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Clemency Program - Executive Order, Proclamation and Fact Sheets (4)
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Clemency Program - Executive Order, Proclamation and Fact Sheets (4)
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Philip W. Buchen Files
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President (1974-1977 : Ford). Presidential Clemency Board. (09/16/1974 - 09/15/1975)
Executive orders
Amnesty
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The original documents are located in Box 5, folder "Clemency Program - Executive
Order, Proclamation and Fact Sheets (4)" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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 5 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
DEPARTMENT ENT OF DEPTNSE
GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE
WASHINGTON, D. C. 20301
UNITED STATES OF AMERICA
5 September 1974
MEMORANDUM FOR HONORABLE PHILIP BUCHEN
Subject: Amnesty
Phil
Attached please find copies of materials relating to the President's
program on reaffirmation for draft evaders and deserters. They are
as follows:
- A Proclamation
- Draft Executive Order
- Pledge to Complete Alternate Service
- Reaffirmation of Allegiance
- A Catalog of Public Service
Also attached is a compliation of private previous proclamations and
related materials.
You will be happy to note that on similar occasions in the past the
lawyers have rushed to look for precedence and copied generously so
that you will find identical phrases repeated over the decades.
I would appreciate any further guidance to help position us for the
President's program.
Martin Maly R. Hofimann
Attachments
KALA FORD LIBRARY
TITLE 3 -- THE PRESIDENT
PROCLAMATION
Announcing a Program for the Return of
Vietnam Era Draft Evaders and Military Deserters
A PROCLAMATION
The United States withdrew the last of (her) forces from
the Republic of Vietnam on March 28, 1973.
Our involvement in armed hostilities in Southeast Asia
required reliance upon the conscription laws, calling many from
peaceful pursuits to national service. Most served honorably and
well. But a remaining consequence of our Vietnam involvement is
that the status of many of our countrymen convicted, charged,
investigated, or wanted for violations of the Military Selective
Service Act or of the Uniform Code of Military Justice, remains
unresolved.
Desertion in time of war is a heinous offense; failure
to respond to the country's call for duty is likewise unacceptable.
The objective of reconciliation of differences among our people
does not require that we condone these acts. Rather, the forgive-
ness contemplated by this Proclamation is an act of mercy, intended
to bind the nation's wounds and heal the scars of divisiveness.
FORD
LIBRARY
2
All of these young men are absent without leave from the
real America. They must be allowed to return to their country,
their communities, and their families, upon renewal by oath of
their allegiance to the country and its constitutional form of
government, and agreement to a period of national service.
Now therefore, I, Gerald Ford, President of the United
States, pursuant to the pardon power conferred upon me by Article II,
Section 2, of the Constitution, do hereby proclaim a program to
afford reconciliation to Vietnam era draft evaders and military
deserters upon the following terms and conditions:
1. Draft Evaders - All those who unlawfully failed to
register, to serve, or to report for military or alternate service
during the period from August 4, 1964 to March 28, 1973 will be
relieved of prosecution and punishment if within the period from
October
to January
they execute an agreement with the
Department of Justice reaffirming their allegiance to the United
States and pledging to fulfill a period of public service under
the supervision of the Director of the Selective Service System,
and thereafter, satisfactorily complete such service.
Draft evaders chose not to accept the responsibility of
military service when their nation called. No draft evader will
LIBRARY
3
be given the privilege of discharging this obligation to complete
modely
a period of national service by service in the Armed Forces.
The period of service shall be as determined by the
Attorney General, but not in excess of eighteen months.
2. Military Deserters - All military members who
deserted during the period from August 4, 1964 to March 28, 1973
will be relieved of prosecution and punishment for the offenses of
desertion, unauthorized absence, or missing movement, if within the
above stated period they execute an agreement with the Secretary
of the Military Department from which they are absent reaffirming
their allegiance to the United States and pledging to fulfill a
period of public service under the supervision of the Director of
the Selective Service System for a period not to exceed eighteen
months. All such deserters will be immediately discharged from
military service with an undesirable discharge certificate. There-
after, upon satisfactory proof of completion of the period of service,
the individual will be entitled to have his discharge certificate
watabout
marked with an appropriate legend to indicate that he has fulfilled
his commitment. No person discharged under the provisions of this
Proclamation will be entitled to any benefits administered by the
Veterans Administration.
LIBRARY GERALD ? FORD
4
3.
Post-conviction Cases - Many individuals at present
stand convicted of draft evasion or absence-related offenses which
were committed during the period from August 4, 1964 to March 28, 1973.
By Executive Order, I have this date established a Presidential Clemency
Board to review the records of those individuals who apply, and recom-
mend to me whether pardon is appropriate, under guidelines promulgated
by the Board. The Board has broad discretion to make such evaluations
and recommendations as it believes will be in the best interests of
the country, consistent with the policy enunciated in this Proclamation.
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.
Gerald R. Ford
FORD
LIBRARY
Executive Order
Establishing A Clemency Board to Review
Convictions Of Persons Under Section 12
Of The Military Selective Service Act and
Articles 85 and 86 of the Uniform Code of
Military Justice To Make Recommendations
For Executive Clemency With Respect Thereto
By virtue of 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:
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 all persons who apply within
6 months of this order and who have been convicted of
violating (1) 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, and (2) Articles 85 or 86 of the Uniform Code
of Military Justice (10 U.S.C. 8885 and 886) and offenses
which are directly related to such violations, for acts
committed between August 4, 1964 and March 28, 1973.
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 recommended, the Board shall also
recommend the form that such clemency should take.
3. The Board shall have the discretionary authority
to review, under such regulations as it may
Take out
prescribe, actions taken under the President's
Proclamation
Announcing A Program for the
Return of Vietnam Draft Evaders and Military
Deserters, in order to achieve substantial justice.
Upon reviewing an action, the Board may recommend
to the President that the action should be over-
turned or modified.
4. The members of the Board (shall serve without
compensation, but) shall be entitled to necessary
expenses incurred in the performance of their duties
under this order.
5. 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.
6. The Board shall cease to exist, unless otherwise pro-
vided by further Executive order, upon the submission
of its final recommendations to the President, not
later than December 31, 1976.
- 2 -
DERALD R. FORD LIBRAPA
PUBLIC SERVICE WORK
AS A MEANS OF GRANTING IMMUNITY FROM PROSECUTION
IN THE VIETNAM WAR
By utilizing the organizational structure and procedures
similar to those used in the Alternate Service program which
conscientious objectors perform, applicants who would sign an act
of contrition, execute an oath of allegiance, and agree to a period
of 18 months national service, could be employed in approved jobs
and with approved employers and monitored by the existing Selective
Service organization as follows:
I.
Types of jobs in present alternate service program which
are considered suitable:
a. Hospitals
-- Lab technicians
-- Orderlies
-- Attendants
-- Housekeeping jobs
-- Kitchen helpers, cooks
-- Maintenance and janitorial
b.
Homes for the aged and young
--- Counselors
--- Attendants
-- Orderlies
-- Housekeeping and maintenance
c.
State Institutions - mental and handicapped
-- same as hospitals
d.
Religious organizations
-- Social workers/counselors
-- Farm hands and laborers
--- Clerical
R.
FORD
2
e.
Goodwill Industries, St. Vincent de Paul,
Salvation Army, etc.
!
-- Truck drivers
-- Laborers
--- Salespersons
-- Supervisors
f.
Educational
-- Teachers in ghettoes
-- Teacher aides
-- Clerical
od
Conservation and Forestry (such as California
Ecology Corps)
-- Laborers and laborer leaders or foremen
-- Cooks and kitchen helpers
NOTE: Employer bears all salary costs.
II.
Number of jobs available related to time in which they
might be available:
-- Present program - 2200 jobs (within 60 days after notice)
-- Expansion possible - if required
III.
Cost to the Federal Government to administer jobs in the
preceding categories are identifiable in the following
categories - see Attachment 1:
1.
Management/Supervision - salaries and travel
2.
Transportation for applicants - at beginning and
at termination only.
IV.
Federal employment in ongoing programs and not as a special
program in connection with earned immunity but which might,
with special arrangements, be capable of providing jobs for
the earned amnesty program:
R.
GERALD
Page
LIBRARY
3
1.
Interior - Under the aegis of the Interior Department,
using current operating programs, specifically within the Park Service
and the Bureau of Land Management, there is a possibility of employing
people who would avail themselves of this program as follows:
a. Park Service - up to 7,000, assuming additional
authorizations (ceiling) could be authorized to the Park
Service.
b.
Bureau of Land Management - up to 500.
The type of work would be low skill level and performed in
connection with the general Park Service functions of the Interior
Department and/or the maintenance of public lands in the United States
under the Bureau of Land Management. No camp concept is envisioned.
Funding does not appear to be an immediate problem.
2. HEW - The Department of Health, Education and Welfare,
under existing programs, appears to have a limited ability to make
available positions in ongoing programs in two broad categories:
a. Health.
-- The National Health Services Corps (requires
health professional background).
-- The Indian Health Services (health professional
background or para-medical).
-- The U. S. Public Health Service (health pro-
fessional positions; some non-health positions
such as attendants, orderlies, etc.)
-- U. S. prison system (positions in health care
units)
--- The mental health area (alcoholic programs,
community mental health centers)
b. Education.
-- Teacher Corps
-- Special education for the handicapped
3.
FORD
-- Project Head Start
4
3.
ACTION - Presently, ACTION indicates little or no
opportunity except in a program called Action Cooperative Volunteer
Model, and there not a sizeable number.
4. Agriculture/Commerce - No specific responses to
initial inquiries yet available.
V.
Federal Work Programs
No special program of work with Federal funds earmarked to
employ applicants has been developed. Such programs are not impossible
to visualize or develop. The California Ecology Corps is the example
of the type of program possible.
Federal departments contacted all have indicated a willing-
ness to assist in the necessary staffing to create one or more Federal
work programs.
Joint revised working dral
DoD and DoJ. 9/4/74, 1700 1
PLEDGE TO COMPLETE ALTERNATE SERVICE
On or about
,
I voluntarily absented myself from
my military unit without being properly authorized, in contravention of
the oath taken upon entering the nation's military service. Recognizing
that my obligations as a citizen remain unfulfilled, I am ready to serve
in whatever alternate service my country requires of me, and pledge to
faithfully complete such service. I also stand ready to respond to my
country's call as provided by law should future exigencies require my
service to the nation.
Joint revised working
draft-DoD and DoJ.
9/4/74, 1700 hrs.
REAFFIRMATION OF ALLEGIANCE
I,
, do hereby solemly reaffirm my
allegiance to the United States of America. I will support, protect and
defend the Constitution of the United States against all enemies, foreign
and domestic; and will hereafter bear true faith and allegiance to the same.
I take this obligation freely without any mental reservation or
purpose of evasion; [so help me God.]
is
5)
FORD
FACT SHEET
The President has today issued a Proclamation and
Executive Orders establishing a program of reconciliation
for draft evaders and military deserters. The main theme
of the program with respect to those presently in a status
of draft evasion or military desertion is that an indivi-
dual will be allowed to return to American society without
risking any criminal prosecution or incarceration if he
acknowledges his allegiance to the United States and
pledges to serve a period of alternate service.
The program is designed to conciliate divergent elements
of American society who were polarized by the protracted
period of conscription necessary to sustain the United
States' activities in Vietnam. Thus, only those who com-
mitted their offense between the Tonkin Gulf Resolution
(August 4, 1964) and the date of withdrawal of United States
forces from Vietnam (March 28, 1973) [hereinafter Vietnam
era] will be eligible.
The following is an outline of the essential features
of the President's program:
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 fewer than 100 persons are still
serving prison sentences for draft evasion.
2. Number of Military Deserters. Desertion is defined
as being absent from military duty without leave for thirty
days or more. During the Vietnam era, it is estimated that
there were some 500,000 incidents of desertion. Approximately
12,500 of these deserters are still at large, about 1,500 in
Canada. Some 660 deserters are at present serving prison
sentences or awaiting trial under the Uniform Code of Military
Justice.
FORD
LIBRARY
3. Deserters and Evaders Already Convicted. Those
already convicted of draft evasion or military absentee
offenses during the Vietnam era may apply for a pardon 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 a pardon. When appropriate, the
Board could recommend a pardon conditioned upon some alter-
nate service.
Those convicted deserters who have in the past received a
dishonorable discharge or bad conduct discharge could request
their service to substitute an administrative discharge for
their punitive discharge.
4. Draft evaders will report either to the closest
U. S. Attorney or to the U. S. Attorney for the district in
which they committed their alleged offense.
Military deserters will report to the military depart-
ment from which they are absent.
5. Draft evaders participating in this program will be
required to make a written agreement with the U. S. Attorney
to perform alternate service, as prescribed by the Director
of the Selective Service System. Determining factors in
selecting suitable alternate service jobs will be:
1. National Health, Safety or Interest.
2. Noninterference with the competitive labor mar-
ket. 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 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.
- 2 -
&
FORD
The agreement will include an acknowledgement that the
alternate service indicates allegiance to the United States.
6. Upon return to military control, a military de-
serter may elect to participate in the program. He will do
this by executing a reaffirmation of allegiance and a pledge
for alternate service for a period specified by the military
department. He will then receive an undesirable discharge
certificate, discharging him entirely from the military
service, and instructions to report to the Director of the
Selective Service System for his alternate service assign-
ment.
The discharge certificate will be the standard form
Undesirable Discharge. There are, at present, three forms
of administrative discharge certificates used by the Armed
Forces. These are prescribed, not by statute, but by adminis-
trative regulation. (DOD Directive 1332.14) They are as
follows: honorable; general discharge under honorable
conditions, and undesirable discharge under conditions other
than honorable. While the particular discharge given to an
individual under this program will not be coded on its face
in any manner, the Veterans Administration will be advised
that the individual has been discharged for desertion. Under
present practice, such an individual is excluded from any
benefits administered by the Veterans Administration.
7. The basic expected term for alternate service will
be 18 months, subject to modification by the U. S. Attorney
or the concerned military department. For example, in cases
of extreme family hardship or in cases where a deserter has
honorably served a substantial part of his obligated service,
the fixed term of alternate service could be shorter than 18
months.
8. It will be the responsibility of the Director of the
Selective Service System to find alternate service jobs for
those who report. The Director will issue a certificate of
satisfactory completion at the end of the term to the United
States Attorney or the concerned military department and the
individual.
- 3 -
9. Upon receipt of the certificate, in the case of the
draft evader, the U. S. Attorney will move to dismiss the
indictment if one is outstanding, or drop possible charges
in cases where an indictment has not been returned. For
the military deserter, after this certificate is presented
to his service, his undesirable discharge will be marked with
an appropriate legend.
10. 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 indicated in the terms of the agreement. In the case of
the deserter who fails to perform, he will retain the unde-
sirable discharge.
11. 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.
September 7, 1974
September 7, 1974
DOD-DOJ-SSS Proposed Treatment of Issues Arising
in the National Reconciliation Program
1. Affirmation of Allegiance. DOD wishes to have the return-
ing deserter sign a short oath of allegiance to the United
States of the type originally submitted to the White House.
In addition, the deserter would sign an alternate service
agreement. DOD has asked DOJ for a legal opinion outlining
the risk of litigation arising from possible constitutional
challenges to such an oath. This opinion will be prepared by
the close of business on Monday, September 9.
The Department of Justice prefers that in the case of
draft evaders the alternate service agreement contain an
acknowledgement that the agreement itself represents an ex-
pression of allegiance to the United States. It is our belief
that the differing treatment outlined above can be justified
because of the difference between the offenses of draft
evasion and military desertion.
2. Definition of Evader. We agree that the Presidential
clemency program should be limited to those who evaded the
draft or deserted from military service. We would not expand
the scope of the program to include those who aided and abetted
the offense of draft evasion. We agree that the President's
clemency program should be limited to absence or evasion
offenses committed by individuals and not be extended to in-
clude persons engaged in a collective attempt to undermine the
military conscription system.
3. Term of Service. We agree that the basic term of alternate
service for draft evaders and military deserters should be
fixed at 18 months. In the case of the draft evaders, the
Justice Department recommends that the United States Attorney
have limited authority to modify the 18 month requirement where
mitigating circumstances are shown. In the case of the mili-
tary deserter, the Defense Department would prefer to have
Selective Service System bear the responsibility for any
modification of the term of alternate service. However, Selec-
tive Service System states that it does not have personnel with
the requisite training and experience to perform this task.
Therefore, the Department of Defense has expressed its willing-
ness, if the White House SO instructs, to have the military
PORO
- 2 -
services assume responsibility for modifying the required term
of alternate service. It is our joint belief that to require
a uniform period of service in all cases without exception
could lead to arbitrary and capricious results.
We further recommend that the President's Clemency Board
have no discretion to review the terms of alternate service
for either draft evaders or military deserters. While it is
conceivable that such discretionary authority could be a
safety valve for extraordinary cases, it would be far more
likely to hamper the ability of the Selective Service System
to administer the alternate service program.
4. Selective Service System Authority and Funding to Conduct
the Alternate Program. It is recognized by all three agencies
that the authority of the Selective Service System to conduct
the alternate service may be challenged in the course of the
appropriations process. However, the Department of Justice
believes there is the requisite legal authority. Under 3 U.S.C.
S. 301 (1970) the President has authority to delegate functions
to the head of any agency in the Executive branch. In this
circumstance the President is delegating a program which is an
incident of his constitutional pardon power. Further, under
31 U.S.C. § 686 (1970) (The Economy Act) the Departments of
Justice and Defense have authority to contract with the
Selective Service System for services such as the conduct of
the alternate service program. It is our intention to use both
sections as authority to operate the program.
Depending upon the number of the participants in alternate
service, Selective Service System will require an additional
$1 million-$3 million annually for the conduct of the program.
If necessary, Defense and Justice are prepared to assume by
reimbursable contract a proportional share of the cost.
5. Clemency Board Funding, Location and Logistic Support. We
agree that the Clemency Board should be housed separately from
the Justice and Defense Departments. We also agree that the
LIBRARY GERALD R. FORD"
- 3 -
members of the Board should be compensated at supergrade level
on a per diem basis in order to increase the quality of those
willing to serve. For example, the members of the Board might
be compensated at a GS-17 level while the Chairman might be
compensated as a GS-18. Since the Board is to be a Presidential
one, it would seem appropriate that the Board members be com-
pensated from White House funds. However, the staff of the
Board might be detailed from the Departments of Justice and
Defense.
6. Guidelines for Pardon Recommendations for the Clemency
Board. We agree that the Executive Order establishing the
Clemency Board should contain the basic guideline that the
Clemency Board in the absence of exacerbating circumstances
would normally
recommend post-conviction applicants
for a pardon. The Board would also have the authority, where
appropriate, to recommend a pardon conditioned upon a period
of alternate service.
We would further recommend that with regard to convicted
military absentee offenders the Clemency Board be authorized
to recommend to the President that the offender receive not
only a pardon for his UCMJ offense but also a substitute
administrative discharge for an outstanding punitive discharge.
The convicted offender would also have the opportunity to re-
quest the concerned military department to substitute an ad-
ministrative discharge for an outstanding punitive discharge
through existing administrative procedures.
7. Extent of Exoneration Afforded to Deserter Upon Satisfactory
Completion of Alternate Service. The Department of Defense
recommends that a returning deserter be immediately issued an
undesirable discharge. Upon satisfactory completion of
alternate service, Defense would recommend that the deserter's
undesirable discharge be marked with a legend that his alternate
service requirement had been satisfactorily fulfilled. The De-
partment of Defense recognizes, however, that a greater number
of deserters would be likely to participate in the alternate
service program if at the end of it some greater benefits, such
as a substitute special leniency discharge were given to them.
Although the Department of Justice recognizes that this issue
is one principally of concern to the Department of Defense, it
believes that the possibility of a substitute special leniency
discharge is necessary in order to have an incentive for the
deserters' alternate service program.
Draft Gy Dr Marrs
TITLE 3 -- THE PRESIDENT
PROCLAMATION
Announcing a Program for Earned Return
of
Vietnam Era Draft Evaders and Military Absentees
A PROCLAMATION
There are many areas of healing within this country and
without which plead for our prayers, thoughts and efforts.
While this proclamation deals with a by-product of war, we
cannot be mindful of the pressing problems of Peace -- control of
inflation, assurance of energy and improvement of life values.
While we are constantly mindful of maintaining our momentum
in pursuit of peace in the world we are no less sensitive to the residual
problems of war.
The families of men missing in action deserve our every
effort for a full accounting of these brave men. My Secretary of
State is deeply conscious of this responsibility and I have directed him
to leave no stone unturned for a full accounting.
FORD
is
The patriots who served in Vietnam and those who served in
LIBRARY
other wars are also in our minds. They have made great sacrifices
2
and many still have serious emotional and physical wounds which are
not healed. Their continuing greatness of heart is exemplified by
the encouragement many of them have given to this action which I
am taking. I am particularly sensitive to the paralyzed, the blind
and the other wearers of the Purple Heart who have endorsed this
approach.
In the period of involvement in armed hostilities in Southeast
Asia, the United States suffered incalculable losses. Many thousands
died in combat; thousands more were condemned to lives of less than
full productivity and self-satisfaction because of the wounds they
received. As a nation, we continue to pay the price for these tragic
losses, for they are irredeemable.
Desertion 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 of differences among our people does not require
that we condone these acts. Rather, the action contemplated by this
Proclamation is an act of mercy, intended to contribute to binding one
of the nation's wounds and healing one of the scars of divisiveness.
Over a year after the last American combatant was withdrawn
FORD
from Vietnam, there are numbers of our countrymen who are convicted,
3
charged, investigated or still sought for violations of the Military Selective
Service Act or of the Uniform Code of Military Justice. 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 the interest of mercy, and in the national interest, 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 upon
renewal, by oath, of their allegiance to the country and its constitutional
form of government, and agreement to a period of national service.
Now therefore, I, Gerald Ford, President of the United States,
pursuant to the pardon power conferred upon me by the Constitution,
do hereby proclaim a program to afford earned return of Vietnam era
draft evaders and military absentees upon the following terms and
conditions:
1. Draft Evaders - All those who unlawfully failed to register,
to serve, or to report for military or alternate service during the
period from August 3, 1964 to March 28, 1973 will be relieved of
prosecution and punishment if within the period from October
4
to January
they execute an agreement with the Department of
Justice reaffirming their allegiance to the United States and pledging
to fulfill a period of public service under the supervision of the
Director of the Selective Service System, and thereafter, satisfactorily
complete such service.
No draft evader will be given the privilege of discharging this
obligation to complete a period of national service by service in
the Armed Forces.
This period of service shall be two years - equivalent in time
to Selective Service obligation. This will be reduced by already
credited active military service time and/or penal time related to
these matters.
2. Military Absentees - All military members who were
absent during the period from August 4, 1964 to March 28, 1973 will
be relieved of prosecution and punishment for the offenses of
desertion, unauthorized absence, or missing movement, if within the
above stated period they execute an agreement with the Secretary of the
Military Department from which they are absent reaffirming the allegiance
5
to the United States and pledging to fulfill a period of public service
under the supervision of the Director of the Selective Service System
for a period not to exceed eighteen months. All such persons will be
immediately discharged from military service with an undesirable
discharge certificate. Thereafter, upon satisfactory proof of com-
pletion of the period of service, such individual will be entitled to have
his discharge certificate marked with an appropriate legend to indicate
that he has fulfilled his commitment. No person discharged under
the provisions of this Proclamation will be entitled to any benefits
administered by the Veterans Administration.
3. Post-conviction Cases - Many individuals at present stand
convicted of draft evasion or absence-related offenses which were
committed during the period from August 4, 1964 to March 28, 1973.
By Executive Order, I have this date established a Presidential
Clemency Board to review the records of those individuals who apply,
and recommend to me whether pardon is appropriate, under guidelines
promulgated by the Board. The Board has broad discretion to make
such evaluations and recommendations as it believes will be in the best
interests of the country, consistent with the policy enunciated in
this Proclamation.
6
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 American the 199th.
Gerald R. Ford
4825
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 (her) forces from the
Republic of Vietnam on March 28, 1973.
Our involvement in armed hostilities in Southeast Asia required
reliance upon the conscription laws, calling many from peaceful
pursuits to national service. Most served honorably and well. But
a remaining consequence of our Vietnam involvement is that the
status of many of our countrymen convicted, charged, investigated,
or wanted for violations of the Military Selective Service Act or of
the Uniform Code of Military Justice, remains unresolved.
Desertion in time of war and failure to respond to the country's
call for duty are both unacceptable courses of conduct. The objective
of reconciliation of differences among our people does not require
that we condone that we condone these acts. Rather, the forgiveness
contemplated by this Proclamation is an act of mercy, intended to
bind the nation's wounds and heal the scars of divisiveness.
2
All of these young men are absent without leave from the real
America. They must be allowed to return to their country, their
communities, and their families, upon indicating their allegiance
to the United States of America and agreeing to perform a period of
alternate service.
Now therefore, I, Gerald R. Ford, President of the United States,
pursuant to the pardon power conferred upon me by Article II,
Section 2, of the Constitution, do hereby proclaim a program to
commence on October 1, 1974 and to end on January 31, 1975 to
afford reconciliation to Vietnam era draft evaders and military
deserters upon the following terms and conditions:
1. Draft Evaders - All those who unlawfully failed to register,
to report for preinduction or induction examinations, to report for
induction itself, or to report for or complete alternate service during
the period from August 4, 1964 to March 28, 1973 will be relieved of
prosecution and punishment if within the above-stated period they
execute an agreement with the Department of Justice or the Department
of State indicating 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, and thereafter, satisfactorily complete
such service.
3
No draft evader shall be given the privilege of discharging this
obligation to CO mplete a period of national service by service in the
Armed Forces.
The period of alternate service shall be determined by the
Attorney General, and shall not be in excess of 24 months nor less
than 6 months.
2. Military Deserters - All military personnel who deserted
including those who have at any time administratively been declared
deserters during the period from August 4, 1964 to March 28, 1973
will be relieved of prosecution and punishment for the offenses of
desertion, unauthorized absence, or missing movement, if within the
above stated period 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 not to exceed 24 months nor be less than
6 months. The period of alternate service shall be determined by the
Department of Defense. However, if any such individual has additional
outstanding charges pending against him under the Uniform Code of
Military Justice, that individual will be inelligible to participate in
this program until final disposition of the charges in accordance with
law. Any discharge received as a result of such disposition shall not
4
be altered by this Proclamation. All such deserters, including those
who have at any time administratively been declared deserters during
the aforementioned period, shall be immediately discharged from
military service within an undesirable discharge certificate. There-
after, upon satisfactory proof of completion of the period of alternate
service, the individual will be entitled to a clemency discharge.
The Attorney General and the Secretary of Defense are directed
to contract with the Director of the Selective Service System under
31 U.S.C. 686 for use of such personnel as may be required to locate
alternate service jobs necessary to implement this Proclamation and
to certify whether or not individuals have satisfactorily completed their
period of alternate service.
3. Post-conviction Cases - Many individuals at present stand
convicted of draft evasion or absence-related offenses which were
committed during the period from August 4, 1964 to March 28, 1973.
By Executive Order, I have this date established a Presidential Clemency
Board which will review the records of those individuals who apply, and
recommend to the President that a pardon be granted in appropriate
cases. The Clemency Board may condition its recommendation upon
completion of a period of alternate service not to exceed 24 months.
5
Any individual who was convicted of an absence related offense and
thereafter receives a pardon shall receive a clemency discharge.
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.
Gerald R. Ford
September 7, 1974
FORD & OERALD 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 (her) forces from the
Republic of Vietnam on March 28, 1973.
Our involvement in armed hostilities in Southeast Asia required
reliance upon the conscription laws, calling many from peaceful
pursuits to national service. Most served honorably and well. But
a remaining consequence of our Vietnam involvement is that the
status of many of our countrymen convicted, charged, investigated,
or wanted for violations of the Military Selective Service Act or of
the Uniform Code of Military Justice, remains unresolved.
Desertion in time of war and failure to respond to the country's
call for duty are both unacceptable courses of conduct. The objective
of reconciliation of differences among our people does not require
that we condone that we condone these acts. Rather, the forgiveness
contemplated by this Proclamation is an act of mercy, intended to
bind the nation's wounds and heal the scars of divisiveness.
2
All of these young men are absent without leave from the real
America. They must be allowed to return to their country, their
communities, and their families, upon indicating their allegiance
to the United States of America and agreeing to perform a period of
alternate service.
Now therefore, I, Gerald R. Ford, President of the United States,
pursuant to the pardon power conferred upon me by Article II,
Section 2, of the Constitution, do hereby proclaim a program to
commence on October 1, 1974 and to end on January 31, 1975 to
afford reconciliation to Vietnam era draft evaders and military
deserters upon the following terms and conditions:
1. Draft Evaders - All those who unlawfully failed to register,
to report for preinduction or induction examinations, to report for
induction itself, or to report for or complete alternate service during
the period from August 4, 1964 to March 28, 1973 will be relieved of
prosecution and punishment if within the above-stated period they
execute an agreement with the Department of Justice or the Department
of State indicating 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, and thereafter, satisfactorily complete
such service.
is
FORD
3
No draft evader shall be given the privilege of discharging this
obligation to CO mplete a period of national service by service in the
Armed Forces.
The period of alternate service shall be determined by the
Attorney General, and shall not be in excess of 24 months nor less
than 6 months.
2. Military Deserters - All military personnel who deserted
including those who have at any time administratively been declared
deserters during the period from August 4, 1964 to March 28, 1973
will be relieved of prosecution and punishment for the offenses of
desertion, unauthorized absence, or missing movement, if within the
above stated period 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 not to exceed 24 months nor be less than
6 months. The period of alternate service shall be determined by the
Department of Defense. However, if any such individual has additional
outstanding charges pending against him under the Uniform Code of
Military Justice, that individual will be inelligible to participate in
this program until final disposition of the charges in accordance with
law. Any discharge received as a result of such disposition shall not
4
be altered by this Proclamation. All such deserters, including those
who have at any time administratively been declared deserters during
the aforementioned period, shall be immediately discharged from
military service within an undesirable discharge certificate. There-
after, upon satisfactory proof of completion of the period of alternate
service, the individual will be entitled to a clemency discharge.
The Attorney General and the Secretary of Defense are directed
to contract with the Director of the Selective Service System under
31 U.S. C. 686 for use of such personnel as may be required to locate
alternate service jobs necessary to implement this Proclamation and
to certify whether or not individuals have satisfactorily completed their
period of alternate service.
3. Post-conviction Cases - Many individuals at present stand
convicted of draft evasion or absence-related offenses which were
committed during the period from August 4, 1964 to March 28, 1973.
By Executive Order, I have this date established a Presidential Clemency
Board which will review the records of those individuals who apply, and
recommend to the President that a pardon be granted in appropriate
cases. The Clemency Board may condition its recommendation upon
completion of a period of alternate service not to exceed 24 months.
5
Any individual who was convicted of an absence related offense and
thereafter receives a pardon shall receive a clemency discharge.
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.
Gerald R. Ford
September 7, 1974
FORD is LIBRAN
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 (her) forces from the
Republic of Vietnam on March 28, 1973.
Our involvement in armed hostilities in Southeast Asia required
reliance upon the conscription laws, calling many from peaceful
pursuits to national service. Most served honorably and well. But
a remaining consequence of our Vietnam involvement is that the
status of many of our countrymen convicted, charged, investigated,
or wanted for violations of the Military Selective Service Act or of
the Uniform Code of Military Justice, remains unresolved.
Desertion in time of war and failure to respond to the country's
call for duty are both unacceptable courses of conduct. The objective
of reconciliation of differences among our people does not require
that we condone that we condone these acts. Rather, the forgiveness
contemplated by this Proclamation is an act of mercy, intended to
bind the nation's wounds and heal the scars of divisiveness.
FORD
2
All of these young men are absent without leave from the real
America. They must be allowed to return to their country, their
communities, and their families, upon indicating their allegiance
to the United States of America and agreeing to perform a period of
alternate service.
Now therefore, I, Gerald R. Ford, President of the United States,
pursuant to the pardon power conferred upon me by Article II,
Section 2, of the Constitution, do hereby proclaim a program to
commence on October 1, 1974 and to end on January 31, 1975 to
afford reconciliation to Vietnam era draft evaders and military
deserters upon the following terms and conditions:
1. Draft Evaders - All those who unlawfully failed to register,
to report for preinduction or induction examinations, to report for
induction itself, or to report for or complete alternate service during
the period from August 4, 1964 to March 28, 1973 will be relieved of
prosecution and punishment if within the above-stated period they
execute an agreement with the Department of Justice or the Department
of State indicating 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, and thereafter, satisfactorily complete
such service.
3
No draft evader shall be given the privilege of discharging this
obligation to CO mplete a period of national service by service in the
Armed Forces.
The period of alternate service shall be determined by the
Attorney General, and shall not be in excess of 24 months nor less
than 6 months.
2. Military Deserters - All military personnel who deserted
including those who have at any time administratively been declared
deserters during the period from August 4, 1964 to March 28, 1973
will be relieved of prosecution and punishment for the offenses of
desertion, unauthorized absence, or missing movement, if within the
above stated period 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 not to exceed 24 months nor be less than
6 months. The period of alternate service shall be determined by the
Department of Defense. However, if any such individual has additional
outstanding charges pending against him under the Uniform Code of
Military Justice, that individual will be inelligible to participate in
this program until final disposition of the charges in accordance with
law. Any discharge received as a result of such disposition shall not
4
be altered by this Proclamation. All such deserters, including those
who have at any time administratively been declared deserters during
the aforementioned period, shall be immediately discharged from
military service within an undesirable discharge certificate. There-
after, upon satisfactory proof of completion of the period of alternate
service, the individual will be entitled to a clemency discharge.
The Attorney General and the Secretary of Defense are directed
to contract with the Director of the Selective Service System under
31 U.S.C. 686 for use of such personnel as may be required to locate
alternate service jobs necessary to implement this Proclamation and
to certify whether or not individuals have satisfactorily completed their
period of alternate service.
3. Post-conviction Cases - Many individuals at present stand
convicted of draft evasion or absence-related offenses which were
committed during the period from August 4, 1964 to March 28, 1973.
By Executive Order, I have this date established a Presidential Clemency
Board which will review the records of those individuals who apply, and
recommend to the President that a pardon be granted in appropriate
cases. The Clemency Board may condition its recommendation upon
completion of a period of alternate service not to exceed 24 months.
FORD is GREAT LIBRAR
5
Any individual who was convicted of an absence related offense and
thereafter receives a pardon shall receive a clemency discharge.
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.
Gerald R. Ford
September 7, 1974
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 hos-
tilities in Southeast Asia, the United States suffered
Williams who served their country,
great losses. Many thousands died in combat thousands
more were woundedG 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, investigated or still sought for
violations of the Military Selective Service Act or of
the Uniform Code of Military Justice -- remains unre-
solved.
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 should be
allowed the opportunity to earn return to their country,
their communities and their families, upon their agree-
ment to a period of alternate service in the national
acknowledg ent
interest, together with an indication of their allegiance
to the country and its Constitution.
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 LIBRARY FORD
2
NOW, THEREFORE, I, Gerald R. Ford, President of the
United anden States, as Commander in Chief and pursuant to the my
pardon power and the duty faithfully to execute the laws under
provided by Article II, Sections 2 and 3 of the Constitution,
do hereby proclaim a program to commence immediately to
afford reconciliation to Vietnam era draft evaders and
military deserters upon the following terms and conditions:
1. Draft Evaders - An individual who allegedly
under the Militam Selective Service Acl
unlawfully failed to register or register on time, to
keep the local board informed of his current address,
to report for or submit to preinduction or induction
examination, to report for or submit to induction itself,
or to report for or submit to, or complete alternate service
1
under Section 6(j) of such Act
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
May
and punishment for such offense if he: (i) presents himself
to a United States Attorney before January 31, 1975,
(ii) 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
delete
the Selective Service, and (iii) 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,
which
but may be reduced by the Attorney General because of
mitigating circumstances.
However, the program will not apply to an individual
who is precluded from re- entering the United FORD States under
8 U.S.C. 1182(a)(22) (a) on other law,
LIBRARY DERALD
3
Redept
a
2. Military Deserters - Members of the military who
have has 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 for such absence and for offenses directly related
he takesan oath allegiance to the United States and
thereto if before January 31, 1975 they 1 executes an agree-
ment with the Secretary of the Military Department from
he is
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
Selective Service for a period of twenty-four months,
which may be reduced by the Secretary of the appropriate
Military Department because of mitigating circumstances.
The alternate service shall promote the national
However,
a member of the military
health, safety, or interest. P However, if any such individual
has additional outstanding charges pending against him under
his eligibility
the Uniform Code of Military Justice, he will be
may be anditioned upongor eligible poned subtitafter,
to participate in this program only after = final disposition
of the additional charges has been reached in accordance
with law
Each such member of the military
All such deserters who electsto 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
such individual
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
not thelf bestow
shall not affort entitlement to benefits administered by
the Veterans Administration.
QUERLO FORD LIBRARY
4
3. Presidential Clemency Board - Many individuals at
either
offenses violat as
present stand convicted of draft evasion or have eceived
articles 85,86,
the
punitive or undesirable discharges from a Military Service
for having violated Articles 85, 86, or 87 of the Uniform
Unformed Code of Military
Code of Military Justice. By Executive Order, I have
gustice received Liave
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. However,
if any clemency discharge is recommended, such discharge
bestow
shall not affect entitlement to benefits administered by
the Veterans Administration.
4. Alternate Service - In prescribing the length of
alternate service in individual cases, the Attorney
General, the Secretary of the appropriate Military Depart-
or
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
seek
among
to assure equity between those who served their country
participate in
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.
Many individuals at
By Executive Order d have this date
established a Presidential Clemency Board
which will review the recards of
individuals within the following catagries;
(i) there who have been convicted d draft
evasion offenses as described above, (ii) those
(1) who have received a punctive or
undescrable discharge from military service
for having violated article 85, 86, a 87
between august 4, 1964 and March 28,1973
of the Uniform Code of Military Justice
on are sun serving sentences of
conf inement for such violations. where
etc -