking veteran
York unions and the avaricious New York
banks, and pretend it can't happen else-
Wednesday, November 5, 1975
of 41 years of military service continued, "I
have been assured that, in light of the Minor-
where.
Mr. ASHBROOK. Mr. Speaker, as I
ity Report, which I am furnishing the V.F.W.,
It not only can happen elsewhere, it will.
have poined out elsewhere in the CON-
the President will take positive action to
And who will our "leaders" blame then?
GRESSIONAL RECORD, various news ac-
forestall the cynical effort on the part of the
counts and a minority report of four
Goodell-dominated staff and Board majority
to inundate the White House staff and the
Clemency Board members have raised
President with thousands of recommended
INCREASING APPROPRIATION AU-
substantive questions relating to the
pardons, many for convicted criminals. A
THORIZATION FOR VOLUNTEERS
conduct of the President's clemency pro-
Presidential pardon must be viewed as a
gram covering deserters and draft
prized and relatively infrequent occurrence."
IN THE PARKS PROGRAM
dodgers of the Vietnam war era.
General Walt and three of his associates
By far the most serious charges con-
on the Board, Dr. Adams, Mr. Dougovito and
SPEECH OF
cerned the Presidential Clemency Board
Colonel Harry Riggs, signed and made avail-
HON. DON H. CLAUSEN
able to the V.F.W. a searing critique of the
which was established over a year ago
pro-amnesty bias of the hand-picked major-
OF CALIFORNIA
and which went out of business on Sep-
ity of the enlarged 18-person Board. (Gen-
IN THE HOUSE OF REPRESENTATIVES
tember 15 of this year. The 18-member
eral Walt was on the original nine-man
panel was empowered to relieve of pros-
Board selected by the President in Septem-
Tuesday, November 4, 1975
ecution and punishment any convicted
ber 1974. The Board went out of business
Mr. DON H. CLAUSEN. Mr. Speaker, I
deserters, convicted draft dodgers, and
on September 15, 1975 at midnight.)
strongly support increasing the funding
those still serving sentences for such vio-
Thomas C. "Pete" Walker, the V.F.W.
authorization for the Volunteers in the
lations. Applicants who applied before
leader, cited General Walt for "his latest
Parks program and urge passage of this
March 31, 1975, executed an agreement
service to America in blowing the whistle
on Goodell and his syncophants and causing
bill.
acknowledging their allegiance to the
a careful case-by-case review of clemency
It is a very simple and straightfor-
United States, pledged to fulfill a period
requests by the Department of Justice and
ward proposal which raises the existing
of alternative service under the auspices
the White House to be instituted."
authorization level from $100,000 to
of the Director of Selective Service and
A summary of General Walt's tell-it-like-
$250,000. The original level was based on
satisfactorily completed such service
it-is Minority Report on Presidential Clem-
the idea that the program was new and
would be eligible for such relief. Desert-
ency Board (PCB) operations is enclosed.
November 5, 1975
CONGRESSIONAL of Remarks
5881
SUMMARY: MINORITY REPORT OF THE PRESI-
and dedicated, were generally blased against
free Unconditional Pardon and a Clemency
DENTIAL CLEMENCY BOARD'S OPERATIONS
the military and the Vietnam War and had
Discharge to replace your less than honorable
PURPOSE
practically no experience in or with the mili-
discharge." We believe this is quite a dif-
tary. The work they did in preparing the case
ferent connotation and meaning than was
The purpose of this report is to reflect the
summaries was, as a result, often amateurish,
initially argued by the Chairman and Execu-
views of a minority of the members of the
biased, and many times incomplete. In
tive Staff last October. Further, a person who
PCB concerning the composition, staffing,
reality, the young staff attorneys themselves,
has been convicted of a felony (a crime
policies and credibility of the operations and
were of the same influence and were generally
punishable by imprisonment for more than
decisions of the PCB.
without the benefit of any experience with
one year) may legally purchase a firearm
COMPOSITION OF THE BOARD
the Military Forces, which compounded the
from a licensed firearms dealer if the person
The original nine-member Board appointed
problem. Also, these young "case writers"
convicted of said felony has received an un-
by the President represented a fair balance
were instructed by some senior staff member
conditional Presidential Pardon. The Presi-
among liberal, middle-of-the-road and con-
to present the case "in the best light." Con-
dential Pardon, however, only applies to Fed-
servative views. This group in its early meet-
sequently, many of the resulting summaries
eral offenses.
ings established and adopted policies and
were an inaccurate presentation of facts on
In the early months of the Board's de-
guidelines by which decisions of the Board
which the Board members had to make their
liberations a real effort was made to main-
would be determined in accordance with the
decisions.
tain the "meaningfulness" and "value" of the
President's Executive Order and Proclama-
Over-staffing, lack of organization, lack of
Clemency Discharge. For such offenses as.
tion. However, many of these policies were
personnel discipline and improper utilization
AWOL from combat, refusal to go to com-
changes when the membership of the Board
of personnel assets were evident throughout.
bat, multiple and long AWOLs, civil convic-
was increased to eighteen members in May
Management built up the staff to a peak of
tions for felony; the Board would normally
1975. By his own admission, the Chairman
over six hundred professional and admin-
vote "no clemency." However, and in sharp
had a fairly free hand in picking the new
istrative personnel. This appeared to be con-
contrast, during the latter months of the
siderably more than was necessary to get the
Board members and he included two mem-
Board's operation and after the more am-
bers of his staff. The new Board members
job done if proper organization and super-
vision had been practiced. For example, on
nesty-oriented eighteen-member Goodell-in-
were not given an orientation on Board
1 July, at the peak of the six hundred plus
fluenced Board came into being, clemency
policies and guidelines. This led to much
staff, it was stated by a senior member that
was voted in cases involving multiple AWOLs
confusion. Initially, it was difficult for the
OMB believed that less than half of the
(8) from the battlefield; multiple refusals to
new Board members to make sound decisions,
secretaries were being used effectively in the
go into combat; multiple (as high as ten
due to lack of knowledge of Board oper-
production process. Even with this surplus
AWOLs) and long (seven years) AWOLs;
ation. The Chairman gave guidance which,
of secretaries, only one was assigned to all
civilian felony convictions (rape, murder,
on occasions, seemed not to be strictly in
of the eighteen Board members. Regular
manslaughter, grand larceny, armed robbery,
accordance with previous Board policy and
working hours were not established nor
aggravated assault). Also a man given an Un-
decisions. At this point, the Board as a whole
observed-employees seemed to come and go
desirable or even Punitive Discharge for a
became a more amnesty-oriented, Goodell-
at their convenience. On a week-day mid-
few days or even hours of AWOL (which, ac-
influenced group, with Goodell, in turn,
afternoon in July (the Board's busiest
cording to the Board General Counsel's rul-
seemingly under the influence of the Gen-
month), the Personnel Director made a head-
ing, qualified him for the Clemency Board
eral Counsel and his somewhat biased anti-
count and over one hundred sixty employees
Program) was recommended for a pardon and
Vietnam War staff. From this point on, the
could not be accounted for.
clemency discharge, by a bare majority vote,
Board became, in effect, a captive of the
APPLICANTS
even though the official offense charged
Chairman and the Staff, and policy decisions
might include aggravated assault, disrespect
were made by the Chairman and the Gen-
In the first four months of the program,
to officer or NCO, striking an officer or NCO,
eral Counsel which influenced Board actions
only some eight hundred individuals made
wrongful appropriation of personal or gov-
and results without the realization of Board
application to the PCB. This appeared to be
ernment property, etc. This again was a turn-
members.
due primarily to a lack of proper publicity
about from the policy set by the nine-mem-
An example of the continual effort of the
and understanding of the program. In Jan-
ber Board. Another questionable move, con-
Board's Executive Staff to distort the Presi-
uary 1975, the members of the Board ini-
dent's Program was a written proposal by a
tiated a nationwide publicity program which
doned by the Chairman, was to make drug ad-
diction a mitigating factor on behalf of the
senior staff member to "create some doubt
resulted in several thousand new applica-
in the minds of people" about the meaning
tions. Further, the Chairman, without the
applicant and drug use as a possible qualifi-
knowledge of the Board, wrote letters to all
cation for mitigation. The Board, on the
of a Clemency Discharge. In making such a
other hand, was instructed not to consider
proposal, the Staff member suggested, in a
major penal institutions of the United
memorandum, that "one way to generate
States, advising them that inmates who met
the use of drugs as an aggravating factor
such ambiguity" would be to invite Honor-
the eligibility criteria should apply. This
even though such use was unlawful. This
penitentiary mail produced over two thou-
change from the nine-member Board policy
ably Discharged Veterans to request clem-
sand applications, on which the Board has
again was strenuously objected to by the con-
ency discharges "as an expression of their
opposition to the Vietnam War."
taken action, and in the majority of cases,
stantly "out-voted" majority.
The idea of using the Presidential Clem-
recommended pardons. In contrast with this
CONCLUSION
ency Board as a vehicle to incite great num-
is the fact that President Truman's Amnesty
We believe that the original concept and
bers of Honorably Discharged Veterans to
Board refused clemency for all persons hav-
plan as conceived and announced by the
"express their opposition to the Vietnam
ing a prior criminal record of one or more
President was a good, sound, workable plan,
War" would be a gross dis-service to the
serious offenses, stating, "The Board would
but the President's objectives have not been
President.
have failed in its duty to society and to the
attained because of the misdirection and
memory of the men who fought and died to
STAFFING
maladministration of the plan. We feel
protect it, had amnesty been recommended
Since the PCB was only a temporary
deeply obligated and honor bound to ap-
in these cases."
organization, it was determined by the
praise the President of these facts.
President, through OMB, that no funds
Changes in board policy and deviation
It appears that the Chairman and his
would be made available to hire a permanent
from the spirit and intent of the Executive
Executive Staff have misinterpreted, circum-
staff. Rather, all administrative and opera-
order and proclamation.
vented and violated at least the spirit of the
tional personnel would be detailed "on loan"
The first significant move on the part of
Executive Order of 16 September 1974, and
from other agencies. In the beginning, DOD
the Chairman and his Executive Staff, in our
Proclamation No. 4313. This questionable ac-
offered its facilities and professional trained
opinion, was to introduce the word "pardon"
tion has been initiated, it appears, to in-
personnel to prepare the case summaries,
into the Clemency decision on each appli-
crease the number of "eligible" applicants,
but this offer was rejected by the Board's
cant's case although the word "pardon" never
to liberalize the decisions of the majority
General Counsel. We feel that this assistance
appeared once in the President's Executive
of the Board in order to gain more favorable
would have been a real asset to the Board
Order or Proclamation. The Chairman and
decision for the applicants, and to set a lib-
effort in that the summaries would have been
Executive Staff argued that "pardon" and
eral precedent relative to Executive pardons
objective and factual. It was turned down
"clemency" were synonymous terms and they
closely associated with felonious crimes. A
on the grounds that the General Counsel
won the argument, by claiming the tacit ap-
move which could degrade the true meaning
felt the briefs must be prepared by lawyers.
proval from the White House, over the stren-
of a Presidential pardon. The actions, in our
The result was that attorneys were detailed
uous objection of some of the Board Mem-
opinion, are not only unethical, but they
from other agencies to work with the Gen-
bers. Eventually in the Board decisions and
may also border on illegality, and could
eral Counsel and his associates in the prep-
in letters going to the applicant after the
greatly discredit the President's Clemency
aration of applicant cases. Due to the num-
Board action, the words "clemency" and
Program in the eyes of the American public.
ber of cases to be presented within a very
"pardon" were no longer used as synonymous
In short, we have lost confidence in the
short period, the legal staff was augmented
terms but were separated and used in the
Board results, which under Chairman Good-
by approximately two hundred law students
terms of "a pardon" and a "Clemency Dis-
ell's direction are being recommended to the
acting as legal interns during their summer
charge." We quote from a letter dated July
President. We feel that the limited capa-
vacation. However, approximately ninety per-
16, 1975, written to an applicant and signed
bility of the already hard-pressed White
cent of the cases were military and these
by Chairman Goodell, The President has
House staff to monitor and screen these rec-
young men and women, even though eager
signed a master warrant granting you a full,
ommendations, is inadequate to insure that
5882
CONGRESSIONAL RECORD - Extensions of Remarks
November 5, 1975
the President will approve only recommenda-
advocate, nor has it been needlessly har-
agency charged with enforcing relevant
tions which meet his high standards. This
assed with petitions for action or infor-
laws, or petition an agency to take ac-
problem is further aggravated by a backlog
mation. On the contrary, the New Jer-
tion to correct the problem. But it does
of some ten thousand cases which may soon
sey Public Advocate has, in many cases,
not have the authority to compel an-
be dumped on the White House Staff in a
assisted various departments and agen-
other Federal agency to take action to
short period of time.
We believe that the recent steps the Presi-
cies in New Jersey in focusing on prob-
remedy a specific consumer problem. If
dent has taken to terminate the Clemency
lems they had previously not been aware
the Federal agency declines to take re-
Board activity on September 15, 1975, and
of or had not realized affected large num-
medial action, it is required only to no-
to place the Program under the auspices of
bers of citizens.
tify the CPA in writing of the reasons
the Attorney General-more specifically-un-
For example, recently the department
for not acting. In contrast, the New
der the direction of the Pardon Attorney of
of the public advocate filed a Superior
Jersey Division of Citizen Complaints has
the Department of Justice, is a very sound
Court suit challenging the dominance of
the authority to investigate any com-
move. It is our hope that the Pardon Attorney
the State Real Estate Commission by real
will take a close and conscientious look at the
plaint from any citizen relating to the
Clemency Board recommendations, so as to
estate brokers. In the suit the advocate
action or inaction of a State agency. If
insure that the value of the Clemency Dis-
asked that the statute governing the
the complaint division determines that
charge is restored to its original respected
commission be declared unconstitutional
the agency's action or failure to act is
level, and only those applicants who deserve
because broker members control the set-
unjustified, it may notify the public ad-
the discharge are awarded it.
ting of rules and regulations for the
vocate. The advocate can then turn the
We, as a minority of the Presidential Clem-
State's real estate industry. The present
results of the investigation over to the
ency Board, do not believe that:
statute requires that five of the seven
division of public interest advocacy
Any man who has two or more convictions
commission members be brokers and
which has the authority to institute a
(civilian or military) of serious crimes on
have at least 10 consecutive years of
his record, should be given clemency. We do
proceeding before any department, com-
not believe that a man who deserted his
broker experience. The sixth member is
mission, agency or board of the State
comrades on the battlefield in Vietnam or
a government official, and the seventh is
with responsibility for solving such
who refused to go to Vietnam when he was
the sole member representing the pub-
complaints.
so ordered, should be given clemency.
lic. After the public advocate identified
The effectiveness of State consumer
We believe, as did the Truman Board, that
this problem, several members of the
and public advocates in no way elimi-
when the majority of the Board recommends
State legislature moved to act on re-
nates or reduces the need for the prompt
clemency in such cases, it has failed in its
duty to society, and to the memory of those
structuring the Board.
establishment of a Federal consumer
men who fought and died to protect it. We
Both the New Jersey Public Advocate
protection agency. A Federal CPA would
also feel that it has been negligent in carry-
and the Federal CPA can intervene in
not duplicate the States' consumer
ing out its responsibility and has not ful-
ratemaking proceedings. The New Jer-
agency efforts but would supplement
filled its obligations to protect the integrity
sey Public Advocate has recently chal-
and extend them. State consumer agen-
of the Presidency.
lenged the $155 million rate increase re-
cies are often unable to represent con-
quested by New Jersey Bell in a petition
sumers before Federal agencies, and are
to the State Board of Public Utility Com-
helpless in influencing many Federal de-
missioners. The Department's Division of
OFFICE OF PUBLIC DEFENDER
cisions affecting consumers, like the Rus-
Rate Counsel is also seeking to have the
sian wheat deal which caused a huge
automatic adjustment clause in the tele-
jump in the price of bread and animal
HON. ANDREW MAGUIRE
phone company's contract revoked as il-
feed. State agencies are often powerless
OF NEW JERSEY
legal because it passes on to the public
to protect their constituents against
"the major cost burden without appro-
IN THE HOUSE OF REPRESENTATIVES
abusive consumer products which orig-
priate scrutiny in an adversary setting"
inate in other States. Federal agencies
Wednesday, November 5, 1975
according to Public Advocate Stanley
have the responsibility to endorse laws
Mr. MAGUIRE. Mr. Speaker, during
Van Ness. The Division of Rate Counsel
dealings with interstate shipment of
the 6 years that the Senate has consid-
claims that the adjustment clause is il-
shoddy or unsafe merchandise and with
ered consumer protection legislation, we
legal because it violates constitutional
hazards such as commercial flights
have amassed thousands of pages of con-
requirements of due process in failing to
carrying radioactive cargo. But in the
gressional hearings, recorded the testi-
afford public notice and an opportunity
past when Federal agencies have not
mony of scores of witnesses and docu-
to be heard.
enforced these standards and laws, State
mented in laborious detail the numer-
While the New Jersey Public Advocate
agencies have usually had little success
ous abuses which have resulted, in large
in many ways parallels the consumer
in compelling them to do SO.
measure, from the absence of effective
protection agency proposed in H.R. 7575,
Mr. President, the New Jersey statute
consumer advocacy before Federal regu-
it is also stronger in several ways. Un-
exemplifies the increased awareness on
latory agencies. A few well-publicized ex-
like the Federal CPA, a New Jersey ad-
the past of State governments of the
amples include rubber-stamping of air
vocate's case cannot be overturned on
need to provide representation for public
fare increases, nonenforcement of nurs-
the ground that the advocate improperly
and consumer interests before State
ing home standards, flammable fabrics
identified the public interest which he
agencies and departments. Without un-
in children's clothes, and oil companies
chose to represent. The "public interest"
necessary fuss or drawn-out debate, the
ballooning their already inflated profits.
which the New Jersey Public Advocate
New Jersey legislature and Governor
While we have discussed, debated, and
has the responsibility to represent is
Byrne have acted decisively to enact leg-
analyzed every section and line of the
defined as "an interest or right arising
islation to represent its citizens before
consumer protection bill over the years,
from the Constitution, decisions of court,
State agencies and departments. I would
the State of New Jersey has expeditious-
common law, or other laws of the United
like to include in the RECORD a recent
ly created its own public advocate. On
States or of this State inhering in the
summary by the New Jersey Department
May 13, 1974, Gov. Brendan T. Byrne
citizens of this State or in a broad class
of the Public Advocate of some of its
signed into law the department of the
of such citizens." These are the sole cri-
activities:
public advocate which like the Federal
terion on which the advocate makes his
OFFICE OF THE PUBLIC DEFENDER
CPA has the authority to represent and
decision on whether he- may properly
intervene or not. Using the above statu-
The upward trend in the over-all Public
protect the public in ratemaking or other
Defender caseload continued during the past
administrative and judicial proceedings
tory definition of "public interest" the
quarter after a full fiscal year during which
but has no regulatory power.
public advocate has intervened in a wide
the Office handled a record 37,891 assign-
This successful working model of a
range of activities including public ac-
ments. Now that the new court year has be-
State CPA, included within the New Jer-
cess to beaches, postcard registration,
gun, the Office is begining to receive requests
sey Department of the Public Advocate,
residence requirements for persons tak-
from assignment judges for additional Public
has disproven the predictions about the
ing the civil service exam, unsafe nursing
Defender staff in their regions. It has not
homes, and others.
been possible to honor these requests because
deleterious effect of a public advocate on
no additional staff was allocated to the Office
the workings of government. The New
Under H.R. 7575, when the CPA re-
in the 1976 Budget. Funds also are unavail-
Jersey government has not been immo-
ceives complaints from consumers, it may
able to retain additional private counsel.
bilized by the intervention of the public
refer the complaint to a Federal or State
In some counties there are now more than
1) Upgrade (Dod C. 60)
2) In hen of q subst for
3) Xmas visit
4) V.A. benefits
5) Jelony cases
FORDO is LIBRARY CERALD
Hordlon Lidyl
6) Commitation of A.S.
10/27/76.
.
9900 Terminated or Never Applied.
1500 Completed
+350 still enrolled
1700
7/UD in Alsentra for
714 Dod p126
356 Dog.
Dod who didn't
628 PCB
participate (3000)
1/4/77/95 - mg w/ Pres Ford.
1) Upgrade (Dod 0.60)
2) In her of q subst for
3) X.mas visit
4) V.A. benefits
5) Jelony cases
- Gordon Liddy
6) Commitation of A.S.
10/27/76
GERALD
9900 Terminated or Never Applied.
1500 completed
+350 still enrolled
1700
7/00 in Afientia for
714 Dad P126
356 Doy.
Dod who We't
628 FCB
partreipate (3000)
PRESS RELEASE
PRESS RELEASE
UNIVERSITY OF NOTRE DAME
Division of Information Services
Notre Dame, Indiana
For further information call:
Embargoed until
Lawrence M. Baskir
6:00 P.M. EST
William A. Strauss
January 15, 1977
(202) 296-1767
BROAD RELIEF URGED FOR
VIETNAM-ERA OFFENDERS
Washington, D.C., January 15, 1977.
R.
FORD
D'LIBRARY
A wide-ranging program of relief for Vietnam-era
military and draft offenders was proposed in a report issued
today by the University of Notre Dame's Center for Civil
Rights.
The report, "Reconciliation After Vietnam," proposes
a 41-point program offering relief to over a half-million
people punished or still facing charges for non-violent
offenses committed during the Vietnam war. Its major recom-
mendations are:
- Military offenders court-martialed for offenses in
Vietnam or for refusing to serve in Vietnam should have their
cases reviewed individually
- No relief should be offered to anyone convicted of
serious combat-related desertion or civilian-type crimes
- All other military offenders should be given
General Discharges
(More)
- 2 -
- Veterans' benefits should be granted only to the
50,000 who served honorably in Vietnam, and to those with at
least two years of good military service
- Pardons should be granted to persons convicted of
draft and other non-violent offenses related to the war
- Those still facing prosecution for these offenses
should have their cases dropped
The report does not recommend universal, unconditional
amnesty.
"If those who committed very serious offenses are
barred from relief," it states, "the American people can be
confident that a full measure of forgiveness will be given
only to those who deserve it."
According to the report, "Amnesty is most
appropriately viewed as a question of social justice, not
anti-war ideology. The economically and socially disadvantaged
did most of the fighting. They also paid most of the penalties
for not fighting."
The report blames much of the divisiveness about
amnesty on popular "myths" surrounding the young men commonly
labeled "draft evaders" and "deserters." For example:
Myth: Young men who avoided military service were
punished.
Fact: Draft avoidance was widespread among the
27,000,000 men of draft age during the
Vietnam era. Sixteen million never
served in the military, two-thirds of
whom took positive steps to avoid the
draft through legal means. Just 8,800
were convicted for "draft evasion."
Myth: "Draft evaders" and "deserters" were white,
well-educated, and staunchly anti-war.
Fact: The overwhelming majority of Vietnam-
era offenders came from underprivileged
backgrounds. Almost half of all "draft
evaders" were members of minority groups
(More)
- 3 -
who never registered for the draft.
Three-quarters of the "deserters" were
high school dropouts, and less than
1% ever graduated from college. Most
offenses were motivated primarily by
personal or family problems.
Myth: Many "deserters" were cowards who fled
from combat, endangering their fellow
troops.
Fact: Very few "desertion" offenses were
connected with service in Vietnam. Just
24 servicemen were convicted of desertion
to avoid hazardous duty in Vietnam. About
2,000 others were punished for less serious
absence offenses in the combat zone, and
another 7,000 for refusing to report there --
a small fraction of the 100,000 servicemen
who bear the label of "deserter."
The report follows a year-long study supported by a
special grant from the Ford Foundation. Its authors, Lawrence
M. Baskir and William A. Strauss, were formerly top officials
in the Ford Clemency Program. The findings of the report
are based on extensive field research, new statistical infor-
mation, and data from official sources.
"This report is the most thorough analysis ever done
on Vietnam-era offenders, and also on any amnesty attempt in
American history," according to Father Theodore M. Hesburgh,
President of the University of Notre Dame and chairman of the
study advisory committee.
"I hope that the findings and recommendations in this
report can steer us all toward a practical, comprehensive
resolution of one of the major tragedies of the Vietnam era,"
he added.
The other members of the advisory committee are:
U.S. Senator Charles Mathias of Maryland; William Klaus, a
Philadelphia attorney; Morris Janowitz, Professor of military
sociology of the University of Chicago; Roger Kelley, Vice
President of the Caterpillar Tractor Co., and formerly an
(More)
- 4 -
Assistant Secretary of Defense, Eddie Williams of the Joint
Center for Political Studies, and Professor Jefferson
Fordham of the University of Utah Law School.
Excerpts from the report are attached. Copies may
be obtained from the University of Notre Dame Press, Notre
Dame, Indiana 46556, or the Vietnam Offender Study offices
at 1826 Jefferson Place, N.W., Washington, D.C. 20036.
(END)
12/4/77/95
Pres,
1) Clemency
2) Paley
3) Gordon Liddy
4) CBI, Colleton River
5) Concorde & Reo,
GETATO R. FORD TIRRAT
AMCHINES AND IN RECORDS
Gerald R. Ford Library
1000 Beal Avenue Ann Arbor, Michigan 48109-2114
1985
Memo to the pile:
Copies (3) of the final report have been removed and added
to the Ford Library book collection.
LET 11/89
A Presidential Library Administered by the National Archives and Records Administration