Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
23810546
label
Clemency Program - Executive Order, Proclamation and Fact Sheets (2)
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
23810546
sourceUrl
contentType
document
title
Clemency Program - Executive Order, Proclamation and Fact Sheets (2)
citationUrl
collections
Philip W. Buchen Files
Philip Buchen's General Subject Files
subjects
President (1974-1977 : Ford). Presidential Clemency Board. (09/16/1974 - 09/15/1975)
Presidential messages
Executive orders
Amnesty
largeImageUrl
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
23810546
coverageEndDate
logicalDate
1974-09-01
month
9
year
1974
coverageStartDate
logicalDate
1974-09-01
month
9
year
1974
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
3d1e5e677005c9da
ocrText
The original documents are located in Box 4, folder "Clemency Program - Executive
Order, Proclamation and Fact Sheets (2)" of the Philip Buchen Files 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. Gerald R. Ford 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States of America his copyrights in all of his unpublished writings in National Archives collections.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 4 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
9/13/74
EXECUTIVE ORDER
DELEGATION OF CERTAIN FUNCTIONS VESTED IN THE
PRESIDENT TO THE DIRECTOR OF SELECTIVE SERVICE
By virtue of the authority vested in me as
President of the United States, as Commander in Chief
my powers under
and pursuant to the pardon power and the duty faithfully
to execute the laws provided by Article II, Sections 2
and 3 of the Constitution, and under Section 301 of
Title 3 of the United States Code, it is hereby ordered
as follows:
Section 1. The Director of Selective Service
is designated and empowered without the approval,
ratification or other action of the President, under
such regulations as he may prescribe, to establish,
implement, and administer the program of alternate
service authorized in the President's Proclamation
announcing a program for the return of Vietnam era draft
evaders and military deserters.
Sec. 2 Departments and agencies in the Executive
branch shall, upon the request of the Director of
Selective Service, cooperate and assist in the im--
plementation or administration of the Director's
duties under this Order, to the extent permitted by
law.
FORD LIBRARY
THE WHITE HOUSE,
EXECUTIVE ORDER
amitions for for
ESTABLISHING A CLEMENCY BOARD TO REVIEW CERTAIN
CONVICTIONS OF PERSONS UNDER SECTION 12 OF THE
MILITARY SELECTIVE SERVICE ACT AND CERTAIN
DISCHARGES ISSUED BECAUSE OF VIOLATIONS OF
ARTICLES 85, 86 ask 87 OF THE UNIFORM CODE OF
MILITARY JUSTICE AND TO MAKE RECOMMENDATIONS
FOR EXECUTIVE CLEMENCY WITH RESPECT THERETO
By virtue of the authority vested in me as President
of the United States by Section 2 of Article II of the
Constitution of the United States, and in the interest
of the internal management of the Government, it is
ordered as follows:
Section 1. There is hereby established a board
of 9 members, which shall be known as the Presidential
Clemency Board. The members of the Board shall be
appointed by the President, who shall also designate
its Chairman.
Sec. 2. The Board, under such regulations as it
may prescribe, shall examine the cases of persons who
apply prior to January 31, 1975, and who (i) have been
convicted of violating Section 12 of the Military Selective
Service Act (50ju.s.c. APP. App. $462), or of any rule or
regulation promulgated pursuant to that section, for
acts committed between August 4, 1964 and March 28, 1973,
or (ii) have received punitive or undesirable discharges
as a consequence of violations of Articles 85, 86 or 87
of the Uniform Code of Military Justice (10 U.S.C. $$885,
886, 887), that occurred between August 4, 1964 and
March 28, 1973. The Board will only, consider the cases
military Selective Severeact
of those Section 12 violators who were convicted of
unlawfully failing (i) to register, (ii) to report for
preinduction or induction examination, (iii) to report for
induction itself, or (iv) to report for or complete alternate
service. However, the Board will not consider the cases
re
of individuals who are precluded from entering the United
States under 8 U.S.C. 1182 (a) (22).
FORD LIBRARY
or are serving sentences of confirement for such crolations
2
Sec. 3. The Board shall report to the President its
findings and recommendations as to whether Executive Clemency
should be granted or denied in any case. If Clemency is recom-
mended, the Board shall also recommend the form that such
clemency should take, including clemency conditioned upon a
period of alternate service in the national interest. In the
case of an individual discharged from a military service with
a punitive or undesirable discharge, the Board may recommend
to the President that a Clemency Discharge be substituted
for a punitive or undesirable discharge. Determination of
any periof of alternate service shall be in accord with the
President Proclamation announcing a program for the return
of Vietnam era draft evaders and military deserters.
Sec. 4. The Board shall give priority consideration to
those applicants who are presently confined and have been
convicted only of an offense set forth in section 2 of this
order, and who have no outstanding criminal detainers. charges.
Sec. 5. Each member of the Board, except any member
who then receives other compensation from the United States,
may receive compensation for each day he or she is engaged
upon the work of the Board at not to exceed the daily rate
now or hereafter prescribed by law for persons and positions
in GS-18, as authorized by law (5 U.S.C. 3109), and may also
receive travel expenses, including per diem in lieu of sub-
sistence, as authorized by law (5 U.S.C. 5703) for persons in
the government service employed intermittently.
Sec. 6. Necessary expenses of the Board may be paid from
the Unanticipated Personnel Needs Fund of the President or from
such other funds as may be available.
GERALD FIBRARY
3
Sec. 7. All departments and agencies in the Executive
branch are authorized and directed to cooperate with the
Board in its work, and to furnish the Board all appropriate
information and assistance, to the extent permitted by law.
Sec. 8. The Board shall submit its final recommendations
to the President not later than December 31, 1976, at which
time it shall cease to exist.
THE WHITE HOUSE,
ANNOUNCING A PROGRAM FOR THE RETURN OF
VIETNAM ERA DRAFT EVADERS AND MILIATARY DESERTERS
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
The United States withdrew the last of its forces
from the Republic of Vietnam on March 28, 1973.
Over a year after the last American combatant had
left Vietnam, the status of thousands of our countrymen ---
convicted, charged, investigated or still sought for
violations of the Military Selective Service Act or of
the Uniform Code of Military Justice - remains unresolved.
In exile abroad or in hiding closer to home, they are adrift
from those they love and from the roots which can give
significance and purpose to their lives.
In furtherance of our national commitment to justice
and mercy these young Americans should have a second chance
to contribute a share to the rebuilding of peace among our-
selves and with all nations. They must be allowed the
opportunity to earn return to their country, their com-
munities, and their families, upon their agreement to a
period of alternate service in the national interest,
together with an indication of their allegiance to the
country and its Constitution.
In the period of its involvement in armed hostilities
in Southeast Asia, the United States suffered incalculable
losses. Many thousands died in combat; thousands more were
wounded; others are still listed as missing in action.
All Americans agree that desertion in time of war is
a major, serious offense; failure to respond to the country's
call for duty is likewise unacceptable. Reconciliation among
our people does not require that these acts be condoned.
Yet, reconciliation calls for an act of mercy to bind the
Nation's wounds and to heal the scars of divisiveness.
2
Now, therefore, I, Gerald R. Ford, President of the
United States, as Commander in Chief and pursuant to the
pardon power and the duty faithfully to execute the laws
provided by Article II, Sections 2 and 3 of the Constitution,
do hereby proclaim a program to commence October 1, 1974,
to afford reconciliation to Vietnam era draft evaders
and military deserters upon the following terms and
conditions:
1. Draft Evaders - An individual who allegedly
unlawfully failed to register, to report for preinduction
or induction examination, to report for induction itself,
or to report for or complete alternate service during the
period from August 4, 1964 to March 28, 1973, inclusive, and
who has not been adjudged guilty in a trial for such offense,
will be relieved of prosecution and punishment for such
offense if he (1) presents himself to a United States
Attorney within the period October 1, 1974 to January 31,
1975, inclusive, (2) executes an agreement acknowledging his
allegiance to the United States and pledging to fulfill a
period of alternate service under the auspices of the
Director of Selective Service, and (3) satisfactorily
completes such service. The alternate service shall pro-
mote the national health, safety, or interest.
Draft evaders chose not to accept the responsibility
of military service when their nation called. Thus, no
draft evader will be given the privilege of discharging
his obligation to complete a period of alternate service
by service in the Armed Forces.
The period of service shall be twenty-four months,
but may be reduced for mitigating circumstances as
determined by the Attorney General.
3
2. Military Deserters - Members of the military who
have been administratively classified as deserters by
reason of unauthorized absence and whose absence commenced
during the period from August 4, 1974, to March 28, 1973,
will be relieved of prosecution and punishment under
Articles 85, 86 and 87 of the Uniform Code of Military
Justice for such absence and for offenses directly related
thereto if within the period October 1, 1974 to January 31,
1975, inclusive, they execute an agreement with the Secretary
of the Military Department from which they are absent, acknowl-
edging their allegiance to the United States and pledging
to fulfill a period of alternate service under the auspices
of the Director of Selective Service for a period of twenty-
four months, which may be reduced for mitigating circumstances
as determined by the Secretary of the appropriate Military
Department. The alternate service shall promote the national
health, safety, or interest. However, if any such individual
has additional outstanding charges pending against him under
the Uniform Code of Military Justice, he will be eligible
to participate in this program only after a final disposition
of the additional charges has been reached in accordance
with law.
All such deserters who elect to seek relief through
this program will receive an undesirable discharge from
military service. Thereafter, upon satisfactory com-
pletion of a period of alternate service prescribed by
the Military Department, the individual will be entitled
to receive, in lieu of his undesirable discharge, a
clemency discharge in recognition of his fulfillment of
the requirements of the program. Such clemency discharge
shall not affect entitlement to benefits administered by
the Veterans Administration.
4
3. Presidential Clemency Board - Many individuals at
present stand convicted of draft evasion or have received
punitive or undesirable discharges from a Military Service
for having violated Articles 85, 86, or 87 of the Uniform
Code of Military Justice. By Executive Order, I have
this date established a Presidential Clemency Board which
will review the records of individuals in this category
who apply, and recommend to the President that clemency
be granted in appropriate cases. Where appropriate, the
Board may recommend that clemency be conditioned upon
completion of a period of alternate service.
4. Alternate Service - In prescribing the length of
alternate service in individual cases, the Attorney
General, the Secretary of the appropriate Military Depart-
ments, and the Clemency Board shall take into account such
honorable service as an individual may have rendered prior
to his absence, penalties already paid under the law, and
such other mitigating factors as may be appropriate
to assure equity between those who served their country
when called and those who will serve under this program.
In witness whereof, I have hereunto set my hand this
day of September in the year of our Lord
nineteen hundred seventy-four, and of the Independence
of the United States of America the one hundred and
ninety-ninth.
FACT SHEET
The President has today issued a Proclamation and Executive
Orders establishing a program of clemency for draft evaders
and military deserters to commence This program
has been formulated to permit these individuals to return to
American society without risking criminal prosecution or in-
carceration for qualifying offenses if they acknowledge their
allegiance to the United States and satisfactorily serve a period
of alternate civilian service.
The program is designed to conciliate divergent elements of
American society which were polarized by the protracted period
of conscription necessary to sustain United States activities
in Vietnam. Thus, only those who were delinquent with respect
to required military service between the date of the Tonkin
Gulf Resolution (August 4, 1964) and the date of withdrawal of
United States forces from Vietnam (March 28, 1973) will be
eligible. Further, only the offenses of draft evasion and
prolonged unauthorized absence from military service (referred
to hereinafter as desertion) are covered by the program.
Essential features of the program are outlined below.
1. Number of Draft Evaders. There are approximately 15,500
draft evaders potentially eligible. Of these some 8,700 have
been convicted of draft evasion. Approximately 4,350 are under
indictment at the present time, of which some 4,060 are listed
as fugitives. An estimated 3,000 of these are in Canada. A
further 2,250 individuals are under investigation with no pend-
ing indictments. It is estimated that approximately 130 persons
are still serving prison sentences for draft evasion.
2. Number of Military Deserters. Desertion, for the purposes
of this program, refers to the status of those members of the
armed forces who absented themselves from military service
without authorization for thirty days or more. During the
Vietnam era it is estimated that there were some 500,000 in-
cidents of desertion as so defined. Of this 500,000 a number
were charged with offenses other than desertion at the time
they absented themselves. These other offenses are not within
the purview of the clemency program for deserters. Approximately
12,500 of the deserters are still at large of whom about 1,500
are in Canada. Some 660 deserters are at present serving sen-
tences to confinement or are awaiting trial under the Uniform
Code of Military Justice.
3. Unconvicted Evader. Draft evaders will report to the U.S.
Attorney for the district in which they allegedly committed
their offense.
Draft evaders participating in this program will be required to
make a written agreement with the U.S. Attorney to perform
alternate service, under the auspices of the Director of the
Selective Service System. The agreement will include an ac-
knowledgement that the alternate service indicates allegiance
to the United States. upon execution this agreement participants will to required to report
The duration of alternate service will be 24 months, but may
as expeditionsly as possible hat within not liss than fiftern days to the State Silective Service Director the state
be reduced for mitigating factors as determined by the U.S.
Attorney.
and his State Directors
The Director of the Selective Service System will have the
responsibility to find alternate service jobs for those who
report. Upon satisfactory completion of the alternate service,
the Director will issue a certificate of satisfactory completion
to the individual and U.S. Attorney, who will either move to
dismiss the indictment if one is outstanding, or agree not to
press possible charges in cases where an indictment has not
been returned.
LIBRARY GERALD FORD
If the draft evader fails to perform the agreed term of alternate
service, the U.S. Attorney will be free to, and in normal circum-
stances will, resume prosecution of the case as provided in the
terms of the agreement.
Aliens who fled the country to evade the draft will be ineligible
to participate in the program.
4. Unconvicted Military Absentees. Military absentees who have
no other pending charges may elect to participate in the program.
Those who make such an election will be required to execute a
reaffirmation of allegiance and pledge to perform a period of
alternate civilian service. Those against whom other charges under
the Uniform Code of Military Justice are pending will not be eli-
gible to participate in the program until these other charges are
disposed of in accordance with the law. Participants in the pro-
gram will be separated with an undesirable discharge. Although
these discharges will not be coded on their face in any manner,
the Veterans Administration will be advised that the recipients
them fifteen days
were discharged for willful and persistent unauthorized absence.
They will thus not be eligible for any benefits provided by the
Veterans Administration.
The length of required alternate civilian service will be
determined by the parent Services for each individual on a case-
by-case basis. The length of service will be 24 months, but may
be reduced for military service already completed or for other
mitigating factors as determined by the parent Service as After
as
probible
being discharged each individual will be to the
Director of the Selective Service Director System for assignment to pre-
scribed work. Upon certification that this work has been satis-
factorily completed, the individual may submit the certification
to his former Service. The Service will then issue a special new
type of discharge -- a Clemency Discharge - which will be sub-
stituted for the previously awarded undesirable discharge.
bestow
the new Clemency Discharge will not constitute entitle-
ment to Veterans Administration benefits.
5. Presidential Clemency Board. Those already convicted of draft
evasion or who were discharged from the military because of a
military absentee offense during the Vietnam era may apply for
clemency to a nine member Clemency Board, established by Executive
Order. The Board will review their records and recommend clemency
on a case-by-case basis to the President. In the absence of
aggravating circumstances, the Clemency Board would be expected
to recommend clemency. When appropriate, the Board could recom-
mend clemency conditioned upon some alternate service.
he Clemency Board could also recommend to the President that a
clemency discharge be substituted for a punitive or undesirable
discharge in the case of a military absentee.
The Board has been instructed to give priority consideration to
individuals currently incarcerated. The President has also asked
that their be suspended as soon as possible, pending
the Board's review.
alternate characteristics. civilian service will hir the following
6. Alternate Civilian Service. A Determining factors dette colecting
suit
a. Work performed will contribute to health programs,
recognized charitable projects of widespread
benefit to the public at large, safety campaigns,
programs designed to promote the national interest,
ket.
The
or local welfare efforts.
ere are
able.
b. Participants will not be assigned to jobs for which
there are more than enough qualified applicants in
the local labor market.
c. Compensation paid to participants will not exceed
LISA GERALD FORD
that of the lowest pay grade in the military.
d. Participants may utilize their special skills.
e. Participants will normal By work outside of their
home communities.
3. Compensation. The compensation will provide a standard
of living to the applicant reasonably comparable to the
standard of living the same man would enjoy if he were
entering the military service
4. Skill and talent utilization. Where possible an
applicant may utilize his special skills.
In prescribing the length, of alternate service in individual
cases, the Attorney the Military Departments and the
Clemency Board shall take into account such honorable service
as an individual may have rendered prior to his absence,
penalties already paid under the law, and such other mitigating
factors as may be appropriate to assure equity between those
who serve their country when called and those who will serve
under this program.
7. No Grace Period. It is not contemplated that there will be
a grace period for those outside the country to return and
negotiate for clemency with the option of again fleeing the
jurisdiction.
FORD LIBRARY
BY THE PRESIDENT OF THE UNITED STATES
PROCLAMATION
Announcing a Program for the Return of
Vietnam Era Draft Evaders and Military Deserters
A PROCLAMATION
The United States withdrew the last of its forces from the
Republic of Vietnam on March 28, 1973.
Over a year after the last American combatant had left Vietnam,
the status of thousands of our countrymen convicted, charged, inves-
tigated or still sought for violations of the Military Selective Service Act
or of the Uniform Code of Military Justice -- remains unresolved. In
exile abroad or in hiding closer to home, they are adrift from those they
love and from the roots which can give significance and purpose to their
lives.
In furtherance of our national commitment to justice and mercy
these young Americans should have a second chance to contribute a
share to the rebuilding of peace among ourselves and with all nations.
They must be allowed the opportunity to earn return to their country,
their communities, and their families, upon their agreement to a
period of alternate service in the National Service together with an
indication of their allegiance to the country and its Constitution.
In the period of its involvement in armed hostilities in Southeast
Asia, the United States suffered incalculable losses. Many thousands
died in combat; thousands more were wounded; others are still listed as
missing in action.
All Americans agree that Desertion in time of war is a major,
serious offense; failure to respond to the country's call for duty is
likewise unacceptable. Reconciliation among our people does not require
that these acts be condoned. Yet, reconciliation calls for an act of
mercy to find the nation's wounds and to heal the scars of divisiveness.
YORD
Now therefore, I, Gerald R. Ford, President of the United
States, as Commander in Chief and pursuant to the pardon power and
the power faithfully to execute the laws conferred upon me by Article II,
Sections 2 ummediately and 3 of the Constitution, do hereby proclaim a program to
commence October 1, 1974 to afford reconciliation to Vietnam era draft
evaders and military deserters upon the following terms and conditions:
1. Draft Evaders - An individual citizen who allegedly unlawfully
failed to register, to report for preinduction or induction examination,
to report for induction itself, or to report for or complete alternate
service during the period from August 4, 1964 to March 28, 1973 and
who has not been adjudged guilty in a trial for such offense, will be
relieved of prosecution and punishment for such offense if he (1) reports
from today until
to a United States Attorney within the period October 1, 1974 to January 31,
1975, (2) executes an agreement acknowledging his allegiance to the
United States and pledging to fulfill a period of alternate service under
the auspices of the Director of the Selective Service System, and
(3) satisfactorily completes such service. The alternate service shall
promote the national health, safety, or interest.
Draft evaders chose not to accept the responsibility of military
service when their nation called. Thus, no draft evader will be given
the privilege of discharging his obligation to complete a period of
alternate service by service in the Armed Forces.
The period of service shall be twenty-four months, but shall be
reduced by mitigating circumstances as determined by the Attorney
General.
2. Military Deserters - Members of the military who have been
administrati vely classified as deserters by reason of unauthorized absence
and whose absence commenced during the period from August 4, 1964 to
March 28, 1973 will be relieved of prosecution and punishment under
Articles 85, 86 and 87 of the Uniform Code of Military Justice and for
from today until
offenses directly related thereto if within the period October 1, 1974 to
January 31, 1975 they execute an agreement with the Secretary of the
Military Department from which they are absent acknowledging their
allegiance to the United States and pledging to fulfill a period of
alternate service under the auspices of the Director of the Selective
Service System for a period of twenty-four months, but shall be
-2-
FORD is LIBRARY 075339
reduced for mitigating circumstances as determined by the Secretary
of the Military Department. The alternate service shall promote the
national health, safety, or interest. However, if any such individual
has additional outstanding charges pending against him under the
Uniform Code of Military Justice, he will be eligible to participate in
this program only after a final disposition of the additional charges
has been reached in accordance with law.
All such deserters who elect to seek relief through this program
will receive an undesirable discharge from military service. There-
after, upon satisfactory completion of a period of alternate service
prescribed by the Military Department, the individual will be entitled
to receive, in lieu of his undesirable discharge, a clemency discharge
in recognition of his fulfillment of the requirements of the program.
3. Presidential Clemency Board. Many individuals at present
stand convicted of draft evasion or have received punitive or undesirable
discharges from a Military Service for having violated Articles 85, 86,
or 87 of the Uniform Code of Military Justice. By Executive Order, I
have this date established a Presidential Clemency Board which will
review the records of individuals in this category who apply, and
recommend to the President that clemency be granted in appropriate
cases. Where appropriate, the Board may recommend that clemency be
conditioned upon completion of a period of alternate service.
4. Alternate Service - In prescribing the length of alternate
service in individual cases, the Attorney General, the Military Depart-
ments, and the Clemency Board shall take into account such honorable
service as an individual may have rendered prior to his absence, penalties
already paid under the laws and such other mitigating factors as may be
appropriate to assure equity between those who served their country
when called and those who will serve under this program.
In witness hereof, I have hereunto set my hand this
day
of September in the year of our Lord Nineteen Hundred Seventy-Four,
and of the independence of the United States of America the 199th.
-3-
BY THE PRESIDENT OF THE UNITED STATES
PROCLAMATION
Announcing a Program for the Return of
Vietnam Era Draft Evaders and Military Deserters
A PROCLAMATION
The United States withdrew the last of its forces from
the Republic of Vietnam on March 28, 1973.
Over a year after the last American combatant had left
Vietnam, the status of thousands of our countrymen --
convicted, charged, investigated or still sought for viola-
tions of the Military Selective Service Act or of the
Uniform Code of Military Justice --- remains unresolved. In
exile abroad or in hiding closer to home, they are adrift
from those they love and from the roots which can give
significance and purpose to their lives.
In furtherance of our national commitment to justice
and mercy these young Americans should have a second chance
to contribute a share to the rebuilding of peace among our-
selves and with all nations. They must be allowed the
opportunity to earn return to their country, their communities,
and their families, togethewith upon their agreement to a period of
a
Hermate national service # an indication of their allegiance to the
country and its constitutions form of government.
the national interest,
In the period of its involvement in armed hostilities in
Southeast Asia, the United States suffered incalculable great losses.
Many thousands died in combat; thousands more were condemned wounded
to lives of less than full productivity and self satisfaction
because of the wounds they received Many thers are missing
in action. As a. nation, we continue to pay the price for
these tragic losses; they are irredeemable
All Americans agree that resertion in time of war is a
serious offense; failure to respond to the country's call for
duty is likewise unacceptable. The objective of reconciliation
shows be
of differences among our people does not require that we these acts
among us people
condone. these acts. However, the necessity of reconciliation
requires an act of mercy to bind the nation's wounds and to
heal the scars of divisiveness.
FORD :- LIBRARY GENALD
the the Proc seek to reach
For those covered by this Proclamation to remain away
will not bring back those whom we have lost. These young
men are absent without leave from the real America. They
must be allowed to earn their return to their country,
their communities, and their families.
Now therefore, I, Gerald R. Ford, President of the
United States, as Commander in Chief and pursuant to the
pardon power and the power faithfully to execute the laws
conferred upon me by Article II, Sections 2 and 3 of the
Constitution, do hereby proclaim a program to commence
ctober 1, 1971 to afford reconciliation to Vietnam era draft
evaders and military deserters upon the following terms and
conditions:
who not barred ne
1. Draft Evaders - An individual citizen who allegedly
unlawfully failed to register, to report for preinduction or
induction examination, to report for induction itself, or to
report for or complete alternate service during the period
from August 4, 1964 to March 28, 1973 and who has not been
adjudged guilty in a trial for such offense, will be relieved
of prosecution and punishment for such offense if he
change
(1) reports to a United States Attorney within the period
October 1, 1974 to January 31, 1975, (2) executes an agreement
acknowledging his allegiance to the United States and pledging
to fulfill a period of alternate service under the auspices of
the Director of the Selective Service System, and (3) satis-
factorily completes such service. The alternate service shall Bances
promote the national health, safety, or interest.
Change
Draft evaders chose not to accept the responsibility of
military service when their nation called. The noto draft evader
will be given the privilege of discharging his obligation to
complete a period of alternate service by service in the
Armed Forces.
24 mails may he reduce
longe
The period of service shall be as determined by the
Attorney General, but not less than six months nor in excess
gott
of twenty-four months.
Provided
Deserters
2. Military Evaders - Members of the military who have
been administratively classified as deserters by reason of
unauthorized absence and whose absence commenced during the
period from August 4, 1964 to March 28, 1973 will be relieved
of prosecution and punishment under Articles 85, 86 and 87
of the Uniform Code of Military Justice and for offenses
change
directly related thereto if within the period October 1, 1974
to January 31, 1975 they execute an agreement with the
Secretary of the Military Department from which they are
- 2 -
FORD is LIBRARY GERALD
absent acknowledging their allegiance to the United States
and pledging to fulfill a period of alternate service under
the auspices of the Director of the Selective Service System
U.S. Use
access
for a period not less than six months nor in excess of twenty-
Geoff
four months. The alternate service shall promote the national
health, safety, or interest. However, if any such individual
has additional outstanding charges pending against him under
the Uniform Code of Military Justice, he will be eligible
to participate in this program only after a final disposition
of the additional charges have been reached in accordance
with law.
has
All such deserters who elect to seek relief through this
program (immediately] will receive an undesirable discharge
from military service. Thereafter, upon satisfactory proof
of completion of a period of alternate service prescribed by
the Military Department, the individual will be entitled to
receive, in lieu of his undesirable discharge, a clemency
discharge in recognition of his fulfillment of the require-
ments of the program.
Presidential Clemency Board
3. Post conviction or Post discharge Cases - Many
individuals at present stand convicted of draft evasion or
have received punitive or undesirable discharges from a
Military Service for having violated Articles 85, 86, or 87
of the Uniform Code of Military Justice. By Executive Order,
I have this date established a Presidential Clemency Board
which will review the records of individuals in this category
who apply, and recommend to the President that clemency be
granted in appropriate cases. Where appropriate, the Board
may recommend that clemency be conditioned upon completion
of a period of alternate service.
4. Alternate Service - In prescribing the length of
alternate service in individual cases, the Attorney General,
the Military Departments, and the Clemency Board shall take
into account such honorable service as an individual may have
rendered prior to his absence, penalties already paid under
the lawa and such other mitigating factors as may be
appropriate to assure equity between those who served their
country when called and those who will serve under this program.
in witness hereof, I have hereunto set my hand this
day of September in the year of our Lord Nineteen
Hundred Seventy-Four, and of the independence of the United
States of America the 199th.
- 3 -
FORD is LIBRARY GERALD
FACT SHEET
The President has today issued a Proclamation and
Executive Orders establishing a program of clemency for draft
evaders and military deserters to commence October 1, 1974 immediated
This program has been formulated to permit these individuals
to return to American society without risking criminal pro-
secution or incarceration, if they acknowledge their allegiance
to the United States and pledge to serve a period of alter-
nate civilian service. (for qualifying offenses
The program is designed to conciliate divergent elements
of American society which were polarized by the protracted
period of conscription necessary to sustain United States
activities in Vietnam. Thus, only those who were delinquent
with respect to required military service between the date
of the Tonkin Gulf Resolution (August 4, 1964) and the date
of withdrawal of United States forces from Vietnam (March 28,
1973) will be eligible. Further, only the offenses of draft
evasion and prolonged unauthorized absence from military
service (referred to hereinafter as desertion) are covered
by the program.
Essential features of the program are outlined below.
1. Number of Draft Evaders. There are approximately
15,500 draft evaders potentially eligible. Of these some
8,700 have been convicted of draft evasion. Approximately
4,350 are under indictment at the present time, of which
some 4,060 are listed as fugitives. An estimated 3,000 of
these are in Canada. A further 2,250 individuals are under
investigation with no pending indictments. It is estimated
that approximately 130 persons are still serving prison
sentences for draft evasion.
2. Number of Military Deserters. Desertion, for the
purposes of this program, refers to the status of those
members of the armed forces who absented themselves from
military service without authorization for thirty days or
more. During the Vietnam era it is estimated that there
were some 500,000 incidents of desertion as so defined. Of
this 500,000 a number were charged with offenses other than
desertion at the time they absented themselves. These other
offenses are not within the purview of the clemency program
for deserters. Approximately 12,500 of the deserters are
FORD is LIBRARY BERALD
still at large of whom about 1,500 are in Canada. Some
660 deserters are at present serving sentences to confinement
Justice.
or are awaiting trial 300ml under the Uniform Code of Military
5
Clemenary Clemency Board leave m.)
M
Military Absentees and Convicted Evaders. Those
already convicted of draft evasion or who were discharged
Cony
from the military service with a punitive or undesirable
discharge because of a military absentee offense during
the Vietnam era may apply for clemency to a name five member
Clemency Board, established by Executive Order. The Board
will review their records and recommend clemency on a a case-
by-case basis to the President. In the absence of exacerbs
circumstances, the Clemency Board would be expected to recommend
clemency. When appropriate, the Board could recommend clemency
conditioned upon some alternate service.
The Clemency Board could also recommend to the President
that a clemency discharge be substituted for a punitive
or undesirable discharge in the case of a military absentee.
The Board has been instructed etc.
7 4. Unconvicted Evader. Draft evaders will report to
the U. S. Attorney for the district in which they allegedly
committed their offense.
Draft evaders participating in this program will be
required to make a written agreement with the U. S. Attorney
to perform alternate service, under the auspices of the
Director of the Selective Service System. The agreement will
include an acknowledgement that the alternate service indicates
allegiance to the United States.
The duration of alternate service will be from 6 to 24
months, as determined by the U. S. Attorney. For example,
extreme family hardship might justify a short term.
The Director of the Selective Service System will have
the responsibility to find alternate service jobs for those
who report. The Director may issue a certificate of
satisfactory completion at the end of the alternate service
to the individual and U. S. Attorney, who will either move
to dismiss the indictment if one is outstanding, or drop
possible charges in cases where an indictment has not been
returned.
- 2 -
FORD is LIBRARY 078870
If the draft evader fails to perform the agreed term
of alternate service, the U. S. Attorney will be free to,
and in normal circumstances will, resume prosecution of
the case as provided in the terms of the agreement.
Aliens who fled the country to evade the draft will be
ineligible to participate in the program.
Unconvicted Military Absentees. Military absentees
who have no other pending charges may elect to participate
in the program. Those who make such an election will be
required to execute a reaffirmation of allegiance and pledge
to perform a period of alternate civilian service. Those
against whom other charges under the Uniform Code of Military
Justice are pending will not be eligible to participate in
the program until these other charges are disposed of in
accordance with law. Participants in the program will be
separated with an undesirable discharge. Although these
discharges will not be coded on their face in any manner,
the Veterans Administration will be advised that the recipients
were discharged for willful and persistent unauthorized absence.
They will thus not be eligible for any benefits provided by
the Veterans Administration.
The length of required alternate civilian service will
be determined by the parent Services for each individual on
a case-by-case basis. The length of service will be from 6
to 24 months. After being discharged each individual will
be referred to the Director of the Selective Service System for
assignment to prescribed work. Upon certification that this
work has been satisfactorily completed, the individual may
submit the certification to his former Service. The Service
will then issue a special new type of discharge--a Clemency
Discharge--which will be substituted for the previously
awarded undesirable discharge. However, the new Clemency
Discharge will not constitute entitlement to Veterans Admin-
istration benefits.
6. Alternate Civilian Service. Determining factors in
selecting suitable alternate service jobs will be:
1. National Health, Safety or Interest.
2. Noninterference with the competitive labor
market. The applicant cannot be assigned to a job
for which there are more numerous qualified applicants
than jobs available.
- 3 -
FORD & LIBRARY 078870
splicant
3. Compensation. The compensation will provide
a standard of living to the registrant reasonably
comparable to the standard of living the same man
is
would enjoy had he gene the military service.
were entering where persible
may utilize his special skills.
4. Skill and talent utilization. Л an applicant
5. Job location. An applicant will normally
work outside his community of residence
7. No Grace Period. It is not contemplated that there
will be a grace period for those outside the country to return
and negotiate for clemency with the option of again fleeing
the jurisdiction.
para4. - proc.
FURDO is LIBRARY 07V830
FACT SHEET
The President has today issued a Proclamation and
Executive Orders establishing a program of clemency for draft
evaders and military deserters to commence October 1, 1974.
This program has been formulated to permit these individuals
to return to American society without risking criminal pro-
secution or incarceration if they acknowledge their allegiance
to the United States and pledge to serve a period of alter-
nate civilian service.
The program is designed to conciliate divergent elements
of American society which were polarized by the protracted
period of conscription necessary to sustain United States
activities in Vietnam. Thus, only those who were delinquent
with respect to required military service between the date
of the Tonkin Gulf Resolution (August 4, 1964) and the date
of withdrawal of United States forces from Vietnam (March 28,
1973) will be eligible. Further, only the offenses of draft
evasion and prolonged unauthorized absence from military
service (referred to hereinafter as desertion) are covered
by the program.
Essential features of the program are outlined below.
1. Number of Draft Evaders. There are approximately
15,500 draft evaders potentially eligible. Of these some
8,700 have been convicted of draft evasion. Approximately
4,350 are under indictment at the present time, of which
some 4,060 are listed as fugitives. An estimated 3,000 of
these are in Canada. A further 2,250 individuals are under
investigation with no pending indictments. It is estimated
that approximately 130 persons are still serving prison
sentences for draft evasion.
2. Number of Military Deserters. Desertion, for the
purposes of this program, refers to the status of those
members of the armed forces who absented themselves from
military service without authorization for thirty days or
more. During the Vietnam era it is estimated that there
were some 500,000 incidents of desertion as SO defined. Of
this 500,000 a number were charged with offenses other than
desertion at the time they absented themselves. These other
offenses are not within the purview of the clemency program
for deserters. Approximately 12,500 of the deserters are
FORD
still at large of whom about 1,500 are in Canada. Some
660 deserters are at present serving sentences to confinement
or are awaiting trial under the Uniform Code of Military
Justice.
3. Military Absentees and Convicted Evaders. Those
already convicted of draft evasion or who were discharged
from the military service with a punitive or undesirable
discharge because of a military absentee offense during
the Vietnam era may apply for clemency to a five member
Clemency Board, established by Executive Order. The Board
will review their records and recommend clemency on a case-
by-case basis to the President. In the absence of exacerbating
circumstances, the Clemency Board would be expected to recommend
clemency. When appropriate, the Board could recommend clemency
conditioned upon some alternate service.
The Clemency Board could also recommend to the President
that a clemency discharge be substituted for a punitive
or undesirable discharge in the case of a military absentee.
4. Unconvicted Evader. Draft evaders will report to
the U. S. Attorney for the district in which they allegedly
committed their offense.
Draft evaders participating in this program will be
required to make a written agreement with the U. S. Attorney
to perform alternate service, under the auspices of the
Director of the Selective Service System. The agreement will
include an acknowledgement that the alternate service indicates
allegiance to the United States.
The duration of alternate service will be from 6 to 24
months, as determined by the U. S. Attorney. For example,
extreme family hardship might justify a short term.
The Director of the Selective Service System will have
the responsibility to find alternate service jobs for those
who report. The Director may issue a certificate of
satisfactory completion at the end of the alternate service
to the individual and U. S. Attorney, who will either move
to dismiss the indictment if one is outstanding, or drop
possible charges in cases where an indictment has not been
returned.
- 2 -
FORD
If the draft evader fails to perform the agreed term
of alternate service, the U. S. Attorney will be free to,
and in normal circumstances will, resume prosecution of
the case as provided in the terms of the agreement.
Aliens who fled the country to evade the draft will be
ineligible to participate in the program.
5. Unconvicted Military Absentees. Military absentees
who have no other pending charges may elect to participate
in the program. Those who make such an election will be
required to execute a reaffirmation of allegiance and pledge
to perform a period of alternate civilian service. Those
against whom other charges under the Uniform Code of Military
Justice are pending will not be eligible to participate in
the program until these other charges are disposed of in
accordance with law. Participants in the program will be
separated with an undesirable discharge. Although these
discharges will not be coded on their face in any manner,
the Veterans Administration will be advised that the recipients
were discharged for willful and persistent unauthorized absence.
They will thus not be eligible for any benefits provided by
the Veterans Administration.
The length of required alternate civilian service will
be determined by the parent Services for each individual on
a case-by-case basis. The length of service will be from 6
to 24 months. After being discharged each individual will
be referred to the Director of the Selective Service System for
assignment to prescribed work. Upon certification that this
work has been satisfactorily completed, the individual may
submit the certification to his former Service. The Service
will then issue a special new type of discharge--a Clemency
Discharge--which will be substituted for the previously
awarded undesirable discharge. However, the new Clemency
Discharge will not constitute entitlement to Veterans Admin-
istration benefits.
6. Alternate Civilian Service. Determining factors in
selecting suitable alternate service jobs will be:
1. National Health, Safety or Interest.
2. Noninterference with the competitive labor
market. The applicant cannot be assigned to a job
for which there are more numerous qualified applicants
than jobs available.
- 3 1
3. Compensation. The compensation will provide
a standard of living to the registrant reasonably
comparable to the standard of living the same man
would enjoy had he gone into the military service.
4. Skill and talent utilization. An applicant
may utilize his special skills.
5. Job location. An applicant will normally
work outside his community of residence.
7. No Grace Period. It is not contemplated that there
will be a grace period for those outside the country to return
and negotiate for clemency with the option of again fleeing
the jurisdiction.
Executive Order
Delegation of Certain Functions Vested in the
President to the Director of the Selective
Service System to Effectuate the
President's Pardon Power
By virtue of the authority vested in me as President
of the United States under Article II, Section 2 of the
Constitution and under Section 301 of Title 3 of the
United States Code, it is hereby ordered as follows:
Section 1. The Director of the Selective Service
System is designated and empowered without the approval,
ratification or other action of the President, to establish,
implement, and administer the program of alternate service
authorized in the President's Proclamation
.
Section 2. Departments and agencies in the Executive
branch shall, upon the request of the Director of the
Selective Service System, cooperate and assist in the im-
plementation or administration of the Director's duties
under this Order.
Gerald R. Ford
September 9, 1974
FORD
low cd
Executive Order
Establishing A Clemency Board To Review Grtam
Convictions of Persons Under Section 12
Of The Military Selective Service Act And Certain
Discharges Issued Pursuant Because To Articles lations 85, 86 and
87 Of The Uniform Code Of Military Justice
And To Make Recommendations For Executive
Clemency With Respect Thereto
By virtue of the authority vested in me as President of
the United States by Section 2 of Article II of the Constitu-
tion of the United States, and in the interest of the internal
management of the Government, it is ordered as follows:
nine
1. There is hereby established a board of five members,
which shall be known as the Presidential Clemency
Board. The members of the Board shall be appointed
by the President, who shall also designate its
Chairman.
2. The Board, under such regulations as it may prescribe
shall examine the cases of persons who apply thin to
before January 31,
Emonths of this Order and who have been convicted of
violating Section 12 of the Military Selective
Service Act (50 App. U.S.C. S462), or of any rule of
regulation promulgated pursuant to that section, for
acts committed between August 4, 1964 and March 28,
1973, or (2) have received punitive or undesirable
discharges pursuant to a violation of Articles 85,
86 or 87 of the Uniform Code of Military Justice
(10 U.S.C. $885, 886, 887) that occurred between
August 4, 1964 and March 28, 1973. The Board will
only consider the cases of Section 12 violators who
were convicted of unlawfully failing (1) to register,
(2) to report for preinduction or induction examina-
tion, (3) to report for induction itself, or (4) to
report for or complete alternate service. However,
the Board will not consider the cases of individuals
who are precluded from entering the United States
under 8 U.S.C. 1182 (a) (22).
want
3. The Board shall report to the President its
findings and recommendations as to whether Executive
Clemency should be granted or denied in any case.
FORD & LIBRARY QERALD
If clemency is recommended, the Board shall also
C lemency conditioned
recommend the form that such clemency should take including
In the case of an individual discharged from a
you a period of
military service with a punitive or undesirable
discharge, the Board may recommend to the President
altenate service
that a Elemency Discharge be substituted for a
in the national
punitive or undesirable discharge. Absent exacer-
interest E
bating circumo tances, the Beard is expected to
Proclamation and of alternate service shall consideration made in ac condonce with the
recommend that clemency be granted. Reta mination of any
the
The Board shall give priorit those applicants
who are presently incarcerated and have only been
convicted
convicted ofydraft evasionyand who have no outstanding
and who have only detainers. been offenses set fath of smilitary in paragraph absence offerres 21 and who have
5. The members of the Board, except the Chairman, shall no,
be paid at a GS-17 per diem rate. The Chairman shall other
be paid at a GS-18 per diem rate. All members shall outstand
be performance entitled of to their necessary duties expenses under incurred this Order. in the changes?
6. All executive departments and agencies of the
Federal Government are authorized and directed to
cooperate with the Board in its work, and to furnish
the Board all appropriate information and assistance,
7. The Board shall cease to exist, unless otherwise
provided by further Executive Order, upon the
submission of its final recommendations to the
President, not later than December 31, 1976.
The Board may from time
FORD is LIBRARY
EXECUTIVE ORDER
DELEGATION OF CERTAIN FUNCTIONS VESTED IN THE
PRESIDENT TO THE DIRECTOR OF SELECTIVE SERVICE
By virtue of the authority vested in me as
President of the United States, as Commander in Chief
and pursuant to the pardon power and the duty faithfully
to execute the laws provided by Article II, Sections 2
and 3 of the Constitution, and under Section 301 of
Title 3 of the United States Code, it is hereby ordered
as follows:
Section 1. The Director of Selective Service
is designated and empowered without the approval,
ratification or other action of the President, under
such regulations as he may prescribe, to establish,
implement, and administer the program of alternate
service authorized in the President's Proclamation
announcing a program for the return of Vietnam era draft
evaders and military deserters.
Sec. 2 Departments and agencies in the Executive
branch shall, upon the request of the Director of
Selective Service, cooperate and assist in the im-
plementation or administration of the Director's
duties under this Order, to the extent permitted by
law.
THE WHITE HOUSE,
FORO a LIBRARY GERALD
ANNOUNCING A PROGRAM FOR THE RETURN OF
VIETNAM ERA DRAFT EVADERS AND MILITARY DESERTERS
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
The United States withdrew the last of its forces from
the Republic of Vietnam on March 28, 1973.
In the period of its involvement in armed hostilities in
Southeast Asia, the United States suffered great losses. Many
thousands died in combat; thousands more were wounded; others
are still listed as missing in action.
Over a year after the last American combatant had left
Vietnam, the status of thousands of our countrymen -- convicted,
charged, investigatted or still sought for violations of the Military
Selective Service Act or of the Uniform Code of Military Justice --
remains unresolved.
In furtherance of our national commitment to justice and
merey these young Americans should have a second chance to
contribute a share to the rebuilding of peace among ourselves
and with all nations. They should be allowed the opportunity to
earn return to their country, their communities, and their families,
upon their agreement to a period of alternate service in the national
interest, together with an indication of their allegiance to the
country and its Constitution.
All Americans agree the desertion in time of war is a
major, serious offense; failure to respond to the country's call for
duty is likewise unacceptable. Reconciliation among our people
does not require that these acts be condoned. Yet, reconciliation
calls for an act of mercy to bind the Nation's wounds and to heal
the scars of divisiveness.
GERALD FORD LIBRARY
ANNOUNCING A PROGRAM FOR THE RETURN OF
VIETNAM ERA DRAFT EVADERS AND MILIATARY DESERTERS
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
The United States withdrew the last of its forces
from the Republic of Vietnam on March 28, 1973.
Over a year after the last American combatant had
left Vietnam, the status of thousands of our countrymen --
convicted, charged, investigated or still sought for
violations of the Military Selective Service Act or of
the Uniform Code of Military Justice -- remains unresolved.
In exile abroad or in hiding closer to home, they are adrift
from those they love and from the roots which can give
significance and purpose to their lives.
In furtherance of our national commitment to justice
and mercy these young Americans should have a second chance
to contribute a share to the rebuilding of peace among our-
selves and with all nations. They must be allowed the
opportunity to earn return to their country, their com-
munities, and their families, upon their agreement to a
period of alternate service in the national interest,
together with an indication of their allegiance to the
country and its Constitution.
In the period of its involvement in armed hostilities
in Southeast Asia, the United States suffered incalculable
losses. Many thousands died in combat; thousands more were
wounded; others are still listed as missing in action.
All Americans agree that desertion in time of war is
a major, serious offense; failure to respond to the country's
call for duty is likewise unacceptable. Reconciliation among
our people does not require that these acts be condoned.
Yet, reconciliation calls for an act of mercy to bind the
GERMED FORD LIBRARY
Nation's wounds and to heal the scars of divisiveness.
all caps
2
Now, therefore, I, Gerald R. Ford, President of the
United States, as Commander in Chief and pursuant to the
pardon power and the duty faithfully to execute the laws
provided by Article II, Sections 2 and 3 of the Constitution,
im mediately
do hereby proclaim a program to commence October 1, 1974,
to afford reconciliation to Vietnam era draft evaders
and military deserters upon the following terms and
conditions:
1. Draft Evaders - An individual who allegedly
or
register
on
time,
to
keep
the
ocal
board
of his current informal
unlawfully failed to register. to report for/preinduction
OR submit to
address,
or induction examination, to report for, induction itself,
06
ubmit to
or to report for orv complete alternate service during the
submit
period from August 4, 1964 to March 28, 1973, inclusive, and
who has not been adjudged guilty in a trial for such offense,
will be relieved of prosecution and punishment for such
offense if he (1) presents himself to a United States
before
Attorney within the period October 1, 1974 to January 31,
1975 inclusive, (2) executes an agreement acknowledging his
allegiance to the United States and pledging to fulfill a
period of alternate service under the auspices of the
Director of Selective Service, and (3) satisfactorily
completes such service. The alternate service shall pro-
mote the national health, safety, or interest.
Draft evaders chose not to accept the responsibility
of military service when their nation called. Thus, no
draft evader will be given the privilege of discharging
his obligation to complete a period of alternate service
by service in the Armed Forces.
The period of service shall be twenty-four months
1 By Attorney Cared Because of
but may be reduced from mitigating circumstances as
determined by the Attorney General.
BERNED FORD
3
2. Military Deserters - Members of the military who
have been administratively classified as deserters by
reason of unauthorized absence and whose absence commenced
during the period from August 4, 1974, to March 28, 1973,
will be relieved of prosecution and punishment under
Articles 85, 86 and 87 of the Uniform Code of Military
Justice for such absence and for offenses directly related
before
thereto if within the period October 1, 1974 to January 31,
1975 inclusive, they execute an agreement with the Secretary
of the Military Department from which they are absent, acknowl-
edging their allegiance to the United States and pledging
to fulfill a period of alternate service under the auspices
of the Director of Selective Service for a of
four months, which may be reduced for mitigating circumstances, Dept
by the See. period of the approprate twenty- Militay
because of
as determined by the Secretary of the appropriate Military
Department. The alternate service shall promote the national
health, safety, or interest. However, if any such individual
has additional outstanding charges pending against him under
the Uniform Code of Military Justice, he will be eligible
to participate in this program only after a final disposition
of the additional charges has been reached in accordance
with law.
All such deserters who elect to seek relief through
this program will receive an undesirable discharge from
military service. Thereafter, upon satisfactory com-
pletion of a period of alternate service prescribed by
the Military Department, the individual will be entitled
to receive, in lieu of his undesirable discharge, a
clemency discharge in recognition of his fulfillment of
the requirements of the program. Such clemency discharge
shall not affect entitlement to benefits administered by
the Veterans Administration.
FORD 2 07V339 LIBRAR)
* insert
However, if any
clemency discharge
is recommended, such
discharge shall not
affect entitlement to
benefits ad ministered
by the Veterans
ad ministration.
FORD is LIBR
4
3. Presidential Clemency Board - Many individuals at
present stand convicted of draft evasion or have received
punitive or undesirable discharges from a Military Service
for having violated Articles 85, 86, or 87 of the Uniform
Code of Military Justice. By Executive Order, I have
this date established a Presidential Clemency Board which
will review the records of individuals in this category
who apply, and recommend to the President that clemency
be granted in appropriate cases. Where appropriate, the
Board may recommend that clemency be ervice.xinsert
completion of a period of alternate service.
4. Alternate Service - In prescribing the length of
alternate service in individual cases, the Attorney
General, the Secretary of the appropriate Military Depart-
ments, and the Clemency Board shall take into account such
honorable service as an individual may have rendered prior
to his absence, penalties already paid under
law, and
such other mitigating factors as may be appropriate
to assure equity between those who served their country
when called and those who will serve under this program.
In witness whereof, I have hereunto set my hand this
day of September in the year of our Lord
nineteen hundred seventy-four, and of the Independence
of the United States of America the one hundred and
ninety-ninth.
FACT SHEET
PRESIDENTIAL CLEMENCY BOARD
The President has today established by Executive Order
a nine member Presidential Clemency Board. The Board
will review the records of two kinds of applicants.
First, those who have been convicted of a draft evasion
offense committed between August 4, 1964 and March 28,
1974. Second, those who received a punitive or undesirable
discharge from the military because of a military absentee
offense committed during the Vietnam era. The Board will
recommend clemency to the President on a case-by-case
basis. In the absence of aggravating factors, the Clemency
Board would be expected to recommend clemency.
When appropriate, the Board could recommend clemency con-
ditioned upon the performance of some alternate service.
In the case of a military absentee, the Board could also
recommend that a clemency discharge be substituted for a
punitive or undesirable discharge.
The Board has been instructed to give priority considera-
tion to individuals currently incarcerated. The President
has also asked that their incarceration be suspended as
soon as possible, pending the Board's review.
The Board will consider the cases only of persons who apply
before January 31, 1975. It is expected to complete its
work not later than December 31, 1976.
FORD
EXECUTIVE ORDER
ESTABLISHING A CLEMENCY BOARD TO REVIEW CERTAIN
CONVICTIONS OF PERSONS UNDER SECTION 12 OF THE
MILITARY SELECTIVE SERVICE ACT AND CERTAIN
DISCHARGES ISSUED BECAUSE OF VIOLATIONS OF
ARTICLES 85, 86 and 87 OF THE UNIFORM CODE OF
MILITARY JUSTICE AND TO MAKE RECOMMENDATIONS
FOR EXECUTIVE CLEMENCY WITH RESPECT THERETO
By virtue of the authority vested in me as President
of the United States by Section 2 of Article II of the
Constitution of the United States, and in the interest
of the internal management of the Government, it is
ordered as follows:
Section 1. There is hereby established a board
of 9 members, which shall be known as the Presidential
Clemency Board. The members of the Board shall be
appointed by the President, who shall also designate
its Chairman.
Sec. 2. The Board, under such regulations as it
may prescribe, shall examine the cases of persons who
apply prior to January 31, 1975, and who (i) have been
convicted of violating Section 12 of the Military Selective
Service Act (50 U.S.C. App. $462), or of any rule or
regulation promulgated pursuant to that section, for
acts committed between August 4, 1964 and March 28, 1973,
or (ii) have received punitive or undesirable discharges
as a consequence of violations of Articles 85, 86 or 87
of the Uniform Code of Military Justice (10 U.S.C. SS885,
886, 887) that occurred between August 4, 1964 and
March 28, 1973. The Board will only consider the cases
of those Section 12 violators who were convicted of
local
unlawfully failing (i) to register A (ii) to report for
register on time, (ii) to keep board the informed
somit preinduction or induction examination, (III) iv to report for address,
of his current
submitte
induction itself, or (dv) to report for orycomplete alternate
submit or
service. However, the Board will not consider the cases
of individuals who are precluded from entering the United
States under 8 U.S.C. 1182 (a) (22).
FORD LIBRARY
2
Sec. 3. The Board shall report to the President its
findings and recommendations as to whether Executive Clemency
should be granted or denied in any case. If Clemency is recom-
mended, the Board shall also recommend the form that such
clemency should take, including clemency conditioned upon a
period of alternate service in the national interest. In the
case of an individual discharged from a military service with
a punitive or undesirable discharge, the Board may recommend
to the President that a Clemency Discharge be substituted
for a punitive or undesirable discharge. Determination of
any period of alternate service shall be in accord with the
President's Proclamation announcing a program for the return
of Vietnam era draft evaders and military deserters.
Sec. 4. The Board shall give priority consideration to
those applicants who are presently incarcerated and have been
convicted only of an offense set forth in section 2 of this
order, and who have no outstanding detainers.
Sec. 5. Each member of the Board, except any member
who then receives other compensation from the United States,
may receive compensation for each day he or she is engaged
upon the work of the Board at not to exceed the daily rate
now or hereafter prescribed by law for persons and positions
in GS-18, as authorized by law (5 U.S.C. 3109), and may also
receive travel expenses, including per diem in lieu of sub-
sistence, as authorized by law (5 U.S.C. 5703) for persons in
the government service employed intermittently.
Sec. 6. Necessary expenses of the Board may be paid from
the Unanticipated Personnel Needs Fund of the President or from
00
such other funds as may be available.
LIBRAR
Sec. 7. NECESSARY Administrative services
andouppart mayter be provided
the Board by the Ceneral Services
admin. on a reimbursible basis
3
8
Sec. P. All departments and agencies in the Executive
branch are authorized and directed to cooperate with the
Board in its work, and to furnish the Board all appropriate
information and assistance, to the extent permitted by law.
a
Sec.
. The Board shall submit its final recommendations
to the President not later than December 31, 1976, at which
time it shall cease to exist.
THE WHITE HOUSE,
R.FORD LIBRARY
FACT SHEET
The President has today issued a Proclamation and Executive
Orders establishing a program of clemency for draft evaders
and military deserters to commence immediately. This program
has been formulated to permit these individuals to return to
American society without risking criminal prosecution or in-
carceration for qualifying offenses if they acknowledge their
allegiance to the United States and satisfactorily serve a period
of alternate civilian service.
The program is designed to conciliate divergent elements of
American society which were polarized by the protracted period
of conscription necessary to sustain United States activities
in Vietnam. Thus, only those who were delinquent with respect
to required military service between the date of the Tonkin
Gulf Resolution (August 4, 1964) and the date of withdrawal of
United States forces from Vietnam (March 28, 1973) will be
eligible. Further, only the offenses of draft evasion and
prolonged unauthorized absence from military service (referred
to hereinafter as desertion) are covered by the program.
Essential features of the program are outlined below.
1. Number of Draft Evaders. There are approximately 15,500
draft evaders potentially eligible. Of these some 8,700 have
been convicted of draft evasion. Approximately 4,350 are under
indictment at the present time, of which some 4,060 are listed
as fugitives. An estimated 3,000 of these are in Canada. A
further 2,250 individuals are under investigation with no pend-
ing indictments. It is estimated that approximately 130 persons
are still serving prison sentences for draft evasion.
2. Number of Military Deserters. Desertion, for the purposes
of this program, refers to the status of those members of the
armed forces who absented themselves from military service
without authorization for thirty days or more. During the
Vietnam era it is estimated that there were some 500,000 in-
cidents of desertion as so defined. Of this 500,000 a number
were charged with offenses other than desertion at the time
they absented themselves. These other offenses are not within
the purview of the clemency program for deserters. Approximately
12,500 of the deserters are still at large of whom about 1,500
are in Canada. Some 660 deserters are at present serving sen-
tences to confinement or are awaiting trial under the Uniform
Code of Military Justice.
3. Unconvicted Evader. Draft evaders will report to the U.S.
Attorney for the district in which they allegedly committed
their offense.
Draft evaders participating in this program will be required to
make a written agreement with the U.S. Attorney to perform
alternate service, under the auspices of the Director of the
Selective Service System. The agreement will include an ac-
knowledgement that the alternate service indicates allegiance
to the United States.
The duration of alternate service will be 24 months, but may
be reduced for mitigating factors as determined by the U.S.
Attorney.
The Director of Selective Service System will have the
responsibility to find alternate service jobs for those who
report. Upon satisfactory completion of the alternate service,
the Director will issue a certificate of satisfactory completion
to the individual and U.S. Attorney, who will either move to
018820 FORD LIBRARY
dismiss the indictment if one is outstanding, or agree not to
press possible charges in cases where an indictment has not
been returned.
If the draft evader fails to perform the agreed term of alternate
service, the U.S. Attorney will be free to, and in normal circum-
stances will, resume prosecution of the case as provided in the
terms of the agreement.
Aliens who fled the country to evade the draft will be ineligible
to participate in the program.
4. Unconvicted Military Absentees. Military absentees who have
no other pending charges may elect to participate in the program.
Those who make such an election will be required to execute a
reaffirmation of allegiance and pledge to perform a period of
alternate civilian service. Those against whom other charges under
the Uniform Code of Military Justice are pending will not be eli-
gible to participate in the program until these other charges are
disposed of in accordance with the law. Participants in the pro-
gram will be separated with an undesirable discharge. Although
these discharges will not be coded on their face in any manner,
the Veterans Administration will be advised that the recipients
were discharged for willful and persistent unauthorized absence.
They will thus not be eligible for any benefits provided by the
Veterans Administration.
The length of required alternate civilian service will be
determined by the parent Services for each individual on a case-
by-case basis. The length of service will be 24 months, but may
be reduced for military service already completed or for other
mitigating factors as determined by the parent Service. After
being discharged each individual will be referred to the
Director of the Selective Service System for assignment to pre-
scribed work. Upon certification that this work has been satis-
factorily completed, the individual may submit the certification
to his former Service. The Service will then issue a special new
type of discharge a Clemency Discharge --- which will be sub-
leave
stituted for the previously awarded undesirable discharge.
However the new Clemency Discharge will not constitute entitle
ment to Veterans Administration benefits. the Cleming discharge
shall not affect entitlement to benefits administered
5. Presidential Clemency Board. Those already convicted of draft the
evasion or who were discharged from the military because of a
UA.
military absentee offense during the Vietnam era may apply for
clemency to a nine member Clemency Board, established by Executive
Order. The Board will review their records and recommend clemency
on a case-by-case basis to the President. In the absence of
aggravating circumstances, the Clemency Board would be expected
to recommend clemency. When appropriate, the Board could recom-
mend clemency conditioned upon some alternate service.
The Clemency Board could also recommend to the President that a
clemency discharge be substituted for a punitive or undesirable
discharge in the case of a military absentee.
The Board has been instructed to give priority consideration to
individuals currently incarcerated. The President has also asked
that their incarceration be suspended as soon as possible, pending
the Board's review.
6. Alternate Civilian Service. Determining factors in selecting
suitable alternate service jobs will be:
1. National Health, Safety or Interest.
2. Noninterference with the competitive labor market. The
applicant cannot be assigned to a job for which there are
more numerous qualified applicants than jobs available
FORD
LISERST
3. Compensation. The compensation will provide a standard
of living to the applicant reasonably comparable to the
standard of living the same man would enjoy if he were
entering the military service.
4. Skill and talent utilization. Where possible, an
applicant may utilize his special skills.
In prescribing the length of alternate service in individual
cases, the Attorney General, the Military Department, and the
Clemency Board shall take into account such honorable service
as an individual may have rendered prior to his absence,
penalties already paid under the law, and such other mitigating
factors as may be appropriate to assure equity between those
who serve their country when called and those who will serve
under this program.
not
7. No Grace Period. H-10 not contemplated that there will, be
a grace period for those outside the country to return and
negotiate for clemency with the option of again fleeing the
jurisdiction.
to
Pernate
service
an
maiu
Branch
required
shall
report
to
the
claus
FORD is LIBRARY
BUCHEN
EXECUTIVE ORDER
DELEGATION OF CERTAIN FUNCTIONS VESTED IN THE
PRESIDENT TO THE DIRECTOR OF SELECTIVE SERVICE
By virtue of the authority vested in me as
President of the United States, as Commander in Chief
and pursuant to the pardon power and the duty faithfully
to execute the laws provided by Article II, Sections 2
and 3 of the Constitution, and under Section 301 of
Title 3 of the United States Code, it is hereby ordered
as follows:
Section 1. The Director of Selective Service
is designated and empowered without the approval,
ratification or other action of the President, under
such regulations as he may prescribe, to establish,
implement, and administer the program of alternate
service authorized in the President's Proclamation
announcing a program for the return of Vietnam era draft
evaders and military deserters.
Sec. 2 Departments and agencies in the Executive
branch shall, upon the request of the Director of
Selective Service, cooperate and assist in the im-
plementation or administration of the Director's
duties under this Order, to the extent permitted by
law.
SERAZO FORD
THE WHITE HOUSE,
ANNOUNCING A PROGRAM FOR THE RETURN OF
VIETNAM ERA DRAFT EVADERS AND MILIATARY DESERTERS
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
The United States withdrew the last of its forces
from the Republic of Vietnam on March 28, 1973.
Over a year after the last American combatant had
left Vietnam, the status of thousands of our countrymen --
convicted, charged, investigated or still sought for
violations of the Military Selective Service Act or of
the Uniform Code of Military Justice -- remains unresolved.
In exile abroad or in hiding closer to home, they are adrift
from those they love and from the roots which can give
significance and purpose to their lives.
In furtherance of our national commitment to justice
and mercy these young Americans should have a second chance
to contribute a share to the rebuilding of peace among our-
selves and with all nations. They must be allowed the
opportunity to earn return to their country, their com-
munities, and their families, upon their agreement to a
period of alternate service in the national interest,
together with an indication of their allegiance to the
country and its Constitution.
In the period of its involvement in armed hostilities
in Southeast Asia, the United States suffered incalculable
losses. Many thousands died in combat; thousands more were
wounded; others are still listed as missing in action.
All Americans agree that desertion in time of war is
a major, serious offense; failure to respond to the country's
call for duty is likewise unacceptable. Reconciliation among
our people does not require that these acts be condoned.
Yet, reconciliation calls for an act of mercy to bind the
Nation's wounds and to heal the scars of divisiveness.
ad capt
2
Now, therefore, I, Gerald R. Ford, President of the
United States, as Commander in Chief and pursuant to the
pardon power and the duty faithfully to execute the laws
provided by Article II, Sections 2 and 3 of the Constitution,
do hereby proclaim a program to commence October 1, 1974,
to afford reconciliation to Vietnam era draft evaders
and military deserters upon the following terms and
conditions:
1. Draft Evaders - An individual who allegedly
unlawfully failed to register, to report for preinduction
or induction examination, to report for induction itself,
or to report for or complete alternate service during the
period from August 4, 1964 to March 28, 1973, inclusive, and
who has not been adjudged guilty in a trial for such offense,
will be relieved of prosecution and punishment for such
offense if he (1) presents himself to a United States
Attorney within the period October 1, 1974 to January 31,
1975, inclusive, (1) executes an agreement acknowledging his
allegiance to the United States and pledging to fulfill a
period of alternate service under the auspices of the
Director of Selective Service, and (A) satisfactorily
completes such service. The alternate service shall pro-
mote the national health, safety, or interest.
Draft evaders chose not to accept the responsibility
of military service when their nation called. Thus, no
draft evader will be given the privilege of discharging
his obligation to complete a period of alternate service
by service in the Armed Forces.
The period of service shall be twenty-four months,
but may be reduced for mitigating circumstances as
determined by the Attorney General.
bythe AG becaused me.
GERALD
FORD is 074830 LIBRARY LIBRA
AS,
3
2. Military Deserters - Members of the military who
have been administratively classified as deserters by
reason of unauthorized absence and whose absence commenced
during the period from August 4, 1974 to March 28, 1973,
will be relieved of prosecution and punishment under
Articles 85, 86 and 87 of the Uniform Code of Military
Justice for such absence and for offenses directly related
thereto if within the period October 1, 1974 to January 31,
1975, inclusive, they execute an agreement with the Secretary
of the Military Department from which they are absent, acknowl-
edging their allegiance to the United States and pledging
to fulfill a period of alternate service under the auspices
of the Director of Selective Service for a period of twenty-
four months, which may be reduced. because I for mätigating circumstances.
as determined by the Secretary of the appropriate Military
Department
The alternate service shall promote the national
health, safety, or interest. However, if any such individual
has additional outstanding charges pending against him under
the Uniform Code of Military Justice, he will be eligible
to participate in this program only after a final disposition
of the additional charges has been reached in accordance
with law.
All such deserters who elect to seek relief through
this program will receive an undesirable discharge from
military service. Thereafter, upon satisfactory com-
pletion of a period of alternate service prescribed by
the Military Department, the individual will be entitled
to receive, in lieu of his undesirable discharge, a
clemency discharge in recognition of his fulfillment of
the requirements of the program. Such clemency discharge
shall not affect entitlement to benefits administered by
the Veterans Administration.
FORD is LIBRARY
4
3. Presidential Clemency Board - Many individuals at
present stand convicted of draft evasion or have received
punitive or undesirable discharges from a Military Service
for having violated Articles 85, 86, or 87 of the Uniform
Code of Military Justice. By Executive Order, I have
this date established a Presidential Clemency Board which
will review the records of individuals in this category
who apply, and recommend to the President that clemency
be granted in appropriate cases. Where appropriate, the
Board may recommend that clemency be conditioned upon
completion of a period of alternate service.
4. Alternate Service - In prescribing the length of
alternate service in individual cases, the Attorney
General, the Secretary of the appropriate Military Depart-
ments, and the Clemency Board shall take into account such
honorable service as an individual may have rendered prior
to his absence, penalties already paid under the law, and
such other mitigating factors as may be appropriate
to assure equity between those who served their country
when called and those who will serve under this program.
In witness whereof, I have hereunto set my hand this
day of September in the year of our Lord
nineteen hundred seventy-four, and of the Independence
of the United States of America the one hundred and
ninety-ninth.
EXECUTIVE ORDER
DELEGATION OF CERTAIN FUNCTIONS VESTED IN THE
PRESIDENT TO THE DIRECTOR OF SELECTIVE SERVICE
By virtue of the authority vested in me as
President of the United States, as Commander in Chief
and pursuant to the pardon power and the duty faithfully
to execute the laws provided by Article II, Sections 2
and 3 of the Constitution, and under Section 301 of
Title 3 of the United States Code, it is hereby ordered
as follows:
Section 1. The Director of Selective Service
is designated and empowered without the approval,
ratification or other action of the President, under
such regulations as he may prescribe, to establish,
implement, and administer the program of alternate
service authorized in the President's Proclamation
announcing a program for the return of Vietnam era draft
evaders and military deserters.
Sec. 2 Departments and agencies in the Executive
branch shall, upon the request of the Director of
Selective Service, cooperate and assist in the im-
plementation or administration of the Director's
duties under this Order, to the extent permitted by
law.
FORD
THE WHITE HOUSE,
LIBGA.
EXECUTIVE ORDER
ESTABLISHING A CLEMENCY BOARD TO REVIEW CERTAIN
CONVICTIONS OF PERSONS UNDER SECTION 12 OF THE
MILITARY SELECTIVE SERVICE ACT AND CERTAIN
DISCHARGES ISSUED BECAUSE OF VIOLATIONS OF
ARTICLES 85, 86 and 87 OF THE UNIFORM CODE OF
MILITARY JUSTICE AND TO MAKE RECOMMENDATIONS
FOR EXECUTIVE CLEMENCY WITH RESPECT THERETO
By virtue of the authority vested in me as President
of the United States by Section 2 of Article II of the
Constitution of the United States, and in the interest
of the internal management of the Government, it is
ordered as follows:
Section 1. There is hereby established a board
of 9 members, which shall be known as the Presidential
Clemency Board. The members of the Board shall be
appointed by the President, who shall also designate
its Chairman.
Sec. 2. The Board, under such regulations as it
may prescribe, shall examine the cases of persons who
apply prior to January 31, 1975, and who (i) have been
convicted of violating Section 12 of the Military Selective
Service Act (50 U.S.C. App. $462), or of any rule or
regulation promulgated pursuant to that section, for
acts committed between August 4, 1964 and March 28, 1973,
or (ii) have received punitive or undesirable discharges
as a consequence of violations of Articles 85, 86 or 87
of the Uniform Code of Military Justice (10 U.S.C. §§885,
886, 887) that occurred between August 4, 1964 and
March 28, 1973. The Board will only consider the cases
of those Section 12 violators who were convicted of
unlawfully failing (i) to register, (ii) to report for
preinduction or induction examination, (iii) to report for
induction itself, or (iv) to report for or complete alternate
service. However, the Board will not consider the cases
of individuals who are precluded from entering the United
States under 8 U.S.C. 1182 (a) (22).
GERALD FORD LIBRARY
2
Sec. 3. The Board shall report to the President its
findings and recommendations as to whether Executive Clemency
should be granted or denied in any case. If Clemency is recom-
mended, the Board shall also recommend the form that such
clemency should take, including clemency conditioned upon a
period of alternate service in the national interest. In the
case of an individual discharged from a military service with
a punitive or undesirable discharge, the Board may recommend
to the President that a Clemency Discharge be substituted
for a punitive or undesirable discharge. Determination of
any period of alternate service shall be in accord with the
President's Proclamation announcing a program for the return
of Vietnam era draft evaders and military deserters.
Sec. 4. The Board shall give priority consideration to
those applicants who are presently incarcerated and have been
convicted only of an offense set forth in section 2 of this
order, and who have no outstanding detainers.
Sec. 5. Each member of the Board, except any member
who then receives other compensation from the United States,
may receive compensation for each day he or she is engaged
upon the work of the Board at not to exceed the daily rate
now or hereafter prescribed by law for persons and positions
in GS-18, as authorized by law (5 U.S.C. 3109), and may also
receive travel expenses, including per diem in lieu of sub-
sistence, as authorized by law (5 U.S.C. 5703) for persons in
the government service employed intermittently.
Sec. 6. Necessary expenses of the Board may be paid from
the Unanticipated Personnel Needs Fund of the President or from
such other funds as may be available.
Sec. 7. Necessary administrative services and
smport may be provided the Board by the
General Services Administration on a reimbursable
basis.
FORD LIBRARI
3
Sec. of All departments and agencies in the Executive
branch are authorized and directed to cooperate with the
Board in its work, and to furnish the Board all appropriate
?
information and assistance, to the extent permitted by law.
Sec. V. The Board shall submit its final recommendations 15 minthis
to the President not later than December 31, 1976, at which
time it shall cease to exist.
THE WHITE HOUSE,
alministration GS- a. services purils
fores
FORD
LIBRARY
FACT SHEET
The President has today issued a Proclamation and Executive
Orders establishing a program of clemency for draft evaders
and military deserters to commence immediately. This program
has been formulated to permit these individuals to return to
American society without risking criminal prosecution or in-
carceration for qualifying offenses if they acknowledge their
allegiance to the United States and satisfactorily serve a period
of alternate civilian service.
The program is designed to conciliate divergent elements of
American society which were polarized by the protracted period
of conscription necessary to sustain United States activities
in Vietnam. Thus, only those who were delinquent with respect
to required military service between the date of the Tonkin
Gulf Resolution (August 4, 1964) and the date of withdrawal of
United States forces from Vietnam (March 28, 1973) will be
eligible. Further, only the offenses of draft evasion and
prolonged unauthorized absence from military service (referred
to hereinafter as desertion) are covered by the program.
Essential features of the program are outlined below.
1. Number of Draft Evaders. There are approximately 15,500
draft evaders potentially eligible. Of these some 8,700 have
been convicted of draft evasion. Approximately 4,350 are under
indictment at the present time, of which some 4,060 are listed
as fugitives. An estimated 3,000 of these are in Canada. A
further 2,250 individuals are under investigation with no pend-
ing indictments. It is estimated that approximately 130 persons
are still serving prison sentences for draft evasion.
2. Number of Military Deserters. Desertion, for the purposes
of this program, refers to the status of those members of the
armed forces who absented themselves from military service
without authorization for thirty days or more. During the
Vietnam era it is estimated that there were some 500,000 in-
cidents of desertion as so defined. Of this 500,000 a number
were charged with offenses other than desertion at the time
they absented themselves. These other offenses are not within
the purview of the clemency program for deserters. Approximately
12,500 of the deserters are still at large of whom about 1,500
are in Canada. Some 660 deserters are at present serving sen-
tences to confinement or are awaiting trial under the Uniform
Code of Military Justice.
3. Unconvicted Evader. Draft evaders will report to the U.S.
Attorney for the district in which they allegedly committed
their offense.
Draft evaders participating in this program will be required to
make a written agreement with the U.S. Attorney to perform
alternate service, under the auspices of the Director of the
Selective Service System. The agreement will include an ac-
knowledgement that the alternate service indicates allegiance
to the United States.
The duration of alternate service will be 24 months, but may
be reduced for mitigating factors as determined by the U.S.
Attorney.
The Director of Selective Service System will have the
responsibility to find alternate service jobs for those who
report. Upon satisfactory completion of the alternate service,
the Director will issue a certificate of satisfactory completion
to the individual and U.S. Attorney, who will either move to
dismiss the indictment if one is outstanding, or agree not to
press possible charges in cases where an indictment has not
been returned.
FORD
GERALD
LIBRARY
If the draft evader fails to perform the agreed term of alternate
service, the U.S. Attorney will be free to, and in normal circum-
stances will, resume prosecution of the case as provided in the
terms of the agreement.
Aliens who fled the country to evade the draft will be ineligible
to participate in the program.
4. Unconvicted Military Absentees. Military absentees who have
no other pending charges may elect to participate in the program.
Those who make such an election will be required to execute a
reaffirmation of allegiance and pledge to perform a period of
alternate civilian service. Those against whom other charges under
the Uniform Code of Military Justice are pending will not be eli-
gible to participate in the program until these other charges are
disposed of in accordance with the law. Participants in the pro-
gram will be separated with an undesirable discharge. Although
these discharges will not be coded on their face in any manner,
the Veterans Administration will be advised that the recipients
were discharged for willful and persistent unauthorized absence.
They will thus not be eligible for any benefits provided by the
Veterans Administration.
The length of required alternate civilian service will be
determined by the parent Services for each individual on a case-
by-case basis. The length of service will be 24 months, but may
be reduced for military service already completed or for other
mitigating factors as determined by the parent Service. After
being discharged each individual will be referred to the
Director of the Selective Service System for assignment to pre-
scribed work. Upon certification that this work has been satis-
factorily completed, the individual may submit the certification
to his former Service. The Service will then issue a special new
type of discharge -- a Clemency Discharge -- which will be sub-
stituted for the previously awarded undesirable discharge.
However, the new Clemency Discharge will not constitute entitle-
ment to Veterans Administration benefits.
5. Presidential Clemency Board. Those already convicted of draft
evasion or who were discharged from the military because of a
military absentee offense during the Vietnam era may apply for
clemency to a nine member Clemency Board, established by Executive
Order. The Board will review their records and recommend clemency
on a case-by-case basis to the President. In the absence of
aggravating circumstances, the Clemency Board would be expected
to recommend clemency. When appropriate, the Board could recom-
mend clemency conditioned upon some alternate service.
The Clemency Board could also recommend to the President that a
clemency discharge be substituted for a punitive or undesirable
discharge in the case of a military absentee.
The Board has been instructed to give priority consideration to
individuals currently incarcerated. The President has also asked
that their incarceration be suspended as soon as possible, pending
the Board's review.
6. Alternate Civilian Service. Determining factors in selecting
suitable alternate service jobs will be:
1. National Health, Safety or Interest.
2. Noninterference with the competitive labor market. The
applicant cannot be assigned to a job for which there are
more numerous qualified applicants than jobs available.
3. Compensation. The compensation will provide a standard
of living to the applicant reasonably comparable to the
standard of living the same man would enjoy if he were
entering the military service.
4. Skill and talent utilization. Where possible, an
applicant may utilize his special skills.
In prescribing the length of alternate service in individual
cases, the Attorney General, the Military Department, and the
Clemency Board shall take into account such honorable service
as an individual may have rendered prior to his absence,
penalties already paid under the law, and such other mitigating
factors as may be appropriate to assure equity between those
who serve their country when called and those who will serve
under this program.
7. No Grace Period. It is not contemplated that there will be
a grace period for those outside the country to return and
negotiate for clemency with the option of again fleeing the
jurisdiction.
LIBRARY