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1506015
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Miscellaneous
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1506015
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document
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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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1506015
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1977-12-31
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12
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1977
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1974-11-01
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11
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1974
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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 Charles Goodell donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 # BASELINE AGG MIT. DECISION HES, WALT, Doves 549 16 MO ) / 14 MO HES, o'c, WHIT, MAME 551 12 MO - 9,10 9 Mo = 958 3 2/2 1,5 24 Mo " 737 24 MO I 4,9 6 Mo 11 780 24 MO 5 11 24 Mo 743 H Mo * 3 40 304 21 MO 8 Brood FORD i GERALD LIBRARY * BASELINE IS CORRECT 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 37 40 Sh 68 71 72 ib 8' 12 35 * 26 28 41 99 80 49 / 9.8 16 * 100 * 7 * X * \ 4 91 9 17 20 21 30 31 41 57 58 74 79 83 91 94 102 I I To Mr. Goodell Date Time 12:25 A.M. P.M WHILE YOU WERE OUT M Leslie Stall CBS of Area Code & Exchange 296-1234 TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL WANTS TO SEE YOU URGENT GERAUD ACAINO Jorden RETURNED YOUR CALL Message Would like to have an interview with you. D.Ebbie Operator GINN'S 4-006055 will Long ford UOY SHHW bee alps 6605 03ИОНЯ3. 131 132 OT COLLIAD 333.01 STAAW atodel ,W spay I знию O'Connor 4,(8),3,1,6,7 Paller 3,1,18), 4,6 Nickolas 5,1 Straus 2,3,6A, SA lebitiN Everhard 4,(8) Lally 4,6A BERALD R. FORD LIBRARY stort Craig 5,6,7 Maye 4,18),5,6A,7 ing) Lauffmann 2,4,5,7 down) Adams 6,7 whis Vinson 456 tiggs 5,7 vatimel W sanratio dits CEG (8) 754,32 relle D Poole Pl sealaktip Handwerger HJ,E/L w Mitchell B t Lulus, Tropp AN IC what Frote zani I 1 print PALIE ,(8) 4 just Knisely Hom P number Barkir Pid [ amahl Hilbert Lergian unnil Remirgton PIC Quartel your 25 copies > 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