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18558975
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Manual of Proclamations, Executive Orders and Messages Concerning the Clemency Program (2)
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18558975
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document
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Manual of Proclamations, Executive Orders and Messages Concerning the Clemency Program (2)
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Charles E. Goodell Papers
Presidential Clemency Board Subject Files
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Amnesty
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18558975
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1974-09-30
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9
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1974
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1974-09-01
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The original documents are located in Box 7, folder "Manual of Proclamations, Executive
Orders and Messages Concerning the Clemency Program (2)" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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 7 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library
ONLY 11 IED
VLE
LMF
CLASS
CIC
FOR MESSAGE CENTER/ COMMUNICATIONS CENTER ONLY
RELEASER TIME
ACT
INFO
DATE TIME MONTH
Y
01 OF 07
2591600
RR
RR
UUUU
BOOK
MESSAGE HANGLING INSTRUCTIONS
immed
CWL Pean DIA
45825
attach a
FROM: SECNAV WASHINGTON DC
affair
TO: ALNAV 81
171809ZSop74
UNCLAS //N01600//
PRELIMMIARY PREL IM:11
IMPLEMENTATION GUIDANCE FOR THE PRESIDENT'S PROGRAM FOR THE RETURN
OF MILITARY DESERTERS
F
A. PRESIDENT'S EXECUTIVE ORDER OF 16 SEP 1974
1. THIS MESSAGE PROVIDES POLICY GUIDANCE FOR THE IMPLEMENTATION
0
THE PRESIDENT'S PROGRAM. THE SECRETARY OF DEFENSE, SERVICE
SECRETARIES, AND SERVICE CHIEFS DESIRE THAT THE PROGRAM BE FULLY
SUPPORTED IN THE SPIRIT AS WELL AS THE LETTER OF THE PROCLAMATION.
2. THE GENERAL CONCEPT OF THE PROGRAM IS AS FOLLOWS:
A- THE DESERTER WILL BE ENCOURAGED TO MAKE INITIAL CONTACT WITH
THE RESPECTIVE SERVICE CLEMENCY INFORMATION POINT BY REGISTERED MAIL
OR TELEPHONE AND WILL RECEIVE REPORTING INSTRUCTIONS.
B. THERE WILL BE A JOINT CLEMENCY PROCESSING CENTER LOCATED AT
b
FORT BENJAMIN HARRISON, INDIANA FOR THE PROCESSING OF RETURNEES FROM
5
4
ALL SERVICES.
3
2
C. PERSONNEL ELIGIBLE FOR THE PRESIDENT'S PROGRAM ARE THOSE
1
0
INDIVIDUALS CARRIED ADMINISTRATIVELY AS DESERTERS WHO MEET THE
DISTR:
DRAFTER: 098/RELEASER SECNAV
STANDARD ALNAV DISTRIBUTION
0
FORD i LIBRARY EERAL
DRAFTER TYPED NAME. TITLE. OFFICE SYMBOL. PHONE & DATE
SPECIAL INSTRUCTIONS
RADM J.B. LINDERS OP-098, 54337, 16SEP74
TYPED NAME. TITLE, OFFICE 436 SYMBOL AND PHONE
CMC*
090 *
CHNAVPERS
JAG*
007*
RELEASER
* HAVE CHOPPED
SIGNATURE
SECURITY CLASSIFICATION
DATE TIME GROUP
UNCLASSIFIED
DD
1 JUL 73
FORM 173 (OCR)
S/N 0102-001-6000
* U.S.G.P.O. J 521-635
Unin
UNCLASSIFIED
PAGE
DRAFTER OR
PRECEDENCE
LMF
CLASS
CIC
FOR MESSAGE CENTER/ COMMUNICATIONS CENTER ONLY
RELEASER TIME
ACT
INFO
DATE TIME
MONTH
YR
02 OF 07
RR
RR
UUUU
BOOK
MESSAGE HANDLING INSTRUCTIONS
FOLLOWING CRITERIAM:
{1} THE LAST PERIOD OF ABSENCE BEGAN ON OR BETWEEN THE DATES
OF 4 AUGUST 1964 AND 28 MARCH 1973.
{2} THERE ARE NO MILITARY OFFENSES PENDING OTHER THAN
VIOLATION OF THE UCMJ, ARTICLES 85, 86, AND 87 OR MILITARY OFFENSES
DIRECTLY RELATED THERETO.
D - THE ENLISTED DESERTER WILL BE GIVEN THE OPPORTUNITY TO APPLY
FOR AN UNDESIRABLE DISCHARGE AFTER HE AGREES TO THE PERFORMANCE OF
ALTERNATE SERVICE AND SIGNS A REAFFIRMATION OF ALLEGIANCE.
IN LIEU OF
E. THE OFFICER DESERTER WILL BE ALLOWED TO RESIGN TO ESCAPE
TRIAL BY COURT MARTIAL AFTER HE AGREES TO THE PERFORMANCE OF
ALTERNATE SERVICE AND SIGNS A REAFFIRMATION OF ALLEGIANCE- HE WILL
THEN BE ISSUED A DISCHARGE UNDER OTHER THAN HONORABLE CONDITIONS.
F. THE REQUIRED PERIOD OF ALTERNATE SERVICE WILL BE DETERMINED
BY THE SERVICE SECRETARIES ACTING THROUGH THE JOINT ALTERNATE
6
SERVICE BOARD ON A CASE BY CASE BASIS.
5
4
G. AFTER THE PERIOD OF ALTERNATE SERVICE HAS BEEN DETERMINED BY
3
2
THE JOINT ALTERNATE SERVICE BOARD, THE INDIVIDUAL WILL BE DIRECTED
1
0
TO REPORT TO A STATE DIRECTOR OF SELECTIVE SERVICE FOR THE
DISTR:
D
DRAFTER TYPED NAME. TITLE. OFFICE SYMBOL. PHONE & DATE
SPECIAL INSTRUCTIONS
rono
GERALD
LIBRARY
TYPED NAME. TITLE. OFFICE SYMBOL AND PHONE
RELEASER
SIGNATURE
SECURITY CLASSIFICATION
DATE TIME GROUP
UNCLASSIFIED
DD
1 FORM JUL 73 173 (OCR)
S/N
DATE TIME
MONTH
YR
03 OF 07
RR
RR
UUUU
BOOK
MESSAGE HANDLING INSTRUCTIONS
PERFORMANCE OF ARTERNATE SERVICE.
3. AT NO TIME WILL THE DESERTER WHO IS ELIGIBLE FOR THE PROGRAM BE
PLACED UNDER GUARD OR IN CONFINEMENT UNLESS HE COMMITS AN OFFENSE
SUBSEQUENT TO HIS RETURN TO MILITARY CONTROL.
4. ALL INDIVIDUALS NOW IN CONFINEMENT WHO MEET THE ELIGIBILITY
CRITERIA OF PARAGRAPH 2C {ABOVE} AND WHO ACCEPT THE TERMS OF THE
PRESIDENT'S PROGRAM ARE TO BE RELEASED. SPECIAL INSTRUCTIONS ON THE
RETROACTIVE APPLICATION OF THE PRESIDENT'S PROGRAM WILL BE SENT BY
SEPARATE MESSAGE TO INCLUDE INSTRUCTIONS ON THE RELEASE OF THOSE NOW
IN CONFINEMENT.
5. IN THE EVENT A DESERTER WHO MEETS THE CRITERIA OF PARAGRAPH 2C
TURNS HIMSELF IN AT A MILITARY INSTALLATION, THE FOLLOWING WILL
APPLY.
A. INSTALLATION PERSONNEL WILL NOTIFY THE RESPECTIVE SERVICE
CLEMENCY INFORMATION POINT, BY THE MOST DIRECT MEANS AVAILABLE, AS
b
TO THE INDIVIDUAL'S NAME, RANK, SSAN/SERVICE NUMBER, DATE HIS
5
4
UNAUTHORIZED ABSENCE BEGAN, DUTY STATION AT TIME ABSENCE BEGAN,
3
2
PLACE AND DATE OF BIRTH. INSTALLATION PERSONNEL SHOULD HAVE THE
1
0
RETURNEE COMPLETE A RECORD OF EMERGENCY DATA {A COPY OF THE RECORD
DISTR:
0
DRAFTER TYPED NAME. TITLE. OFFICE SYMBOL. PHONE & DATE
SPECIAL INSTRUCTIONS
TYPED NAME. TITLE. OFFICE SYMBOL AND PHONE
GERALD FORD LIBRARY
RELEASER
SIGNATURE
SECURITY CLASSIFICATION
DATE TIME GROUP
UNCLASSIFIED
DD
FORM
1 JUL 73
173 (OCR)
S/N 0102-001-6000
* U.S.G.P.O. 3 521-635
UNCLASSIFIED
AUE
CRAPTER OR
PRECEDENCE
LMF
CLASS
CIC
FOR MESSAGE CENTER/ COMMUNICATIONS CENTER ONLY
RELEASER TIME
ACT
INFO
DATE TIME
MONTH
YF
04 OF07
RR
RR
UUUU
BOOK
MESSAGE HANDLING INSTRUCTIONS
OF EMERGENCY DATRO:HOULD BE FORWARDED WITH THE INDIVIDUAL TO THE
PROCESSING CENTER}o: THE RESPECTIVE SERVICE CLEMENCY INFORMATION
POINTS ARE AS FOLLOWS:
{1} ARMY. U.S. ARMY CLEMENCY INFORMATION POINT, FORT BEN
HARRISON, INDIANA 46216. {COMMERCIAL PHONE {317} 542-3417. AUTOVON
699-34173.
{2} NAVY. CHIEF OF NAVAL PERSONNEL {PERS 83}, DEPARTMENT OF
THE NAVY, WASHINGTON, D.C. 20370. {COMMERCIAL PHONE {202} 694-2007.
AUTOVON 224-2007}.
{3} MARINE CORPS. HEADQUARTERS, U.S. MARINE CORPS CODE MC}
WASHINGTON, D.C. 20380. {COMMERCIAL PHONE {202} 694-8526. AUTOVON
224-8526}.
{4} ATR FORCE. U.S. AIR FORCE, CLEMENCY INFORMATION POINT
[AFMPC/DPMAK}, RANDOLPH AIR FORCE BASE, TEXAS 78148. {COMMERCIAL
PHONE {512} 652-4104. AUTOVON 487-41043.
6
B. THE DESERTER WILL NOT BE ISSUED UNIFORMS EXCEPT FOR
5
4
MAINTENANCE OF BASIC HEALTH AND WELFARE PURPOSES.
3
2
C. ELIGIBLE DESERTERS RETURNING TO MILITARY CONTROL WILL NOT
1
0
BE REQUIRED TO CONFORM TO MILITARY STANDARDS OF APPEARANCE AND WILL
DISTR:
0
FORD
DRAFTER TYPED NAME. TITLE. OFFICE SYMBOL, PHONE & DATE
SPECIAL INSTRUCTIONS
GERALD
LIBRARY
TYPED NAME. TITLE. OFFICE SYMBOL AND PHONE
RELEASER
SIGNATURE
SECURITY CLASSIFICATION
DATE TIME GROUP
UNCLASSIFIED
DD
1 FORM JUL 73 173 (OCR)
S/N 0102-001-6000
* U.S.G.P.O. s 521-835
UNCLASSIFIED
PAGE
DRAFTER OR
PRECEDENCE
LMF
CLASS
CIC
FOR MESSAGE CENTER/ COMMUNICATIONS CENTER ONL
RELEASER TIME
ACT
INFO
DATE TIME
MONTH
Y
05 OF 07
RR
RR
UUUU
BOOK
MESSAGE HANDLING INSTRUCTIONS
BE TREATED WITHFCCURTESY COMMENSURATE WITH THE PRESIDENT'S
PROCLAMATION.
TO:
D. . IF THE RETURNING DESERTER ARRIVES WITH DEPENDENTS,
INSTALLATION PERSONNEL SHOULD ASSIST IN THE LOCATION OF NON-
GOVERNMENT ACCOMMODATIONS.
E. IF THE RETURNING DESERTER AND/OR HIS DEPENDENTS ARE IN NEED
OF IMMEDIATE MEDICAL CARE, SUCH CARE SHOULD BE PROVIDED.
F. THE RESPECTIVE SERVICE CLEMENCY INFORMATION POINTS WILL
PROVIDE INSTRUCTIONS FOR THE HANDLING OF SPECIAL CASES.
6. ALL DESERTERS WHO DO NOT MEET THE CRITERIA OF PARAGRAPH 2 WILL
BE PROCESSED IAW CURRENT PROCEDURES.
7. PUBLIC AFFAIRS GUIDANCE. BECAUSE OF THE OVERRIDING NATIONAL
INTEREST IN THE PRESIDENT'S ANNOUNCEMENT ON CLEMENCY PROCEDURES FOR
DRAFT EVADERS AND MILITARY DESERTERS, THE ASSISTANT SECRETARY OF
DEFENSE {PUBLIC AFFAIRS} IS RESPONSIBLE FOR DIRECTION AND
6
COORDINATION OF ALL PUBLIC AFFAIRS ACTIVITIES CONCERNING DESERTERS,
5
4
DISCHARGES AND CLEMENCY. MAXIMUM INFORMATION WILL BE DISSEMINATED
3
2
TO THE PUBLIC WHILE AT THE SAME TIME GIVING DUE CONSIDERATION OF THE
1
0 RIGHTS OF THE INDIVIDUAL- THE CLEMENCY PROCESSING CENTER {CPC} WILL
DISTR:
0
DRAFTER TYPED NAME. TITLE. OFFICE SYMBOL. PHONE & DATE
SPECIAL INSTRUCTIONS
GERALA FORD BRARY
TYPED NAME. TITLE. OFFICE SYMBOL AND PHONE
RELEASER
SIGNATURE
SECURITY CLASSIFICATION
DATE TIME GROUP
UNCLASSIFIED
DD
FORM
1 JUL 73
173 (OCR)
S/N 0102-001-6000
* U.S.G.P.O
JOINT MESSAGEFORM
UNCLASSIFIED
PAGE
DRAFTER OR
PRECEDENCE
LMF
CLASS
CIC
FOR MESSAGE CENTER/ COMMUNICATIONS CENTER ONLY
RELEASER TIME
ACT
INFO
DATE TIME
MONTH
YR
06 OF 07
RR
RR
UUUU
BOOK
MESSAGE HANDLING INSTRUCTIONS
BE MANNED BY REPRESENTATIVES OF ALL THE MILITARY DEPARTMENTS, AND
THE CPC -INFORMATION CHIEF WILL REPORT DIRECTLY TO THE ASD{PA} FOR
ALL PUBLIC AFFAIRS MATTERS. PUBLIC AFFAIRS GUIDANCE, RECOMMENDA-
TIONS AND ACCOMPANYING SERVICE IMPLEMENTING INSTRUCTIONS TO ALL
COMMANDS, WILL BE COORDINATED IN ADVANCE WITH OASD{PA}.
A. ALL PERSONNEL WHO WILL HAVE DIRECT CONTACT WITH DESERTERS
MUST HAVE AN UNDERSTANDING OF POSSIBLE PUBLIC AFFAIRS PROBLEMS AND A
THOROUGH FAMILIARIZATION WITH PUBLIC AFFAIRS GUIDANCE CONTAINED
HEREIN. ACCORDINGLY, THE RESPONSIBLE COMMANDER SHALL INITIATE
PROCEDURES FOR BRIEFING SUCH PERSONNEL.
B. THE INTERVIEWING AND PHOTOGRAPHING OF DESERTERS BY NEWS
MEDIA REPRESENTATIVES AFTER' THEIR RETURN TO MILITARY CONTROL IS
PERMITTED UNDER THE FOLLOWING CONDITIONS.
{1} THE DESERTER GIVES HIS PERSONAL CONSENT. DESERTERS
SHOULD BE ADVISED THAT THEY DO NOT HAVE TO AGREE TO SUCH INTERVIEWS
6
AND PHOTOGRAPHS.
5
4
{2} THE INTERVIEW/PHOTOGRAPHING DOES NOT INTERFERE WITH THE
3
2
EFFICIENT AND ORDERLY PROCESSING OF THE DESERTER.
1
0
C. MILITARY PERSONNEL AND PUBLIC AFFAIRS OFFICERS SHOULD NOT
DISTR:
0
DRAFTER TYPED NAME. TITLE. OFFICE SYMBOL. PHONE & DATE
SPECIAL INSTRUCTIONS
GERALD
VORDING
TYPED NAME. TITLE. OFFICE SYMBOL AND PHONE
RELEASER
SIGNATURE
SECURITY CLASSIFICATION
DATE TIME GROUP
UNCLASSIFIED
FORM 177 (OCR)
JOINT MESSAGEFORM
UNCLASSIFIED
PAGE
DRAFTER OR
PRECEDENCE
LMF
CLASS
CIC
FOR MESSAGE CENTER/ COMMUNICATIONS CENTER ONLY
RELEASER TIME
ACT
INFO
DATE TIME
MONTH
YR
07 OF 07
RR
RR
UUUU
BOOK
MESSAGE HANDLING INSTRUCTIONS
ATTEMPT TO PROVIDMOFFICIAL COMMENTS OR SPECULATION ON THIS SUBJECT.
D. QUERIES RECARDING THE NUMBER OF DESERTERS PROCESSING THROUGH
AN INSTALLATION MAY BE ANSWERED. HOWEVER, THE NAMES OF DESERTERS
MAY NOT BE RELEASED WITHOUT THEIR PERSONAL CONSENT-
E. QUERIES RECEIVED CONCERNING DRAFT EVADERS WILL BE REFERRED
TO THE DEPARTMENT OF JUSTICE EAC 202-739-42817.
6
5
4
3
2
1
0
DISTR:
0
DRAFTER TYPED NAME. TITLE. OFFICE SYMBOL. PHONE & DATE
SPECIAL INSTRUCTIONS
GERALD FORD LIBRARY
TYPED NAME. TITLE. OFFICE SYMBOL AND PHONE
REL EASER
SIGNATURE
SECURITY CLASSIFICATION
DATE TIME GROUP
UNCLASSIFIED
DD
FORM
1 JUL 73
173 (OCR)
Z. 01 05
PP PP
UUUU
Dtg 1823042 Sep zz
SECNAV WASHINGTON DC
ALNAV - 83
UNCLAS //N01600//
RETROACTIVE APPLICATION OF THE PRESIDENT'S PROGRAM FOR MILITARY
DESERTERS
A. SECNAV 1718092/81 SEP 74
1. IN AMPLIFICATION OF PARAGRAPH 4 OF REF A 7 THE FOLLOWING INFOR-
MATION AND GUIDANCE ARE PROVIDED TO ASSIST IN THE PROCESSING OF
MEMBERS QUALIFIED FOR THE SUBJECT PROGRAM BUT WHOSE CASES HAVE BEEN
COMPLETED OR IN WHICH COURT-MARTIAL OR ADMINISTRATIVE PROCESSING IS
CONTEMPLATED OR IN PROGRESS.
COMMANDS PROCESSING COURT-MARTIAL CASES SOLELY FOR THE OFFENSES
OF DESERTION {ARTICLE 85, UCMJ}, UNAUTHORIZED ABSENCE {ARTICLE 863 OR
MISSING MOVEMENT {ARTICLE 87}, OR OTHER MILITARY OFFENSES DIRECTLY
RELATED THERETO, OCCURRING DURING THE PERIOD 4 AUGUST 1964 THROUGH
28 MARCH 1973 {HEREINAFTER REFERRED TO AS "QUALIFYING OFFENSES"}
WILL COMPLY WITH THE GUIDANCE CONTAINED HEREIN. ANY QUESTIONS
REGARDING A MEMBER'S ELIGIBILITY SHOULD BE RESOLVED IMMEDIATELY BY
TELCON TO THE CHIEF OF NAVAL PERSONNEL {COMMERCIAL 202-694-2007;
FORD & LIBRARY
J.M. Farrell
CMC KM
siuse
CDR L M FARRELL, JAG:20, 44906, 18SEP74
02 H
CNO WOHD
JAG 001 HBR
09BCRL
D S POTTER, SECNAV {ACTING}
CNP TAD
DCNP
F
CABL
NSPATTS
UNCLASSIFIED
UNCLASSIFIED
02 05
AUTOVON 224-2007} OR TO THE COMMANDANT OF THE MARINE CORPS {COMMER-
CIAL 202-694-8526; AUTOVON 224-8526}.
3. CASES IN WHICH CHARGES ARE PENDING, BUT HAVE NOT BEEN REFERRED
TO TRIAL:
ALL PROCESSING OF SUCH ELIGIBLE CASES WILL BE SUSPENDED FOR A
PERIOD OF TIME {NOT TO EXCEED 14 DAYS} TO AFFORD THE MEMBER THE OP-
PORTUNITY TO PARTICIPATE IN THE SUBJECT PROGRAM. UPON RECEIPT OF A
WRITTEN REQUEST FROM THE MEMBER FOR DELAY IN THE PROCESSING OF HIS
CASE AND TO PARTICIPATE IN THE PRESIDENT'S CLEMENCY PROGRAM, PRO-
CESSING OF THE CHARGES WILL BE SUSPENDED AND THE MEMBER WILL BE
TRANSFERRED UNDER TECHNICAL ARREST ORDERS OR STRAGGLERS ORDERS AS
ROPRIATE, TO THE NAVY CLEMENCY PROCESSING UNIT OR MARINE CORPS
CLEMENCY PROCESSING UNIT, JOINT CLEMENCY PROCESSING CENTER, FORT
BENJAMIN HARRISON, INDIANA, {JCPC}, FOR DISPOSITION.
4. CHARGES REFERRED TO TRIAL -- TRIAL HAS NOT COMMENCED: MEMBER
MAY PARTICIPATE IN THE SUBJECT PROGRAM. UPON RECEIPT OF A WRITTEN
REQUEST FROM THE MEMBER FOR DELAY IN THE PROCESSING OF HIS CASE TO
PARTICIPATE, THE CONVENING AUTHORITY WILL WITHDRAW CHARGES FROM
THE COURT TO WHICH THEY HAVE BEEN REFERRED IN ACCORDANCE WITH
REFORDS
UNCLASSIFIED
03 05
PARAGRAPH 56, MCM, 1969 {REV.}, AND THE MEMBER WILL BE TRANSFERRED
TO THE JCPC.
5. CHARGES REFERRED TO TRIAL -- ACCUSED HAS BEEN ARRAIGNED:
MEMBER MAY PARTICIPATE IN THE SUBJECT PROGRAM. UPON RECEIPT OF A
WRITTEN REQUEST FROM THE MEMBER FOR WITHDRAWAL OF THE CHARGES IN HIS
CASE AND FOR DELAY IN PROCESSING HIS CASE TO PARTICIPATE, THE CON-
VENING AUTHORITY SHOULD WITHDRAW THE CHARGES FROM THE COURT TO WHICH
THEY HAVE BEEN REFERRED IN ACCORDANCE WITH PARAGRAPH 56, MCM, 1969
{REV.}, AND THE MEMBER WILL BE TRANSFERRED TO THE JCPC.
6. ALL CONFINED MEMBERS REFERRED TO IN PARAGRAPHS 3, 4, AND 5 ABOVE
SHOULD BE IMMEDIATELY RELEASED FROM CONFINEMENT IF THEY HAVE REQUEST-
ED TO PARTICIPATE IN THE PROGRAM. THEY SHOULD BE ADVISED THAT
FAILURE TO REPORT AS ORDERED TO THE JCPC WILL NOT ONLY CONSTITUTE AN
ADDITIONAL OFFENSE UNDER THE UCMJ, BUT THAT THE ADDITIONAL OFFENSE
WILL REMOVE THEM FROM ELIGIBILITY FOR THE PRESIDENTIAL CLEMENCY
PROGRAM. CHARGE SHEETS AND ALLIED PAPERS SHOULD BE FORWARDED WITH
HIS LOCAL SERVICE RECORD, AND THE CHIEF OF NAVAL PERSONNEL {PERS 38}
OR COMMANDANT OF THE MARINE CORPS {CODE MMEA} AS APPROPRIATE,
SHOULD BE ADVISED BY MESSAGE OF THE MEMBER'S TRANSFER.
UNCLASSIFIED
04 05
7. MEMBERS WHO HAVE BEEN TRIED AND CONVICTED BY COURT-MARTIAL SOLELY
FOR QUALIFYING OFFENSES, WITH OR WITHOUT DISCHARGE ADJUDGED, AND WHO
ARE CURRENTLY SERVING CONFINEMENT PURSUANT TO SUCH CONVICTION ARE NOT
ELIGIBLE FOR TRANSFER TO THE JCPC AS IN PARAGRAPHS 3, 4, AND 5 ABOVE.
SUCH MEMBERS MAY, HOWEVER, SUBMIT APPLICATION TO THE PRESIDENTIAL
CLEMENCY BOARD PRIOR TO 31 JANUARY 1975 FOR A REVIEW OF THEIR CASES.
UPON RECEIPT FROM THE MEMBER OF A WRITTEN APPLICATION TO THE PRESI-
DENTIAL CLEMENCY BOARD, AND REQUEST FOR RELEASE FROM CONFINEMENT,
THE COMMANDING OFFICER OF THE CONFINEMENT FACILITY SHOULD RELEASE
THE MEMBER FROM CONFINEMENT. THE APPROPRIATE GCM AUTHORITY SHOULD BE
NOTIFIED AND SHOULD ISSUE A SUPPLEMENTARY COURT-MARTIAL ORDER sus-
PENDING ANY REMAINING CONFINEMENT PENDING COMPLETION OF PRESIDENTIAL
CLEMENCY ACTION. THE MEMBER SHOULD BE RETURNED TO DUTY OR, UPON HIS
REQUEST, MAY BE GIVEN LEAVE WITHOUT PAY PENDING THE RESULTS OF
APPELLATE REVIEW AND/OR THE RESULTS OF THE PRESIDENTIAL CLEMENCY
BOARD.
8. MEMBERS TRIED AND CONVICTED OF QUALIFYING OFFENSES WHO HAVE BEEN
SENTENCED TO BE DISCHARGED BUT WHO ARE NOT IN CONFINEMENT AND WHO ARE
AWAITING APPELLATE REVIEW MAY ALSO APPLY TO THE PRESIDENTIAL CLEMENCY
BOARD PRIOR TO 31 JANUARY 1975 FOR REVIEW OF THEIR CASE.
05 05
9. IT IS ANTICIPATED THAT EX-SERVICE MEMBERS WHO HAVE RECEIVED
OTHER THAN HONORABLE DISCHARGES MAY REQUEST INFORMATION FROM MILI-
TARY COMMANDS REGARDING APPLICATION FOR THE PRESIDENT'S CLEMENCY
PROGRAM. SUCH FORMER MEMBER SHOULD BE ADVISED AS TO:
A. THE NATURE OF QUALIFYING OFFENSES AND THE TIME SPAN OF THE
ELIGIBILITY PERIOD.
B. THAT HIS ONLY CHANNEL OF RELIEF IS TO APPLY IN WRITING TO
THE PRESIDENTIAL CLEMENCY BOARD, OLD EXECUTIVE OFFICE BUILDING, THE
WHITE HOUSE, WASHINGTON, D. C. 20500, FOR REVIEW OF HIS CASE.
10. IN THE CASE OF ELIGIBLE MARINES WHOSE TRANSFER IS CONTEMPLATED
PURSUANT TO THE PROVISIONS OF PARAGRAPHS 3, 4, AND 5 ABOVE, ORDERS
TO JCPC WILL BE ISSUED BY CMC ONLY. FOR NAVY PERSONNEL, SUCH
ORDERS WILL BE ISSUED IN ACCORDANCE WITH DOD MILITARY PAY AND
ALLOWANCES ENTITLEMENT MANUAL.
FO,
01 02
PP
UUUU
YES
CSAF WASH DC/JAJM
AIG ALMA JCOM
UNCLAS ALMAJCOM
FOR JA. PASS TO SUBORDINATE CM JURISDICTIONS AND TJO'S AT BASES
WITHIN YOUR COMMAND. SUBJECT: DISPOSITION OF DESERTION CASES
OCCURRING DURING VEITNAM PERIOD. THIS MSG IN TWO PARTS. PART I:
THE PRESIDENT HAS BY PROCLAMATION OF 16 SEP 74 MADE SPECIAL
PROVISION FOR DISPOSITION OF INDIVIDUALS WHO DESERTED MILITARY
SERVICE BETWEEN 4 AUG 1964 AND 28 MARCH 1973. PENDING ISSUANCE
OF ADMINISTRATIVE INSTRUCTION FOR PROCESSING SUCH CASES, TRIAL
BY COURT-MARTIAL WILL NOT REPEAT NOT BE HELD IN ANY CASE
INVOLVING CHARGES OF VIOLATION OF UCMJ, ARTICLES 85, 86, OR 87
WHEN THE OFFENSE WAS COMMITTED OR THE ABSENCE BEGAN BETWEEN
R AUG 63 AND 28 MAR 73. REQUEST HQ USAF/JAJM BE INFORMED OF ANY
SUCH CASES CURRENTLY PENDING OR WHICH MAY ARISE IN THE FUTURE
WHEN TRIAL BY COURT-MARTIAL IS DEEMED APPROPRIATE. TRIAL WILL
BE HELD IN THESE CASES ONLY AFTER PRIOR APPROVAL OF HQ USAF/JA.
PART II: ADVISE HQ USAF/JAJM OF NAMES OF ANY ACCUSED CURRENTLY
CONFINED IN BASE CONFINEMENT FACILITIES AS A RESULT OF
BERALD FORD VICKARY
WALTER L. LEWIS,JAJM,CH435770,18SCP74
W. M. BURCH II,COL IR,USAF JUD
UNCLASSIFIED
02 02
CONVICTION OF A VIOLATION OF UCMJ, ARTICLES 85, 86, OR 87 WHEN
THE OFFENSE WAS COMMITTED OR THE ABSENCE BEGAN BETWEEN 4 AUG 63
AND 28 MAR 73. NEGATIVE REPORTS REQUIRED.
R.FOR
SCRALD
UNCLASSIFIED
H
*******UNCLASSIFIED*******
NAVAL MESSAGE
NAVY DEPARTMENT
PRIORITY
P 202315Z SEP 74/111
FM CMC WASHINGTON DC
FEBARE DIRTROY PREVIOUS COPY COPIES
THE 13 4 CORRECTED
TO ALMAR
UNCLAS / /N01620// SECTION 1 OF 3
IMPLEMENTATION GUIDANCE FOR THE PRESIDENT'S PROGRAM FOR THE RETURN 0
MILITARY DESERTERS
A. ALNAV 81
B. ALNAV 82
C. ALNAV 83
1. PURPOSE. TO SUPPLEMENT THE INFORMATION CONTAINED IN REFS A, B ,
AND C
2. BASIC ELIGIBILITY FOR DESERTERS
G
A. LAST PERIOD OF ABSENCE BEGAN ON OR BETWEEN 4 AUGUST 1964 AND
28 MARCH 1973
B. NO MILITARY OFFENSES PENDING OTHER THAN VIOLATION OF ARTICLE
55, 86, AND 87, UCMJ, OR OTHER PURELY MILITARY UFFENSES DIRECTLY
RELATED THERETO
3. FINAL ELIGIBILITY FOR DESERTERS
A. REPORT TO MILITARY AUTHORITIES AS PRESCRIBED BEFORE 31 JAN-
UARY 1975
B. EXECUTES STATEMENT REAFFIRMING ALLEGIANCE AND PLEDGING TO
PERFORM SPECIFIC PERIOD OF ALTERNATE SERVICE
4. BASIC CUNCEPT
A. EACH SERVICE OPERATES A CLEMENCY INFORMATION POINT (CIP) TO
DETERMINE DESERTER ELIGIBILITY AND PROVIDE REPORTING INSTRUCTIONS
B. DESERTERS ARE ENCOURAGED TO MAKE INITIAL CONTACT WITH RESPEC
TIVE SERVICE CIP BY TELEPHONE OR REGISTERED MAIL
(1) TELEPHONE:
U. S. MARINE CORPS:
(202) 694-8926
(202) 694-8526
U. S. NAVY:
(202) 694-2007
(202) 694-1936
U.S. ARMY:
(317) 542-2722
(317) 542-2791
(317) 542-2482
U.S. AIR FORCE; (512) 652-4104
U. S. COAST GUARD:
(202) 426-1830
(2) REGISTERED MAIL
M/R CORRECTED TEXT/PSN 158905/KW/D// CORRECTION TO SECTION ONE ONLY///
09M...ACT
SN 00 00G 09 090 96 04 05 94.1 982 JAG GMF NCSC
ONTROL NO.
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CRALD GRALD R. FORD
ECALLED
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DATE TIME GROUP
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202315Z
0
*******UNCLASSIFIED*******
*******U NCLASSIFIED*******
AVAL MESSAGE,
NAVY DEPARTMENT
MARINE CORPS - HEADQUARTERS, 11. S. MARINE CORPS, (MC),
THE NAVY, WASHINGTON, D.C. 20370
AIR FORCE - U. S. AIR FORCE DESERTER INFORMATION POINT,
(AFMDC/DPMAK) RANDOLPH AIR FORCE BASE, TEXAS 78148
ARMY - U. S. ARMY DESERTER INFURMATION POINT, FORT REN-
JAMIN HARRISON, INDIANA 41216
Co. U. S. ARMY OPERATES A JOINT CLEMENCY PRUCESSING CENTER (JCPC
LOCATED AT FT BENJAMIN HARRISON, INDIANA
D. EACH SERVICE OPERATES 4 CLEMENCY PROCESSING UNIT (CPU) FOR
THE PRUCESSING OF ITS UWN APPLICANTS AT THE JCPC
5. IMPLEMENTATION OF CONCEPT
A. INITIAL SCREENING, VERIFICATION OF BASIC ELIGIBILITY, AND
ISSUANCE OF ORDERS WILL BE ACCOMPLISHED BY MARINE CORPS CIP, HEAD-
QUARTERS, U. S. MARINE CORPS (CODE MC)s WASHINGTON, D.C. 20380;
AUTOVON 224-8526, 224-8926: COMMERCIAL 202-694-8526, 202-694-8926
B. FINAL VERIFICATION OF ELIGIBILITY AND PROCESSING WILL BE
ACCOMPLISHED BY MARINE CORPS CPU AT FT BENJAMIN HARRISON, INDIANA
C. CMC AND CO, MARINE CORPS CPU WILL BE SOLE AUTHORITIES FOR
ADMINISTRATIVE DISCHARGE OF MILITARY DESERTERS PURSUANT TO PRESIDENTS
PROGRAM
A. APPLICANTS OTHER THAN MARINE CORPS MEMBERS WHO INQUIRE BY
MAIL OR TELEPHONE REGARDING THE PRESIDENT'S PROGRAM WILL BE REFERRED
TO THE RESPECTIVE CIP IF THEIR SERVICE
B. PROCESSING OF MARINE CORPS APPLICANTS
(1) AFTER AN APPLICANT MAKES INITIAL CONTACT WITH THE MARINE
CORPS CIP A DETERMINATION WILL BE MADE TO VERIFY HIS BASIC ELIGIBIL-
ITY FUR THE PROGRAM, IF ELIGIBLE, A REPLY WILL BE SENT AFFIRMING
ELIGIBILITY AND PROVIDING REPORTING INSTRUCTION. IF NOT ELIGIBLE,
REPLY WILL INDICATE REASONS FOR DISQUALIFICATION (E.C., DATE OF
DESERTION IS OTHER THAN THE REQUIRED PERIUD/OTHER CHARGES PENDING)
AND PROVIDE INSTRUCTIONS ON HOW TU RETURN TU MILITARY CONTROL
(2) THE FOLLOWING INFORMATION WILL BE PROVIDED BY THE MARINE
CORPS CIP UPON INITIAL CONTACT BY APPLICANTS:
(A) YOU ARE ELIGIBLE FOR CLEMENCY UNDER THE PRESIDENTIAL
PROCLAMATION IF --
-1- YOUR ABSENCE BEGAN ON OR BETWEEN 4 AUGUST 1964
AND 28 MARCH 1973
-2- YOU REAFFIRM ALLEGIANCE TO THE UNITED STATES,
UNDERSTAND YOUR ACTIONS ARE CONSIDERED WILLFUL AND PERSIS-
TENT UNAUTHORIZED ABSENCE AND PLEDGE TO PERFORM ALTERNATE SERVICE
-3- YOU REPORT TO MILITARY AUTHORITIES AND EXECUTE
THESE STATEMENTS BEFURE 31 JANUARY 1975 IN ACCORDANCE WITH INSTRUC-
TIONS WHICH WILL BE MAILED TO YOU
-4- YOU HAVE COMMITTED NO) OFFENSES AGAINST THE UCMJ
OTHER THAN VIOLATIONS OF ARTICLES 85, 80, AND 87, OCCURRING ON OR BE
TWEEN 4 AUGUST 1964 AND 28 MARCH 1973 AND PURELY MILITARY OFFENSES
DIRECTLY RELATED THERETO
-A- IF YOU HAVE OTHER OFFENSES PENDING, THEY MUST
E DISPOSED OF IN ACCURDANCE WITH LAW BEFORE YOU ARE ELIGIBLE R.OFORD
EMENCY
DATE TIMBIGROUP GERALD
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*******U NCLASSIFIE D*******
IAVAL MESSAGE
NAVY DEPARTMENT
(0) IF YOU ARE NOT SURE YOU MEET THESE ELIGIBILITY RE-
QUIREMENTS, YOUR RECORD CAN BE REVIEWED
-1- IF YOU ARE NOT ELIGIBLE, YUU WILL BE INFORMED BY
MAIL OF THE REASONS FOR YOUR DISQUALIFICATION
-2- IF YOU ARE ELIGIBLE, YOU WILL RECEIVE FURTHER
INSTRUCTIONS TO REPORT TO FT BENJAMIN HARRISON, IND
(C) A PERIOD OF ALTERNATE SERVICE WILL BE DETERMINED
-1- NORMALLY, THIS PERIOD WILL BE 24 MONTHS
-2- THE PERIOD MAY BE REDUCED BASED ON
-A- LENGTH OF SATISFACTORY SERVICE BEFORE YOUR
ABSENCE
-B- LENGTH OF SERVICE IN SOUTHEAST ASIA IN A
HOSTILE FIRE ZONE
-C- AWARDS AND DECORATIONS RECEIVED
-D- WOUNDS RECEIVED IN COMBAT
-E- YOUR ACTIVITIES DURING YOUR PERIOD OF ABSENCE
-3- YOUR ALTERNATE SERVICE WILL BE SUPERVISED BY THE
DIRECTOR OF SELECTIVE SERVICE AND WILL BE DESIGNED TO PROMOTE THE
NATIONAL HEALTH, SAFETY, OR INTEREST
(D) YOUR FORM FOR REAFFIRMING YOUR ALLEGIANCE TO THE
UNITED STATES AND AN AGREEMENT TO PERFORM ALTERNATE SERVICE WILL BE
COMPLETED
(E) SHURTLY AFTER YOU SIGN THESE FURMS YOU WILL RECEIVE
AN UNDESIRABLE DISCHARGE
(F) AFTER YOUR DISCHARGE, YOU MUST THEN REPORT WITHIN 15
DAYS AFTER RECEIVING THIS DISCHARGE TO YOUR STATE DIRECTOR OF SELEC-
TIVE SERVICE AND ARRANGE TO PERFORM YOUR ALTERNATE SERVICE
(G) AFTER YOU COMPLETE YOUR ALTERNATE SERVICE, YOUR SEL-
ECTIVE SERVICE OFFICE WILL INFORM US.
BT
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NAVAL MESSAGE
NAVY DEPARTMENT
RIORITY
P 2023152 SEP 74/111
FM CMC WASHINGTON DC
TO ALMAR
UNCLAS SECTION 2 OF 3
(H) WE WILL THEN ISSUE YOU A CLEMENCY DISCHARGE
(I) IF YOU UNDERSTAND ALL JF THIS AND WANT TO BE CONSID-
ERED FOR CLEMENCY, I WILL NEED CERTAIN INFORMATION FROM YOU
-1- FULL NAME (LAST NAME, FIRST NAME, MIDDLE NAME)
-2- RANK
-3- SERVICE NUMBER
-4- SOCIAL SECURITY ACCOUNT NUMBER
&5- CURRENT MAILING ADDRESS, INCLUDING ZIP CODE
-6- CURRENT TELEPHONE NUMBER, INCLUDING AREA CODE
-7- DATE ABSENCE BEGAN
-8- DUTY STATION AT TIME ABSENCE BEGAN
9-9- DATE AND PLACE OF BIRTH
(J) BASED ON THE INFORMATION YOU HAVE GIVEN, YOUR RECORD
WILL BE REVIEWED TO DETERMINE IF YOU ARE ELIGIBLE FUR CLEMENCY
(K) YOU SHOULD AWAIT FURTHER INSTRUCTIONS WHICH WE WILL
END TO YOU BY MAIL
L : DO NOT REPORT TO A FACILITY UF THE ARMED FORCES AT
HIS TIME
(M) KEEP US INFORMED OF ANY CHANGE IN THE ADDRESS AND
TELEPHONE NUMBER YOU HAVE GIVEN
(N) IF YOU NEED TO CONTACT US, THE TELEPHONE NUMBER IS
202-694-8526 UP. YOU CAN WRITE TO US AT HEADQUARTERS, U.S. MARINE
CORPS (CODE MC) WASHINGTON, D.C. 20380
7. APPLICANTS VOLUNTARILY ENTERING INTO MILITARY CONTROL
A. APPLICANTS OTHER THAN MARINE CORPS MEMBERS
(1) CONTACT APPROPRIATE SERVICE CIP FÜR DISPOSITION INSTRUC-
YIONS
(2) INFORM MARINE CORPS CIP BY TELEPHONE AND INSURE CIP IS
INFO ADDEE UN PERTINENT MESSAGE TRAFFIC
B. PROCESSING OF MARINE CORPS APPLICANTS
(1) NOTIFY MARINE CORPS CIP
(2) CIP WILL TAKE PRIURITY ACTION TU VETERMINE BASIC ELIGIBI-
LITY AND PROVIDE DISPOSITION INSTRUCTIONS
C. INTERIM MEASURES PENDING DISPOSITION OF APPLICANTS
(1) PRESUME ELIGIBLE AND TREAT ACCORDINGLY UNTIL DETERMINED
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*******U NCLASSIFIE D*******
AVAL MESSAGE-
NAVY DEPARTMENT
OTHERWISE
(2) INFORM INDIVIDUAL HE IS SUBJECT TO MILITARY CONTROL AND
IS TECHNICALLY APPREHENDED
(3) DO NOT REPEAT NOT PLACE IN CONFINEMENT OR UNDER GUARD
(4) ESCURT INDIVIDUAL TO SUITABLE PRIVATE SPACE FOR COUNSEL-
ING ON CLEMENCY PROGRAM BY APPROPRIATE OFFICER
(5) ACCORD INDIVIDUAL CIVIL TREATMENT WITHOUT SPECIAL PRIVI-
LEGE
(6) PERMIT ONLY INDIVIDUAL, HIS BUNA FIVE DEPENDENTS, AND HIS
COUNSEL ON STATION
(7) SEGREGATE INDIVIDUAL AND DEPENDENTS FROM UNNECESSARY CON-
TACT WITH MILITARY PERSONNEL. THE WELL-BEING OF THE INDIVIDUAL IS A
PRIME CONSIDERATION
(8) ISSUE ONLY HEALTH AND COMFORT ITEMS AS MAY BE REQUIRED TO
MAINTAIN BASIC WELFARE. SUCH ISSUE WILL NOT EXCEED THOSE ITEMS LIST-
ED IN PARAGRAPH 312.2 OF SECNAV INSTRUCTION 1640.9, TO BE PROVIDED A
MISCELLANEOUS ISSUE." INDIVIDUAL UNIFORM CLUTHING WILL NOT BE
ISSUED
(9) DO NOT REQUIRE CONFORMITY WITH MARINE CORPS STANDARDS OF
APPEARANCE
(10) TREAT WITH COURTESY COMMENSURATE WITH THE PRESIDENT'S
PROCLAMATION
(11) EFFECT ALL FEASIBLE MEASURES TU PRECLUDE HARASSMENT OR
HOSTILITY, INSURE MINIMAL CONTACT WITH TRUOPS, AND MINIMIZE PUBLICITY
DR OPPORTUNITY FOR CUNFRONTATIONS
(12) DO NUT REQUIRE OR PERMIT INDIVIDUAL TO PERFORM MILITARY
DUTIES
D. ADMINISTRATIVE ACTIONS
(1) DO NOT JUIN ON UNIT DIARIES FROM DESERTION IAW THE PRIM
AND LEGAL AUMINMAN
(2) NO PAY OR ALLOWANCES ARE AUTHORIZED WITHOUT SPECIFIC IN-
STRUCTION FROM THIS HEADQUARTERS (CODE MC)
(3) MAINTAIN A RECORD OF ALL EXPENSES INCURRED AS A RESULT OF
THIS PROGRAM. APPROPRIATION DATA FOR TRAVEL WILL BE ISSUED BY THIS
HEADQUARTERS UPUN THE DETERMINATION OF ELIGIBILITY FOR THE PROGRAM
(4) ALL DESERTERS WHO ARE DETERMINED BY SERVICE CIP AS INELI-
GIBLE FOR THE PRESIDENT'S PROGRAM WILL BE PROCESSED IAW CURRENT PRO-
CEDURES
8. DESERTERS UNDER MILITARY CONTROL AT THE TIME OF PRESIDENT'S PROC-
LAMATION
A. GENERAL. INDIVIDUALS WHO RETURNED TO MILITARY CONTROL PRIOR
TO THE PRESIDENT'S PROCLAMATION WHO MEET THE BASIC ELIGIBILITY
CRITERIA AND WHO AGREE I'll WRITING TO ACCEPT THE TERMS OF THE PRESI-
DENT'S PROGRAM WILL BE ULTIMATELY REFERRE TO THE MARINE CORPS CPU.
COMMANDING OFFICERS WILL REFEE THE NAMES SSAN'S AND UNIT ADDRESSES
OF THESE INDIVIDUALS TU THE MARINE CORPSICIP REQUESTING TRANSFER TO
THE MARINE CORPS CPU AT FT BENJAMIN HARRISON, IND. IN THE CASE OF
ELIGIBLE MARINES WHOSE TRANSFER IS CONTEMPLATED PURSUANT TO THE PRO-
VISIONS OF PARAGRAPHS 8B, C, 1, E(1) AND IF APPLICABLE, PARAGRAPH 8G
BELOW, ORDERS TO JCPC WILL ONLY REPEAT ONLY BE ISSUED BY CMC (CODE
FORD
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2023152
*******U NCLASSIFIE D*******
NAVAL MESSAGE
NAVY DEPARTMENT
C). THEY SHOULD BE ADVISED THAT FAILURE TU REPORT TO THE JCPC WILL
NOT ONLY CONSTITUTE AN ADDITIONAL OFFENSE UNDER THE UCMJ BUT THAT THE
ADDITIONAL OFFENSE MAY REMOVE THEM FROM ELIGIBILITY FOR THE PRESI-
DENT'S CLEMENCY PROGRAM
B. CHARGES PENDING; NOT REFERRED TO TRIAL. ALL PROCESSING OF
ELIGIBLE CASES WILL BE SUSPENDED FOR A PERIOD OF TIME NOT TO EXCEED
14 DAYS TO AFFORD THE MEMBER THE OPPORTUNITY TO PARTICIPATE IN THE
SUBJECT PROGRAM, UPUN RECEIPT OF WRITTEN REQUEST FROM THE MEMBER FOR
DELAY IN THE PROCESSING OF HIS CASE AND TU PARTICIPATE IN THE PRESI-
DENT'S CLEMENCY PROGRAM, PROCESSING OF THE CHARGES WILL BE SUSPENDED
AND THE MEMBER WILL BE TRANSFERRED TO THE MARINE CORPS CPU, JCPC, FT
BENJAMIN HARRISON, INDIANA, FOR DISPOSITION
C. CHARGES REFERRED TO TRIAL; TRIAL. NOT COMMENCED. UPON RECEIPT
OF A WRITTEN REQUEST FROM THE ELIGIBLE MEMBER FUR DELAY IN THE PRO-
CESSING OF HIS CASE IN ORDER TD PARTICIPATE, THE CONVENING AUTHORITY
WILL WITHDRAW CHARGES FROM THE COURT TO WHICH THEY HAVE BEEN REFERRED
IN ACCORDANCE WITH PARAGRAPH 56, MCM, 1969 (REV.), AND THE MEMBER
WILL BE TRANSFERRED TO THE JCPC
D. CHARGES REFERRED TO TRIAL; ACCUSED ARRAIGNED. UPON RECEIPT
OF A WRITTEN REQUEST FROM THE ELIGIBLE MEMBER FUR WITHDRAWAL OF THE
CHARGES IN HIS CASE AND FOR DELAY IN PROCESSING HIS CASE IN ORDER TO
PARTICIPATE, THE CONVENING AUTHORITY WILL WITHDRAW THE CHARGES FROM
THE COURT TO WHICH THEY HAVE BEEN REFERRED IN ACCORDANCE WITH PARA-
GRAPH 56, MCM, 1969 (REV.), AND THE MEMBER WILL BE TRANSFERRED TO THE
CPC
E. CONFINED PERSONNEL
(1) PRE-CONVICTION ELIGIBLE CONFINED MEMBERS REFERRED TO IN
PARAGRAPHS 8B-8D, ABUVE WILL BE IMMEDIATELY RELEASED FROM CONFINEMENT
IF THEY HAVE REQUESTED TO PARTICIPATE IN THE PRUGRAM. CHARGE SHEETS
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*******U NCLASSTFIEU
*******U NCLASSIFIE D*******
NAVAL MESSAGE
NAVY DEPARTMEN
PRIORITY
P 2023152 SEP 74/111
FM CMC WASHINGTON DC
TO ALMAR
UNCLAS FINAL SECTION OF 3
AND ALLIED PAPERS WILL BE FORWARDED WITH HIS LOCAL SERVICE RECORD TO
THE CPU UPON ISSUANCE OF ORDERS BY THE MARINE CURPS CIP
(2) POST CONVICTION CONFINED MEMBERS MUST MEET ONLY THE BASIC
ELIGIBILITY REQUIREMENTS IN PARAGRAPH 2 ABOVE. SUCH MEMBERS WHO HAVE
BEEN TRIED AND CONVICTED BY COURT-MARTIAL SOLELY FOR QUALIFYING
OFFENSES, WITH UR WITHOUT DISCHARGE ADJUDGED, AND WHO ARE CURRENTLY
SERVING CONFINEMENT PURSUANT TO SUCH CONVICTION ARE NOT ELIGIBLE FOR
TRANSFER TO THE JCPC. SUCH MEMBERS MAY, HOWEVER, SUBMIT, APPLICATION
TO THE PRESIDENTIAL CLEMENCY BOARD PRIOR TO 31 JANUARY 1975 FOR A
REVIEW OF THEIR CASE. UPON RECEIPT OF A WRITTEN APPLICATION TO THE
PRESIDENTIAL CLEMENCY BOARD AND REQUEST FUR RELEASE FROM CONFINEMENT
FROM SUCH MEMBER, THE COMMANDING OFFICER OF THE CONFINEMENT FACILITY
WILL RELEASE HIM FROM CONFINEMENT. THE APPROPRIATE GCM AUTHORITY
WILL BE EXPEDITIOUSLY NOTIFIED AND WILL ISSUE A SUPPLEMENTARY COURT-
MARTIAL ORDER SUSPENDING FOR AN INDEFINITE PERIUD ANY REMAINING CON-
FINEMENT PENDING COMPLETION nf APPELLATE REVIEW AND PRESIDENTIAL
CLEMENCY ACTION. UPUN HIS REQUEST, THE
MEMBER MAY BE GIVEN LEAVE FOR AN INDEFINITE PERIOD, TO INCLUDE ALL
ACCUMULATED LEAVE AND TO BE FOLLOWED BY AN EXCESS LEAVE STATUS.
IF THE MEMBER DOES NUT REQUEST SUCH STATUS, HE WILL BE RETURNED TO
DUTY.
F. NOT CONFINED; AWAITING APPELLATE REVIEW. SUCH CASES MUST
MEET ONLY THE BASIC ELIGIBILITY REQUIREMENTS IN PARAGRAPH 2 ABOVE.
SUCH MEMBERS TRIED AND CONVICTED OF QUALIFYING UFFENSES WHO HAVE BEEN
SENTENCED TO BE DISCHARGED BUT WHO ARE NOT IN CUNFINEMENT AND WHO
ARE AWAITING APPELLATE REVIEW MAY ALSO APPLY TO THE PRESIDENTIAL
CLEMENCY BOARD PRIOR TO 31 JANUARY 1975 FÜR REVIEW OF THEIR CASE
G. PENDING ADMINISTRATIVE DISCHARGE. ADMINISTRATIVE DISCHARGE
PROCEEDINGS PURSUANT TO MCO P1900.16A (MARCORSEPMAN) IN WHICH AN
ELIGIBLE MEMBER IS THE RESPONDENT WILL BE HELD IN ABEYANCE PENDING
DETERMINATION OF WHETHER THE MEMBER WILL ACCEPT THE TERMS OF THE
PRESIDENT'S PROGRAM
H. RELEASE OF ELIGIBLE DESERTERS CONFINED IN THE U. S. DISCIPLI-
NARY BARRACKS, FT LEAVENWORTH, KANSAS WILL BE THE SUBJECT OF SEPARATE
SPECIAL INSTRUCTIONS TO BE ISSUED BY THIS HEAUQUARTERS
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2023152
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VAL MESSAGE
NAVY DEPARTMENT
APPLICANTS INVOLUNTARILY ENTERING INTO MILITARY CONTROL
A. SUCH CASES WILL BE REFERRED TO MAKINE CURPS CIP FOR DETER-
MINATION OF BASIC ELIGIBILITY
B. IF ELIGIBLE, MARINE CURPS CIP WILL TRANSFER MEMBER TO CPU ON
A PRIORITY BASIS
C. PERSONNEL REMAIN SUBJECT TO CURRENT PULICIES AND REGULATIONS
UNTIL ARRIVAL AT CPU. THEY SHOULD BE ADVISED THAT ANY ADDITIONAL
OFFENSE WILL REMOVE THEM FROM ELIGIBILITY FUR THE PRESIDENTIAL
CLEMENCY PROGRAM
10. INFORMATION FOR PREVIOUSLY DISCHARGED MEMBERS. IT IS ANTICIPATED
THAT EX-SERVICE MEMBERS WHO HAVE RECEIVED OTHER THAN HONORABLE DIS-
CHARGES MAY REQUEST INFORMATION FROM MILITARY CUMMANDS REGARDING
APPLICATION FOR THE PRESIDENT'S CLEMENCY PROGRAM. SUCH FORMER MEMBER
SHOULD BE ADVISED AS TO:
A. THE NATURE OF QUALIFYING OFFENSES AND THE TIME SPAN OF THE
ELIGIBILITY PERIOD
B. THAT HIS ONLY CHANNEL OF RELIEF IS TO APPLY IN WRITING TO THE
PRESIDENTIAL CLEMENCY BOARD, OLD EXECUTIVE OFFICE BUILDING, THE WHITE
I JUSE, WASHINGTON, D.C. 20500, FOR REVIEW OF HIS CASE
il. DRUG AND ALCOHOL INVOLVEMENT
A. PROVISIONS OF MCO 6710.10 WILL NOT REPEAT NOT APPLY
B. NOTIFY THIS HEADOUARTERS (ACTION: CODE MPS; INFO: CODE MC)
R SPECIAL INSTRUCTIONS
PUBLIC AFFAIRS GUIDANCE
A. REQUESTS AND QUERIES FROM THE MEDIA, THE PUBLIC AND ORGANIZA-
TIONS/WILL BE REFERRED TO HQMC (CODE PAI), AUTOVON 224-1492/3/4/5,
COMMERCIAL 202-694-1492/3/4/5
B. HQMC (DIVINFU) WILL COORDINATE SERVICE PUBLIC AFFAIRS POLICY
QUESTIONS WITH BOTH UASD(PA) AND THE CLEMENCY PROCESSING CENTER (CPC)
C. COMMENT UPON THE ANNOUNCED POLICY BY MARINE CUMMANDS IS NOT
CONSIDERED APPRUPRIATE
D. DETAILED PUBLIC AFFAIRS GUIDANCE WILL BE PUBLISHED SEPARATELY
13, TROUP INFORMATION PROGRAM
A! IT IS CONSIDERED IMPERATIVE THAT ALL MAKINES SUPPORT THE
SPIRIT AND INTENT OF THE PRESIDENT'S PROCLAMATION. AND EXERCISE PRU-
DENCE IN THE IMPLEMENTATION OF THE PROGRAM FOR THE RETURN OF MILITARY
DESERTERS
B. COMMANDERS AND OFFICERS IN CHARGE WILL CONDUCT A TROOP INFOR-
MATION PROGRAM TOWARD THIS OBJECTIVE TO INSURE THAT ALL MARINES ARE
AWARE THAT THIS IS A CLEMENCY PROGRAM AS OPPOSED TO AMNESTY
C. IN PARTICULAR, ALL MARINES WILL BE INFORMED OF PARAGRAPHS 6B
(2)(A) THROUGH 6B (1) (H) OF THIS ALMARs EMPHASIZING THAT CLE;ENCY
PROCEDURES ARE DESIGNED TO PROVIDE AN OPPURTUNITY FOR ELIGIBLE DESER-
TERS TO WORK THEIR WAY BACK INTO AMERICAN SUCIETY
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US6 77
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01 261 C057.
DPMP
DCT1
333401
DPMY
ACTION: INFO: DP-11,DA-1, 1143/3319-2 RE-4, NL-2, PCS1, DPC-1, 11/3/08-2
OCTEZYUW RHWH0003775 2602352 MTMS-FEFE--RUEFHQA
es
ZNY EEEEE
172305Z SEP 74: ZEX!
FM AFMPC RANDOLPH AFB TX/DPHAKE i
TO' AIG 8106
AIG 610
3T1
UNCLAS E F T 0
FOP: DIR PERS AND CSPO CH. SUBJECT: IMPLEMENTATION GUI-
DANCE FOR THE PRESIDENT'S PROGRAM FOR THE RETURN OF
MILITARY DESERTERS: EXPIRES: 1 SEP 75.1. REFERENCE: PRESIDENT'S
PROCLAMATION OF 16 SEPTEMBER! 1974. 2. THIS MESSAGE PROVIDES
POLICY GUIDANCE FOR THE IMPLEMENTATION OF THE PRESIDENT'S
H
PROGRAM. THE SECRETARY OF DEFENSE AND SERVICE CHIEFS
DESIRE THAT THE PROGRAM BE FULLY SUPPORTED IN THE SPIRIT
AS WELL AS THE LETTER OF THE PROCLAUATION. 3. THE
:
GENERAL CONCEPT OF THE PROGRAM IS AS FOLLOWS: (A) THE !
DESERTER WILL BE ENCOURAGED TO MAKE INITIAL CONTACT
WITH THE RESPECTIVE SERVICE CLEMENCY INFORMATION POINT
BY REGISTERED MAIL OR TELEPHONE AND WILL RECEIVE REPORT-:
ING INSTRUCTIONS. (B) THERE WILL BE A JOINT CLEMENCY
PROCESSING CENTER LOCATED AT:FORT BENJAMIN HARRISON IN-
PAGE! 2 RHWHD003775 UNCLAS'E F TO B/617/74.
DIANA, F OR THE PROCESSING OF RETURNESS FROM ALL SERVICES.
(C) PERSONNEL ELIGIBLE FOR THE PRESIDENT'S PROGRAM. ARE THOSE
INDIVIDUALS CARRIED ADMINISTRATIVELY AS DESERTERS WHO MEET THE
FOLLOWING CRITERIA: (1) THE LAST PERIOD OF ABSENCE BEGAN ON ORI
BETWEEN THE DATES OF 4 AUGUST 1964 AND 28 MARCH 1973.
(2) THERE ARE NO MILITARY OFFENSES PENDING OTHER THAN
VILOATION OF UCMJ, ARTICLES 85, 86, AND 87, OR MILITARY
OFFENSES DIRECTLY RELATED THERTO' (D) THE ENLISTED
DESERTER WILL BE GIVEN THE OPPORTUNITY TO APPLY FOR AN:
UNDESIRABLE DISCHARGE AFTER HE AGREES TO THE PREFORMANCE!
OF ALTERNATE SERVICE AND SIGNS A REAFFIRMATION ALLEGIANCE.
(E) THE OFFICER DESERTER WILL BE ALLOWED TO RESIGN IN (
LIFU OF TRIAL BY COURT-MARTIAL AFTER HE AGREES TO THE 1'
PERFORMANCE OF ALTERNATE SERVICE AND SIGNS A REAFFIRMATION
ALLEGIANCE. (F) THE REGUIRED PERIOD OF ALTERNATE SERVICE
WILL BE DETERMINED BY THE JOINT ALTERNATE SERVICE BOARD
ON A CASE-BY-CASE BASIS. 4. AT NO TIME WILL THE DESERTER'
WHO IS ELIGIBLE FOR THE PROGRAM BE PLACED UNDER GUARD ORI
FORD
IMMEDIATE
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HSG 77,
PAGE 02 261 0057
IN CONFINEMENT UNLESS HE COMMITS AN OFFENSE SUBSEQUENT TO
HIS RETURN TO MILITARY CONTROL. 5. ALL INDIVIDUALS NOW
PAGE 3 UNCLASSE F T 0 B/617/74.
IN CONFINEMENT WHO MEET THE ELIGIBILITY CRITERIA. OF PARA-
GRAPH SC (ABOVE) AND WHO ACCEPT THE TERMS OF THE PRESI-
DENT'S PROGRAM ARE TO BE RELEASED. SPECIAL INSTRUCTIONS.
ON THE RETROACTIVE APPLICATION OF THE PRESIDENT'S PROGRAM
WILL BE SENT 8Y SEPARATE MESSAGE TO INCLUDE INSTRUCTIONS'
ON RELEASE OF THOSE NOW IN CONFINEMENT. 6. IN THE I
EVENT A DESERTER WHO MEETSITHE CRITERIA OF PARAGRAPH
3C TURNS HIMSELF: IN AT A MILITARY INSTALLATION DEFENSE
ATTACHE OFFICE, MAAG OR MISSION THE FOLLOWING WILL APPLY:
A.. NOTIFY THE RESPECTIVE CLEMENCY INFORMATION POINT BY
THE MOST DIRECT MEANS AVAILABLE AS TO THE INDIVIDUAL'S
NAME, RANK, SSAN/SERVICE NUMBER, DATE HIS UNATHORIZED
ABSENCE BEGAN, DUTY STATION ATITIME ABSENCE
BEGAN, PLACE AND DATE OF BIRTH INSTALLATION PERSONNEL
SHOULD HAVE THE RETURNEE COMPLETE A RECORD OF EMERGENCY
DATA CA COPY OF THE RECORD OF EMERGENCY DATA SHOULD BE
FORWARDED WITH THE INDIVIDUAL TO THE PROCESSING CENTER).
THE RESPECTIVE SERVICE CLEMENCY INFORMATION POINTS ARE AS
OLLOWS: (1); ARMY. U.S. ARMY CLEMENCY POINT, FT BEN
ARRISON, IN 46216: (COHMERCIAL PHONE 317-542-3417.
PAGE 4 RHKH0003775 UNCLAS E F T 0 B/617/74.
AUTOVON 699-3417). (2) NAVY. CHIEF OF NAVAL PERSONNEL
(PERS 831, DEPARTMENT OF THE NAVY, WASHINGTON, D.C. 20320
(COMMERCIAL PHONE 202-694-2007. AUTOVON 224-2007),
(3) MARINE CORPS: HEADQUARTERS: U.S. MARINE CORPS
(CODE MCI, WASHINGTON, D.C. 20380 (COMMERCIAL PHONE
202-694-8526. AUTOVON 224-8526). (4) AIR FORCE. U.S.
AIR FORCE OLEMENCY INFORMATION POINT (AFMPC/DPMAK)
RANDOLPH AIR FORCE BASE, TX 78148 (COMMERCIAL PHONE 512-:
652-4104. AUTOVON 487-41041. B. THE DESERTER WILL NOT I
BE ISSUED UNIFORMS EXCEPT MAINTENANCE OF BASIC HEALTH
AND WELFARE PURPOSES. C. ELIGIBLE DESERTERS RETURNING
!
TO MILITARY CONTROL WILL NOT BE REQUIRED TO CONFORM TO
MILITARY STANDARDS OF APPEARANCE AND WILL BE TREATED WITH
COURTESY COMMENSURATE WITH THE PRESIDENT'S PROCLAMATION.t
D. IF THE RETURNING DESERTER ARRIVES WITH DEPENDENTS'
INSTALLATION PERSONNEL SHOULD ASSIST IN THE LOCATION OF
NON-GOVERNMENT ACCOMMODATIONS. E. IF. THE RETURNING
DESERTER AND/OR HIS DEPENDENTS ARE IN NEED OF IMMEDIATE
:
MEDICAL CARE, SUCH CARE SHOULD BE PROVIDED: F. THE
FORD
RESPECTIVE SERVICE CLEMENCY INFORMATION POINT WILL PRO-
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VIDE INSTRUCTIONS FOR THE HANDLING OF SPECIAL CASES.
7. ALL DESERTERS WHO DO NOT MEETITHE CRITERIA OF PARAGRAPH
3 WILL BE PROCESSED IAW CURRENT PROCEDURES: 8. PUBLIC
AFFAIRS GUIDANCE. BECAUSE OF THE OVERRIDING NATIONAL
INTEREST IN THE PRESIDENT'S ANNOUNCEMENT ON CLEMENCY
PROCEDURES FOR DRAFT EVADERS AND MILITARY DESERTERS. THE
ASSISTANT SECRETARY OF DEFENSE (PUBLIC AFFAIRS) IS.
RESPONSIBLE FOR DIRECTION AND COORDINATION OF ALL PUBLIC.
AFFAIRS ACTIVITIES CONCERNING DESERTERS, DISCHARGES, AND
CLEMENCY. MAXIMUM INFORMATION WILL BE DISSEMINATED TO
THE PUBLIC. WHILE AT THE SAME TIME GIVING DUE CONSIDERATION
OF THE RIGHTS OF THE INDIVIDUAL. THE CLEMENCY PROCESSING
CENTER: (CPC) WILL BE MANNED BY REPRESENTAT IVES OF ALL THE 1
MILITARY DEPARTMENTS; AND THE CPC INFORMATION CHIEF WILL
REPORT DIRECTLY TO THE ASD(PA) FOR ALL PUBLIC AFFAIRS
MATTERS. PUBLIC AFFAIRS GUIDANCE" RECOMMENDATIONS AND
ACCOMPANYING SERVICE IMPLEMENTING INSTRUCTIONS TO ALL :
COMMANDS, WILL BE COORDINATED IN ADVANCE WITH OASD(PA):
A. ALL PERSONNEL WHO WILL HAVE DIRECT CONTACT WITH:
DESERTERS MUST HAVE AN UNDERSTANDING OF POSSIBLE PUBLIC !
PAGE 6 RHHHDDD3775 UNCLASE F T 0 8/617/74:
AFFAIRS PROBLEMS:AND A THOROUGH FAMILIARIZATION WITH
PUBLIC AFFAIRS GUIDANCE CONTAINED HEREIN. ACCORDINGLY.
THE RESPONSIBLE COMMANDER SHALL INITIATE PROCEDURES FOR
BRIEFING SUCH PERSONNEL. B. THE INTERVIEWING AND:
PHOTOGRAPHING OF DESERTERS BY NEWS MEDIA. REPRESENTATIVESI
AFTER THEIR RETURN TO MILITARY CONTROL IS PERMITTED UNDER
THE FOLLOWING CONDITIONS: (1) THE DESERTER GIVES HIS.
PERSONNEL CONSENT. DESERTERS SHOULD BE ADVISED THAT THEY!
00 NOT HAVE TO AGREE TO SUCH INTERVIEWS AND PHOT OGRAPHS.
(2) THE INTERVIEW/PHOTOGRAPHS DOES NOT INTERFERE WITH
THE EFFICIENT AND ORDERLY PROCESSING OF THE DESERTERS.
C. MILITARY PERSONNEL AND PUBLIC AFFAIRS OFFICERS SHOULD!
NOT ATTEMPT TO PROVIDE OFFICIAL COMMENTS OR SPECULATION ON:
THIS SUBJECT:
IMPERATIVE THAT ADDRESSEES PASS THIS MESSAGE TO C C: AND
ALL MILITARY UNITS AND ACTIVITIES SERVICED
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CT21
MSG 10:
PAGE
01 26:2 0216;
SU SDU:
007531
1143ABS CUPO
ACTION: 1103C-02
INF 0C DPC-01, NG-02,
DPM(C)
DPM(S)4)
OTTERFDYI RHWHDDDA548 2612258 MTHS-EEEE -RUEFHQA.!
DRM
D
ZNY EEEEE ZFD RHWHOOD !
DPMC
DPMS
0 R 1822452 SEP 74:
DPMM
FMI AFMPC RANDOLPH AFB TXVOPMAKE I
DPMP
TOI RUNTFHA/DETI 1 3320 RTG FT LEAVENWOR DPKS
DPMY
RUWTFNA/B320 RTG LOWRY: AFB CO/CC/SUAl
AIG 610
NFO RUCNAAM/USAFI CLEM PROCIUNIT FT(BEN: HARRISON IN.
BT1
UNCLASE F T 0 8/620/74
FOR DIR PERS AND CBP0 I
SUBJECT: RETROACTIVE PROVISIONS OFLPRESIDENT'S PROGRAMI FORI THE:
REJURN OF MILITARY DESERTERS. EXPIRES 1 SEP 75. REFERENCE AFMPC/DPMAKEI
UNCLASI EFTO 1723052 SEP 74% SUBJ: IMPLEMENTATION GUIDANCE FOR THE I
PRESIDENT'S PROGRAM FOR RETURN: OF MILITARY DESERTERS. 1.; FOLLOWING
GUIDANCEI FORWARDEDI FORI INFO AND IMMEDIATE COMPLIANCE (A)
MEMBERS ELIGIBLE FOR: PARTICIPATION IN PROGRAM AS DESCRIBEDI IN
REFERENCED MESISAGEI WHO: ARE CURRENTLYI AWAITING TRIAL WILLI BE PRO-1
VIDEO THE OPPORTUNITY TO REQUEST DISCHARGE OR TENDERI A RESIGINATION
ASI APPROPRIATEL ANY SUCH MEMBER WHO IS IN CONFINEMENT AND WHO I
QUESITS! DISCHARGEI OR TENDERS RESIGNATION IN. COMPLIANCE WITHI THE
GEI 2 RHWH0004548 UNCLASE F T 0 8/620/74
PROGRAM WILLIBE RELEASED THEREFROM. (B) FORMERI MEMBERS: WHO: HAVE BEENI
DISMISSED FROMI THE SERVICEIOR DISCHARGED WITH A DISHONORABLEI OR
:
BAD CONDUCT DISCHARGE TO THE SENTENCE OFLA COURT-MARTIALI
IMPOSED UPON CONVICIONI OF AN ABSENTEE OFFENCE 110 U.S.C.I 885,
886, AND 887) OR OTHERI PURELY MILITARY: OFFENSE DIRECTLY RELATED I
THERETO COMMITTED DURING THE QUALIFIYING PERIOD. OR WERE SEPARITED E
WITHI AN UNDESIRABLE DISCHARGE BASED ON: AN ACT OR ACTS COMMITTED I
DURING THE QUALIFYING PERIOD WHICH RENDERED THE MEMBERI SUBJECTI TO I
TRIAL 381 COURT MARTIAL! FORI AN ABSENTEE OFFENSE (10) U.S.C. 885.1
886 AND B871 OR OTHER PURELY MILITARY DFFENSE DIRECTLYI
RELATED THERETO MAY APPLY TOI THE PRESIDENTIAL CLEMENCYI BOARD!
OLD EXECUTIVE OFFICE BLDG.I THE WHITE' HOUSE. WASHINGTON'S D.C.I 20500
PRIOR TO 31 JANUARY 1975 F OR AN EXAMINATION OF THEIR CASE el THE
BOARD WILLI BE EMPOWERED TOI RECOMMEND TO THE PRESIDENT THA TI A
CLEMENCYI DISCHARGE BE ISSUED AND TO QUALIFY SUCHI RECOMMENDA
WITHI A REQUIREMENT FORI ALTERNATEI SERVICE IN APPROPRIATE CASES.
THE MILITARY DEPARTMENTS: WILL NOT PARTICIPATE EITHERI IN THIS.
REVIEW! PROCESS ON IN. MONOTORING PERFORMANCE OFI ALTERNATE SERVICEL
C.I A MEMBER ORI A FORMER MEMBERI SERVING A SENTENCE TOI CONFINE-
IMMEDIATE I
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BENT BASEDI UPON CONVICTIONI OF ANHABSENTEE OFFENSE 10 U.S.C.I
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885,386 AND 887) COMMITTED DURING THE QUALIFYING PERIOD DRI OTHERI
PURELY MILITARN OFFENSE DIRECTLY RELATED THERETOI MAYI APPLYI TO THE I
PRESIDENTIALI CLEMENCY BOARD PRIOR TO: 31 JANUARY 1975 FOR: AN EXI-
AMINATION OF HIS. CASE.I THE: BOARD: WILL BE EMPOWERED TO RECOMMEND I
CLEMENCY IN SUCHI CASES. WHERE A MEMBER OR FORMER MEMBER MAKES
SUCH AN APPLICATION. AND WHERE HIS. SENTENCE TOI CONFINEMENT IS
BASED SOLELY, ON QUALIFYING OFFENSES. HIS, SENTENCE TOI CONFINEMENT
SHOULD BE SUSPENDED PENDING THE BOARD'S REVIEW. 2. REQUEST ALLI
ADDRESSEESI EXCEPIT DET 1.: 3320 RTG AND 3320 RTGI ADVISE I
AFMPC/DPMAKE NLTI 21 SEP 74 OF FOLLOWING INFO PERTAIN-
ING TOI ANY PERISON FALLING UNDER PROVISIONS OF PARA! C ABOVEI WHO ARE:
CURRENTLY SERVING SENTENCELIN A FACILITY OTHERI THAN ATI LOWRY: AFB
ORIFT LEVENWORTH KS. NEGATIVE REPLIES ARE NOT REQUIRED. (1)
FULLINAME AND GRADE (2) WHERE CONFINED (3) WHAT ARTICLE I
SENTENCED FOR 185, 86 OR 871 AND SHORT: STATEMENT OF CHARGEI
(4) WHENI SENTENCE TO BE COMPLETED. 3. INPERTAIVE! THAT ALL 1
ADDRESSEESI PASIS THIS. MESSAGE TO CCI AND ALL MILITARN UNITS AND I
ACTIVITIESI SERVICED. 4. FOR DEIT 1.; 3320 RTG AND 3320. RTGI ONLY.:
REQUEST FOLLOWING INFOI BE PROVIDEDI AFMPC/DPMAKE NLT THAN 21 SEP 74.
" FULL NAME AND GRADE OF ANY USAF
EI 4 RIWHODD41548 UNCLASIE F T 0 B/620/74
MBERI FALLING UNDERI PROVISION: PARA C ABOVE (2) WHERE CONFINEDI
(3) WHATI ARTICLEI (85, 86 OR 87) AND SHORIT STATEMENT OFI OFFENSE
(1) DATE SENTENCE WILLIBE COMPLENED. PELASE INSURE: COORDINATEDI
REPLY TOI INSURE NO OMISSION OR DUPLICATION OF REPORTING. SUSPENSE I
WILL: NOT BE CHANGED.I
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AMENDED REPORTING REQUIREMENTS
September 20, 1974
I. Number of applicants for President's Program
A. Members contacting CIP (mail/telephone/via other installations)
1. Number eligible of those who made contact
2. Number referred to JPC
3. Number reported in at JPC
4. Number processed by JPC
a. Type of Separation (Manual for Standard Data Elements)
I
b. Character of discharge
c. Length of Alternate Service
((a) None
(b) 1 - - 5
(c) 6- - 12
(d) 13 - - 18
(e) 19 . 24
d. Race (ethnic group (Manual for Standard Data Elements)
e. Date of absence by year (year last absence began)
5. Number not processed by JPC (Ineligible)
a. Offense not within period
b. Other offenses pending
FORD i LIBRARY GERALD
C. Failed to execute required statements
d. Other
6. Disposition of those not processed by JPC (Ineligible)
a. Referred to trial by court-martial (GCM, SPCM, Summary)
b. Administrative separation
C. Article 15
d. Reprimand
e. No action/ returned to duty
f. Other
7. Processed through medical channels
8. Pending at JPC as of last working day of the month
9. Cases requiring more than 7 working days (number)
10. Cases requiring more than 14 working days (by name and reason)
of eligibles
II. Number who return to military control but who do not apply for
benefits of Presidential Proclamation. (Report disposition as in
Item I. 6. a - f).
III. Number who return to military control who are ineligible.
(Report disposition as in I. 6. a - f).
FORD i LIBRARY 4
THE SECRETARY OF DEFENSE
WASHINGTON. D.C. 20301
SEP 17 1974
Honorable William B. Saxbe
Attorney General
Washington, D. C. 20530
Dear Mr. Attorney General:
This letter is written pursuant to the President's Proclamation announcing
a program for the return of Vietnam-era draft evaders and military
deserters. It is requested that you immediately instruct the Federal
Bureau of Investigation, the Immigration and Laturalization Service, and
the Federal Marshal's service to follow the following procedures at
border control points in the United States, until January 31, 1975, regard-
ing admittance to the United States of persons whose names appear on a
"look out" list or NCIC list, for having committed an offense of absence
or desertion under the Uniform Code of Military Justice (10 U.S.C. 885,
10 U.S.C. 886, and 10 U.S.C. 887) during the period from August 4, 1964,
to March 28, 1973, inclusive.
1. The individual should be informed that there is an outstanding
J
warrant for his arrest for violation of the Uniform Code of Military
Justice.
2. He should be permitted to read the contents of the Presidential
Proclamation and his attention directed specifically to that portion of the
Proclamation describing those military offenses which may be the subject of
clemency.
3. He should be advised that, if he returns to proper military control
within fifteen days of the date of his entry into the United States, the
warrant of arrest will not be executed against him. He should also be
advised that, should he attempt to exit the United States during the
fifteen day period, or should he not return to military control during
that period, the warrant will be executed.
4. In the event the individual is wanted by the military department
for other than a violation of 10 U.S.C. 885, 886, or 887, or is the sub-
ject of an arrest warrant or a fugitive felon warrant for a state or federal
offense, in addition to the absence or desertion violation, the individual
should be detained and the appropriate military department or the FBI immedi-
ately notified so that his apprehension may be effected in accordance with
established procedures.
FORD is LIBRARY GERALD
5. The names and dates of entry of all individuals entering the United
States pursuant to the Proclamation should be promptly furnished to the
local field office of the FBI. The names of military absentees should be
forwarded to the Army, Navy, Marine Corps, or Air Force Clemency Information
Point, United States Army, Fort Benjamin Harrison, Indiana 46249.
Sincerely,
Jams R. Achleauge
FORD i LIBRARY GERALD
2
0
GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE
WASHINGTON, D. C. 20301
or
September 20, 1974
MEMORANDUM FOR THE SECRETARIES OF THE MILITARY DEPARTMENTS
SUBJECT: President's Program for the Return of Vietnam-era Deserters
The Secretary of Defense has decided that information obtained from
military absentees inquiring about the President's Program will be
closely held by the Military Department concerned and will not be
used, during the eligibility period set forth in Proclamation No.
4313, against either the absentee inquiring or other eligible
absentees, to effect an apprehension for unauthorized absence.
To do otherwise would not be in the spirit of the President's
Program. It is desired that this policy be disseminated to all
concerned without delay.
Maitin Martin R. Hoffmann
K
FORD i LIBRARY QERALD
ADMINISTRATIVE AND PUNITIVE DISCHARGES
1. General Information. There are two basic types of discharges,
administrative and punitive. The administrative discharge, of which
there are three basic kinds, Honorable, General, under other than
honorable conditions (Undesirable for enlisted and "discharge" for
officers), should not be confused with punitive discharges, Bad Conduct
or Dishonorable for enlisted personnel, and dismissal for officers.
Punitive discharges may only be issued when adjudged by a court-martial
upon conviction of a violation of the Uniform Code of Military Justice.
Although Undesirable Discharges are not intended or considered to be
punitive in nature, personnel who receive such administrative discharges
may lose eligibility for certain Veterans' Administration benefits and
may encounter considerable difficulty in securing civilian employment
because of the stigmatizing effect associated with such discharges.
It has long been the policy of the Department of Defense that the Armed
Forces have the right and duty to separate from the Service with an
appropriately characterized discharge certificate military personnel
who clearly demonstrate that they are unqualified for retention. This
includes the issuance of the Undesirable discharge.
The Military Services are required to maintain standards of conduct in
consonance with those of society in general and, as is the case with the
civilian community, indicate in a positive manner whether a given mem-
ber is held in esteem, viewed with satisfaction, or with disapproval.
L
The resulting stratification permits ready identification of those who
warrant higher training, promotion, and other favorable personnel actions
during service. The Honorable Discharge is universally regarded as a
worthy incentive toward meritorious performance and at time of separa-
tion, an appropriate expression of appreciation of a job well done. In
order to retain its meaning, the Honorable Discharge Certificate must
not be issued to the undeserving.
There are no statutes which prescribe the Undesirable Discharge by
name. Nevertheless, there are ample provisions authorizing the
Secretaries of the Military Departments to issue administrative discharges
without specification as to type, or in which the law clearly provides for
administrative discharge under other than honorable conditions. The
current law and its predecessors, essentially unchanged since 1776,
have been interpreted to mean that the exact method of separation and
the characterization of the discharge certificate were the prerogative
of the executive who held the power to issue the discharge.
FORD i LIBRARY GERALD
2. Historical Development of Characterized Discharges. From time
to time, the Armed Services have issued discharges which were con-
sidered to be neither "honorable" nor "dishonorable. " These certif-
icates were invariably unpopular, and eventually replaced by character-
ized certificates. The Code of 1775 provided merely that "a discharge,"
prepared in writing and signed by a field officer, would be given to each
enlisted man upon separation. By 1893 three levels of merit were recog-
nized by issuance of "discharges," "discharges without honor, " and
"dishonorable discharges. "
In 1913, an unclassified discharge was used by the Army to effect separa-
tions which were not dishonorable, but considered undeserving of the
"testimonial of honest and faithful service" as indicated on the honorable
discharge certificate. In 1916 the "blue discharge" replaced the "unclas-
sified discharge." As with its predecessor, this form was without charac-
terization. Nevertheless, by 1917, holders were barred from re-enlistment.
The use of the "Blue Discharge Certificate" was discontinued in 1948 and
replaced by separate certificates denoting the character of discharge.
Honorable
General
Undesirable
Bad Conduct
Dishonorable
FORD
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ISSUANCE AND REVIEW OF DISCHARGES FROM THE ARMED FORCES
There are two categories of discharges used in separating persons from the
military service, i.e., punitive discharges and administrative discharges.
The two types of punitive discharges are the Dishonorable Discharge and the
Bad Conduct Discharge. Punitive discharges may only be issued when ad-
judged by a court-martial upon conviction of a violation of the Uniform Code
of Military Justice.
Pursuant to Article 56 of the Uniform Code of Military Justice, 10 United
States Code 856, the President has designated those specific offenses which
may warrant a Bad Conduct or Dishonorable Discharge. A listing of those
offenses can be found in the Table of Maximum Punishments, paragraph 127c
of the Manual for Courts-Martial, United States (1969). An examination of
that Table will reveal that the offenses upon conviction of which a court-martial
may adjudge a punitive discharge are not those which are normally considered
"minor,"
Under Article 66 of the Uniform Code of Military Justice, 10 United States
Code 866, every trial by court-martial in which the sentence extends to a
Bad Conduct or Dishonorable Discharge must be reviewed by an appellate
court, the Court of Military Review. Under article 67 the recipient of such a
discharge may petition the Court of Military Appeals for further review.
There are three basic types of administrative discharges: Honorable, General,
and Undesirable. Issuance of these three types is governed by the provisions
of Department of Defense Directive 1332. 14, "Administrative Discharges. "
A general statement of Department of Defense policy with regard to adminis-
trative discharges is found in Section V.A. of that Directive, which states:
"The Armed Forces have the right and the duty to separate from the service
with an appropriately characterized discharge certificate members who
clearly demonstrate that they are unqualified for retention. At the same time,
M
such members have rights which shall be protected. " Each of the military
services has adopted detailed regulations which implement this policy and
the procedures contained in the Department of Defense Directive.
The general standards for determining the type of administrative discharge
an individual should receive are set forth in Section VI of Department of
Defense Directive 1332. 14. An Honorable Discharge is a separation with
honor, the receipt of which is "conditioned upon proper military behavior
and proficient performance of duty with due consideration for the member's
FORD i LIBRARY 9ERALD
age, length of service, grade and general aptitude. " A General Discharge
is a separation under honorable conditions which will be issued "when a
member's military record is not sufficiently meritorious to warrant an
Honorable Discharge as prescribed by the regulations of the service con-
cerned. " An Undesirable Discharge is an administrative separation from
the service under conditions other than honorable which "may be issued for
misconduct, unfitness, or security reasons. 11 These standards have been
defined in much greater detail in the regulations issued by the individual
services.
Section VII of the Department of Defense Directive lists 11 general grounds
upon which a member may be administratively discharged from the Armed
Forces: Expiration of enlistment or fulfillment of service obligation, con-
venience of the government, resignation-own convenience, dependency or hard-
ship, minority, disability, unsuitability, security, unfitness, misconduct, and
resignation or request for discharge for the good of the service. An Honor-
able or, when appropriate, General Discharge may be issued for any of these
reasons. The issuing authority for a General Discharge is the Commander
exercising Special Court-Martial jurisdiction over the individual, or higher
authority.
An Undesirable Discharge may only be issued to an individual who is separated
for security reasons, unfitness, or misconduct, or who requests discharge
in lieu of trial by court-martial for an offense which could lead to a punitive
discharge. The issuing authority for an Undesirable Discharge is the Com-
mander exercising General Court-Martial jurisdiction over the individual,
or a general officer in command with a judge advocate on his staff, or higher
authority.
Under Section VII.J. of the Department of Defense Directive, there are
three instances in which a serviceman may receive an Undesirable Discharge
on grounds of "misconduct": (1) when he is convicted by civil authorities of
an offense which involves moral turpitude or which is punishable under the
Uniform Code of Military Justice by death or confinement for more than one
year, or (2) when he has procured a fraudulent enlistment or induction through
deliberate material misrepresentation omission or concealment, or (3) when
he has been continually absent without authority for one year or more. Under
Section VII. I. of the Directive, a member may receive an Undesirable Dis-
charge on the grounds of "unfitness" for frequent involvement of a discreditable
nature with civil or military authorities, sexual perversion, drug abuse, an
established pattern of shirking, an established pattern showing dishonorable
failure to pay just debts, an established pattern showing dishonorable failure
to support dependents or comply with court orders concerning support of
dependents, and unsanitary habits.
FOR
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The Department of Defense is aware that servicemen who have received
Undesirable Discharges may encounter difficulty in securing civilian employ-
ment. For this reason, the Department has adopted policies and procedures
which are designed to protect the interests of the individual and prevent the
issuance of undeserved Undesirable Discharges. These procedures are set
forth in Section VIII. of Department of Defense Directive 1332. 14. It should
be noted that the Directive provides that: "No member shall be discharged
under conditions other than honorable unless he is afforded the right to pre-
sent his case before an administrative board with the advice and assistance
of counsel and unless such discharge is supported by approved board findings
and an approved board recommendation for undesirable discharge. " The
rights which a serviceman has before such a board are listed in Section IX. C.
of the Directive. These include the rights to appear in person before the
board (with or without counsel), challenge members of the board for cause,
request the appearance of witnesses, submit statements and depositions,
and question any witnesses that appear. The only occasions when a member
loses his right to a board hearing before receiving an Undesirable Discharge
is when he "is beyond military control by reason of prolonged unauthorized
absence, resigns or requests discharge for the good of the service, or waives
his right to board action in writing."
After an individual has received an other than Honorable Discharge, he may
seek to have it changed by applying for relief before either, or both, of two
administrative review boards. Pursuant to 10 United States Code 1553, the
Secretaries of each of the Military Departments have established discharge
review boards which, except for cases involving a discharge which "resulted
from the sentence of a General Court-Martial, 11 may "change a discharge or
dismissal, or issue a new discharge. " A former serviceman can apply to
such a board for relief at any time up to 15 years from the date of his discharge.
Although an individual may appear before the discharge review board if he so
desires, personal appearances are not necessary to accomplish remedial
relief. The discharge review board will determine whether the discharge
was equitable and properly given. If it does not so find, it will change the
character of the discharge.
In addition to the administrative discharge review boards established under
10 United States Code 1553, each of the Military Departments has also estab-
lished a board for the correction of military records under 10 United States
Code 1552. These boards have broad powers to recommend to the Secretary
conce rned a change in an individual's military records, including his discharge,
to correct an inaccuracy or to cure an injustice.
As a related matter, it should be noted that a former serviceman who is not
entitled to have his discharge changed by either of these administrative
review boards may still be able to obtain some relief under Public Law 89-690,
approved by President Johnson on October 15, 1966. By virtue of this law,
3
a person who receives an Undesirable, Bad Conduct, or Dishonorable Dis- -
charge from the military service can apply to the Secretary of Labor for the
issuance of an Exemplary Rehabilitation Certificate based on proof of at least
three years of successful rehabilitation and exemplary conduct in civilian
life subsequent to discharge. Issuance of the Certificate does not operate to
change the character of a discharge from an armed force or to restore any
veterans' benefits lost thereby, but it does qualify the recipient for certain
job counselling and employment placement assistance administered by the
Department of Labor and provides tangible proof of rehabilitation. A detailed
description of this program may be found at 29 C.F.R. 26. 1-26.7.
&
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4
DEPARTMENT OF DEFENSE
DIRECTIVES SYSTEM TRANSMITTAL
NUMBER
DATE
DISTRIBUTION
1325. 2 - Ch 1 (Reprint)
January 15, 1971
1300 series
ATTACHMENTS
Reprint of DoD Directive 1325. 2, August 24, 1970.
INSTRUCTIONS FOR RECIPIENTS
REPRINT
The attached reprint of Department of Defense Directive 1325. 2, "Desertion and
Unauthorized Absenteeism, 11 dated August 24, 1970, incorporates authorized
changes to Pages 2, 8, 9, 10 and 11 of basic Directive, which are indicated by
marginal asterisks. It renumbers Enclosure 5 and cancels Reports Control
Symbols DD-M(SA)1037 and DD-M(SA)1038.
This reprinted Directive should be substituted for copies of 1325. 2 previously
distributed.
EFFECTIVE DATE AND IMPLEMENTATION
This change is effective immediately. Two (2) copies of revised implementing
documents shall be forwarded to the Assistant Secretary of Defense (Manpower
and Reserve Affairs) within sixty (60) days.
Manice W. Roche
MAURICE W. ROCHE
Director, Correspondence and Directives Division
OASD(Administration)
FOR
WHEN PRESCRIBED ACTION HAS BEEN TAKEN, THIS TRANSMITTAL SHOULD BE FILED WITH THE BASIC DOCUMENT
SD
FORM
11 MAR 62
106_1
PREVIOUS EDITIONS ARE OBSOLETE
REPRINT
(with changes through 1/15/71 incorporated)
DEPAR OF ENSE
August 24, 1970
NUMBER 1325.2
ASD(M&RA)
UNITED STATES 01 AMERICA
Department of Defense Directive
SUBJECT
Desertion and Unauthorized Absenteeism
Refs. : (a) DoD Instruction 1325.2, "Uniform Policy for the
Administration of Absentees and Deserters,"
September 27, 1966 (hereby cancelled)
(b) DoD Instruction 7700. 10, "Recurring Reports
Concerning Military Absentees and Deserters, 11
October 14, 1968 (hereby cancelled)
(c) DoD Instruction 1325.3, "Charges to Accounts of
Enlisted Men AWOL or in Desertion, " April 19,
1966 (hereby cancelled)
(d) DoD Instruction 7220.3, "Budget and Accounting
Classifications for Military Personnel
Appropriations, 11 November 7, 1962
(e) Uniform Code of Military Justice (10 U.S. Code,
801 - 940)
(f) Manual for Courts-Martial, 1969 (Revised Edition)
(g) Joint Travel Regulations, Volume 1
I.
PURPOSE
This Directive provides uniform policies and procedures
designed to minimize the occurrence of desertion and
unauthorized absenteeism of military personnel, foster the
development of effective deterrent programs, enhance
apprehension efforts, and provide for accurate and timely
reporting of cases of desertion and unauthorized absenteeism.
It also incorporates the provisions of references (a), (b)
and (c) above.
II. APPLICABILITY AND SCOPE
The provisions of this Directive apply to the Military Departments
and cover all military personnel serving on or ordered to report
Aug 24, 70#
1325.2
Continuation of II.
to active duty in the Armed Forces of the United States and
members of the Reserve components serving on active duty
or active duty for training (Article 2, 10 U.S. C. 801-940),
reference (e)).
III. CANCELLATION
References (a), (b) and (c) and Reports Control Symbols DD-M(Q)908,
*
DD-M(SA)1037 and DD-M(SA)1038 are hereby superseded and cancelled.
*
IV. DEFINITIONS
For the purpose of this Directive, the following definitions
apply:
A. Absentee - Any member of the Armed Forces not
classified administratively as a deserter (see V.A.,
below) who is absent without authority from his unit,
organization or other place of duty at which he is
required to be.
B. Deserter - A member of the Armed Forces who has
been administratively classified as a deserter (see
V.A. below).
V. POLICY
The Military Services will issue implementing regulations
consistent with the following:
A. Criteria for Administrative Classification of Deserters.
For administrative purposes, an absentee will be classified
as a deserter and a DD Form 553 "Absentee Wanted
by the Armed Forces" (enclosure 1) will be prepared when:
1. the facts and circumstances of absence without regard
to the length of absence indicate that the member may
have committed the offense of desertion, as defined
in Article 85 of the Uniform Code of Military Justice
(reference (e)) and paragraph 164 of the Manual for
Courts-Martial (reference (f)), or
2. he has been absent without leave for thirty (30)
consecutive days, or
2
#First amendment (Ch 1, 1/15/71)
Aug 24, 70
1325.2
3. he is absent without authority without regard to length
of absence and has gone to, or remains in any foreign
country and while in such foreign country has requested
or applied for, or accepted any type of asylum or
residence permit from such country, or any govern-
mental agency thereof.
B. Apprehension of Absentees and Deserters
1. General. Every practicable effort will be made to
apprehend absentees and deserters as expeditiously
as possible. To achieve this end, vigorous efforts
will be made at the unit and other appropriate levels
to investigate the facts and circumstances surround-
ing absences, to initiate apprehension actions, and
to expedite appropriate notification procedures.
2. Authority to Apprehend
a. Absentees and deserters may be apprehended by
members of the Armed Forces under the circum-
stances prescribed by Article 7b of the Uniform
Code of Military Justice (reference (e)) and
paragraph 19 of the Manual for Courts-Martial
(reference (f)).
b. Any civil officer having authority to apprehend
offenders under the laws of the United States or
of a State, Territory, Commonwealth, or
Possession, or the District of Columbia may
summarily apprehend a deserter from the Armed
Forces and deliver him into the custody of those
forces (Article 8 of the Uniform Code of Military
Justice (reference (e)) and paragraph 23 of the
Manual for Courts-Martial (reference (f)).
c. U. S. authorities may apprehend absentees and
deserters in foreign countries only when authorized
by an international agreement with the country
concerned or by agreement with appropriate local
authorities when such agreement is within the
purview of an existing international agreement.
(See 5.b., below). In these cases:
3
Continuation of V.B.2.c.
(1) careful consideration must be given to possible
international implications and adverse foreign
reaction.
(2) where apprehension cannot be accomplished or
in any case where doubt exists as to apprehen-
sion authority, a report of the facts will be
forwarded, through appropriate Military Service
channels, to the Assistant Secretary of Defense
(Manpower and Reserve Affairs) for resolution.
3.
Return to Military Control
a. Absentees and deserters will be received at any
military installation which is manned by active duty
personnel. Immediate action will be taken to trans-
fer an individual to the nearest installation of his
branch of service having facilities to process
absentees and deserters.
b. Absentees and deserters being detained temporarily
in the hands of civil authorities will be returned to
military control as soon as possible after respon-
sible military officials are informed of their where-
abouts and the civil authorities are ready to release
them. As a goal, military authorities will strive
to accomplish such return to military control within
forty-eight (48) hours after receiving notification
of absentee/deserter's whereabouts.
C. In the absence of other specific pre-arrangements
among Military Service commands, when one of
the Military Services makes a pick-up of absentees
and/or deserters from civil authorities anywhere
in the Continental United States, all such individuals
regardless of the military service to which they
belong shall when practicable be picked up at the
same time and delivered to the nearest military
installation having facilities to process absentees
or deserters. When such pick-up is not accom-
plished, the apprehending authorities will notify
the military service(s) of the individuals remaining
in civilian custody preferably prior to departing
the civilian confinement facility.
4
Aug 24, 70
1325.2
d. Military attaches or mission chiefs in foreign coun-
tries will not accept the offer of a deserter or
absentee to return to military control unless the
United States is directly responsible for the presence
of the individual in the country where assistance is
requested.
(1) Normally, such deserters and absentees shall
be advised and assisted to report, at their own
expense, to an appropriate U. S. military
installation within the United States or overseas.
(2) Unless they are citizens of the country in which
assistance is requested, absentees and desert-
ers shall be reported to the appropriate
authorities of such foreign country with a view
toward deportation.
(3) If the individual departs the foreign country or
is deported, the military attache or mission
chief will make arrangements, if possible,
when such departure is known, to have the
individual taken into custody upon his arrival
within a territory where U. S. military officers
have authority to apprehend.
e. All original recipients of a DD Form 553 shall be
promptly informed of the individual's return to
military control by the publication of a DD Form
616, Report of Return of Absentee, (see enclosure
2).
4.
Rewards and Reimbursements
a. Any authorized communication, oral or written,
from a military or federal law enforcement offi-
cial or agency requesting active cooperation in
the apprehension or delivery to military control
of an absentee or deserter wanted by the Armed
Forces shall constitute the basis for a reward.
Subsequent to such communication, persons or
agencies apprehending, detaining, or delivering
absentees, deserters, or escaped military
prisoners to military control will be rewarded
5
Continuation of V.B.4.a.
or reimbursed (but not both) as follows:
(1) Payment of a reward of fifteen dollars ($15.00)
for the apprehension and detention of absentees,
deserters, or escaped prisoners until the
military authorities take them under control.
(2) Payment of a reward of twenty-five ($25.00)
for the apprehension and delivery to military
control of absentees, deserters, or escaped
military prisoners.
(3) Under circumstances where persons or agencies
who apprehend and/or return absentees and
deserters to military control may not be paid
a reward, reimbursement for reasonable and
actual expenses may be made not to exceed
twenty-five dollars ($25.00) for any one case.
b. Payments authorized by 4.a., above and those costs
of travel of guards assigned to absentees or desert-
ers will be charged to the Military Personnel
Appropriation of the parent Military Service as
prescribed in DoD Instruction 7220.3 (reference
(d)). These costs will not be reimbursed by the
absentee or deserter. Costs associated with an
absentee's or deserter's own transportation for
return to military control will be charged to the
pay accounts of the individual member as prescribed
in the Joint Travel Regulations, Volume I (refer-
ence (g)).
5.
Cooperation of Armed Forces and Civil Law Enforce-
ment Agencies
a. Within the jurisdiction of the U. S., notices about
members wanted for unauthorized absence or
desertion from a command located in the jurisdiction
of the United States will be given expeditious
selective circulation among those Armed Forces
and civil law enforcement agencies deemed most
useful in apprehending a particular absentee.
(1) Normally, notices will be sent to the Federal
Bureau of Investigation and Department of
State (in the case of non-citizen deserters)
only by the headquarters of the Military
Service concerned.
6
Aug 24, 70
1325.2
(2) In certain cases (such as escaped prisoners
who are declared to be deserters, and
absentees or deserters considered to be
dangerous) local commanders may notify the
Federal Bureau of Investigation direct. The
standard format of these notices shall be the
DD Form 553, Absentee Wanted by the Armed
Forces (enclosure 1).
b. Outside the Jurisdiction of the U.S., major
commands will take such initial actions as the
local situation may warrant, within the primacy
of international agreements, to secure cooperation
in apprehension of members absent without leave
(see 3.d., above).
C. Deserter Information System
1. A Deserter Information Point (DIP) shall be estab-
lished as a central focal point in each Military
Service to provide for the control, accounting, and
dissemination of information concerning members
administratively classified as deserters and as
warranted for those absent without leave for less
than thirty (30) days.
2. In order to provide the means for making timely
and complete deserter information available to civil
law enforcement agencies, each DIP will have access
to a terminal for direct entry to the National Crime
Information Center (NCIC) computer of the Federal
Bureau of Investigation. The Military Service shall
as soon as reasonably possible but not later than
30 June 1971 institute administrative procedures
which will insure that, under normal conditions,
every deserter is entered in the NCIC no later than
seven (7) days after being administratively declared
a deserter. (Minimizing this time interval and
increasing the reliability and use of this information
source shall be a primary consideration for each
Military Service.)
3. The primary source of information to the DIP will be
from the automated personnel accounting system of
each Military Service supplemented by the DD Form
7
Aug 24, 70#
1325.2
Continuation of V.C.3.
553, Absentee Wanted by the Armed Forces, and DD
Form 616, Report of Return of Absentee, (see
enclosures 1 and 2). The DIP will advise the NCIC
of requisite entries as soon as possible after initial
receipt of deserter information. Subsequently, the
DIP will make the necessary adjustments to update
and purify NCIC records of deserter information. On
the sixtieth (60th) day of continuous absence, the DIP
will forward copies of DD Form 553 to the Federal
Bureau of Investigation.
4. The Military Services shall submit a report to the
Assistant Secretary of Defense (Manpower and
Reserve Affairs) on each military member who
absents himself without authority and who is known to
have gone to a foreign country or foreign embassy (or
attempted to do so) for the apparent or stated purpose
of protesting U. S. policies or of engaging in sub-
versive or disloyal acts. The report shall be sub-
mitted as soon as it is ascertained that the military
member has absented himself without authority for
any of the aforesaid reasons regardless of the length
of absence (see VII.A.2 and enclosure 3).
*
VI. RESPONSIBILITIES
A. The Assistant Secretary of Defense (Manpower and Reserve
Affairs) shall:
1. Foster the development of improved management
practices and programs by the Military Services to
deter and minimize absenteeism and desertion.
2. Develop supplemental procedures to provide current
and adequate information, act as focal point in the
DoD for absentee and deserter information, and
respond to queries concerning absentees and deserters.
3. Act as liaison between the DoD and the Federal
Bureau of Investigation, other Government Depart-
ments, and civil law enforcement agencies on
absentee and deserter policy matters.
1/ These reporting requirements are a continuation of requirements
in reference (b).
8
#First amendment (Ch 1, 1/15/71)
Aug 24, 70#
1325.2
4.
Initiate and encourage research or studies of the
causes of desertions and unauthorized absentees.
B. The Military Services shall:
1.
Continue to make every effort to deter desertion and
unauthorized absences by improving current program
management practices and developing new programs.
2.
Designate a senior policy official to serve as the
focal point for absentee and deserter policy and for
administration of the absentee program within each
Military Service.
3.
Establish Deserter Information Points, in accordance
with V. C.1., above.
VII. REPORTING REQUIREMENTS
A. The Military Services will forward the following reports
to the ASD(M&RA):
1.
Within ninety (90) days after the end of the 2d and
4th quarter beginning with the period July through
December 1970.
A Semi Annual Report of Enlisted Personnel
Unauthorized Absences (see formatat enclosure
3)
A Semi Annual Report of Administratively
Chassified Deserters (see format at enclosure
4)
1.
As they occur, a report of those absentees who have
*
gone or attempted to go to foreign countries as
described in paragraph V. C. 4 (see format at
enclosure 3)
2.
Within ninety (90) days after the end of each Fiscal
*
Year, a copy of the annual report or reports sub-
mitted to Military Department Secretaries covering
identified causes of absenteeism and desertion,
descriptions or profiles of the "typical" absentee
and deserter, steps taken and planned to eliminat e
9
First amendment (ch 1, 1/15/71)
Aug 24, 70#
1325.2
Continuation of VII.A.3.
causes of absenteeism and desertion; and, programs
aimed at motivating personnel to refrain from absent-
ing themselves without authority
B. Report Control Symbols
The reporting requirements of Section VII.A., this Direc-
tive, have been assigned Report Control Symbols as
follows:
1
Enlisted Personnel Unauthorized Absences, DD M(SA)1037
2
Administratively Glassified Descrters, DD M(SA)1038
1.
Military Absentees Who Have Gone or Attempted To
*
Go To Foreign Countries, DD-M(AR)907
2. Identified causes of absenteeism and desertion,
*
descriptions or profiles of the "typical" absentee
and deserter, steps taken and planned to eliminate
causes of absenteeism and desertion; and, programs
aimed at motivating personnel to refrain from absent-
ing themselves without authority, DD-M(A)1039
C. New reporting requirements, will be effective with the first
half FY 1971; reissued report dates remain the same.
Information required on enclosures 3 and 4 which will not
be readily available until information systems are oper
ational is optional until 30 June 1971 Subsequent reports
will include all reporting requirements
VIII. EFFECTIVE DATE AND IMPLEMENTATION
A. The provisions of this Directive will be effective one
hundred and twenty (120) days from the date of this
Directive.
10
First amendment (Ch 1, 1/15/71)
Aug 24, 70#
1325.2
B. Each Military Department shall forward to the Assistant
Secretary of Defense (Manpower and Reserve Affairs)
within sixty (60) days from the effective date two (2)
copies of instructions implementing this Directive.
Deputy Secretary of Defense
Enclosures - 3
1. DD Form 553, Absentee Wanted by the Armed Forces
2. DD Form 616, Report of Return of Absentee
*
3. Format Report of Enlisted Unauthorized Absences
*
*
Format Report of Administratively Classified Descrters
*
3. Format - U. S. (Military Service) Military Absentees Who
Have Placed Themselves (or Attempted To Do So)
Under the Control of a Foreign Nation to Protest
Against the U. S. or Commit Disloyal Acts.
11
'irst amendment (Ch 1, 1/15/71)
1325.2 (Encl 1)
Aug 24, 70
1. DATE FORM PREPARED
ABSENTEE WANTED BY THE ARMED FORCES
2. TO:
3.
(PHOTOCRAPH IF AVAILABLE)
4. NAME OF ABSENTEE (Last name - First name - Middle name)
5. GRADE OR RATING
6. SOCIAL SECURITY NUMBER
7. SERVICE & SERVICE NO.
8. FINGERPRINTS AVAILABLE ON
ENLISTMENT PAPERS
YES
NO
9. DATE AND PLACE OF CURRENT ENLISTMENT
10. FINGERPRINT CLASSIFICATION
11. DATE AND PLACE OF ENTRY INTO CURRENT ACTIVE SERVICE (Induction/Active duty from Reserves, etc.)
12. ORGANIZATION OR ACTIVITY AND PLACE FROM WHICH ABSENT (If AWOL/UA in transit, list old and new unit in Item 37 "Remarks")
13. DATE AND HOUR OF ABSENCE
14. DATE DROPPED FROM ROLLS AS A DESERTER
42. DISTRIBUTION MADE OF THIS
FORM (Include ZIP Code, and use
reverse If necessary)
15. CIVILIAN OCCUPATION
17. USE IN CASE OF ESCAPE OF SENTENCED
PRISONER ONLY
Date
Dishonorable
Bad Conduct Discharge
16. MILITARY OCCUPATION
Executed
Suspended
Remaining confinement to be served
18. DATE OF BIRTH
19. PLACE OF BIRTH
20. CITIZENSHIP
21. RACE
22. COLOR
EYES
23. COMPLEXION
24. POSTURE
25. BUILD
26. HEIGHT
27. WEIGHT
28. COLOR
HAIR
29. MARITAL STATUS
30. OTHER IDENTIFYING FEATURES (Scare, tattoos, facial
characteristics, etc.)
MARRIED
SINGLE
SEPARATED
DIVORCED
31. NAME. ADDRESS AND RELATIONSHIP OF NEAREST RELATIVE
32. MEMBER'S CURRENT RESIDENCE ADDRESS
OTHER RELATIVES AND PERSONS KNOWN BY ABSENTEE
33.
NAME AND RELATIONSHIP
34.
ADDRESS
CIVILIAN EMPLOYER
35.
NAME
36.
ADDRESS
37. REMARKS (List peculiar habits and traits of character; unusual mannerisms and speech; peculiarities in appearance, clothing worn, aliases,
or any other information which may aid in identification)(Uae reverse If necessary)
38. THE INDIVIDUAL DESCRIBED ABOVE IS ABSENT WITHOUT LEAVE AND HIS RETURN TO MILITARY CONTROL IS DESIRED. IF APPRE.
HENDED BY YOU, EITHER DELIVER HIM TO, OR NOTIFY, THE NEAREST ARMY, NAVY, AIR FORCE, MARINE CORPS, OR COAST GUARD
INSTALLATION BY THE MOST RAPID MEANS AVAILABLE THAT HE IS IN YOUR CUSTODY. FOR INFORMATION CONCERNING PAYMENT
OF REWARD OR EXPENSES, SEE THE REVERSE OF THIS FORM. ADDRESS COMMUNICATIONS TO THE COMMANDING OFFICER (never to a
named individual) OF THE APPROPRIATE ARMY, NAVY, AIR FORCE, MARINE CORPS OR COAST GUARD INSTALLATION.
39. STATION
40. TYPED NAME, GRADE, TITLE & ORGANIZA.
41. SIGNATURE (All copies to be signed)
TION
DD,
FORM
FEB 68
553
REPLACES EDITION OF 1 DEC 63, WHICH IS OBSOLETE.
37. REMARKS (Continued)
42 DISTRIBUTION (Continued)
INSTRUCTIONS
1. DISTRIBUTION. Distribution will be in accordance with
or agency representatives (except salaried officers or
AR 630-10; AFR 35-73; Art C-7803 BuPers Manual; Marine
employees of the Federal Government or service members)
Corps Personnel Manual, Par. 15070; or Article 8-A-5, Per-
apprehending or delivering absentees or deserters to military
sonnel Manual, U.S. Coast Guard.
control will receive:
2. AUTHORITY TO APPREHEND. Any civil officer having
(1) Payment of a reward of $15 for the apprehension
authority to arrest offenders may, when authorized by military
and detention until military authorities take them
officials of the Armed Forces, apprehend an individual absent
under control, or
without leave from the military service of the United States
and deliver him into custody of the military authorities of the
(2) Payment of a reward of $25 for the apprehension
United States. Receipt of DD Form 553 or oral or written
and delivery to military control.
notification from military officials or Federal law enforcement
officials that the person is absent and that his return to mili-
Payment of reward will be made to the person or agency
tary control is desired is authority for apprehension and will
representative actually making arrest and the turnover or
be considered as an offer of a reward.
delivery to military control. If two or more persons join in
performing these services, payment will be made to one per-
3. INDIVIDUAL CLAIMS HE IS NOT ABSENT WITHOUT
son or agency only. Payment of reward will be made whether
LEAVE. When a detained individual claims that he is not
the absentee surrenders or is apprehended. Payment will not
absent without leave and does not have the papers to prove
be made merely for information leading to the apprehension of
his claim, the apprehending person or agency representative
an absentee, nor for apprehension not followed by return to
should communicate direct, by the most rapid means available,
military control.
with the commanding officer of the appropriate Army, Navy,
Air Force, Marine Corps, or Coast Guard installation to
b. REIMBURSEMENT. Reimbursement, not to exceed $25.
ascertain the absentee's correct status.
may be made for actual expenses incurred in those cases in
which no reward has been offered or when conditions for pay
4. FOLLOW-UPACTION BY APPREHENDING PERSON OR
ment of reward cannot otherwise be met. Salaried officers or
AGENCY. When, 24 hours after the commanding officer of an
employees of the Federal Government, service members,
Army, Navy, Air Force, Marine Corps, or Coast Guard instal-
attorneys on whose advice the absentee surrenders himself to
lation has been informed of the apprehension of an absentee,
military authorities, and other persons not entitled to receive
no reply has been received, the apprehending person or agency
a reward may be reimbursed in accordance with current regu-
representative should communicate direct (either by telephone
lations of the appropriate service. If two or more persons
or telegraph) with the commander of the nearest major com-
join in performing these services payment will be made
mand of the service to which the absentee belongs. Notify
jointly or severally, but total payment to all persons may not
Commanding General, major Army command (for Army person
exceed $25.
nel); Chief of Naval Personnel 20370 (for Navy personnel);
USAFMPC (AFPMDRA1A), Randolph AFB, Texas 78148 (for
c. Both reward and reimbursement may not be paid for the
Air Force personnel); Headquarters, United States Marine
same apprehension and detention or delivery.
Corps 20380 (for Marine Corps personnel); and Commandant,
United States Coast Guard 20591 (for Coast Guard personnel).
d. Appropriate payment of reward or reimbursement (but
not both) will be made by the disbursing officer servicing the
5. PAYMENTS. a. REWARDS. (No payment of a reward will
military facility to which absentee is delivered and will be in
be made unless the offer of a reward has been made.) Persons
full satisfaction of all expenses of apprehending. keeping and
delivering the absentee.
1325.2 (Encl 2)
Jan 15, 71
REPORT OF RETURN OF ABSENTEE WANTED BY THE ARMED FORCES
TO:
The wanted status of the following individual has been terminated.
All wanted notices for this individual are cancelled and should be destroyed.
NAME (Last, first, middle)
SERVICE
SOCIAL SECURITY ACCOUNT NUMBER OR SERVICE NUMBER
GRADE OR RATE
I. STATUS
(a)
ESCAPED PRISONER
(b) ORGANIZATION AND LOCATION FROM WHICH ABSENT
(c) DATE/HOUR
ABSENCE BEGAN
ABSENTEE
DESERTER
II. CIRCUMSTANCES OF RETURN
(a)
(b)
APPREHENDED
MILITARY AUTHORITIES
OTHER
SURRENDERED
CIVIL AUTHORITIES
(c) PLACE OF INITIAL RETURN
(d) DATE/HOUR OF INITIAL RETURN
(e)
(f) MILITARY ORG AND LOC OR CIVIL LOCATION
(8) DATE RETURNED
RETURNED TO MILITARY CONTROL
TO MIL CONTROL
RETAINED BY CIVIL AUTHORITIES
CIVIL CHARGES
SAFE KEEPING
III. DISPOSITION (If effected)
(a)
RETAINED
(b) TO (Name of Command)
TRANSFERRED
TECHNICAL ARREST ORDERS
GUARD
(c) COST OF TRANSPORTATION (NOTE: To be charged to the individual's account)
IV. REMARKS (To include location of Service,
V. DISTRIBUTION (Same as for DD Form 553
Pay and Health Records)
at time of absence)
DATE
TYPED NAME, GRADE, TITLE & ORGANIZATION
SIGNATURE (All copies to be signed)
DD
FORM
616
REPLACES PREVIOUS EDITIONS OF THIS FORM.
1 SEP 70
U. S. (MIL. SERVICE) MILITARY ABSENTEES WHO HAVE PLACED OR HAVE ATTEMPTED TO PLACE THEMSELVES UNDER CONTROL
OF A FOREIGN NATION TO PROTEST AGAINST THE U.S. OR COMMIT DISLOYAL ACTS
#First amendment (Ch 1, 1/15/71)
Attempt
Actual
Current Status or
(Indicate
(Indicate
Reason Given
Possible or
Complete Disciplinary
Follow-on Actions to
Nation
Nation
Date of
by Absentee
Suspected
History (if not pro-
include RMC, Punishments,
ABSENTEE
Involved)
Involved)
Absence
If Known
(Other Reason)
vided elsewhere)
Discharge, etc.
(Full Name)
(Rank/Grade; Svc No.; SSAN)
(Unit)
(Location of Unit)
DOB:
POB:
Citizen:
SAMPLE OF ORIGINAL ENTRY:
DOE, John James
Sweden
4 Nov 67 Opposed to
Difficulties in
SCM Feb 66 for
Believed to be
PFC., RA 12345678; 123-45-7890
war in VN
his military and
failure to repair,
residing in Sweden.
Det. A., Berlin Brigade
personal life.
sent. to forf
APO NY 12345
Believed to have
$25.00; SPCM Jun
DOB: 1 Jan 48
difficulties w/
66 for disrespect
POB: Chicago, Illinois
German National
& disobedience to
Citizen: U.S.
female. (see
superior officer.
also next column
Sent. to CHL 4
complete disci-
mos., forf $25.00
plinary history.)
per mo for 4 mos.
SAMPLE OF SUPPLEMENTAL INFORMATION:
DOE, John James
EM surrendered to military
(Supplemental Information)
police at Frankfurt,
Germany, 18 Feb 68; Conv.
by SPCM on 15 Mar 68,
CHL 5 mos., forf $78/mo
for 5 mos., Reduced to
PVT, E-1.
Given an Undesirable
Discharge under AR
635-212 (Unsuitability)
29 Dec 68.
Aug 24, 70#
1325.2 (Encl 3)
*
COMMUNITY OF DEFENSE
December 20 1965 #
NUMBER 1332. 14
ASD(M&RA)
UNITED STATES of AMERICA
Department of Defense Directive
SUBJECT
Administrative Discharges
Refs: (a) DOD Directive 1332.14, subject as above, January 14,
1959, as amended (hereby cancelled)
(b) DoD Directive 1332.19, "Use of Records of Nonjudicial
Punishment," February 12, 1963 (hereby cancelled)
(c) DoD Directive. 5210.9, "Military Personnel Security
Program," June 19, 1956
(d) DoD directive 1300.11, "Illegal or Improper Use of
Drugs by Members of the Armed Forces," October 23, 1970
(e) Title 10, U.S.C., 843 (Art. 43), Uniform Code of Military
Justice
(f) Title 10, U.S.C., 1163
(g) DoD Instruction 1010.1, "Department of Defense Drug
Testing Program," March 29, 1973
(h) DoD Instruction 1010.2, "Alcohol Abuse by Personnel of
the Department of Defense," March 1, 1972
I.
PURPOSE
This Directive prescribes policies, standards, and procedures
governing the administrative discharge of enlisted persons
from the Armed Forces.
II.
CANCELLATION
References (a) and (b) are hereby cancelled and superseded.
III. APPLICABILITY
The policies, standards, and procedures prescribed herein are
applicable to the Army, the Navy, the Air Force, and the Marine
Corps, and, by agreement with the Secretary of Transportation,
to the Coast Guard, and to all Reserve components thereof.
IV. DEFINITIONS
As used herein, the following definitions will apply:
A. Member - an enlisted man or an enlisted woman of an
i
FORD
Armed Force.
B. Discharge - complete severance from all military status.
GERALD
C. Release from Active Duty - termination of active duty
status and transfer or reversion to a Reserve component
not on active duty.
#Fourth amendment (Ch 6, 10/26/73)
Dec 20, 65
Continuation of IV.
1332.14
D. Separation - a general term which includes discharge and re-
lease from active duty.
E. Administrative Separation - discharge or release from active
duty upon expiration of enlistment or required period of
service, or prior thereto, in the manner prescribed herein
or by law, but specifically excluding separation by sentence
of general or special court-martial.
F. Military Record - comprises a member's behavior while in
military service, including general comportment and perform-
ance of duty.
G. Prior Enlistment or Period of Service - service in any com-
ponent of the armed forces, including the Coast Guard, which
culminated in the issuance of a discharge certificate or
certificate of service.
H. Administrative Discharge Board - a board appointed to render
findings based on facts obtaining or believed to obtain in a
case and to recommend retention in the service or discharge
and reason for and the type of separation or discharge cer-
tificate to be furnished.
I. Discharge Authority - as established herein and implemented
by regulations issued by an Armed Force, an official author-
ized to take final action with respect to specified types of
discharge.
J. Respondent - a member of the Armed Forces who has been noti-
fied that action has been initiated with a view toward dis-
charging him under a specified service regulation.
K. Counsel - a lawyer within the meaning of article 27(b)(1) of
the Uniform Code of Military Justice unless appropriate
authority certifies in the permanent record the nonavailabil-
ity of a lawyer so qualified and sets forth the qualifications
of the substituted nonlawyer counsel.
L. Honorable Discharge - is separation from an Armed Force with
honor.
M. General Discharge - is separation from an Armed Force under
honorable conditions.
N. Undesirable Discharge - is separation from an Armed Force
under conditions other than honorable.
V.
POLICY
A. General. The Armed Forces have the right and the duty to
2
Dec 20, 65
1332.14
separate from the service with an appropriately character-
ized discharge certificate members who clearly demonstrate
that they are unqualified for retention. At the same time,
such members have rights which shall be protected.
1. Administrative discharge action under the provisions of
Section VII.G.1, 3, 5, and 7, and Section VII.I.1, 4,
5 and 6 of this Directive will not normally be initiated
until a member has been counseled concerning his defic-
iencies and afforded a reasonable opportunity to over-
come them.
2. No member shall be discharged under conditions other than
honorable unless he is afforded the right to present his
case before an administrative discharge board with the
advice and assistance of counsel and unless such dis-
charge is supported by approved board findings and an
approved board recommendation for undesirable discharge.
Except that, if appropriate, an undesirable discharge
may be issued without board action if the member is be-
yond military control by reason of prolonged unauthorized
absence, resigns or requests discharge for the good of
the service, or waives his right to board action in
writing.
3. The Discharge Authority may direct issuance of the type
of discharge recommended by an administrative discharge
board or a more favorable discharge but shall not direct
a discharge less favorable than that recommended.
4. Notwithstanding an administrative discharge board
recommendation for retention, the Discharge Authority
may direct separation when warranted by the circumstance
of a particular case. In this event the discharge must
be effected under honorable conditions and the member
thus separated will be awarded an Honorable or General
Discharge certificate in accordance with the prescribed
standards of the Service concerned.
5. Notwithstanding a member's written acknowledgement that
he will receive an Undesirable Discharge as required by
these regulations under the provisions for Resignation
and Request for Discharge for the Good of the Service,
the Discharge Authority may direct separation under
honorable conditions, with either an Honorable or
General Discharge as warranted.
6. A member subject to discharge because of conviction by
civil court may be processed for discharge notwithstand-
ing the fact that he has filed an appeal or has stated
his intention to do SO. However, it will be the general
policy to withhold the execution of the approved
3
Dec 20, 65#
1332.14
discharge pending outcome of the appeal. If the execution
of the discharge is considered appropriate without waiting
for final action on the appeal, the member may be discharged
with the appropriate type of discharge certificate upon the
direction of the Secretary of the military service concerned.
7. No member will be administratively discharged under conditions
other than honorable if the grounds for such discharge action
are based wholly or in part upon acts or omissions for which
the member has been previously tried by court-martial result-
ing in acquittal or action having the effect thereof, except
when such acquittal or equivalent disposition is based on a
legal technicality not going to the merits.
8. No member will be subjected to administrative discharge board
action based upon conduct which has previously been the sub-
ject of administrative discharge board proceedings, when the
evidence before the subsequent board would be the same as the
evidence before the previous board, except as provided in
paragraph IX.D.7 and in those cases where the findings of the
previous board favorable to the respondent are determined to
have been obtained by fraud or collusion.
9. The Discharge Authority or higher authority may suspend
execution of an approved administrative discharge to afford
a deserving member a specified probationary period of suffi-
cient length to demonstrate successful rehabilitation.
B. Type of Discharge Certificate. Except as indicated below, the
type and character of the certificate or report issued upon
administrative separation from current enlistment or period of
service will be determined solely by the member's military
record during that enlistment or period of service, plus any
extensions thereof prescribed by law or by the Secretary con-
cerned, or effected with the consent of the member. The
following shall not be considered:
1. Prior service activities, including but not limited to
records of conviction by courts-martial, records of nonjudi-
cial punishment, records of absence without leave, or commis-
sion of other offenses for which punishment was not imposed.
2. Pre-service activities, excepting misrepresentations includ-
ing omission of facts which if known would have precluded,
postponed or otherwise affected the member's eligibility for
enlistment or induction.
C. Retention or Separation.
1. In determining whether a member should retain his current
military status or be administratively separated, his
entire military record, including records of nonjudicial
punishment imposed during a prior enlistment or period of
service, all records of conviction by courts-martial, and
any other factors which are material and relevant, may be
evaluated. Commanding officers, investigating officers,
administrative discharge boards, and other agencies charged
with making such determinations will consider records of
nonjudicial punishment imposed during a prior enlistment or
period of service only if such records of punishment would
have, under the particular circumstances of the case, a
direct and strong probative value in determining whether
retention or administrative separation is appropriate.
a. Cases in which the circumstances may warrant use of
4
#First amendment (ch 1, 1/19/66)
such records shall ordinarily be limited t.o those
involving patterns of conduct which would become:
manifest only over an extended period of time.
b. When a record of nonjudicial punishment imposed dur-
ing 8 current onlistment 1)1 period of service 1:
considered, isolated incidents and events which llir
remote in time, or have no probative value in
determining whether retention or ndministrative
separation should be effected, shall have minimul
influence on the determination.
2. If a decision is made that a member should be adminis
tratively separated, subsection B., above, upplies 111
determining the type of discharge.
D. Periodic Explunation. Each Military Department will pre-
scribe appropriate internal procedures for periodic expla-
nution to members of the types of discharge certificates and
basis for issuance and the possible effects of various
certificates upon re-enlistment, civilian employment,
veterans' benefits and related matters. As a minimum such
explanation should take place each time the Articles of the
Uniform Code of Military Justice are explained pursuant to
10 U.S.C. 937. Failure on the part of the member to re.
ceive or to understand such explanation, however, shall in
no event be considered a defense in an administrative dis-
charge proceeding or a bar thereto.
E. Separation Counseling. The purpose and scope of the Dis-
charge Review Board and the Board for Correction of Military
Records, established pursuant to 10 U.S.C. 1552 and 1553,
will be explained during the separation processing of any
member being discharged under other than honorable conditions.
VI, STANDARDS FOR DISCHARGE
The type and character of discharge or separation will be deter-
mined according to the following standards.
A. Honorable Discharge. Issuance of an Honorable Discharge will
be conditioned upon proper military behavior and proficient
performance of duty with due consideration for the member's
age, length of service, grade, and general aptitude. A
member will not necessarily be denied an Honorable Discharge
solely by reason of a specific number of convictions by
courts-martial or actions under Article 15 of the Uniform
Code of Military Justice during his current enlistment or
period of obligated service.
B. General Discharge. Issuance of a General Discharge is
appropriate when a member's military record is not
5
sufficiently meritorious to warrant an Honorable Discharge
as prescribed by the regulations of the service concerned.
C. Undesirable Discharge. An Undesirable Discharge may be
issued for misconduct, unfitness, or security reasons based
on the approval of a recommendation of an administrative
discharge board, or waiver of the right to board action, or
resignation or request for discharge for the good of the
service as provided for in Section VII.K. of this Directive.
D. Special Consideration. In any case in which an Undesirable
Discharge is authorized under this Directive a member may
be awarded an Honorable or General Discharge, as appropriate,
if during his current enlistment, period of obligated ser-
vice, or any voluntary or involuntary extensions thereof, or
period of prior service he has been awarded a personal
decoration as defined by his particular service, or if war-
ranted by the particular circumstances of a specific case.
VII.
REASONS FOR DISCHARGE
A. Expiration of Enlistment or Fulfillment of Service Obligation
(as applicable). Discharge with an Honorable or a General
Discharge as warranted by the member's military record.
B. Convenience of the Government. Discharge with an Honorable
or a General Discharge as warranted by the member's military
record, for the following reasons:
1. General demobilization, reduction in authorized strength
or by an order applicable to all members of a class of
personnel specified in the order.
2. Acceptance of a commission or appointment in any branch
of the Armed Forces, for active duty only.
3. National health, safety or interest.
4. To permit immediate enlistment or re-enlistment.
5. Erroneous induction or enlistment.
6. To provide for the discharge of members serving in un-
specified enlistments.
7. To provide for early separation of personnel under var-
ious authorized programs and circumstances.
8. In the case of women, pregnancy, parenthood, or custody
of children under age 18.
9. To provide for the discharge of conscientious objectors.
6
Dec 20, 65
1332.14
10. For such other reasons as may be specified and pub
lished by the Secretary of the Department concerne
11. Notwithstanding the specific provisions of this
Directive, the Secretary of a Military Department may
direct the separation of any member for the Convenience
of the Government prior to the expiration of his term
of service, if the Secretary determines that such a
separation is in the best interest of that Department.
A member so discharged by direction of the Secretary
will be furnished an Honorable Discharge or General
Discharge, as appropriate.
C. Resignation - Own Convenience. Discharge with an Honorable
or a General Discharge as warranted by the member's military
record, on an individual basis, in accordance with regu-
lations of the Service concerned. Such discharge may be
effected as early release for the Convenience of the
Government.
D. Dependency or Hardship. Discharge or release by reason of
dependency or hardship with an Honorable or a General Dis-
charge, as warranted by the individual': military record.
Discharge may be directed when it is considered that undue
and genuine dependency or hardship exists, that the hardship
or dependency is not of a temporary nature, and that condi-
tions have arisen or been aggravated to an excessive degree
since entry into the Service and the member has made every
reasonable effort to remedy the situation; that the discharge
will result in the elimination of, or will materially allev-
iate the condition, and that there are no means of alleviation
readily available other than by such discharge. Undue hard-
ship does not necessarily exist solely because of altered
present or expected income or because the individual is sep-
arated from his family or must suffer the inconveniences
normally incident to military service.
E. Minority. Discharge by reason of minority with an Honorable
or General Discharge as warranted by the individual's military
record, or release by voidance of contract upon determination
that the individual's age was misrepresented upon enlistment
or induction as follows:
1. Males
a. If enlisted and under 17 years of age, or inducted
and under 18 years and 6 months of age, when verified,
release from military control by voidance of enlist-
ment or separation.
b. If enlisted without proper consent and having passed
his 17th birthday but not his 18th birthday, discharge
7
upon application of parent or guardian entitled to his
custody and control.
c. If an enlisted man having passed his 18th birthday when
verified - retain if otherwise qualified.
2. Females
a. If enlisted and under 18 years of age, release from
military control by voidance of enlistment or separa-
tion.
b. If enlisted without proper consent, having passed her
18th birthday but not her 21st birthday when verified,
discharge upon application of parent or guardian en-
titled to her custody and control.
NOTE: The enlistment of a minor with false repre-
sentation as to age without proper consent will not
in itself be considered as fraudulent enlistment.
F. Disability. Discharge, with an Honorable or General Discharge
as warranted by the individual's military record, when the
member has been determined to be unfit by reason of physical
disability to perform the duties of his office, rank, grade or
rating and is not entitled to retirement under the provisions
of Chapter 61, Title 10, U.S. Code.
G. Unsuitability. Discharge by reason of unsuitability, with an
Honorable or General Discharge as warranted by the individual's
military record. Such discharge may be effected when it has
been determined that an individual is unsuitable for further
military service because of:
1. Inaptitude: Applicable to those persons who are best
described as inapt due to lack of general adaptability,
want of readiness of skill, unhandiness, or inability to
learn.
2. Character and Behavior Disorders: As determined by medical
authority, character and behavior disorders and disorders
of intelligence listed in Department of Defense Disease and
Injury Codes (TB MED 15 (NAVMED P-5082) AFM 160-24), except
for combat exhaustion (3263) and other acute situational
maladjustments (3264). Discharges normally should not be
effected for combat exhaustion (3263) and other acute situ-
ational maladjustments (3264) per se, but they may be
effected for more basic underlying disorders of which the
transient state is a manifestation.
3. Apathy, defective attitudes, and inability to expend
effort constructively: As a significant observable
8
Dec 20, 65#
1332.14
defect, apparently beyond the control of the individual, elsewhere
not readily describable.
4. Enuresis
5. Alcohol abuse. Failure through inability or refusal to participate
in, cooperate in, or complete an alcohol abuse treatment and reha-
bilitation program.
6. Homosexual and other aberrant tendencies
7.
Financial irresponsibility
8. Personal abuse of drugs other than alcoholic beverages. When evi-
denced by a urinalysis test administered for identification of drug
abusers, or a member's volunteering for treatment for a drug prob-
lem under the Department of Defense Drug Identification and Treat-
ment Program and:
a. Member's record indicates lack of potential for continued mili-
tary service, or
b. Long-term rehabilitation is determined necessary and member is
transferred to Veterans Administration and/or civilian medical
facility for rehabilitation, or
c. Failure through inability or refusal to participate in, coop-
erate in, or complete a drug abuse treatment and rehabilitation
program.
H. Security. Discharge, with the character of discharge and under conditions
and procedures stipulated by the Secretary of Defense as set forth in DoD
Directive 5210.9, reference (c), which deals explicitly with this matter,
when retention is not clearly consistent with the interest of national se-
curity.
I. Unfitness. Discharges by reason of unfitness, with an Undersirable Dis-
charge, unless the particular circumstances in a given case warrant a
general or honorable discharge, when an individual's military record in
his current enlistment or period of obligated service includes one or
more of the following:
1. Frequent involvement of a discreditable nature with civil or military
authorities.
2. Sexual perversion including but not limited to (1) lewd and lasciv-
ious acts, (2) homosexual acts, (3) sodomy, (4) indecent exposure,
(5) indecent acts with or assault upon a child, or (6) other indecent
acts or offenses.
3. Drug abuse. Illegal, wrongful or improper use, possession, sale,
transfer, or introduction on a military installation of any narcotic
substance, marijuana, or dangerous drug, when supported by evidence
not attributed to a urinalysis administered for identification of
drug abusers or not attributed to a member's volunteering for treat-
ment under the Department of Defense Drug Identification and Treat-
ment Program.
4. An established pattern for shirking.
5. An established pattern showing dishonorable failure to pay just
debts.
6. An established pattern showing dishonorable failure to contribute
adequate support to dependents or failure to comply with orders,
decrees, or judgments of a civil court concerning support of
dependents.
7. Unsanitary habits.
J. Misconduct. Discharge by reason of misconduct, with an Un-
desirable Discharge, unless the particular circumstances in
a given case warrant a more favorable discharge, when one or
9
#Second amendment (Ch 6, 10/26/73)
Dec 20, 65#
1332.14
more of the following conditions have been determined:
1. Conviction by civil authorities (foreign or domestic)
or action taken which is tantamount to a finding of
guilty of an offense for which the maximum penalty under
the Uniform Code of Military Justice is death or con-
finement in excess of one year; or which involves moral
turpitude; or where the offender is adjudged a juvenile
delinquent, wayward minor, or youthful offender or is
placed on probation or punished in any way as the result
of an offense involving moral turpitude. If the offense
is not listed in the MCM Table of Maximum Punishments
or is not closely related to an offense listed therein,
the maximum punishments authorized by the U.S. Code or
the District of Columbia Code, whichever is lesser,
applies.
2. Procurement of a fraudulent enlistment, induction or
period of active service through any deliberate
material misrepresentation, omission or concealment
which if known at the time might have resulted in
rejection.
3. Prolonged unauthorized absence. When unauthorized
continuous absence of one year or more has been
established.
K. Resignation or Request for Discharge for the Good of the
Service. Discharge by reason of resignation or request
for discharge for the good of the service, with an
Undesirable Discharge, where a member's conduct rendered
him triable by court-martial under circumstances which
could lead to a punitive discharge, subject to the pro-
cédures and safeguards specified elsewhere in this Directive.
VIII. PROCEDURES FOR DISCHARGE
In accordance with the standards hereinabove outlined , the
following procedures will be adhered to in effecting administrative
discharges:
A. Honorable Discharge. A separation with an Honorable Dis-
charge may be effected by the member's commanding officer
or higher authority when the member is eligible for or
subject to discharge and it has been determined that he
merits an Honorable Discharge under the prescribed
standards.
B. General Discharge. A. separation with a General Discharge
may be effected by the commanding officer or higher
authority when the member is eligible for or is subject
to discharge and it has been determined under the pre-
scribed standards that such discharge is warranted.
When a General Discharge is issued for one of the
reasons listed in VII.A. through F., above, the
10
#Third amendment (ch 3, 8/6/68)
Dec 20, 65#
Continuation of VIII. B.
1332.14
specific basis therefor shall be included in the member's
permanent personnel records.
C. Discharge for Unsuitability. An Honorable or a General
Discharge, based on the standards prescribed in VII.G.,
above, may be issued by the commander exercising special
court-martial jurisdiction or higher authority.
1. A member with less than eight years of continuous active
military service will be notified in writing of the pro-
posed discharge action and will be afforded an opportunity
to make a statement in his own behalf or decline the
opportunity in writing. This correspondence will be
filed in the member's permanent personnel records.
2. A member with eight or more years of continuous active
military service will be discharged by reason of unsuit-
ability only in accordance with the safeguards and
procedures specified in paragraphs VII.D.1. and 2.,
below.
D. Undesirable Discharge. An Undesirable Discharge will be
directed by a commander exercising general court-martial
jurisdiction or by higher authority. This authority may be
delegated to a general or flag officer in command who has a
judge advocate on his staff for cases arising in that command.
Every action taken pursuant to such a delegation will state
the authority therefor. An Undesirable Discharge will be
issued in accordance with this Directive and the following
procedures and safeguards:
1. A member who is under military control will be notified
in writing of the basis for the proposed discharge action
and advised that he has the following rights:
a. To present his case before an administrative discharge
board
b. To be represented by counsel.
C. To waive the above rights in writing. If he so re-
quests, the member shall be given an opportunity to
consult with counsel prior to waiving his rights.
2. If a member waives his rights, the Discharge Authority
may disapprove the waiver and refer the case to an admin-
istrative discharge board, or direct retention on active
duty, or direct discharge by reason of unfitness, mis-
conduct, or security. If discharge is directed, the type
of certificate will be specified.
3. A member unable to appear in person before an adminis-
trative discharge board by reason of confinement by
civil authorities will be advised (by registered mail)
of the proposed discharge action, the type of discharge
certificate that may be issued, and the fact that action
has been suspended to give him the opportunity to exer-
cise the following rights:
a. To request appointment of a military counsel to
11
#Second amendment (Ch 4, 3/3/69)
Dec 20, 65#
1332.14
Continuation of VIII.D.3.a.
represent him and in his absence present his case before an
administrative discharge board.
b. To submit statements in his own behalf.
C. To waive the foregoing rights, either in writing or by declining to
reply to the letter of notification within a prescribed time limit.
4. A member beyond military control by reason of unauthorized absence:
a. may be issued an Undesirable Discharge in absentia only under the
following circumstances:
(1) When the prosecution of the member is apparently barred by
Statute of Limitations (10 U.S. C. 843 (Art. 43) Uniform Code
of Military Justice (reference (e)). In those cases, an Undesir-
able Discharge may be issued at any time after it is determined
that prosecution is so barred provided that upon consideration
of extenuating, mitigating and aggravating factors in each case
the discharge authority determines that the best interest of the
Military Service would be served by issuance of such discharge.
(2) When the Secretary of the Military Department concerned
determines that the issuance of such discharge would serve the
national interests.
b. will be notified of the imminent discharge action and the effective
date thereof by registered mail forwarded to the record address
of the member or the next of kin, as a ppropriate.
C. will be subject to the separation limitations of 10 U.S. C. 1163
(reference (f)) if he is a member of the reserve components.
5. A member who submits a resignation or requests discharge for the good
of the service may be issued an Undesirable Discharge without board
action provided he has been afforded the opportunity to consult counsel
and provided that the member certifies in writing his understanding that
he will receive a discharge under other than honorable conditions and
that he understands the adverse nature of such a discharge and the pos-
sible consequences thereof.
IX. ADMINISTRATIVE DISCHARGE BOARD
A. Composition. An administrative discharge board shall be comprised of at
least three experienced commissioned officers, at least one of whom shall
be serving in the grade of major/lieutenant commander or higher, and may
include a nonvoting recorder. The following provisions will apply if the
respondent is:
1. An enlisted member of a Reserve component or holds an appointment
as a Reserve commissioned or warrant officer, the membership shall
include a majority of Reserve officers if reasonably available. Where
a Reserve majority is not available, the board shall include at least one
Reserve component officer. Voting members shall be senior to the
respondent's Reserve grade.
2. An enlisted woman, the board shall include a female officer as a
voting member.
B. Procedures. The board functions as an administrative rather
than a judicial body. Strict rules of evidence need not be
observed. However, the chairman may impose reasonable re-
strictions as to relevancy, competency, and materiality of
12
#First amendment (Ch 5, 8/13/69)
D.:
133'.1.
matters considered. When the board meets in closed session,
only voting members will be present. The proceedings of the
board will be maintained as prescribed by the Secretary of
the Military Department but as a minimum shall contain a
verbatim record of the findings and recommendations. .he
board will recommend one of the following alternative dis-
positions:
1. Retention, or
2. Discharge for a specified reason and the appropriate type
of discharge certificate, according to the provisions of
this Directive and the applicable Service regulations.
C. Rights of the Respondent. Subject to the specifications
prescribed herein, a respondent who has not waived a hearing
before an administrative discharge board and whose case is
presented to such a board has the following rights:
1. lle may appear in person, with or without counsel, or in
his absence, be represented by counsel, at all open pro-
ceedings of an administrative discharge board. The re-
spondent may have counsel of his own choice provided
proper authority determines the counsel requested is
reasonably available. He may employ civilian counsel
at his own expense.
2. He may challenge any voting member of the board for
cause only.
3. He may request the appearance before the board of any
witness whose testimony he believes to be pertinent to
his case. He will specify in his request the type of
information the witness can provide. The board will in-
vite the witness to attend if it considers that the wit-
ness is reasonably available and that his testimony can
add materially to the case. If a witness on active duty
declines the invitation, the board may refer the matter
to the convening authority for a decision or orders.
However, witnesses not on active duty must appear volun-
tarily and at no expense to the government.
4. The respondent may at any time before the board convenes
or during the proceedings submit any answer, deposition,
sworn or unsworn statement, affidavit, certificate, or
stipulation. This includes but is not limited to depo-
sitions of witnesses not deemed to be reasonably avail-
able or witnesses unwilling to appear voluntarily.
5. He may or may not submit to examination by the board.
The provisions of 10, U.S.C. 831 will apply.
13
6. The respondent and his counsel may question any witness who
appears before the board.
7. Failure of the respondent to invoke any of these rights,
after he has been apprised of same, cannot be considered
as a bar to the board proceedings, findings and recommenda-
tion.
D. Discharge Authority. Upon receipt of the record of board pro-
ceedings, the Discharge Authority may take one of the following
final. actions:
1. Approve the board's recommendations and direct their execu-
tion.
2. Approve the board's recommendation for discharge but change
the type of discharge to a more creditable one, e.g., up-
grade an Undesirable to a General or even an Honorable
Discharge. He shall not downgrade the type of discharge
from a better to a less creditable type.
3. Approve the board's recommendation for discharge but change
the basis therefor when the record indicates such action
would be appropriate, except that he shall not designate
unfitness or misconduct as the basis when the board has
recommended discharge for unsuitability.
4. Approve the discharge but suspend its execution for a
specified period of probation.
5. Disapprove the recommendation for discharge and retain the
member in the service.
6. Disapprove the recommendation for retention and direct dis-
charge under honorable conditions with an Honorable or
General Discharge certificate, as warranted.
7. He may set aside the findings and recommendations and refer
the case to a new board if he finds legal prejudice to the
substantial rights of the respondent. No member of the new
board shall have served on a prior board which considered
the same matter. The record of the proceedings of the
earlier board, minus the findings, recommendations, and
prejudicial matter, may be furnished the successor board.
The discharge authority may not approve findings or
recommendations less favorable to the respondent than
those rendered by the previous board.
X. SUSPENSION OF EXECUTION OF APPROVED DISCHARGE
The Discharge Authority or higher authority may, prior to the
14
Dec 20, 65
1332.14
expiration of the member's enlistment or period of obligated
service, suspend execution of an approved discharge for a
specified period if the circumstances in a case indicate a
reasonable prospect for rehabilitation. During the period
of suspension, the member will be afforded an opportunity
to demonstrate that he is capable of behaving properly for
an extended period under varying conditions and that he can
perform assigned duties efficiently.
A. Upon satisfactory completion of the probationary period,
execution of the approved discharge will be cancelled
automatically.
B. Additional misconduct on the part of the member during
the probationary period or actions which constitute
substandard performance of duty or demonstrate charac-
teristics of unsuitability may establish the basis for
one of the following actions:
1. Punitive or new administrative action may be initiated
notwithstanding the suspension of execution of the
approved discharge.
2. Suspension of the approved discharge may be vacated,
and the approved discharge executed, to include dis-
charge in absentia when the member has been beyond
military control for fifteen or more days.
XI. EFFECTIVE DATE AND IMPLEMENTATION
ahz; 71 29/69
71
The provisions of this Directive will be effective 90 days from
will be forwarded to the Assistant Secretary of Defense (Manpower Reserve
the date of issuance. Two copies of implementing directives
within 90 days of the effective date.
affairs)
Rhuts. NiNam
Secretary of Defense
A19570
15
DEPARTMENT OF DEFENSE
DIRECTIVES SYSTEM TRANSMITTAL
NUMBER
DATE
DISTRIBUTION
1332. 14 - Ch 1
January 19, 1966
1300 series
ATTACHMENTS
Pages 3 and 4 of DoD Directive 1332.14, Dec 20, 65.
INSTRUCTIONS FOR RECIPIENTS
The following page changes to DoD Directive 1332.14, "Administrative Discharges,
dated December 20, 1965, have been authorized:
PAGE CHANGES
Remove: Pages 3 and 4
Insert: Attached replacement pages.
Changes appear on page 4 and are indicated by marginal asterisks.
EFFECTIVE DATE AND IMPLEMENTATION
This change is effective immediately. Two (2) copies of revised implementing docu-
ments shall be forwarded to the Assistant Secretary of Defense (Manpower) within
ninety (90) days.
Mannie W. Roche
MAURI CE W. ROCHE
Director, Correspondence and Directives Division
OASD( Administration)
FORD
DERALD
GERALD
WHEN PRESCRIBED ACTION HAS BEEN TAKEN, THIS TRANSMITTAL SHOULD BE FILED WITH THE BASIC DOCUMENT
SD
FORM
1 MAR 62
106_1
PREVIOUS EDITIONS ARE OBSOLETE
Dec 20, 65
1332.14
separate from the service with an appropriately character-
ized discharge certificate members who clearly demonstrate
that they are unqualified for retention. At the same time,
such members have rights which shall be protected.
1. Administrative discharge action under the provisions of
Section VII.G.1, 3, 5, and 7, and Section VII.I.1, 4,
5 and 6 of this Directive will not normally be initiated
until a member has been counseled concerning his defic-
iencies and afforded a reasonable opportunity to over-
come them.
2. No member shall be discharged under conditions other than
honorable unless he is afforded the right to present his
case before an administrative discharge board with the
advice and assistance of counsel and unless such dis-
charge is supported by approved board findings and an
approved board recommendation for undesirable discharge.
Except that, if appropriate, an undesirable discharge
may be issued without board action if the member is be-
yond military control by reason of prolonged unauthorized
absence, resigns or requests discharge for the good of
the service, or waives his right to board action in
writing.
3. The Discharge Authority may direct issuance of the type
of discharge recommended by an administrative discharge
board or a more favorable discharge but shall not direct
a discharge less favorable than that recommended.
4. Notwithstanding an administrative discharge board
recommendation for retention, the Discharge Authority
may direct separation when warranted by the circumstance
of a particular case. In this event the discharge must
be effected under honorable conditions and the member
thus separated will be awarded an Honorable or General
Discharge certificate in accordance with the prescribed
standards of the Service concerned.
5. Notwithstanding a member's written acknowledgement that
he will receive an Undesirable Discharge as required by
these regulations under the provisions for Resignation
and Request for Discharge for the Good of the Service,
the Discharge Authority may direct separation under
honorable conditions, with either an Honorable or
General Discharge as warranted.
6. A member subject to discharge because of conviction by
civil court may be processed for discharge notwithstand-
ing the fact that he has filed an appeal or has stated
his intention to do SO. However, it will be the general
policy to withhold the execution of the approved
3
Dec 20, 65#
1332.14
discharge pending outcome of the appeal. If the execution
of the discharge is considered appropriate without waiting
for final action on the appeal, the member may be discharged
with the appropriate type of discharge certificate upon the
direction of the Secretary of the military service concerned.
7. No member will be administratively discharged under conditions
other than honorable if the grounds for such discharge action
are based wholly or in part upon acts or omissions for which
the member has been previously tried by court-martial result-
ing in acquittal or action having the effect thereof, except
when such acquittal or equivalent disposition is based on a
legal technicality not going to the merits.
8. No member will be subjected to administrative discharge board
action based upon conduct which has previously been the sub-
ject of administrative discharge board proceedings, when the
evidence before the subsequent board would be the same as the
evidence before the previous board, except as provided in
paragraph IX.D.7 and in those cases where the findings of the
previous board favorable to the respondent are determined to
have been obtained by fraud or collusion.
9. The Discharge Authority or higher authority may suspend
execution of an approved administrative discharge to afford
a deserving member a specified probationary period of suffi-
cient length to demonstrate successful rehabilitation.
E. Type of Discharge Certificate. Except as indicated below, the
type and character of the certificate or report issued upon
administrative separation from current enlistment or period of
service will be determined solely by the member's military
record during that enlistment or period of service, plus any
extensions thereof prescribed by law or by the Secretary con-
cerned, or effected with the consent of the member. The
following shall not be considered:
1. Prior service activities, including but not limited to
records of conviction by courts-martial, records of nonjudi-
cial punishment, records of absence without leave, or commis-
sion of other offenses for which punishment was not imposed.
2. Pre-service activities, excepting misrepresentations includ-
ing omission of facts which if known would have precluded,
postponed or otherwise affected the member's eligibility for
enlistment or induction.
C. Retention or Separation.
1. In determining whether a member should retain his current
military status or be administratively separated, his
entire military record, including records of nonjudicial
punishment imposed during a prior enlistment or period of
service, all records of conviction by courts-martial, and
any other factors which are material and relevant, may be
evaluated. Commanding officers, investigating officers,
administrative discharge boards, and other agencies charged
with making such determinations will consider records of
nonjudicial punishment imposed during a prior enlistment or
period of service only if such records of punishment would
have, under the particular circumstances of the case, a
direct and strong probative value in determining whether
retention or administrative separation is appropriate.
a. Cases in which the circumstances may warrant use of
4
#First amendment (ch 1, 1/19/66)
DEPARTMENT OF DEFENSE
DIRECTIVES SYSTEM TRANSMITTAL
NUMBER
DATE
DISTRIBUTION
1332.14 - Ch 2
July 29, 1968
1300 series
ATTACHMENTS
Pages 9 and 10 of DoD Directive 1332. 14, Dec 20, 65.
INSTRUCTIONS FOR RECIPIENTS
The following page and pen changes to DoD Directive 1332. 14, "Administrative Dis-
charges, 11 dated December 20, 1965, have been authorized:
PAGE CHANGES
Remove: Pages 9 and 10
Insert: Attached replacement pages.
Change appears on page 10 and is indicated by marginal asterisks.
PEN CHANGES
Page 1 - Change organization symbol at top of page to "ASD(M&RA)".
Page 1, section III., line 4 - Delete: "the Treasury"
Insert: "Transportation"
Page 15, section XI., line 3 - Change "(Manpower)" to "(Manpower and Reserve
Affairs)"
EFFECTIVE DATE AND IMPLEMENTATION
This change is effective immediately. Two (2) copies of revised implementing docu-
ments shall be forwarded to the Assistant Secretary of Defense (Manpower
Reserve Affairs) within sixty (60) days.
Manice W. Roche
GETALO R. FORD Title,
MAURICE W. ROCHE
Director, Correspondence and Directives Division
OASD(Administration)
WHEN PRESCRIBED ACTION HAS BEEN TAKEN, THIS TRANSMITTAL SHOULD BE FILED WITH THE BASIC DOCUMENT
SD
FORM
1 MAR 62
106_1
PREVIOUS EDITIONS ARE OBSOLETE
Dec 20, 65
1332.14
defect, apparently beyond the control of the individual,
elsewhere not readily describable.
4. Enuresis.
5. Alcoholism.
6. Homosexual or other aberrant tendencies.
7. Financial Irresponsibility.
H. Security. Discharge, with the character of discharge and
under conditions and procedures stipulated by the Secretary
of Defense as set forth in reference (c) which deals explic-
itly with this. matter, when retention is not clearly consis-
tent with the interest of national security.
I. Unfitness. Discharge by reason of unfitness, with an Undesir-
able Discharge, unless the particular circumstances in a
given case warrant a General or Honorable Discharge, when an
individual's military record in his current enlistment or
period of obligated service includes one or more of the
following:
1. Frequent involvement of a discreditable nature with civil
or military authorities.
2. Sexual perversion including but not limited to (1) lewd
and lascivious acts, (2) homosexual acts, (3) sodomy,
(4) indecent exposure, (5) indecent acts with or assault
upon a child, or (6) other indecent acts or offenses.
3. Drug addiction, habituation, or the unauthorized use or
possession of narcotics, hypnotics, sedatives, tran-
quilizers, stimulants, hallucinogens, and other similar
known harmful or habit forming drugs and/or chemicals.
4. An established pattern for shirking.
5. An established pattern showing dishonorable failure to
pay just debts.
6. An established pattern showing dishonorable failure to
contribute adequate support to dependents or failure to
comply with orders, decrees, or judgments of a civil
court concerning support of dependents.
7. Unsanitary habits.
J. Misconduct. Discharge by reason of misconduct, with an Un-
desirable Discharge, unless the particular circumstances in
a given case warrant a more favorable discharge, when one or
9
Dec 20, 65#
1332.14
more of the following conditions have been determined:
1. Conviction by civil authorities (foreign or domestic)
or action taken which is tantamount to a finding of
guilty of an offense for which the maximum penalty under
the Uniform Code of Military Justice is death or con-
finement in excess of one year; or which involves moral
turpitude; or where the offender is adjudged a juvenile
delinquent, wayward minor, or youthful offender or is
placed on probation or punished in any way as the result
of an offense involving moral turpitude. If the offense
is not listed in the MCM Table of Maximum Punishments
or is not closely related to an offense listed therein,
the maximum punishments authorized by the U.S. Code or
the District of Columbia Code, whichever is lesser,
applies.
2. Procurement of a fraudulent enlistment, induction or
period of active service through any deliberate
material misrepresentation, omission or concealment
which if known at the time might have resulted in
rejection.
3. Prolonged unauthorized absence. When unauthorized
continuous absence of one year or more has been
established.
K. Resignation or Request for Discharge for the Good of the
Service. Discharge by reason of resignation or request
for discharge for the good of the service, with an
Undesirable Discharge, where a member's conduct rendered
him triable by court-martial under circumstances which
could lead to a punitive discharge, subject to the pro-
*
cedures and safeguards specified elsewhere in this Directive.
VIII. PROCEDURES FOR DISCHARGE
In accordance with the standards hereinabove outlined , the
following procedures will be adhered to in effecting administrative
discharges:
A. Honorable Discharge. A separation with an Honorable Dis-
charge may be effected by the member's commanding officer
or higher authority when the member is eligible for or
subject to discharge and it has been determined that he
merits an Honorable Discharge under the prescribed
standards.
B. General Discharge. A separation with a General Discharge
may be effected by the commanding officer or higher
authority when the member is eligible for or is subject
to discharge and it has been determined under the pre-
scribed standards that such discharge is warranted.
When a General Discharge is issued for one of the
reasons listed in VII.A., above.
10
#First amendment (Ch 2, 7/29/68)
DEPARTMENT OF DEFENSE
DIRECTIVES SYSTEM TRANSMITTAL
NUMBER 1332. 14 - Ch 4
DATE
DISTRIBUTION
(Supersedes Ch 3, 8/6/68)
March 3, 1969
1300 series
ATTACHMENTS
Pages 1, 2, 9, 10, 11 and 12 of DoD Directive 1332.14, Dec 20, 65.
INSTRUCTIONS FOR RECIPIENTS
The following page changes to DoD Directive 1332.14, "Administrative Discharges, It
dated December 20, 1965, have been authorized:
PAGE CHANGES
Remove: Pages 1, 2, 9, 10, 11 and 12
Insert: Attached replacement pages.
Current changes appear on pages 1, 9, and 11, and are indicated by marginal asterisks.
Previous changes to pages 1, 10, and 11 have been incorporated.
EFFECTIVE DATE AND IMPLEMENTATION
This change is effective immediately. Two (2) copies of revised implementing docu-
ments shall be forwarded to the Assistant Secretary of Defense (Manpower and
Reserve Affairs) within sixty (60) days.
&
FORD
Manice W. Roche
GERALD
MAURICE W. ROCHE
Director, Correspondence and Directives Division
OASD(Administration)
WHEN PRESCRIBED ACTION HAS BEEN TAKEN, THIS TRANSMITTAL SHOULD BE FILED WITH THE BASIC DOCUMENT
SD
FORM
1 MAR 62
106_1
PREVIOUS EDITIONS ARE OBSOLETE
December 20, 1965#
DEPART UNITED OF AMERICA DEFENSE
NUMBER 1332.14
ASD(M&RA)
STATES
OF
Department of Defense Directive
SUBJECT
Administrative Discharges
Refs.: (a) DoD Directive 1332.14, subject as above, January 14,
1959, as amended (hereby cancelled)
(b) DoD Directive 1332.19, "Use of Records of Nonjudicial
Punishment," February 12, 1963 (hereby cancelled)
(c) DoD Directive 5210.9, "Military Personnel Security
Program," June 19, 1956
(d) DoD Directive 1300.11, "Illegal or Improper Use of
*
Drugs by Members of the Armed Forces," February 12,
*
1968
*
I. PURPOSE
This Directive prescribes policies, standards, and procedures
governing the administrative discharge of enlisted persons
from the Armed Forces.
II. CANCELLATION
References (a) and (b) are hereby cancelled and superseded.
III. APPLICABILITY
The policies, standards, and procedures prescribed herein
are applicable to the Army, the Navy, the Air Force, and
the Marine Corps, and, by agreement with the Secretary of
the Transportation, to the Coast Guard, and to all Reserve
components thereof.
IV. DEFINITIONS
As used herein, the following definitions will apply:
A. Member - an enlisted man or an enlisted woman of an
armed force.
B. Discharge - complete severance from all military status.
C. Release from Active Duty - termination of active duty
status and transfer or reversion to a Reserve component
not on active duty.
#Second amendment (Ch 4, 3/3/69)
Dec 20, 65
1332.14
D. Separation - a general term which includes discharge and re-
lease from active duty.
E. Administrative Separation - discharge or release from active
duty upon expiration of enlistment or required period of
service, or prior thereto, in the manner prescribed herein
or by law, but specifically excluding separation by sentence
of general or special court-martial.
F. Military Record - comprises a member's behavior while in
military service, including general comportment and perform-
ance of duty.
G. Prior Enlistment or Period of Service - service in any com-
ponent of the armed forces, including the Coast Guard, which
culminated in the issuance of a discharge certificate or
certificate of service.
H. Administrative Discharge Board - a board appointed to render
findings based on facts obtaining or believed to obtain in a
case and to recommend retention in the service or discharge
and reason for and the type of separation or discharge cer-
tificate to be furnished.
I. Discharge Authority - as established herein and implemented
by regulations issued by an Armed Force, an official author-
ized to take final action with respect to specified types of
discharge.
J. Respondent - a member of the Armed Forces who has been noti-
fied that action has been initiated with a view toward dis-
charging him under a specified service regulation.
K. Counsel - a lawyer within the meaning of article 27(b)(1) of
the Uniform Code of Military Justice unless appropriate
authority certifies in the permanent record the nonavailabil-
ity of a lawyer so qualified and sets forth the qualifications
of the substituted nonlawyer counsel.
L. Honorable Discharge - is separation from an Armed Force with
honor.
M. General Discharge - is separation from an Armed Force under
honorable conditions.
N. Undesirable Discharge - is separation from an Armed Force
under conditions other than honorable.
V.
POLICY
A. General. The Armed Forces have the right and the duty to
2
Dec 20, 65#
1332.14
defect, apparently beyond the control of the individual,
elsewhere not readily describable.
4. Enuresis
5. Alcoholism
6. Homosexual and other aberrant tendencies
7. Financial Irresponsibility
H. Security. Discharge, with the character of discharge and under
conditions and procedures stipulated by the Secretary of Defense
as set forth in reference (c) which deals explicity with this
matter, when retention is not clearly consistent with the inter-
est of national security.
I. Unfitness. Discharges by reason of unfitness, with an Undesir-
able Discharge, unless the particular circumstances in a given
case warrant a General or Honorable Discharge, when an individual's
military record in his current enlistment or period of obligated
service includes one or more of the following:
1. Frequent involvement of a discreditable nature with civil
or military authorities.
2. Sexual perversion including but not limited to (1) lewd
and lascivious acts, (2) homosexual acts, (3) sodomy,
(4) indecent exposure, (5) indecent acts with or assault
upon a child, or (6) other indecent acts or offenses.
3. Drug abuse as defined in DoD Directive 1300.11 (reference
(a)).
*
4. An established pattern for shirking.
5. An established pattern showing dishonorable failure to
pay just debts.
6. An established pattern showing dishonorable failure to
contribute adequate support to dependents or failure to
comply with orders, decrees, or judgments of a civil
court concerning support of dependents.
7. Unsanitary habits.
J. Misconduct. Discharge by reason of misconduct, with an Un-
desirable Discharge, unless the particular circumstances in
a given case warrant a more favorable discharge, when one or
9
#First amendment (ch 4, 3/3/69)
Dec 20, 65#
1332.14
more of the following conditions have been determined:
1. Conviction by civil authorities (foreign or domestic)
or action taken which is tantamount to a finding of
guilty of an offense for which the maximum penalty under
the Uniform Code of Military Justice is death or con-
finement in excess of one year; or which involves moral
turpitude; or where the offender is adjudged a juvenile
delinquent, wayward minor, or youthful offender or is
placed on probation or punished in any way as the result
of an offense involving moral turpitude. If the offense
is not listed in the_ MCM Table of Maximum Punishments
or is not closely related to an offense listed therein,
the maximum punishments authorized by the U.S. Code or
the District of Columbia Code, whichever is lesser,
applies.
2. Procurement of a fraudulent enlistment, induction or
period of active service through any deliberate
material misrepresentation, omission or concealment
which if known at the time might have resulted in
rejection.
3. Prolonged unauthorized absence. When unauthorized
continuous absence of one year or more has been
established.
K. Resignation or Request for Discharge for the Good of the
Service. Discharge by reason of resignation or request
for discharge for the good of the service, with an
Undesirable Discharge, where a member's conduct rendered
him triable by court-martial under circumstances which
could lead to a punitive discharge, subject to the pro-
cédures and safeguards specified elsewhere in this Directive.
VIII. PROCEDURES FOR DISCHARGE
In accordance with the standards hereinabove outlined , the
following procedures will be adhered to in effecting administrative
discharges:
A. Honorable Discharge. A separation with an Honorable Dis-
charge may be effected by the member's commanding officer
or higher, authority when the member is eligible for or
subject to discharge and it has been determined that he
merits an Honorable Discharge under the prescribed
standards.
B. General Discharge. A. separation with a General Discharge
may be effected by the commanding officer or higher
authority when the member is eligible for or is subject
to discharge and it has been determined under the pre-
scribed standards that such discharge is warranted.
When a General Discharge is issued for one of the
reasons listed in VII.A. through F., above, the
10
#Third amendment (Ch 3, 8/6/68)
Dec 20, 65#
1332.14
specific basis therefor shall be included in the member's
permanent personnel records.
C. Discharge for Unsuitability. An Honorable or a General
Discharge, based on the standards prescribed in VII.G.,
above, may be issued by the commander exercising special
court-martial jurisdiction or higher authority.
1. A member with less than eight years of continuous active
military service will be notified in writing of the pro-
posed discharge action and will be afforded an opportunity
to make a statement in his own behalf or decline the
opportunity in writing. This correspondence will be
filed in the member's permanent personnel records.
2. A member with eight or more years of continuous active
military service will be discharged by reason of unsuit-
ability only in accordance with the safeguards and
procedures specified in paragraphs VII.D.1. and 2.,
below.
D. Undesirable Discharge. An Undesirable Discharge will be
directed by a commander exercising general court-martial
jurisdiction or by higher authority. This authority may be
delegated to a general or flag officer in command who has a
judge advocate on his staff for cases arising in that command.
Every action taken pursuant to such a delegation will state
the authority therefor. An Undesirable Discharge will be
issued in accordance with this Directive and the following
procedures and safeguards:
1. A member who is under military control will be notified
in writing of the basis for the proposed discharge action
and advised that he has the following rights:
a. To present his case before an administrative discharge
board
b. To be represented by counsel.
C. To waive the above rights in writing. If he so re-
quests, the member shall be given an opportunity to
consult with counsel prior to waiving his rights.
2. If a member waives his rights, the Discharge Authority
may disapprove the waiver and refer the case to an admin-
istrative discharge board, or direct retention on active
duty, or direct discharge by reason of unfitness, mis-
conduct, or security. If discharge is directed, the type
of certificate will be specified.
3. A member unable to appear in person before an adminis-
trative discharge board by reason of confinement by
civil authorities will be advised (by registered mail)
of the proposed discharge action, the type of discharge
certificate that may be issued, and the fact that action
has been suspended to give him the opportunity to exer-
cise the following rights:
a. To request appointment of a military counsel to
11
Second amendment (Ch 4, 3/3/69)
Dec 20, 65
1332.14
represent him and in his absence present his case
before an administrative discharge board.
b. To submit statements in his own behalf.
C. To waive the foregoing rights, either in writing or
by declining to reply to the letter of notification
within a prescribed time limit.
4. A member beyond military control by reason of unauthorized
absence of more than one year may be issued an Undesirable
Discharge in absentia. Notification of the imminent dis-
charge action and the effective date thereof will be sent
by registered mail to the record address of the member or
the next of kin, as appropriate. Separation of members of
the reserve components will be subject to the limitations
of Title 10, U.S.C. 1163.
5. A member who submits a resignation or requests discharge
for the good of the service may be issued an Undesirable
Discharge without board action provided he has been
afforded the opportunity to consult counsel and provided
that the member certifies in writing his understanding
that he will receive a discharge under other than honor-
able conditions and that he understands the adverse nature
of such a discharge and the possible consequences thereof.
IX.
ADMINISTRATIVE DISCHARGE BOARD
A. Composition. An administrative discharge board shall be com-
prised of at least three experienced commissioned officers,
at least one of whom shall be serving in the grade of major/
lieutenant commander or higher, and may include a nonvoting
recorder. The following provisions will apply if the res-
pondent is:
1. An enlisted member of a Reserve component or holds an
appointment as a Reserve commissioned or warrant officer,
the membership shall include a majority of Reserve offi-
cers if reasonably available. Where a Reserve majority
is not available, the board shall include at least one
Reserve component officer. Voting members shall be
senior to the respondent's Reserve grade.
2. An enlisted woman, the board shall include a female offi-
cer as a voting member.
B. Procedures. The board functions as an administrative rather
than a judicial body. Strict rules of evidence need not be
observed. However, the chairman may impose reasonable re-
strictions as to relevancy, competency, and materiality of
12
DEPARTMENT OF DEFENSE
DIRECTIVES SYSTEM TRANSMITTAL
NUMBER
DATE
DISTRIBUTION
1332. 14 - Ch 5
August 13, 1969
1300 series
ATTACHMENTS
Pages 1, 2, 11, and 12 of DoD Directive 1332. 14, Dec 20, 65.
INSTRUCTIONS FOR RECIPIENTS
The following page changes to DoD Directive 1332. 14, "Administrative Discharges,"
dated December 20, 1965, have been authorized:
PAGE CHANGES
Remove: Pages 1, 2, 11, and 12
Insert: Attached replacement pages,
Current changes appear on pages 1 and 12 and are indicated by marginal asterisks.
Previous changes to pages 1 and 11 have been incorporated.
EFFECTIVE DATE AND IMPLEMENTATION
This change is effective immediately. Two (2) copies of revised implementing docu-
ments shall be forwarded to the Assistant Secretary of Defense (Manpower and
Reserve Affairs) within thirty (30) days.
Maurice W. Roche
FORD
MAURICE W. ROCHE
Director, Correspondence and Directives Division
GERALD
OASD(Administration)
WHEN PRESCRIBED ACTION HAS BEEN TAKEN, THIS TRANSMITTAL SHOULD BE FILED WITH THE BASIC DOCUMENT
SD
FORM
1 MAR 62
106_1
PREVIOUS EDITIONS ARE OBSOLETE
DEPA TMENT OF DEFENSE
December 20, 1965#
NUMBER 1332.14
ASD(M&RA)
UNITED STATES OF AMERICA
Department of Defense Directive
SUBJECT
Administrative Discharges
Refs: (a) DoD Directive 1332.14, subject as above, January 14,
1959, as amended (hereby cancelled)
(b) DoD Directive 1332. 19, "Use of Records of Nonjudicial
Punishment, 11 February 12, 1963 (hereby cancelled)
(c) DoD Directive 5210.9, "Military Personnel Security
Program, 11 June 19, 1956
(d) DoD Directive 1300.11, "Illegal or Improper Use of Drugs
by Members of the Armed Forces, " February 12, 1968
(e) Title 10, U.S.C., 843 (Art. 43), Uniform Code of Military
Justice
(f) Title 10, U.S.C., 1163
I.
PURPOSE
This Directive prescribes policies, standards, and procedures
governing the administrative discharge of enlisted persons
from the Armed Forces.
II. CANCELLATION
References (a) and (b) are hereby cancelled and superseded.
III. APPLICABILITY
The policies, standards, and procedures prescribed herein are
applicable to the Army, the Navy, the Air Force, and the Marine
Corps, and, by agreement with the Secretary of Transportation,
to the Coast Guard, and to all Reserve components thereof.
IV. DEFINITIONS
As used herein, the following definitions will apply:
A. Member - an enlisted man or an enlisted woman of an
armed force.
B. Discharge - complete severance from all military status.
C. Release from Active Duty - termination of active duty
status and transfer or reversion to a Reserve component
not on active duty.
#Third amendment (Ch 5, 8/13/69)
Dec 20, 65
1332.14
Continuation of IV.
D. Separation - a general term which includes discharge and re-
lease from active duty.
E. Administrative Separation - discharge or release from active
duty upon expiration of enlistment or required period of
service, or prior thereto, in the manner prescribed herein
or by law, but specifically excluding separation by sentence
of general or special court-martial.
F. Military Record - comprises a member's behavior while in
military service, including general comportment and perform-
ance of duty.
G. Prior Enlistment or Period of Service - service in any com-
ponent of the armed forces, including the Coast Guard, which
culminated in the issuance of a discharge certificate or
certificate of service.
H. Administrative Discharge Board - a board appointed to render
findings based on facts obtaining or believed to obtain in a
case and to recommend retention in the service or discharge
and reason for and the type of separation or discharge cer-
tificate to be furnished.
I. Discharge Authority - as established herein and implemented
by regulations issued by an Armed Force, an official author-
ized to take final action with respect to specified types of
discharge.
J. Respondent - a member of the Armed Forces who has been noti-
fied that action has been initiated with a view toward dis-
charging him under a specified service regulation.
K. Counsel - a lawyer within the meaning of article 27(b)(1) of
the Uniform Code of Military Justice unless appropriate
authority certifies in the permanent record the nonavailabil-
ity of a lawyer 80 qualified and sets forth the qualifications
of the substituted nonlawyer counsel.
L. Honorable Discharge - is separation from an Armed Force with
honor.
M. General Discharge - is separation from an Armed Force under
honorable conditions.
N. Undesirable Discharge - is separation from an Armed Force
under conditions other than honorable.
V.
POLICY
A. General. The Armed Forces have the right and the duty to
2
Dec 20, 65#
Continuation of VIII. B.
1332.14
specific basis therefor shall be included in the member's
permanent personnel records.
C. Discharge for Unsuitability. An Honorable or a General
Discharge, based on the standards prescribed in VII.G.,
above, may be issued by the commander exercising special
court-martial jurisdiction or higher authority.
1. A member with less than eight years of continuous active
military service will be notified in writing of the pro-
posed discharge action and will be afforded an opportunity
to make a statement in his own behalf or decline the
opportunity in writing. This correspondence will be
filed in the member's permanent personnel records.
2. A member with eight or more years of continuous active
military service will be discharged by reason of unsuit-
ability only in accordance with the safeguards and
procedures specified in paragraphs VII.D.1. and 2.,
below.
D. Undesirable Discharge. An Undesirable Discharge will be
directed by a commander exercising general court-martial
jurisdiction or by higher authority. This authority may be
delegated to a general or flag officer in command who has a
judge advocate on his staff for cases arising in that command.
Every action taken pursuant to such a delegation will state
the authority therefor. An Undesirable Discharge will be
issued in accordance with this Directive and the following
procedures and safeguards:
1. A member who is under military control will be notified
in writing of the basis for the proposed discharge action
and advised that he has the following rights:
a. To present his case before an administrative discharge
board
b. To be represented by counsel.
C. To waive the above rights in writing. If he so re-
quests, the member shall be given an opportunity to
consult with counsel prior to waiving his rights.
2. If a member waives his rights, the Discharge Authority
may disapprove the waiver and refer the case to an admin-
istrative discharge board, or direct retention on active
duty, or direct discharge by reason of unfitness, mis-
conduct, or security. If discharge is directed, the type
of certificate will be specified.
3. A member unable to appear in person before an adminis-
trative discharge board by reason of confinement by
civil authorities will be advised (by registered mail)
of the proposed discharge action, the type of discharge
certificate that may be issued, and the fact that action
has been suspended to give him the opportunity to exer-
cise the following rights:
a. To request appointment of a military counsel to
11
Second amendment (ch 4, 3/3/69)
Dec 20, 65#
1332.14
Continuation of VIII.D.3.a.
represent him and in his absence present his case before an
administrative discharge board.
b. To submit statements in his own behalf.
C. To waive the foregoing rights, either in writing or by declining to
reply to the letter of notification within a prescribed time limit.
4. A member beyond military control by reason of unauthorized absence:
a. may be issued an Undesirable Discharge in absentia only under the'
following circumstances:
(1) When the prosecution of the member is apparently barred by
Statute of Limitations (10 U.S. C. 843 (Art. 43) Uniform Code
of Military Justice (reference (e)). In those cases, an Undesir-
able Discharge may be issued at any time after it is determined
that prosecution is SO barred provided that upon consideration
of extenuating, mitigating and aggravating factors in each case
the discharge authority determines that the best interest of the
Military Service would be served by issuance of such discharge.
(2) When the Secretary of the Military Department concerned
determines that the issuance of such discharge would serve the
national interests.
b. will be notified of the imminent discharge action and the effective
date thereof by registered mail forwarded to the record address
of the member or the next of kin, as a ppropriate.
C. will be subject to the separation limitations of 10 U.S. C. 1163
(reference (f)) if he is a member of the reserve components.
5. A member who submits a resignation or requests discharge for the good
of the service may be issued an Undesirable Discharge without board
action provided he has been afforded the opportunity to consult counsel
and provided that the member certifies in writing his understanding that
he will receive a discharge under other than honorable conditions and
that he understands the adverse nature of such a discharge and the pos-
sible consequences thereof.
IX. ADMINISTRATIVE DISCHARGE BOARD
A. Composition. An administrative discharge board shall be comprised of at
least three experienced commissioned officers, at least one of whom shall
be serving in the grade of major/lieutenant commander or higher, and may
include a nonvoting recorder. The following provisions will apply if the
respondent is:
1. An enlisted member of a Reserve component or holds an appointment
as a Reserve commissioned or warrant officer, the membership shall
include a majority of Reserve officers if reasonably available. Where
a Reserve majority is not available, the board shall include at least one
Reserve component officer. Voting members shall be senior to the
respondent's Reserve grade.
2. An enlisted woman, the board shall include a female officer as a
voting member.
B. Procedures. The board functions as an administrative rather
than a judicial body. Strict rules of evidence need not be
observed. However, the chairman may impose reasonable re-
strictions as to relevancy, competency, and materiality of
12
#First amendment (Ch 5, 8/13/69)
DEPARTMENT OF DEFENSE
DIRECTIVES SYSTEM TRANSMITTAL
NUMBER
DATE
DISTRIBUTION
1332. 14 - Ch 6
October 26, 1973
1300 series
ATTACHMENTS
Pages 1&2 and 9&10 to DoD Directive 1332. 14, 12/20/65
FORD
is
GERALD
INSTRUCTIONS FOR RECIPIENTS
The Deputy Secretary of Defense approved the following page changes to DoD
Directive 1332. 14, "Administrative Discharges," dated December 20, 1965:
PAGE CHANGES
Remove: Pages 1&2 and 9&10
Insert: Attached replacement pages
Changes appear on pages 1 and 9 and are indicated by marginal asterisks.
EFFECTIVE DATE AND IMPLEMENTATION
The above changes are effective immediately. Two copies of revised implementing
regulations shall be forwarded to the Assistant Secretary of Defense (Manpower
and Reserve Affairs) within 60 days.
Maurie W. Roche
MAURICE W. ROCHE, Director
Correspondence and Directives
OASD(Comptroller)
WHEN PRESCRIBED ACTION HAS BEEN TAKEN, THIS TRANSMITTAL SHOULD BE FILED WITH THE BASIC DOCUMENT
SD
FORM
1 MAR 62
106_1
PREVIOUS EDITIONS ARE OBSOLETE
DEPAR TMENT OF DETENSE
December 20 1965 #
NUMBER 1332. 14
ASD(M&RA)
UNITED STATES of AMERICA
Department of Defense Directive
SUBJECT
Administrative Discharges
Refs: (a) DoD Directive 1332.14, subject as above, January 14,
1959, as amended (hereby cancelled)
(b) DoD Directive 1332.19, "Use of Records of Nonjudicial
Punishment," February 12, 1963 (hereby cancelled)
(c) DoD Directive. 5210.9, "Military Personnel Security
Program," June 19, 1956
(d) DoD directive 1300.11, "Illegal or Improper Use of
Drugs by Members of the Armed Forces," October 23, 1970
*
(e) Title 10, U.S.C., 843 (Art. 43), Uniform Code of Military
Justice
(f) Title 10, U.S.C., 1163
(g) DoD Instruction 1010.1, "Department of Defense Drug
Testing Program," March 29, 1973
(h) DoD Instruction 1010.2, "Alcohol Abuse by Personnel of
the Department of Defense," March 1, 1972
I.
PURPOSE
This Directive prescribes policies, standards, and procedures
governing the administrative discharge of enlisted persons
from the Armed Forces.
II. CANCELLATION
References (a) and (b) are hereby cancelled and superseded.
III. APPLICABILITY
The policies, standards, and procedures prescribed herein are
applicable to the Army, the Navy, the Air Force, and the Marine
Corps, and, by agreement with the Secretary of Transportation,
to the Coast Guard, and to all Reserve components thereof.
IV. DEFINITIONS
As used herein, the following definitions will apply:
A. Member - an enlisted man or an enlisted woman of an
Armed Force.
B. Discharge - complete severance from all military status.
C. Release from Active Duty - termination of active duty
status and transfer or reversion to a Reserve component
not on active duty.
#Fourth amendment (Ch 6, 10/26/73)
Dec 20, 65
1332.14
Continuation of IV.
D. Separation - a general term which includes discharge and re-
lease from active duty.
E. Administrative Separation - discharge or release from active
duty upon expiration of enlistment or required period of
service, or prior thereto, in the manner prescribed herein
or by law, but specifically excluding separation by sentence
of general or special court-martial.
F. Military Record - comprises a member's behavior while in
military service, including general comportment and perform-
ance of duty.
G. Prior Enlistment or Period of Service - service in any com-
ponent of the armed forces, including the Coast Guard, which
culminated in the issuance of a discharge certificate or
certificate of service.
H. Administrative Discharge Board - a board appointed to render
findings based on facts obtaining or believed to obtain in a
case and to recommend retention in the service or discharge
and reason for and the type of separation or discharge cer-
tificate to be furnished.
I. Discharge Authority - as established herein and implemented
by regulations issued by an Armed Force, an official author-
ized to take final action with respect to specified types of
discharge.
J. Respondent - a member of the Armed Forces who has been noti-
fied that action has been initiated with a view toward dis-
charging him under a specified service regulation.
K. Counsel - a lawyer within the meaning of article 27(b)(1) of
the Uniform Code of Military Justice unless appropriate
authority certifies in the permanent record the nonavailabil-
ity of a lawyer so qualified and sets forth the qualifications
of the substituted nonlawyer counsel.
L. Honorable Discharge - is separation from an Armed Force with
honor.
M. General Discharge - is separation from an Armed Force under
honorable conditions.
N. Undesirable Discharge - is separation from an Armed Force
under conditions other than honorable.
V.
POLICY
A. General. The Armed Forces have the right and the duty to
2
Dec 20, 65#
1332.14
defect, apparently beyond the control of the individual, elsewhere
not readily describable.
4. Enuresis
5. Alcohol abuse. Failure through inability or refusal to participate
in, cooperate in, or complete an alcohol abuse treatment and reha-
bilitation program.
6. Homosexual and other aberrant tendencies
7.
Financial irresponsibility
8. Personal abuse of drugs other than alcoholic beverages. When evi-
denced by a urinalysis test administered for identification of drug
abusers, or a member's volunteering for treatment for a drug prob-
lem under the Department of Defense Drug Identification and Treat-
ment Program and:
a. Member's record indicates lack of potential for continued mili-
tary service, or
b. Long-term rehabilitation is determined necessary and member is
transferred to Veterans Administration and/or civilian medical
facility for rehabilitation, or
c. Failure through inability or refusal to participate in, coop-
erate in, or complete a drug abuse treatment and rehabilitation
program.
H. Security. Discharge, with the character of discharge and under conditions
and procedures stipulated by the Secretary of Defense as set forth in DoD
Directive 5210.9, reference (c), which deals explicitly with this matter,
when retention is not clearly consistent with the interest of national se-
curity.
I. Unfitness. Discharges by reason of unfitness, with an Undersirable Dis-
charge, unless the particular circumstances in a given case warrant a
general or honorable discharge, when an individual's military record in
his current enlistment or period of obligated service includes one or
more of the following:
1. Frequent involvement of a discreditable nature with civil or military
authorities.
2. Sexual perversion including but not limited to (1) lewd and lasciv-
ious acts, (2) homosexual acts, (3) sodomy, (4) indecent exposure,
(5) indecent acts with or assault upon a child, or (6) other indecent
acts or offenses.
3. Drug abuse. Illegal, wrongful or improper use, possession, sale,
transfer, or introduction on a military installation of any narcotic
substance, marijuana, or dangerous drug, when supported by evidence
not attributed to a urinalysis administered for identification of
drug abusers or not attributed to a member's volunteering for treat-
ment under the Department of Defense Drug Identification and Treat-
ment Program.
4. An established pattern for shirking.
5. An established pattern showing dishonorable failure to pay just
debts.
6. An established pattern showing dishonorable failure to contribute
adequate support to dependents or failure to comply with orders,
decrees, or judgments of a civil court concerning support of
dependents.
7. Unsanitary habits.
J. Misconduct. Discharge by reason of misconduct, with an Un-
desirable Discharge, unless the particular circumstances in
a given case warrant a more favorable discharge, when one or
9
#Second amendment (Ch 6, 10/26/73)
Dec 20, 65#
1332.14
more of the following conditions have been determined:
1. Conviction by civil authorities (foreign or domestic)
or action taken which is tantamount to a finding of
guilty of an offense for which the maximum penalty under
the Uniform Code of Military Justice is death or con-
finement in excess of one year; or which involves moral
turpitude; or where the offender is adjudged a juvenile
delinquent, wayward minor, or youthful offender or is
placed on probation or punished in any way as the result
of an offense involving moral turpitude. If the offense
is not listed in the MCM Table of Maximum Punishments
or is not closely related to an offense listed therein,
the maximum punishments authorized by the U.S. Code or
the District of Columbia Code, whichever is lesser,
applies.
2. Procurement of a fraudulent enlistment, induction or
period of active service through any' deliberate
material misrepresentation, omission or concealment
which if known at the time might have resulted in
rejection.
3. Prolonged unauthorized absence. When unauthorized
continuous absence of one year or more has been
established.
K. Resignation or Request for Discharge for the Good of the
Service. Discharge by reason of resignation or request
for discharge for the good of the service, with an
Undesirable Discharge, where a member's conduct rendered
him triable by court-martial under circumstances which
could lead to a punitive discharge, subject to the pro-
cedures and safeguards specified elsewhere in this Directive.
VIII. PROCEDURES FOR DISCHARGE
In accordance with the standards hereinabove outlined , the
following procedures will be adhered to in effecting administrative
discharges:
A. Honorable Discharge. A separation with an Honorable Dis-
charge may be effected by the member's commanding officer
or higher, authority when the member is eligible for or
subject to discharge and it has been determined that he
merits an Honorable Discharge under the prescribed
standards.
B. General Discharge. A. separation with a General Discharge
may be effected by the commanding officer or higher
authority when the member is eligible for or is subject
to discharge and it has been determined under the pre-
scribed standards that such discharge is warranted.
When a General Discharge is issued for one of the
reasons listed in VII.A. through F., above, the
10
#Third amendment (Ch 3, 8/6/68)