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The original documents are located in Box 1, folder "Administrative Matters" of the
Charles E. Goodell Papers at the Gerald R. Ford Presidential Library.
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The copyright law of the United States (Title 17, United States Code) governs the making of
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Digitized from Box 1 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library
MEMORANDUM FOR:
PAUL O'NEILL, DEPUTY DIRECTOR
OFFICE OF MANAGEMENT & BUDGET
SERIAL FORD LIBRARY
FROM:
CHARLES E. GOODELL
CHAIRMAN
SUBJECT:
CLEMENCY BOARD OPERATIONS
Pursuant to your memo of July 3, requesting certain additional statistics on
the operation of the Presidential Clemency Board, let me submit the following
information, current as of COB July 10th:
1. Total applications logged
17,524
2. Total current caseload
16,186
3. Case summaries docketed for Board review
9,210
4. Cases completed by the Board
8,517
5. Cases forwarded to the White House for
Presidential signature
652
6. Total warrants signed by the President
372
Footnotes:
1 This number will increase only slightly as we continue to receive information
perfecting applications filed before March 31.
2The difference between applications logged and the current caseload reflects
the number of ineligible applications we have thusfar identified after logging.
3 The number of cases prepared by attorneys is 11,696. The difference of 2,486
represents cases awaiting typing, duplication, etc.
4 Some cases decided by Board Panels are held for reconsideration prior to being
sent to the President for approval.
5under Board rules, each applicant has 30 days from the time of the mailing of
his case sussary to respond with corrections. The great bulk of cases was not
decided until the beginning of the first week of June and the summaries were
mailed contemporaneous with Board consideration. Approximately 1600 will be
forwarded for signature late this week.
s The last transmission of 280 recommendations was sent on 27 June, 1975.
- 2 -
The Presidential Clemency Board staff has hid a management information system
operating for Some time. I regret the oversight in not sending you information
of this nature in the past. Should you or your staff wish a more comprehensive
analysis of the Clemency Board production, I will be glad to have them give a
briefing to you.
The Clemency Board has had a docketing system in place and operating as of the
time the Board began meeting on a daily basis beginning the first of June.
This system has been working well and has insured that the Board has had docketed
and available for consideration 1300 to 1500 cases each week. I anticipate no
difficulty in the staff's continuing to have prepared the requisite number of
cases each week in time for the bulk of the cases to have been reviewed by our
scheduled goal of mid-August. I do anticipate, however, a small number of ex-
tremely difficult cases for which we have been unable to receive adequate
records and which will necessitate fairly extensive staff investigative efforts
to obtain information sufficient for Board deliberation.
The Presidential Clemency Board staff is now preparing a plan for the carry-
over work that may exist after September 15. A report on this plan is being
prepared for Nx. Feesle and will be delivered shortly. While it is possible
at this point to predict the nature of the work that will exist after September
15, the volume is subject to a number of variables which we cannot predict with
any degree of assurance at this time. It will involve such variables as the
number of appeals taken from Presidential decisions and Clemency Beard rules,
the number of late received filds, as well as the Board's responsibility under
the Executive Order for certifying satisfactory completion of alternative
service. This latter is an especially difficult problem since the bulk of
alternative service required of applicants will obviously be completed after
September 15.
The Board's staff has had continuous discussions with Archives as to the
nature of the requirement of disposal of the Board's recyrds. We are still
awaiting a report from them as to their requirements. with respect to
records received from other agencies, we have decided not to begin sending
these records back until late in August with some few exceptions, because of
the possibility that we will have to refer to them once again in the interven-
ing period.
I hope this information is helpful to you and I will continue to supply the
figures on a regular basis henceforth.
LMB:jz
GOODELL
PCB Mail System
Mail is picked up on the front curb of 2033 M Street at
10:20AM, 12:20PM and 2:20PM. Mail is received from and
delivered to the OEOB each morning and afternoon. It is
opened, sorted into appropriate slots, and ready for pick-
up at the mail counter on the 5th floor at 11:00AM, 1:00PM
AND 3:00PM.
Each floor and New Hampshire Avenue have people designated
to pick up the mail. Please see the attached list of Mail
Personnel.
Distribution of the mail on each floor and New Hampshire
Avenue will be the responsibility of the person on that
list.
MAIL PERSONNEL
New Hampshire Building
Harold G. Long
634-4364
2nd Floor
Nia Nicholas
254-6947
3rd Floor
Jade Hall
634-4858
4th Floor
VACANT
5th Floor
Mark Miller
254-7951
6th Floor
Ruth Hausman
634-4826
7th Floor
Mary Liekweg
254-6387
8th Floor
Eldora Robinson
254-6460
9th Floor
Mark Miller
254-7951
rules and regulations
This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal most of which
keyed to and cedified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1520,
The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL
REGISTER issue of each month.
Title 2-Clemency
Remedies. Section 101.4 has been
as specified in 55 102.3 and 102.4, the
CHAPTER 1-PRESIDENTIAL
added to explain the remedies available
case is tabled. The action attorney is in-
CLEMENCY BOARD
from the Presidential Clemency Board.
structed to obtain additional facts.
It states the authority with which the
This is in response to comments from
ADMINISTRATIVE PROCEDURES AND
Board is vested by Executive Order
the private bar.
SUBSTANTIVE STANDARDS
11803, issued pursuant to Proclamation
Hearing before the Board. Subsection
The Presidential Clemency Board pub-
4313.
101.9(c) provides for a personal appear-
lished its proposed administrative pro-
A Presidential pardon restores those
ance as a matter of right if an applicant
cedures and substantive standards on
federal civil rights lost as a result of a
can show that an oral presentation is
November 27, 1974 (39 FR 41351). Since
felony conviction. State law recognizes
necessary to the Board's understanding
that time, the Board has considered the
Presidential pardons as & matter of com-
of a mitigating circumstance or an ag-
first military cases before #, and has had
ity, usually restoring the right to vote
gravating circumstance which applies to
the benefit of more than 40 comments on
in federal and state elections, to hold
his case. The Board has provided a right
its proposed regulations. With the benefit
public office, and to obtain licenses for
to personal appearance in response to
of this additional experience and these
trades and professions from which con-
several comments.
comments, the Board publishes the final
victed feloms are barred under state law.
Reconsideration. Subsection 101.11(b)
regulations setting out its procedures
Since conviction by military court-
has been amended in order to add stand-
and standards.
martial is treated as a felony conviction
ards which must be met if the Board is
It is the intent of the Board to provide
by many states, and since an Undesir-
to consider an applicant's petition for
notice to the public of the standards it
able Discharge may have the same con-
reconsideration. In the proposed regu-
uses to make recommendations to the
sequences as a court-martial conviction,
lations, consideration of such petition by
President concerning individual applica-
the benefits of a pardon apply to former
the Board was a matter of discretion.
tions for clemency. The Board also
servicemen as well as to civilian draft
This amendment limits the circum-
wishes to ensure equity and consistency
evaders.
stances under which reconsideration
for applicants under the President's
A Clemency Discharge neither en-
will be granted, but provides that when
clemency program.
titles its recipient to veterans benefits
an applicant shows that any of those
Because it is a temporary organiza-
nor bars his receiving those benefits to
circumstances are present, reconsidera-
tion within the White House Office, the
which he is otherwise entitled. The Vet-
tion will be granted as a matter of right.
sole function of which is to advise the
erans Administration and other agencies
Transmittal to other agencies of Presi-
President with respect to the exercise of
may extend veterans' benefits to some
dential decisions. Section 101.12 provides
his constitutional power of executive
holders of a Clemency Discharge, but it
that grants of immediate pardon by the
clemency, the Board does not consider it-
is contemplated that most will not re-
President are transmitted formally to
self formally bound by the Administra-
ceive veterans benefits.
other government agencies, as appropri-
tive Procedure Act. Nonetheless, within
Availability of files to applicant and
ate. Pending completion of the alterna-
the time and resource constraints gov-
his representative. Section 101.7(c) clari-
tive service requirement, grants of con-
erning it, the Board wishes to adhere as
fies which files an applicant and his
ditional clemency are communicated to
closely as possible to the principles of
representative have a right to see. At
another federal agency only to the extent
procedural due process. The administra-
the offices of the Board, information col-
this information is necessary for the
tive procedures established in these reg-
lected by the Board independently of
agency to perform its functions under
ulations reflect this decision.
any other government agency is readily
the clemency program or for other nec-
The Board may publish changes in in-
available to an applicant or his repre-
essary action respecting the applicant.
dividual sections as it deems necessary.
sentative. All files obtained from other
Upon completion of alternative service,
The Board welcomes continuing com-
agencies are available to the extent not
notification of the pardon is forwarded
ment on problems which may arise in the
barred by the rules of the agency own-
to all appropriate agencies. Denials of
application of particular sections of
ing the file. For example, the Selective
clemency by the President are held con-
these procedures and invites recommen-
Service System file is available to him
fidential by the Board.
dations on how best these problems may
and his representative. Files from an-
The intent of this section, adopted here
be resolved.
other agency are cited in a summary
in response to several comments is that
Several dozen technical changes have
when they are used as the basis of state-
a person who applies for clemency should
ments in that summary. Reason for
not be prejudiced in his pursuit of other
been made in these regulations in re-
denial of access to any of these files is
remedies through the military services'
sponse to new circumstances that were
presented to the Board. Some clarify sig-
stated in writing upon request.
discharge review processes or elsewhere.
Other remedies available to applicant.
nificantly the rights and procedures
This subsection is in response to com-
Section 101.15(b) requires that Board
available to applicants. The following is
ments that §§ 201.5(b) and 201.6(c),
staff inform both applicants to the Board
an explanation of those changes which
read together, were either unclear or
and persons who inquire about the
seem to the Board to be most significant:
overbroad.
clemency program, but are clearly not
Jurisdiction. Section 101.3 has been
Completed case summary. The com-
under the Board's jurisdiction, of the
added in order to incorporate the criteria
pleted case summary consists of the
remedies available to them under mili-
for determining whether or not a person
initial case summary, amendments as
tary discharge review processes and
is eligible for consideration by the Presi-
described in the §§ 101.8 (c) and (e),
through the judiciary. Applicants to the
dential Clemency Board. It restates the
and the materials submitted by the ap-
Board or to one of the other agencies
criteria established in Proclamation 4313
plicant and his representative as de-
administering part of the clemency pro-
(Announcing a Program for the Return
scribed in § 101.8(b). Where, in the
gram may pursue such other remedies
of Vietnam Era Draft Evaders and Mili-
opinion of the Board, there is a conflict
simultaneously or subsequently to, or in-
tary Deserters) and repeated in Execu-
of fact, false statement, or omission ma-
stead of their remedies under the clem-
tive Order 11803 (Establishing a Clem-
terial to the Board's consideration of an
ency program. The Board's staff informs
ency Board
aggravating or mitigating circumstance,
them of their other options.
FEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975
12764
RULES AND REGULATIONS
Aggravating and mitigating circum-
Sec.
§ 101.4 Remedies.
stances. Sections 102.3 and 102.4 contain
101.7
Assignment of Action Attorney and
new aggravating and mitigating circum-
case number, and'determination of
(a) The Board is empowered only to
stances which the Board deems material
jurisdiction.
make recommendations to the President
101.8
to its decisions.
Initial case summary.
on clemency applications. The Board has
101.9
Consideration before the Board.
The Board notes that it has seen a
no final authority of its own. The Board
101.10
Recommendations to the President.
number of cases of persons who behaved
may recommend to the President that he
101.11
Reconsideration.
with valor during combat, but then com-
101.12
Transmittal to other agencies of
take one or more of the following actions:
mitted AWOL offenses because of mental
clemency decisions.
(1) Grant an unconditional pardon
stress caused by combat. The Board calls
101.13
Confidentiality of communications.
without a requirement of alternative
attention to this mitigating circum-
101.14
Representation before the Board.
service;
101.15
stance as one which it considers particu-
Requests for information about the
(2) Grant an unconditional pardon
larly important in some cases.
Clemency Program.
upon the satisfactory completion of a
101.16
Postponement of Board considera-
A number of comments from the pri-
specified period of alternative service
tion and of the start of alternative
vate bar have suggested that the Board
service.
not to exceed 24 months;
should add as a mitigating circumstance
Appendix A: Application kit.
(3) Grant a clemency discharge in
"evidence that an applicant would prob-
Appendix B: Proclamation 4313.
substitution for a Dishonorable, Bad
ably have obtained a Selective Service
Appendix C: Executive Order 11803.
Conduct, or Undesirable Discharge;
status or military discharge or reassign-
AUTHORITY: Executive Order 11803, 39 FR
(4) Commute the sentence; or
ment beneficial to him, but failed to ap-
33297, as amended.
(5) Deny clemency.
ply due to lack of knowledge or confu-
(b) In unusual circumstances and as
sion." Mitigating circumstances #1, 8,
§ 101.1 Purpose and scope.
authorized by Executive Order 11803, the
and 9, in conjunction, are adequate to
This part establishes the procedures
Board may make other recommenda-
meet this problem.
of the Presidential Clemency Board.
tions as to the form that clemency should
Calculation of length of alternative
Certain other matters are also treated,
take. This shall only be done in order to
service. Subsection 102.5(c) has been
such as the assistance to be given to in-
give full effect to the intent and purposes
added in order to make clear the Board's
dividuals requesting determinations of
of the Presidential Clemency program.
decision that the initial baseline period
jurisdiction, or requesting information
§ 101.5 Initial filing.
of alternative service for applicants with
respecting those parts of the Presidential
Undesirable Discharges is three (3)
Clemency Program which are adminis-
(a) In order to comply with the re-
months.
tered by the Department of Defense and
quirements of Executive Order, 11803, as
Eligibility of clemency recipients for
the Department of Justice under Presi-
amended, an individual must make an
military discharge review remedies. The
dential Proclamation 4313 (39 FR 33293)
initial filing to the Board not later than
Presidential Clemency Board notes, al-
March 31, 1975. The Board considers suf-
though the matter is not one for inclu-
§ 101.2 General definitions.
ficient as an initial filing any written
sion in its regulations, that it has
"Action attorney" means an attorney
communication postmarked not later
received numerous comments which as-
on the staff of the Board who is assigned
than March 31, 1975, and received by
sume that a recipient of executive clem-
an applicant's case.
the Board, the Department of Justice,
ency under the President's clemency
"Applicant" means an individual who
the Department of Defense, the Depart-
program is ineligible for consideration
invokes the jurisdiction of the Board,
ment of Transportation, or the Selective
under the military services' discharge
and who has submitted an initial filing.
Service System. In the communication
review processes.
"Board" means the Presidential
an individual or his representative must
This is incorrect. Any applicant to the
Clemency Board as created by Executive
request consideration of the individual's
Board for executive clemency may also
Order 11803 (39 FR 33297) or any duly
case or raise questions which evidence
seek review of his discharge through one
authorized panel of that Board.
a serious interest in applying for the
of the military services' discharge re-
program. Oral applications made not
view boards or boards for the correction
§ 101.3 Jurisdiction.
later than March 31, 1975 are considered
of military records. Applying to the
Jurisdiction lies with the Board with
sufficient if reduced to writing, and post-
Board does not exclude a former service-
respect to a particular person if such
marked not later than May 31, 1975.
man from the jurisdiction of the military
person applies to the Board not later
(b) If an initial filing is made by a
services' boards, nor does it preclude the
than March 31, 1975 and:
representative, the case is not considered
remedies which are available from those
(a) He has been convicted for failure
by the Board unless and until the appli-
boards.
under the Military Selective Service Act
cant submits a written confirmation of
The Presidential Clemency Board
(50 App. U.S.C. 462) or any rule or regu-
his clemency application. This confirma-
notes that a veteran who receives a
lation promulgated thereunder to register
tion by the applicant may be sent either
Clemency Discharge through the Board
or register on time, to keep the local
directly or through a representative, but
may subsequently seek, according to the
board informed of his current address,
it must be mailed not later than May 31,
Department of Defense, an upgrading of
to report for or submit to preinduction or
1975. A statement by an attorney that he
that discharge through the military serv-
induction examination, to report for or
is acting on behalf of an applicant is suf-
ices' normal discharge review processes.
submit to induction itself, or to report for
ficient. Applications by a representative
This chapter will become effective
or submit to, or complete (alternative)
on behalf of an applicant may be con-
service under section 6(j) of the Act for
immediately.
sidered by the Board where good cause is
offenses committed during the period
shown why the applicant is unable to
Issued in Washington, D.C. on March
from August 4, 1964 to March 28, 1973,
apply.
18, 1975.
inclusive; or
§ 101.6 Application form.
CHARLES E. GOODELL,
(b) He has received a punitive or
(a) Upon receipt of an initial filing, a
Chairman, Presidential Clem-
undesirable discharge as a consequence
member of the Board's staff makes a de-
ency Board, The White House.
of offenses under Article 85 (desertion),
termination of probable jurisdiction.
1. Part 101 is added to read as follows:
86 (AWOL), or 87 (missing movement)
Persons who are clearly beyond the
of the Uniform Code of Military Justice
PART 101-ADMINISTRATIVE
Board's jurisdiction are so notified in
(10 U.S.C. 885, 886, 887) that occurred
PROCEDURES
writing. A person who questions this de-
between August 4, 1964 and March 28,
termination should promptly write the
Sec.
1973, inclusive, or is serving a sentence of
General Counsel, Presidential Clemency
101.1
Purpose and scope.
confinement for such violation.
101.2
General definitions.
Board, The White House, Washington,
101.3
Jurisdiction.
(c) Jurisdiction will not lie with re-
D.C. 20500, stating his reasons for ques-
101.4
Remedies.
spect to an individual precluded from
tioning the determination. The General
101.5
Initial filing.
re-entering the United States under 8
Counsel of the Board makes the final de-
101.6
Application form.
U.S.C. 1182 (a) (22) or other law.
termination of probable jurisdiction and
FEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975
RULES AND REGULATIONS
12765
so notifies the applicant or his repre-
tion in a particular case, he promptly
(f) Where, in the opinion of the Board,
sentative in writing stating the reasons
notifies the applicant or his representa-
there is a conflict of fact, false state-
why. In doubtful cases, a final determi-
tive in writing, stating the reasons for
ment, or omission material to the Board's
nation of jurisdiction is made by the
such a determination.
consideration of an aggravating or miti-
Board.
(f) An applicant or his representative
gating circumstance, as specified in
(b) A person who has been notified
who questions this adverse determination
§§ 102.3 and 102.4, the case is tabled. The
that jurisdiction does not lie in his case
of jurisdiction should write the General
Action Attorney is then instructed to ob-
is considered as having made a timely
Counsel of the Board in accordance with
tain additional facts.
filing if the final determination is that
the provisions of § 101.6(a).
§ 101.9 Consideration before the Board.
the Board has jurisdiction over his case.
§ 101.8 Initial case summary.
(c) A person who is within the juris-
(a) At a regularly scheduled meeting
diction of the Board is sent an applica-
(a) Upon receipt of the necessary rec-
of the Board, an applicant's case is con-
tion form, information about the Presi-
ords and files, the Action Attorney pre-
sidered. The Board may provide by rule,
dential clemency program, instructions
pares an initial case summary of the ap-
however, that cases will be initially con-
for the preparation of the application
plicant's case. The files, records, and any
sidered by panels of not less than three
form, a statement describing the Board's
additional sources used in preparing the
Board members. Any case may be
procedures and method of determining
initial case summary are listed. No other
brought before a majority of the full
cases, and a list of volunteer counseling
material is used. The initial case sum-
Board for consideration at the request
services.
mary includes the name and business
of a panel member. Panel recommenda-
(d) The person is urged to return the
telephone number of the Action Attorney
tions will be considered and approved by
completed application form to the Board
who may be contacted by the applicant
a majority of the full Board.
as soon as possible. Completed applica-
or his representative.
(b) The Action Attorney presents to
tion forms must be postmarked within
(b) The initial case summary is sent
the Board a brief statement of the com-
sixty (60) days of the time they were
by certified mail to the applicant or his
pleted case summary and, as provided
mailed by the Board, in order to qualify
representative. The summary is accom-
in § 101.8(b), the material submitted by
for the Board's consideration as a matter
panied by an instruction sheet describing
the applicant.
of right.
the method by which the summary was
(c) The Board grants a personal ap-
prepared and by a copy of the guidelines
§ 101.7 Assignment of Action Attorney,
pearance to an applicant and his rep-
used by the Board for the determination
case number, and determination of
resentative if they can show in a written
of cases. Applicants are encouraged to
jurisdiction.
statement that such an appearance is
review the initial case summary for ac-
necessary to the Board's understanding
(a) Upon receipt by the Board of the
curacy and completeness and advised of
of the applicant's case. The Board con-
completed application form or of infor-
their right to submit additional sworn
siders each request for an oral presen-
mation sufficient for the Board to re-
or unsworn material. Additional material
tation at a regular meeting and informs
quest the records and files specified in
may be submitted in any length. Nothing
the applicant and his representative
paragraph (b) of this section, the ap-
over three (3) single-spaced, typewritten,
whether or not his request has been
plicant's case is reviewed for preliminary
letter-sized pages in length is read ver-
granted.
determination of the Board's jurisdic-
batim to the Board. Where necessary,
(d) Any oral presentation granted by
tion. If it appears that the Board has
therefore, an applicant should summa-
the Board shall not exceed a reasonable
jurisdiction over the case, a file is opened
rize his additional material to comply
period of time. Neither applicant nor his
and a case number assigned. The Board
with this verbatim presentation require-
representative may be present when the
will then request from all appropriate
ment. If this is not done, the Action
Board begins deliberations, but should
government agencies the relevant rec-
Attorney does SO.
remain available for further consulta-
ords and files pertaining to the appli-
(c) At any time before Board consid-
tion immediately thereafter.
cant's case.
eration of his case, an applicant may sub-
(e) After due deliberation the Board
(b) In normal circumstances, the rel-
mit evidence of inaccurate, incomplete,
decides upon its recommendation to the
evant records and files for civilian cases
or misleading information in the com-
President listing the factors it considered
are the applicant's files from the Bu-
plete Board file or other files. This in-
in making its recommendation.
reau of Prisons and information that he
formation is incorporated in applicant's
has sent to the Board. For military cases,
Board file.
§ 101.10 Recommendations to the Pres-
they will include the applicant's military
(d) An applicant's case is ready for
ident.
personnel records, military clemency
final consideration by the Board not
(a) At appropriate intervals, the
folder, record of court martial, if any,
sooner than thirty (30) days after the
Chairman of the Board submits to the
and information that the applicant has
initial case summary is mailed to the
President certain master warrants list-
sent to the Board. Applicants and their
applicant. Material which amends or sup-
ing the names of applicants recom-
representatives have the right to request
plements the applicant's initial case sum-
mended for executive clemency and a
that the Board consider other pertinent
mary must be postmarked within this
list of the names of applicants consid-
files. The Board will attempt to comply
thirty (30) day period to ensure that it
ered by the Board but not recommended
with these requests.
is considered. An applicant's request that
for clemency. The Chairman will also
(c) At the offices of the Board, infor-
this thirty (30) day period be extended
submit such terms and conditions for
mation collected by the Board inde-
is liberally granted by the Action Attor-
executive clemency, if any, that have
pendently of any other agency is readily
ney, if the request is received prior to
been recommended in each case by the
available to an applicant or his repre-
Board action and is reasonable.
Board.
sentative. All files obtained from other
(e) Upon receipt of the applicant's re-
(b) Following action by the President,
agencies are available to the extent not
sponse to the initial summary, the Action
the Board sends notice of such action
barred by the rules of the agency owning
Attorney notes all such amendments, sup-
in writing to all applicants whose
the file. Files from another agency are
plements, or corrections on the initial
names were submitted to the President.
cited in a summary when they are used
summary submitted by the applicant or
Each applicant is sent a list of the miti-
as the basis of statements in that sum-
his representative. All such amendments
gating and aggravating circumstances
mary. Reason for denial of access to any
are attached to the initial case summary
decided by the Board to be applicable
of these files is stated in writing upon
with notation by the Action Attorney of
in his case.
request.
any discrepancies of fact which in his
(d) Where the initial filing contains
opinion remain unresolved. The complete
§ 101.11 Reconsideration.
adequate information, the Board staff
case summary consists of the initial sum-
(a) An applicant may ask the Board
may assign a case number and request
mary, amendments as described in para-
for reconsideration of his case. Petitions
records and files prior to receipt of the
graph (c) and this section, and the ma-
for reconsideration, including any sup-
completed application form.
terials submitted by the applicant and
plementary material, must be post-
(e) If the Action Attorney determines
his representative as described in para-
marked within thirty (30) days of Board
that the Board does not have jurisidic-
graph (b) of this section.
mailing specified in $ 101.10(b).
FEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975
12766
RULES AND REGULATIONS
(b) At a regularly scheduled Board
submit only information sufficient for a
$ 101.16 Postponement of
meeting, a majority of the Beard being
determination of jurisdiction and for the
sideration and of the start of after-
present, tt will reconsider the applicant's
retrieval of necessary official records and
native service.
case if the applicant's petition shows one
files. The application form requires the
(a) An applicant may request that
or more of the following:
applicant's name, date of birth, selective
the Board defer consideration of his case
(1) New fact, material to the disposi-
service number, military branch and
for a reasonable period of time. Such de-
tion of his case, which the Board had
service number, if applicable, informa-
ferments are liberally granted provided
not previously considered, provided that
tion concerning the-draft evasion offense
that they do not result in an undue dis-
the applicant explains to the Board's
or absence-related military offense, and
ruption of the Board's operations or de-
satisfaction why such facts were not sub-
the disposition thereof, and the mailing
lay the final termination of the Board's
mitted earlier. New facts are, for purposes
address and telephone number of either
operations.
of this section, considered material only
the applicant or his representative.
(b) An applicant who has been granted
if they relate to presence or absence of
(b) The Board takes all steps in its
executive clemency conditioned upon a
an aggravating circumstance under
power to protect the privacy of ap-
period of alternative service may ask
$ 102.3 or of a mitigating circumstance
plicants and potential applicants to the
for the postponement of the beginning
under $ 102.4, or to calculation of length
Presidential clemency program. No per-
of his period of alternative service for a
of alternative service under § 102.5.
sonal information concerning an ap-
reasonable period of time. The reasons
(2) Factual error, in the complete case
plicant or potential applicant is released
for which a postponement may be grant-
summary or other document considered
by the Board unless disclosure is neces-
ed include personal hardship and con-
by the Board that was material to the
sary for the proper functioning of the
flicting obligations. The Board makes
Board's disposition of his case and detri-
Board (e.g., to the Selective Service Sys-
every effort, consistent with its own au-
mental to him; or
tem so that alternative service may be
thority and that of the Selective Service
(3) Procedural error that was material
performed) or unless required by law.
System to accommodate postponement
to the Board disposition of his case and
(1) Information which reveals com-
requests.
detrimental to him.
mission of a serious crime, unrelated to
2. Part 102 is added to read as follows:
(c) The Board may at its discretion
any offense subject to the jurisdiction of
permit an applicant or his representative
the Presidential clemency program is
PART 102-SUBSTANTIVE STANDARDS
a reasonable period of time to present
forwarded to the appropriate authorities.
Sec.
before the Board an oral statement. The
(2) As required by law, the name (but
102.1 Purpose and scope.
provisions of $ 101.9 apply to any request
only the name) of a recipient of clem-
102.2
Board recommendations
for a personal appearance.
ency is released to the public.
102.4 Mitigating circumstances.
(d) After due deliberation, the Board
(c) All personal information obtained
102.5 Calculation of length of alternative
may:
by the Board in the course of reviewing
service.
(1) Leave unchanged its original rec-
an applicant's case, except information
AUTHORITY: Executive Order 11803, 39 FR
ommendation;
obtained from other agencies, is sealed
33297, as amended.
(2) Where executive clemency was not
by the Board. This happens when the ap-
§ 102.1 Purpose and scope.
granted, recommended to the President
plicant has received his pardon from the
President or when the Board's operations
This section contains the standards
that he grant it in accordance with such
terms and conditions as may be appro-
terminate, whichever is earlier.
which the Board employs in deciding
priate;
(d) Upon announcement of the Presi-
whether or not to recommend that the
(3) Where executive clemency was
dent's disposition of a case, the Board
President grant executive clemency,
granted, recommend to the President
may publish a summary of that case
whether or not elemency should be con-
after the removal of all information
ditioned upon satisfactory completion of
that he diminish the length of alternative
service on which the grant of clemency
likely to identify the individual.
a period of alternative service, and, if
so, what the length of this alternative
has been conditioned or immediately
$ 101.14 Representation before the
service is.
grant a full and unconditional pardon.
Board.
(e) Applicants requesting reconsider-
§ 102.2 Board recommendations.
(a) Although an applicant may bring
ation are so notified in writing of the
his case before the Board without a rep-
In each case the Board decides first
Board's decision, together with the
resentative, each applicant is advised of
whether or not it will recommend the
reasons.
his right to representation and encour-
President that the applicant be granted
§ 101.12 Transmittal to other agencies
aged to seek counsel experienced in mili-
executive clemency. In reaching this de-
of clemency decisions.
tary or selective service law. A. repre-
cision, the Board considers the aggre-
sentative need not be an attorney,
vating circumstances in $ 102.3 and the
(a) The Chairman of the Board may
although legal counsel is recommended
mitigating circumstances in $ 102.4.
forward for further action to the Secre-
to applicants. The Board staff advises
taries of the Army, Navy, and Air Force,
§ 102.3 Aggravating circumstances.
the Secretary of Transportation, the Di-
applicants of those private sources
(a) Presence of any of the aggravat-
rector of the Selective Service System,
which are available to provide counsel-
ing circumstances listed below may
and the Attorney General, as appropri-
ing.
either disqualify an individual for ex-
ate, only such information about the
§ 101.15 Requests for information about
ecutive clemency or cause the Board
President's decision as is necessary in the
the Clemency Program.
to recommend to the President a period
Board's judgment for the agency to per-
of alternative service exceeding the
form its functions under the President's
(a) Upon receipt by the Board of a re-
applicant's "baseline period of alterna-
clemency program or for other necessary
quest for information from an individual
tive service," as determined under
action respecting the applicant.
clearly not within the jurisdiction of the
$ 102.5.
(b) A decision by the President to deny
Board, the Board's staff attempts to de-
(b) Aggravating circumstances of
executive clemency to a person who has
termine his eligibility for any other part
which the Board takes notice are:
fully discharged his obligations under the
(1) Other adult criminal convictions;
of the Presidential clemency program. If
law for his offense is not transmitted by
(2) False statement by applicant to
the Board to any other agency of the
requested, the Board attorney preserves
the Presidential Clemency Board;
United States Government or to any
the confidentiality of the individual's
(3) Use of force by applicant collater-
other person, public or private, except
location.
ally to AWOL, desertion, or missing
the applicant or his representative.
(b) A member of the Board's staff also
movement or civilian draft evasion
offense;
§ 101.13 Confidentiality of communica-
informs any individual of other reme-
(4) Desertion during combat;
tions.
dies available to him, including those
(5) Evidence that applicant committed
(a) In order to have his case consid-
from the Departments of Justice and
offense for obviously manipulative and
ered by the Board, an applicant need
Defense and through judicial processes.
selfish reasons;
FEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975
RULES AND REGULATIONS
(6) Prior refusal to fulfill court or-
not clemency should be conditioned upon
dered alternative service;
a specified period of alternative service
(7) Violation of probation or parole;
and, if so, what length that period should
(8) Multiple AWOL/UA offenses; and
be:
(9) AWOL/UA of extended length.
(1) The starting point for calculation
(c) Whenever an additional aggravat-
of length of alternative service will be 24
ing circumstance not listed is considered
months.
by the Board in the discussion of a par-
(2) The starting point will be reduced
ticular case, and is material to the dispo-
by three times the amount of prison time
sition of that case, the Board postpones
served.
final decision of the case and immedi-
(3) The starting point will be further
ately informs the applicant and his rep-
reduced by the amount of prior alterna-
resentative of their opportunity to sub-
tive service performed, provided that the
mit evidence material to the additional
prescribed period of alternative service
circumstance.
has been satisfactorily completed or is
§ 102.4 Mitigating circumstances.
being satisfactorily performed.
(4) The starting point will be further
(a) Presence of any of the mitigating
reduced by the amount of time served on
circumstances listed below or of any
probation or parole, provided that the
other appropriate mitigating circum-
prescribed period has been satisfactorily
stance is considered as cause for rec-
completed or is being satisfactorily per-
ommending that the President grant
formed.
executive clemency to an applicant, and
(5) Subject to paragraphs (b) and (c)
as cause for reducing the applicant's
of this section, the baseline period of al-
alternative service below the baseline
ternative service will be the remainder of
period, as determined under § 102.5.
these four subtractions or final sentence
(b) Mitigating circumstances of which
to imprisonment, whichever is less.
the Board takes notice are:
(b) In no case will the baseline period
(1) Lack of sufficient education or
of alternative service be less than three
ability to understand obligations or
(3) months.
remedies available under the law;
(c) For applicants who have received
(2) Personal and family problems
an Undesirable Discharge from a military
either at the time of offense or if appli-
service, the baseline period of alternative
cant were to perform alternative service;
service shall be three (3) months.
a
(3) Mental or physical condition;
(d) The Board may consider mitigat-
(4) Employment and other activities
ing circumstances as cause for recom-
of service to the public;
mending clemency upon satisfactory
(5) Service-connected disability,
completion of a period of alternative
wounds in combat or decorations for
service that is less than an applicant's
valor in combat;
baseline period of alternative service, or
(6) Period of creditable military
for recommending an immediate pardon.
service;
(e) In cases in which aggravating cir-
(7) Tours of service in the war zone;
cumstances are present and are not, in
(8) Substantial evidence of personal
the Board's judgment, balanced by miti-
or procedural unfairness;
gating circumstances, the Board may
(9) Denial of conscientious objector
consider such aggravating circumstances
status, of other claim for Selective Serv-
as cause for recommending clemency
ice exemption or deferment, or of a claim
upon satisfactory completion of a period
for hardship discharge, compassionate
of alternative service exceeding, by three
reassignment, emergency leave, or other
(3), six (6), or nine (9) additional
remedy available under military law,
months, the applicant's baseline period
on procedural, technical, or improper
of alternative service. In extraordinary
grounds, or on grounds which have sub-
cases, as an alternative to denying clem-
sequently been held unlawful by the
ency, the Board may increase the base-
judiciary;
line period to a maximum of not more
(10) Evidence that an applicant acted
than 24 months.
for conscientious, not manipulative or
selfish reasons;
PART 201-[REVOKED]
(11) Voluntary submission to authori-
3. Part 201 is revoked.
ties by applicant;
PART 202-[REVOKED]
(12) Behavior which reflects mental
4. Part 202 is revoked.
stress caused by combat;
(13) Volunteering for combat, or ex-
[FR Doc.75-7464 Filed 3-20-75;8:45 am
tension of service while in combat;
(14) Above average military conduct
and proficiency; and
(15) Personal decorations for valor.
(c) An applicant may bring to the
Board's attention any other factor which
he believes should be considered.
§ 102.5 Calculation of length of alterna-
tive service.
(a) Having reached a decision to rec-
ommend that the President grant execu-
tive clemency to a particular applicant,
the Board will then decide whether or
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
May 15, 1975
MEMORANDUM FOR ALL STAFF PCB
FROM
DARLENE BANKS, KEY OPERATOR
SUBJECT
XEORXING
The purpose of this memo is to set forth the guidelines on the the use of
the xerox machines located in Room 605-A.
There are two machines located on the six floor in the above room. I
(Darlene Banks) will be the "key operator" for both machines. The first machines
will be for everyone in the PCB Program and the second is for large projects
only (100 or more copies) which I will do myself.
The hours the xerox machine's being used is 9:00 a.m. to 5:30 p.m., and
no one is to use the machine before 9:00 a.m.
Anyone working late and think that they will be needing me to do some xeroxing
or need the machine please notify me before 5:30 p.m.
Everyone's cooperation in this matter will be greatly appreicated.
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
May 20, 1975
LIBRARY
MEMORANDUM FOR:
ALL HANDS
B.
m.m.
FROM:
LAWRENCE M. BASKIR
SUBJECT:
Reorganization of PCB Staff Channels
As most everyone knows, the PCB was examined closely last week by
a team of experts selected from throughout the Executive Branch. The
team was chosen by the Deputy Director of OMB at the direct request
of the President.
I'm sure you've all felt some of the fall-out from this review. It will
no doubt result in some amount of discomfort as we change our
operation to respond to their suggestions. I hope the unsettling time
will be short, and the result will be better work, done in a more
organized fashion, and at a consistently high quality in line with our
obligations to the President and to the individuals whose lives we are
affecting.
As always, I rely on the staff not only to respond conscientiously to
requirements, but also to assist me and the Chairman and the rest of
the Board with ideas, criticisms, and suggestions. I hope that we
will not sacrifice the collegial, informal and personal qualities that
have been such a large element in our successes thus far. It is
important not only that we finish by September 15, but that we can take
pride in the quality of our accomplishment. The staff has performed
above all reasonable demands the past few weeks and I thank you all
for this. If the performance and enthusiasm is maintained for the
next 4 months, I am confident about the results.
One important requirement is that we clarify organizational
responsibilities throughout the staff. I have asked Bob Knisely, the
Deputy General Counsel, to take responsibility for all aspects of the
legal production and presentation of cases. Action Attorneys will
report through their assistant team leaders and team leaders to
John Foote and Ray Mitchell, who in turn will be responsible to Bob.
Similarly, Gretchen Handwerger, the PCB Chief Administrative
Officer, will direct the administrative side of the operations, with
budget, personnel, building services, files, record-keeping and the
like under her responsibility.
- 2 -
Both Bob and Gretchen will report to me, and I will ask all others
to clear matters with them SO that they can be brought to my attention
in an organized and coherent fashion.
I hope this will clarify some questions. If there are others, I hope
each of you will see that they come to the attention of the proper
person.
Thank you!
5/21/75
TO: Paul O'Neill
FROM: Charles Goodell
The appendix referred to in the
memo will be forwarded under
separate cover this afternoon.
-2-
Second, although we obviously are making every effort to
adopt the suggestions of the team, I am concerned that theimprojections
may not be valid. The Survey team's calculations are based on
assumptions which are untested by experience, and which may prove
over-optimistic. My judgment that we need the additional complement
of 100 interns is based on our experience to date with atterney pro-
duction. This includes uncertainties in the assumption of the staff's
production in June under very different circumstances from the past,
the difficult personal circumstances under which our attorneys are
working, and the very real worry many of them have about the harmful
effects of this detail on their career opportunities in their home agency.
In view of the fact that meeting the President's goal is the
most important element in our calculations, the 100 additional
interns should not be a major matter in dispute. The additional
interns will provide the margin of insurance for the PCB. Should
the Survey team's calculations prove to be incorrect, our options
in mid-June will be seriously limited. On the other hand, if additional
interns prove to be unnecessary, they will enable the Board to return
less productive, full-time attorneys at about the GS 12 level to their
agencies.
I want to express to you in the strongest terms my conviction
that we cannot afford to cut things so close and unnecessarily risk
additional problems.
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
June 6, 1975
MEMORANDUM
TO
:
Distribution List E
FROM
:
Robert A. Knisely
Deputy General Counsel
SUBJECT: Workload
There is an ugly rumor floating around that we are almost out
of cases and therefore almost out of work. As of May 30, 1975,
there were about 9,400 records which had not been assigned.
It is even more significant that President Ford had only been
sent a total of 373 cases. (see attached pipeline chart)
While the 9,400 figure may be a few thousand too high, it is
quite obvious that until we have sent more than 2% of our
caseload to the White House, we are hardly over the hump.
In the event that we do get ahead of schedule, detailees will
go back to their agencies long before the first summer intern
hits the street. It only makes sense: interns are less
expensive. No one will be released from the Board's staff unless
and until there has been a lot of discussion and everyone's free choice
has been exercised to the point of exhaustion.
Please worry for a few more weeks about the unhappy consequences
of our not finishing by mid September, before getting uptight
about the unhappy consequences of finishing long before mid-
September.
A more detailed explanation of where we stand will follow soon.
Attachment
FORD VIBRARY
CASES IN PCB PIPELINE AS OF 30 MAY 1975
(Est. 3280)
(2037)
(1290)
(1650)
(1100 est.)
Projected
Applications
Initial File
DD or BCD
Records Received
1
Applicants
Logged, File
Request Out
File Request
Files Not Completed
2
Not Requested
Out
(29)
(593)
(78)
(1542)
2
Files Available
Files Enroute/
Files Rcd. by
Cases Assigned,
For Distribution
Distributed to
AA Teams, Not Yet
No Significant
3
AA Teams
Assigned to AA's
Action
(388)
(724)
Miscellaneous
Jurisdictional
Cases in AA
Question or
Pipeline
Correspondance
(327)
(650)
(699)
(639)
(1172)
3
Draft Case Partially
Draft Hand-
Draft
Written, or in Pro-
Written
Typed
Cases TO/IN
Cases Awaiting
4
cess of Rewrite
Quality Control
Final Typing
(194)
(700)
(1206)
(247)
4
Cases Typed in Final
Docketed
Decided By
Cases Awaiting
and Xeroxed
Board Panel
Xeroxing
(83)
(228)
(145)
Cases to be
Cases Sent to
SIGNED
Heard By
President,
BY
Board
Awaiting Signature
PRESIDENT
Goodell
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
June 9, 1975
MEMORANDUM FOR:
DISTRIBUTION LIST B
FROM:
BOB HORN RH
SUBJECT:
AUDIT TRAIL OF PCB ACTIVITIES
Until fairly recently, my office was able to obtain copies of all
internal information and memoranda which related to Presidential
Clemency Board activities. This was being done so that WE would
have a regular and systematic record of Board activities. After
we moved to the "M" Street location, we stopped getting copies of
many of these documents. I would appreciate your sending me copies
of all your important memos. Even if there is some question as to
the significance of a given piece of paper, please sent it along
and let me decide whether or not to include it in our files.
FORD LIBRARY is
GOODELL
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
June 12, 1975
MEMORANDUM TO:
Distribution List B
FROM
:
Gretchen Handwerger
SUBJECT
:
Time and Attendance and Overtime
Since we have grown to over 600 employees, our previous way of keeping time
and attendance no longer works. Starting with the week of June -- 11 each
executive secretary must keep the time and attendance on all employees of
the group in the manner described below.
Although most professionals who are permanent employees of their home agencies
should still call in their own time, the PCB personnel office needs to have
their time recorded in case their agency needs some back-up documentation.
When recording leave or overtime if it is part of a day you must show from
what-to-what time (see example 1 attached). The Request for Authorization
of overtime work sheet has to be typed, signed and only one name to a
sheet as these go to the employee's agency. (See example 2)
The Time and Attendance and Overtime sheets must be verified and signed
by the supervisor and turned in to Jill Marshall, Room 501-F by 12 noon
every Thursday. You will have to project the overtime hours for the week-
end on the sheets also. If there are any adjustments, just record them
on the following week's sheets.
These forms are available in the 2nd floor supply room, M Street building,
or you may make your own copies.
Attachments
GCRALD TORD FRABELY
TEAM LEADERS NAME
JOHN DOE
DATE
6/5/75
ATTENDENCE SHEET
NAME
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
4
5
4 A/L
8
8
3 S/L
8
Jimmy Jones
12:30-4:30
9:00-12:00
8
8
8 O.T.
8
8
2 OT
2 OT 7-8
8
8:00-4:30
Sharon Jackson
4:30-6:30
4:30-5:30
4 AWOL
8 AWOL
1:30-5:30
9-5:30
8
8 AWOL
Joe Blow
8
4
9-5:30
EXAMPLE 1.
EXAMPLE 2
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
REQUEST FOR & AUTHORIZATION
OF OVERTIME WORK
SOCIAL
Authorized overtime
EMPLOYEE'S NAME
SECURITY
est. no.
Dates
NUMBER
of hrs,
Sharon Jackson
2
6/3/75
2.
6/5/75
8
6/7/75
APPROVED BY
TITLE
DATE
JOHN DOE
TEAM LEADER
6/5/75
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
REQUEST FOR & AUTHORIZATION
OF OVERTIME WORK
SOCIAL
Authorized overtime
EMPLOYEE'S NAME
SECURITY
est. no.
Dates
NUMBER
of hrs,
APPROVED BY
TITLE
DATE
TEAM LEADERS NAME
DATE
ATTENDENCE SHEET
NAME
MONDAY
TUESDAY
WEDNESDAY
THURSDAY
FRIDAY
SATURDAY
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
/
SELVES
WASHINGTON, D.C. 20503
JUN 1 3 1975
Mr. Charles E. Goodell
Chairman
Presidential Clemency Board
2033 M Street, N. W.
Washington, D. C. 20036
Dear Mr. Goodell:
We appreciate the heavy workload of the Board and its
staff, particularly since the recent acceleration and
expansion of activities. However, those activities
have also created a need for the Board to take three
actions, which have been discussed with your staff,
to assure continued compliance with the Federal
Advisory Committee Act. Those actions are:
1. Request a determination by the Director of
OMB that the next set of meetings scheduled
by the Board shall not be open to the public.
Such a determination has been made for the
meetings scheduled through June 28, 1975.
If meetings are scheduled beginning June 30,
1975, and running through July, the determi-
nation should be requested at once, to assure
that it can be processed, and the 15 day prior
notice of the meetings can be published in the
Federal Register as required by the Act and OMB
Circular No. A-63.
2. OMB is now reviewing a proposed determination
naming a number of the Board's staff as alter-
nate "designated Federal employees," to serve
on the subgroups of the Board. Implicit in
such a determination is that those employees
of the Board understand their authority and
responsibilities under the Federal Advisory
Committee Act, and act accordingly. We need
your assurance that steps are being, or have
been, taken to inform them of this authority
and responsibility.
2
3. The charter of the Presidential Clemency
Board should be revised to reflect the
present structure, changed termination
date, etc.
To assure compliance with the Act it is important that
we hear from you as soon as possible.
Sincerely,
20 O4-
Fernando Oaxaca
Associate Director for
Management and Operations
Goodell
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
June 25, 1975
MEMORANDUM TO
: ALL BOARD MEMBERS
FROM
: ROBERT J. HORN
EXECUTIVE SECRETARY
SHR
SUBJECT
: End of Fiscal Year
This is a follow-up to our discussion at the Board Meeting today. I
expect that by now new Board Members have received the tax forms that
I mentioned.
I would appreciate their filling them out and returning them to the person
sitting at the desk in the Board Room, no later than 2 p.m. today.
Secondly, I would like to remind all the Board Members who haven't done so
already, to submit their salary, per diem, and travel vouchers for last
week, also by 2 o'clock today, and to submit the same information for this
week, projecting through Monday of next week, no later than 12 noon tomorrow,
June 26.
I realize that this will be an imposition on some of you; however, I would
appreciate your giving me this information as quickly as possible, because
we are trying to close out the fiscal year. Thank you for your understanding.
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
June 25, 1975
MEMORANDUM TO
: ALL BOARD MEMBERS
FROM
: ROBERT J. HORN
EXECUTIVE SECRETARY
SHR
SUBJECT
: End of Fiscal Year
This is a follow-up to our discussion at the Board Meeting today. I
expect that by now new Board Members have received the tax forms that
I mentioned.
I would appreciate their filling them out and returning them to the person
sitting at the desk in the Board Room, no later than 2 p.m. today.
Secondly, I would like to remind all the Board Members who haven't done so
already, to submit their salary, per diem, and travel vouchers for last
week, also by 2 o'clock today, and to submit the same information for this
week, projecting through Monday of next week, no later than 12 noon tomorrow,
June 26.
I realize that this will be an imposition on some of you; however, I would
appreciate your giving me this information as quickly as possible, because
we are trying to close out the fiscal year. Thank you for your understanding.
GOODELL
July 16, 1975
MEMORANDUM
TO: Distribution List
B
RJH
FROM: Robert J. Horn, Executive Secretary
SUBJECT: Incurring Financial Obligations on Behalf of
the PCB.
I am writing this memorandum at OMB's suggestion.
As many of you are aware, during the last fiscal year
the money allocated to the PCB was inadequate to meet
its operating needs. Extraordinary action was taken by
OMB in order to avoid a deficiency situation as of June 30,
1975. I therefore request that no one incur financial
obligations on behalf of the PCB without my explicit
written authorization.
To date we have received authorization for very
limited funds for FY 1976, and it therefore behooves
each of us to keep very strict controls on our expenses.
Your full cooperation is essential to the operation of
PCB. With this cooperation we can expect to overcome
any inconveniences that might result from the limited
finances available to the Board.
Thank you.
Evelyn-
GERALD FORD
7/16
then any letter come through
for CEG's signature which are
letters of recommendation, commendation,
etc. would you be per they
have Chalie Photto initials on they
to indicate that there's been Pome
coordination with personal. (Le'r trying
to be lune that everyone "gets a teller
of tome port 1 generally done on
the typewriter machine and Buging
from lutteware to hothy enthustate
- but we also want te be sure
that people don't set two from
the CEG other - one by handled God knows by who. Phott and
GMb
*
or admust everyone if it's better to leave everything
unwaid we'll consider doing that
THE WHITE HOUSE
WASHINGTON
Evelyn:
This was opened by Rick yesterday
and I believe he informed Senator
Goodell.
m
Marilyn M.
7/18
Per Rick's request, I have made
a copy of the enclosed and sent
it to Bob Knisely.
of The
PRESIDENT
EXECUTIVE OFFICE OF THE PRESIDENT
UNITED
OFFICE OF MANAGEMENT AND BUDGET
SECUTIVE
STATE
WASHINGTON, D.C. 20503
JUL 17 1975
MEMORANDUM FOR CHARLES GOODELL
Subject: Phase-out of the Presidential Clemency Board
I am in receipt of a copy of a memorandum from Robert Knisely,
Deputy General Counsel, concerning PCB carryover work plan.
The plan, as currently presented, indicates that the PCB will
have problems meeting the September 15 deadline.
I would appreciate receiving a substantially modified version
of the above which would include the following information:
Clear listing of all tasks that remain to be done
as of this date.
Detailed work plan describing how these tasks will
be accomplished by September 15, 1975.
Strategy for the delegation of tasks that will re-
main beyond September 15, 1975, to other Federal
agencies, e.g., DOD, DOJ, GSA, and Selective
Service.
Strategy for completion of administrative tasks
such as budgetary matters, return of furniture,
etc. GSA can provide assistance.
In addition to the above, it would be useful for you to pro-
vide me with information concerning a plan for possible dele-
gation of the Alternative Service issue to the pardoning
attorney. This could be worked out by PCB and Selective
Service staff. I would also appreciate knowing specifically
how you intend to handle the "hard cases. " I understand that
there are between 2,000 to 3,000 of these. What is your
current planning figure concerning these cases, and how many
do you think will exist on September 15? It appears to me
that some reasonable deadline should be set for the resolution
of these cases.
I would appreciate your cooperation in seeing that I am pro-
vided this information by July 24) 1975.
Panew Ohism Paul H. Neill
Deputy Director
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
August 6, 1975
MEMORANDUM FOR:
ALL STAFF MEMBERS
RAVE for
FROM:
LAWRENCE M. BASKIR
SUBJECT:
CONFIDENTIALITY POLICY
The PCB has promised those who contact us that their communication and
identification will remain entirely confidential and that the information
which they give to us will be used ONLY by the PCB and ONLY for Clemency
purposes.
If officials, such as the police or the FBI, ask you for any identifying
information about a person who has contacted us, explain that the request
must be made in writing to Lawrence M. Baskir as General Counsel of the
PCB. You should then write a memo to alert me that such a request for
identification is forthcoming. No addresses or other information shall
be released without written approval from the General Counsel.
In your efforts to contact applicants for information with which to
write a case summary, you must use extreme caution when dealing with
any person outside the PCB.
This policy is in keeping with the assurances which were made to the public
regarding any and all applications to the clemency program.
ACTION
ROUTING AND TRANSMITTAL SLIP
1 TO (Name, office symbol or location)
INITIALS
CIRCULATE
Sen. Goodell
DATE
COORDINATION
2
INITIALS
FILE
DATE
INFORMATION
3
INITIALS
NOTE AND
RETURN
DATE
PER CON -
VERSATION
4
INITIALS
SEE ME
DATE
SIGNATURE
REMARKS
Do NOT use this form as a RECORD of approvals, concurrences,
disapprovals, clearances, and similar actions.
FROM Gritchen (Name, office symbol or location)
DATE 9/3/75
PHONE
GPO: 1972 0 - 254-690/ 479-987
OPTIONAL FORM 41
5041-101
AUGUST 1967
GSA FPMR (41CFR) 100-11.206
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
September 2, 1975
TO:
General Walt
FROM:
Gretchen M. Hand amb erger
FORD LIBRART
SUBJECT: The Opening of Mail
After talking with you this afternoon, I tried
to find out why mail addressed to you (and others)
has been opened before routing during the past few
days rather than sent to you directly and unopened
as it has been previously.
Charles Graham, who was Acting Administrator in
my absence, tells me that Steve Sturgill, the PCB
"mailman" was sick on Thursday and Friday (August 28
and 29) and that in his absence the mail was opened
and sorted by a variety of helpers, all pulled from
other jobs on a short-term basis in an effort not to
let the incoming mail pile up. It is my understanding
that this mail was handled in assembly line fashion,
with the first person in the line slitting open all
envelopes, the second person pulling out the letters
and stapling the envelopes to them, the third person
date stamping the letters, the fourth person sorting
them into action piles, etc. The second person in this
assembly line (the person pulling out the letters and
stapling the envelopes to them) was also first checking
the envelopes for mail that should be pulled out
for direct routing (e.g. mail addressed to Board Members,
etc.) and when she discovered mail which had been opened
which shouldn't have been, she resealed the letters by
stapling the envelopes and putting them in the mail
routing bin. It seems clear to me that this initial sorting
should have been done before the envelopes were slit but
I can fully understand the circumstances in which substi-
tute help, improvising their own system, proceeded
inappropriately.
The instructions normally followed in opening the
mail are as follows:
1. Mail addressed to Senator Goodell or Larry
Baskir (unless marked "personal") is opened in the mailroom.
2. Mail addressed to case attorneys (unless marked
"personal") is sent to a small group of attorneys on Chuck
Hilbert's team which handles it in conjunction with the
case attorney to whom it's addressed if he's still at the
PCB.
3. ALL OTHER MAIL is routed directly, without
opening, to the person to whom it is addressed. If the
addressee wishes to have it handled routinely he returns it
to me or Carolyn Swanson, head of the correspondence unit.
These procedures have been in effect for as long as
I have been at the Clemency Board. If Ron Hoile led you to
believe that other directives are in effect concerning the
opening and handling of mail, he was in error. I am sure
that mistakes have been made but I am equally sure that, on
the whole, the system has worked pretty well. As you said,
this is the first time you have received mail that had been
opened.
I am most concerned about Col. Dickman's check and have
asked Charlie Graham to follow up on this. I have also
queried the people who were handling mail in Steve's absence.
They say they saw no such check - but then they probably
wouldn't have since they were not removing the contents from
their envelopes. We are also checking to be sure that the
check did not fall out of the envelope and is now lying around
somewhere in the mail sort area.
I am extremely sorry that your mail - and that of other
Board members, Col. Dickman, Col. Bensen, and indeed probably
everyone else at the PCB who received mail on last Thursday
and Friday - was opened, but I can assure you that it was done
inadvertently rather than intentionally.
CC: Senator Goodell
Ron Hoile
Col. Dickman
Major Buck
Col. Benson
Charles Graham
Steve Sturgill
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"ocrText": "The original documents are located in Box 1, folder \"Administrative Matters\" of the\nCharles E. Goodell Papers at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Charles Goodell donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 1 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library\nMEMORANDUM FOR:\nPAUL O'NEILL, DEPUTY DIRECTOR\nOFFICE OF MANAGEMENT & BUDGET\nSERIAL FORD LIBRARY\nFROM:\nCHARLES E. GOODELL\nCHAIRMAN\nSUBJECT:\nCLEMENCY BOARD OPERATIONS\nPursuant to your memo of July 3, requesting certain additional statistics on\nthe operation of the Presidential Clemency Board, let me submit the following\ninformation, current as of COB July 10th:\n1. Total applications logged\n17,524\n2. Total current caseload\n16,186\n3. Case summaries docketed for Board review\n9,210\n4. Cases completed by the Board\n8,517\n5. Cases forwarded to the White House for\nPresidential signature\n652\n6. Total warrants signed by the President\n372\nFootnotes:\n1 This number will increase only slightly as we continue to receive information\nperfecting applications filed before March 31.\n2The difference between applications logged and the current caseload reflects\nthe number of ineligible applications we have thusfar identified after logging.\n3 The number of cases prepared by attorneys is 11,696. The difference of 2,486\nrepresents cases awaiting typing, duplication, etc.\n4 Some cases decided by Board Panels are held for reconsideration prior to being\nsent to the President for approval.\n5under Board rules, each applicant has 30 days from the time of the mailing of\nhis case sussary to respond with corrections. The great bulk of cases was not\ndecided until the beginning of the first week of June and the summaries were\nmailed contemporaneous with Board consideration. Approximately 1600 will be\nforwarded for signature late this week.\ns The last transmission of 280 recommendations was sent on 27 June, 1975.\n- 2 -\nThe Presidential Clemency Board staff has hid a management information system\noperating for Some time. I regret the oversight in not sending you information\nof this nature in the past. Should you or your staff wish a more comprehensive\nanalysis of the Clemency Board production, I will be glad to have them give a\nbriefing to you.\nThe Clemency Board has had a docketing system in place and operating as of the\ntime the Board began meeting on a daily basis beginning the first of June.\nThis system has been working well and has insured that the Board has had docketed\nand available for consideration 1300 to 1500 cases each week. I anticipate no\ndifficulty in the staff's continuing to have prepared the requisite number of\ncases each week in time for the bulk of the cases to have been reviewed by our\nscheduled goal of mid-August. I do anticipate, however, a small number of ex-\ntremely difficult cases for which we have been unable to receive adequate\nrecords and which will necessitate fairly extensive staff investigative efforts\nto obtain information sufficient for Board deliberation.\nThe Presidential Clemency Board staff is now preparing a plan for the carry-\nover work that may exist after September 15. A report on this plan is being\nprepared for Nx. Feesle and will be delivered shortly. While it is possible\nat this point to predict the nature of the work that will exist after September\n15, the volume is subject to a number of variables which we cannot predict with\nany degree of assurance at this time. It will involve such variables as the\nnumber of appeals taken from Presidential decisions and Clemency Beard rules,\nthe number of late received filds, as well as the Board's responsibility under\nthe Executive Order for certifying satisfactory completion of alternative\nservice. This latter is an especially difficult problem since the bulk of\nalternative service required of applicants will obviously be completed after\nSeptember 15.\nThe Board's staff has had continuous discussions with Archives as to the\nnature of the requirement of disposal of the Board's recyrds. We are still\nawaiting a report from them as to their requirements. with respect to\nrecords received from other agencies, we have decided not to begin sending\nthese records back until late in August with some few exceptions, because of\nthe possibility that we will have to refer to them once again in the interven-\ning period.\nI hope this information is helpful to you and I will continue to supply the\nfigures on a regular basis henceforth.\nLMB:jz\nGOODELL\nPCB Mail System\nMail is picked up on the front curb of 2033 M Street at\n10:20AM, 12:20PM and 2:20PM. Mail is received from and\ndelivered to the OEOB each morning and afternoon. It is\nopened, sorted into appropriate slots, and ready for pick-\nup at the mail counter on the 5th floor at 11:00AM, 1:00PM\nAND 3:00PM.\nEach floor and New Hampshire Avenue have people designated\nto pick up the mail. Please see the attached list of Mail\nPersonnel.\nDistribution of the mail on each floor and New Hampshire\nAvenue will be the responsibility of the person on that\nlist.\nMAIL PERSONNEL\nNew Hampshire Building\nHarold G. Long\n634-4364\n2nd Floor\nNia Nicholas\n254-6947\n3rd Floor\nJade Hall\n634-4858\n4th Floor\nVACANT\n5th Floor\nMark Miller\n254-7951\n6th Floor\nRuth Hausman\n634-4826\n7th Floor\nMary Liekweg\n254-6387\n8th Floor\nEldora Robinson\n254-6460\n9th Floor\nMark Miller\n254-7951\nrules and regulations\nThis section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal most of which\nkeyed to and cedified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1520,\nThe Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL\nREGISTER issue of each month.\nTitle 2-Clemency\nRemedies. Section 101.4 has been\nas specified in 55 102.3 and 102.4, the\nCHAPTER 1-PRESIDENTIAL\nadded to explain the remedies available\ncase is tabled. The action attorney is in-\nCLEMENCY BOARD\nfrom the Presidential Clemency Board.\nstructed to obtain additional facts.\nIt states the authority with which the\nThis is in response to comments from\nADMINISTRATIVE PROCEDURES AND\nBoard is vested by Executive Order\nthe private bar.\nSUBSTANTIVE STANDARDS\n11803, issued pursuant to Proclamation\nHearing before the Board. Subsection\nThe Presidential Clemency Board pub-\n4313.\n101.9(c) provides for a personal appear-\nlished its proposed administrative pro-\nA Presidential pardon restores those\nance as a matter of right if an applicant\ncedures and substantive standards on\nfederal civil rights lost as a result of a\ncan show that an oral presentation is\nNovember 27, 1974 (39 FR 41351). Since\nfelony conviction. State law recognizes\nnecessary to the Board's understanding\nthat time, the Board has considered the\nPresidential pardons as & matter of com-\nof a mitigating circumstance or an ag-\nfirst military cases before #, and has had\nity, usually restoring the right to vote\ngravating circumstance which applies to\nthe benefit of more than 40 comments on\nin federal and state elections, to hold\nhis case. The Board has provided a right\nits proposed regulations. With the benefit\npublic office, and to obtain licenses for\nto personal appearance in response to\nof this additional experience and these\ntrades and professions from which con-\nseveral comments.\ncomments, the Board publishes the final\nvicted feloms are barred under state law.\nReconsideration. Subsection 101.11(b)\nregulations setting out its procedures\nSince conviction by military court-\nhas been amended in order to add stand-\nand standards.\nmartial is treated as a felony conviction\nards which must be met if the Board is\nIt is the intent of the Board to provide\nby many states, and since an Undesir-\nto consider an applicant's petition for\nnotice to the public of the standards it\nable Discharge may have the same con-\nreconsideration. In the proposed regu-\nuses to make recommendations to the\nsequences as a court-martial conviction,\nlations, consideration of such petition by\nPresident concerning individual applica-\nthe benefits of a pardon apply to former\nthe Board was a matter of discretion.\ntions for clemency. The Board also\nservicemen as well as to civilian draft\nThis amendment limits the circum-\nwishes to ensure equity and consistency\nevaders.\nstances under which reconsideration\nfor applicants under the President's\nA Clemency Discharge neither en-\nwill be granted, but provides that when\nclemency program.\ntitles its recipient to veterans benefits\nan applicant shows that any of those\nBecause it is a temporary organiza-\nnor bars his receiving those benefits to\ncircumstances are present, reconsidera-\ntion within the White House Office, the\nwhich he is otherwise entitled. The Vet-\ntion will be granted as a matter of right.\nsole function of which is to advise the\nerans Administration and other agencies\nTransmittal to other agencies of Presi-\nPresident with respect to the exercise of\nmay extend veterans' benefits to some\ndential decisions. Section 101.12 provides\nhis constitutional power of executive\nholders of a Clemency Discharge, but it\nthat grants of immediate pardon by the\nclemency, the Board does not consider it-\nis contemplated that most will not re-\nPresident are transmitted formally to\nself formally bound by the Administra-\nceive veterans benefits.\nother government agencies, as appropri-\ntive Procedure Act. Nonetheless, within\nAvailability of files to applicant and\nate. Pending completion of the alterna-\nthe time and resource constraints gov-\nhis representative. Section 101.7(c) clari-\ntive service requirement, grants of con-\nerning it, the Board wishes to adhere as\nfies which files an applicant and his\nditional clemency are communicated to\nclosely as possible to the principles of\nrepresentative have a right to see. At\nanother federal agency only to the extent\nprocedural due process. The administra-\nthe offices of the Board, information col-\nthis information is necessary for the\ntive procedures established in these reg-\nlected by the Board independently of\nagency to perform its functions under\nulations reflect this decision.\nany other government agency is readily\nthe clemency program or for other nec-\nThe Board may publish changes in in-\navailable to an applicant or his repre-\nessary action respecting the applicant.\ndividual sections as it deems necessary.\nsentative. All files obtained from other\nUpon completion of alternative service,\nThe Board welcomes continuing com-\nagencies are available to the extent not\nnotification of the pardon is forwarded\nment on problems which may arise in the\nbarred by the rules of the agency own-\nto all appropriate agencies. Denials of\napplication of particular sections of\ning the file. For example, the Selective\nclemency by the President are held con-\nthese procedures and invites recommen-\nService System file is available to him\nfidential by the Board.\ndations on how best these problems may\nand his representative. Files from an-\nThe intent of this section, adopted here\nbe resolved.\nother agency are cited in a summary\nin response to several comments is that\nSeveral dozen technical changes have\nwhen they are used as the basis of state-\na person who applies for clemency should\nments in that summary. Reason for\nnot be prejudiced in his pursuit of other\nbeen made in these regulations in re-\ndenial of access to any of these files is\nremedies through the military services'\nsponse to new circumstances that were\npresented to the Board. Some clarify sig-\nstated in writing upon request.\ndischarge review processes or elsewhere.\nOther remedies available to applicant.\nnificantly the rights and procedures\nThis subsection is in response to com-\nSection 101.15(b) requires that Board\navailable to applicants. The following is\nments that §§ 201.5(b) and 201.6(c),\nstaff inform both applicants to the Board\nan explanation of those changes which\nread together, were either unclear or\nand persons who inquire about the\nseem to the Board to be most significant:\noverbroad.\nclemency program, but are clearly not\nJurisdiction. Section 101.3 has been\nCompleted case summary. The com-\nunder the Board's jurisdiction, of the\nadded in order to incorporate the criteria\npleted case summary consists of the\nremedies available to them under mili-\nfor determining whether or not a person\ninitial case summary, amendments as\ntary discharge review processes and\nis eligible for consideration by the Presi-\ndescribed in the §§ 101.8 (c) and (e),\nthrough the judiciary. Applicants to the\ndential Clemency Board. It restates the\nand the materials submitted by the ap-\nBoard or to one of the other agencies\ncriteria established in Proclamation 4313\nplicant and his representative as de-\nadministering part of the clemency pro-\n(Announcing a Program for the Return\nscribed in § 101.8(b). Where, in the\ngram may pursue such other remedies\nof Vietnam Era Draft Evaders and Mili-\nopinion of the Board, there is a conflict\nsimultaneously or subsequently to, or in-\ntary Deserters) and repeated in Execu-\nof fact, false statement, or omission ma-\nstead of their remedies under the clem-\ntive Order 11803 (Establishing a Clem-\nterial to the Board's consideration of an\nency program. The Board's staff informs\nency Board\naggravating or mitigating circumstance,\nthem of their other options.\nFEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975\n12764\nRULES AND REGULATIONS\nAggravating and mitigating circum-\nSec.\n§ 101.4 Remedies.\nstances. Sections 102.3 and 102.4 contain\n101.7\nAssignment of Action Attorney and\nnew aggravating and mitigating circum-\ncase number, and'determination of\n(a) The Board is empowered only to\nstances which the Board deems material\njurisdiction.\nmake recommendations to the President\n101.8\nto its decisions.\nInitial case summary.\non clemency applications. The Board has\n101.9\nConsideration before the Board.\nThe Board notes that it has seen a\nno final authority of its own. The Board\n101.10\nRecommendations to the President.\nnumber of cases of persons who behaved\nmay recommend to the President that he\n101.11\nReconsideration.\nwith valor during combat, but then com-\n101.12\nTransmittal to other agencies of\ntake one or more of the following actions:\nmitted AWOL offenses because of mental\nclemency decisions.\n(1) Grant an unconditional pardon\nstress caused by combat. The Board calls\n101.13\nConfidentiality of communications.\nwithout a requirement of alternative\nattention to this mitigating circum-\n101.14\nRepresentation before the Board.\nservice;\n101.15\nstance as one which it considers particu-\nRequests for information about the\n(2) Grant an unconditional pardon\nlarly important in some cases.\nClemency Program.\nupon the satisfactory completion of a\n101.16\nPostponement of Board considera-\nA number of comments from the pri-\nspecified period of alternative service\ntion and of the start of alternative\nvate bar have suggested that the Board\nservice.\nnot to exceed 24 months;\nshould add as a mitigating circumstance\nAppendix A: Application kit.\n(3) Grant a clemency discharge in\n\"evidence that an applicant would prob-\nAppendix B: Proclamation 4313.\nsubstitution for a Dishonorable, Bad\nably have obtained a Selective Service\nAppendix C: Executive Order 11803.\nConduct, or Undesirable Discharge;\nstatus or military discharge or reassign-\nAUTHORITY: Executive Order 11803, 39 FR\n(4) Commute the sentence; or\nment beneficial to him, but failed to ap-\n33297, as amended.\n(5) Deny clemency.\nply due to lack of knowledge or confu-\n(b) In unusual circumstances and as\nsion.\" Mitigating circumstances #1, 8,\n§ 101.1 Purpose and scope.\nauthorized by Executive Order 11803, the\nand 9, in conjunction, are adequate to\nThis part establishes the procedures\nBoard may make other recommenda-\nmeet this problem.\nof the Presidential Clemency Board.\ntions as to the form that clemency should\nCalculation of length of alternative\nCertain other matters are also treated,\ntake. This shall only be done in order to\nservice. Subsection 102.5(c) has been\nsuch as the assistance to be given to in-\ngive full effect to the intent and purposes\nadded in order to make clear the Board's\ndividuals requesting determinations of\nof the Presidential Clemency program.\ndecision that the initial baseline period\njurisdiction, or requesting information\n§ 101.5 Initial filing.\nof alternative service for applicants with\nrespecting those parts of the Presidential\nUndesirable Discharges is three (3)\nClemency Program which are adminis-\n(a) In order to comply with the re-\nmonths.\ntered by the Department of Defense and\nquirements of Executive Order, 11803, as\nEligibility of clemency recipients for\nthe Department of Justice under Presi-\namended, an individual must make an\nmilitary discharge review remedies. The\ndential Proclamation 4313 (39 FR 33293)\ninitial filing to the Board not later than\nPresidential Clemency Board notes, al-\nMarch 31, 1975. The Board considers suf-\nthough the matter is not one for inclu-\n§ 101.2 General definitions.\nficient as an initial filing any written\nsion in its regulations, that it has\n\"Action attorney\" means an attorney\ncommunication postmarked not later\nreceived numerous comments which as-\non the staff of the Board who is assigned\nthan March 31, 1975, and received by\nsume that a recipient of executive clem-\nan applicant's case.\nthe Board, the Department of Justice,\nency under the President's clemency\n\"Applicant\" means an individual who\nthe Department of Defense, the Depart-\nprogram is ineligible for consideration\ninvokes the jurisdiction of the Board,\nment of Transportation, or the Selective\nunder the military services' discharge\nand who has submitted an initial filing.\nService System. In the communication\nreview processes.\n\"Board\" means the Presidential\nan individual or his representative must\nThis is incorrect. Any applicant to the\nClemency Board as created by Executive\nrequest consideration of the individual's\nBoard for executive clemency may also\nOrder 11803 (39 FR 33297) or any duly\ncase or raise questions which evidence\nseek review of his discharge through one\nauthorized panel of that Board.\na serious interest in applying for the\nof the military services' discharge re-\nprogram. Oral applications made not\nview boards or boards for the correction\n§ 101.3 Jurisdiction.\nlater than March 31, 1975 are considered\nof military records. Applying to the\nJurisdiction lies with the Board with\nsufficient if reduced to writing, and post-\nBoard does not exclude a former service-\nrespect to a particular person if such\nmarked not later than May 31, 1975.\nman from the jurisdiction of the military\nperson applies to the Board not later\n(b) If an initial filing is made by a\nservices' boards, nor does it preclude the\nthan March 31, 1975 and:\nrepresentative, the case is not considered\nremedies which are available from those\n(a) He has been convicted for failure\nby the Board unless and until the appli-\nboards.\nunder the Military Selective Service Act\ncant submits a written confirmation of\nThe Presidential Clemency Board\n(50 App. U.S.C. 462) or any rule or regu-\nhis clemency application. This confirma-\nnotes that a veteran who receives a\nlation promulgated thereunder to register\ntion by the applicant may be sent either\nClemency Discharge through the Board\nor register on time, to keep the local\ndirectly or through a representative, but\nmay subsequently seek, according to the\nboard informed of his current address,\nit must be mailed not later than May 31,\nDepartment of Defense, an upgrading of\nto report for or submit to preinduction or\n1975. A statement by an attorney that he\nthat discharge through the military serv-\ninduction examination, to report for or\nis acting on behalf of an applicant is suf-\nices' normal discharge review processes.\nsubmit to induction itself, or to report for\nficient. Applications by a representative\nThis chapter will become effective\nor submit to, or complete (alternative)\non behalf of an applicant may be con-\nservice under section 6(j) of the Act for\nimmediately.\nsidered by the Board where good cause is\noffenses committed during the period\nshown why the applicant is unable to\nIssued in Washington, D.C. on March\nfrom August 4, 1964 to March 28, 1973,\napply.\n18, 1975.\ninclusive; or\n§ 101.6 Application form.\nCHARLES E. GOODELL,\n(b) He has received a punitive or\n(a) Upon receipt of an initial filing, a\nChairman, Presidential Clem-\nundesirable discharge as a consequence\nmember of the Board's staff makes a de-\nency Board, The White House.\nof offenses under Article 85 (desertion),\ntermination of probable jurisdiction.\n1. Part 101 is added to read as follows:\n86 (AWOL), or 87 (missing movement)\nPersons who are clearly beyond the\nof the Uniform Code of Military Justice\nPART 101-ADMINISTRATIVE\nBoard's jurisdiction are so notified in\n(10 U.S.C. 885, 886, 887) that occurred\nPROCEDURES\nwriting. A person who questions this de-\nbetween August 4, 1964 and March 28,\ntermination should promptly write the\nSec.\n1973, inclusive, or is serving a sentence of\nGeneral Counsel, Presidential Clemency\n101.1\nPurpose and scope.\nconfinement for such violation.\n101.2\nGeneral definitions.\nBoard, The White House, Washington,\n101.3\nJurisdiction.\n(c) Jurisdiction will not lie with re-\nD.C. 20500, stating his reasons for ques-\n101.4\nRemedies.\nspect to an individual precluded from\ntioning the determination. The General\n101.5\nInitial filing.\nre-entering the United States under 8\nCounsel of the Board makes the final de-\n101.6\nApplication form.\nU.S.C. 1182 (a) (22) or other law.\ntermination of probable jurisdiction and\nFEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975\nRULES AND REGULATIONS\n12765\nso notifies the applicant or his repre-\ntion in a particular case, he promptly\n(f) Where, in the opinion of the Board,\nsentative in writing stating the reasons\nnotifies the applicant or his representa-\nthere is a conflict of fact, false state-\nwhy. In doubtful cases, a final determi-\ntive in writing, stating the reasons for\nment, or omission material to the Board's\nnation of jurisdiction is made by the\nsuch a determination.\nconsideration of an aggravating or miti-\nBoard.\n(f) An applicant or his representative\ngating circumstance, as specified in\n(b) A person who has been notified\nwho questions this adverse determination\n§§ 102.3 and 102.4, the case is tabled. The\nthat jurisdiction does not lie in his case\nof jurisdiction should write the General\nAction Attorney is then instructed to ob-\nis considered as having made a timely\nCounsel of the Board in accordance with\ntain additional facts.\nfiling if the final determination is that\nthe provisions of § 101.6(a).\n§ 101.9 Consideration before the Board.\nthe Board has jurisdiction over his case.\n§ 101.8 Initial case summary.\n(c) A person who is within the juris-\n(a) At a regularly scheduled meeting\ndiction of the Board is sent an applica-\n(a) Upon receipt of the necessary rec-\nof the Board, an applicant's case is con-\ntion form, information about the Presi-\nords and files, the Action Attorney pre-\nsidered. The Board may provide by rule,\ndential clemency program, instructions\npares an initial case summary of the ap-\nhowever, that cases will be initially con-\nfor the preparation of the application\nplicant's case. The files, records, and any\nsidered by panels of not less than three\nform, a statement describing the Board's\nadditional sources used in preparing the\nBoard members. Any case may be\nprocedures and method of determining\ninitial case summary are listed. No other\nbrought before a majority of the full\ncases, and a list of volunteer counseling\nmaterial is used. The initial case sum-\nBoard for consideration at the request\nservices.\nmary includes the name and business\nof a panel member. Panel recommenda-\n(d) The person is urged to return the\ntelephone number of the Action Attorney\ntions will be considered and approved by\ncompleted application form to the Board\nwho may be contacted by the applicant\na majority of the full Board.\nas soon as possible. Completed applica-\nor his representative.\n(b) The Action Attorney presents to\ntion forms must be postmarked within\n(b) The initial case summary is sent\nthe Board a brief statement of the com-\nsixty (60) days of the time they were\nby certified mail to the applicant or his\npleted case summary and, as provided\nmailed by the Board, in order to qualify\nrepresentative. The summary is accom-\nin § 101.8(b), the material submitted by\nfor the Board's consideration as a matter\npanied by an instruction sheet describing\nthe applicant.\nof right.\nthe method by which the summary was\n(c) The Board grants a personal ap-\nprepared and by a copy of the guidelines\n§ 101.7 Assignment of Action Attorney,\npearance to an applicant and his rep-\nused by the Board for the determination\ncase number, and determination of\nresentative if they can show in a written\nof cases. Applicants are encouraged to\njurisdiction.\nstatement that such an appearance is\nreview the initial case summary for ac-\nnecessary to the Board's understanding\n(a) Upon receipt by the Board of the\ncuracy and completeness and advised of\nof the applicant's case. The Board con-\ncompleted application form or of infor-\ntheir right to submit additional sworn\nsiders each request for an oral presen-\nmation sufficient for the Board to re-\nor unsworn material. Additional material\ntation at a regular meeting and informs\nquest the records and files specified in\nmay be submitted in any length. Nothing\nthe applicant and his representative\nparagraph (b) of this section, the ap-\nover three (3) single-spaced, typewritten,\nwhether or not his request has been\nplicant's case is reviewed for preliminary\nletter-sized pages in length is read ver-\ngranted.\ndetermination of the Board's jurisdic-\nbatim to the Board. Where necessary,\n(d) Any oral presentation granted by\ntion. If it appears that the Board has\ntherefore, an applicant should summa-\nthe Board shall not exceed a reasonable\njurisdiction over the case, a file is opened\nrize his additional material to comply\nperiod of time. Neither applicant nor his\nand a case number assigned. The Board\nwith this verbatim presentation require-\nrepresentative may be present when the\nwill then request from all appropriate\nment. If this is not done, the Action\nBoard begins deliberations, but should\ngovernment agencies the relevant rec-\nAttorney does SO.\nremain available for further consulta-\nords and files pertaining to the appli-\n(c) At any time before Board consid-\ntion immediately thereafter.\ncant's case.\neration of his case, an applicant may sub-\n(e) After due deliberation the Board\n(b) In normal circumstances, the rel-\nmit evidence of inaccurate, incomplete,\ndecides upon its recommendation to the\nevant records and files for civilian cases\nor misleading information in the com-\nPresident listing the factors it considered\nare the applicant's files from the Bu-\nplete Board file or other files. This in-\nin making its recommendation.\nreau of Prisons and information that he\nformation is incorporated in applicant's\nhas sent to the Board. For military cases,\nBoard file.\n§ 101.10 Recommendations to the Pres-\nthey will include the applicant's military\n(d) An applicant's case is ready for\nident.\npersonnel records, military clemency\nfinal consideration by the Board not\n(a) At appropriate intervals, the\nfolder, record of court martial, if any,\nsooner than thirty (30) days after the\nChairman of the Board submits to the\nand information that the applicant has\ninitial case summary is mailed to the\nPresident certain master warrants list-\nsent to the Board. Applicants and their\napplicant. Material which amends or sup-\ning the names of applicants recom-\nrepresentatives have the right to request\nplements the applicant's initial case sum-\nmended for executive clemency and a\nthat the Board consider other pertinent\nmary must be postmarked within this\nlist of the names of applicants consid-\nfiles. The Board will attempt to comply\nthirty (30) day period to ensure that it\nered by the Board but not recommended\nwith these requests.\nis considered. An applicant's request that\nfor clemency. The Chairman will also\n(c) At the offices of the Board, infor-\nthis thirty (30) day period be extended\nsubmit such terms and conditions for\nmation collected by the Board inde-\nis liberally granted by the Action Attor-\nexecutive clemency, if any, that have\npendently of any other agency is readily\nney, if the request is received prior to\nbeen recommended in each case by the\navailable to an applicant or his repre-\nBoard action and is reasonable.\nBoard.\nsentative. All files obtained from other\n(e) Upon receipt of the applicant's re-\n(b) Following action by the President,\nagencies are available to the extent not\nsponse to the initial summary, the Action\nthe Board sends notice of such action\nbarred by the rules of the agency owning\nAttorney notes all such amendments, sup-\nin writing to all applicants whose\nthe file. Files from another agency are\nplements, or corrections on the initial\nnames were submitted to the President.\ncited in a summary when they are used\nsummary submitted by the applicant or\nEach applicant is sent a list of the miti-\nas the basis of statements in that sum-\nhis representative. All such amendments\ngating and aggravating circumstances\nmary. Reason for denial of access to any\nare attached to the initial case summary\ndecided by the Board to be applicable\nof these files is stated in writing upon\nwith notation by the Action Attorney of\nin his case.\nrequest.\nany discrepancies of fact which in his\n(d) Where the initial filing contains\nopinion remain unresolved. The complete\n§ 101.11 Reconsideration.\nadequate information, the Board staff\ncase summary consists of the initial sum-\n(a) An applicant may ask the Board\nmay assign a case number and request\nmary, amendments as described in para-\nfor reconsideration of his case. Petitions\nrecords and files prior to receipt of the\ngraph (c) and this section, and the ma-\nfor reconsideration, including any sup-\ncompleted application form.\nterials submitted by the applicant and\nplementary material, must be post-\n(e) If the Action Attorney determines\nhis representative as described in para-\nmarked within thirty (30) days of Board\nthat the Board does not have jurisidic-\ngraph (b) of this section.\nmailing specified in $ 101.10(b).\nFEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975\n12766\nRULES AND REGULATIONS\n(b) At a regularly scheduled Board\nsubmit only information sufficient for a\n$ 101.16 Postponement of\nmeeting, a majority of the Beard being\ndetermination of jurisdiction and for the\nsideration and of the start of after-\npresent, tt will reconsider the applicant's\nretrieval of necessary official records and\nnative service.\ncase if the applicant's petition shows one\nfiles. The application form requires the\n(a) An applicant may request that\nor more of the following:\napplicant's name, date of birth, selective\nthe Board defer consideration of his case\n(1) New fact, material to the disposi-\nservice number, military branch and\nfor a reasonable period of time. Such de-\ntion of his case, which the Board had\nservice number, if applicable, informa-\nferments are liberally granted provided\nnot previously considered, provided that\ntion concerning the-draft evasion offense\nthat they do not result in an undue dis-\nthe applicant explains to the Board's\nor absence-related military offense, and\nruption of the Board's operations or de-\nsatisfaction why such facts were not sub-\nthe disposition thereof, and the mailing\nlay the final termination of the Board's\nmitted earlier. New facts are, for purposes\naddress and telephone number of either\noperations.\nof this section, considered material only\nthe applicant or his representative.\n(b) An applicant who has been granted\nif they relate to presence or absence of\n(b) The Board takes all steps in its\nexecutive clemency conditioned upon a\nan aggravating circumstance under\npower to protect the privacy of ap-\nperiod of alternative service may ask\n$ 102.3 or of a mitigating circumstance\nplicants and potential applicants to the\nfor the postponement of the beginning\nunder $ 102.4, or to calculation of length\nPresidential clemency program. No per-\nof his period of alternative service for a\nof alternative service under § 102.5.\nsonal information concerning an ap-\nreasonable period of time. The reasons\n(2) Factual error, in the complete case\nplicant or potential applicant is released\nfor which a postponement may be grant-\nsummary or other document considered\nby the Board unless disclosure is neces-\ned include personal hardship and con-\nby the Board that was material to the\nsary for the proper functioning of the\nflicting obligations. The Board makes\nBoard's disposition of his case and detri-\nBoard (e.g., to the Selective Service Sys-\nevery effort, consistent with its own au-\nmental to him; or\ntem so that alternative service may be\nthority and that of the Selective Service\n(3) Procedural error that was material\nperformed) or unless required by law.\nSystem to accommodate postponement\nto the Board disposition of his case and\n(1) Information which reveals com-\nrequests.\ndetrimental to him.\nmission of a serious crime, unrelated to\n2. Part 102 is added to read as follows:\n(c) The Board may at its discretion\nany offense subject to the jurisdiction of\npermit an applicant or his representative\nthe Presidential clemency program is\nPART 102-SUBSTANTIVE STANDARDS\na reasonable period of time to present\nforwarded to the appropriate authorities.\nSec.\nbefore the Board an oral statement. The\n(2) As required by law, the name (but\n102.1 Purpose and scope.\nprovisions of $ 101.9 apply to any request\nonly the name) of a recipient of clem-\n102.2\nBoard recommendations\nfor a personal appearance.\nency is released to the public.\n102.4 Mitigating circumstances.\n(d) After due deliberation, the Board\n(c) All personal information obtained\n102.5 Calculation of length of alternative\nmay:\nby the Board in the course of reviewing\nservice.\n(1) Leave unchanged its original rec-\nan applicant's case, except information\nAUTHORITY: Executive Order 11803, 39 FR\nommendation;\nobtained from other agencies, is sealed\n33297, as amended.\n(2) Where executive clemency was not\nby the Board. This happens when the ap-\n§ 102.1 Purpose and scope.\ngranted, recommended to the President\nplicant has received his pardon from the\nPresident or when the Board's operations\nThis section contains the standards\nthat he grant it in accordance with such\nterms and conditions as may be appro-\nterminate, whichever is earlier.\nwhich the Board employs in deciding\npriate;\n(d) Upon announcement of the Presi-\nwhether or not to recommend that the\n(3) Where executive clemency was\ndent's disposition of a case, the Board\nPresident grant executive clemency,\ngranted, recommend to the President\nmay publish a summary of that case\nwhether or not elemency should be con-\nafter the removal of all information\nditioned upon satisfactory completion of\nthat he diminish the length of alternative\nservice on which the grant of clemency\nlikely to identify the individual.\na period of alternative service, and, if\nso, what the length of this alternative\nhas been conditioned or immediately\n$ 101.14 Representation before the\nservice is.\ngrant a full and unconditional pardon.\nBoard.\n(e) Applicants requesting reconsider-\n§ 102.2 Board recommendations.\n(a) Although an applicant may bring\nation are so notified in writing of the\nhis case before the Board without a rep-\nIn each case the Board decides first\nBoard's decision, together with the\nresentative, each applicant is advised of\nwhether or not it will recommend the\nreasons.\nhis right to representation and encour-\nPresident that the applicant be granted\n§ 101.12 Transmittal to other agencies\naged to seek counsel experienced in mili-\nexecutive clemency. In reaching this de-\nof clemency decisions.\ntary or selective service law. A. repre-\ncision, the Board considers the aggre-\nsentative need not be an attorney,\nvating circumstances in $ 102.3 and the\n(a) The Chairman of the Board may\nalthough legal counsel is recommended\nmitigating circumstances in $ 102.4.\nforward for further action to the Secre-\nto applicants. The Board staff advises\ntaries of the Army, Navy, and Air Force,\n§ 102.3 Aggravating circumstances.\nthe Secretary of Transportation, the Di-\napplicants of those private sources\n(a) Presence of any of the aggravat-\nrector of the Selective Service System,\nwhich are available to provide counsel-\ning circumstances listed below may\nand the Attorney General, as appropri-\ning.\neither disqualify an individual for ex-\nate, only such information about the\n§ 101.15 Requests for information about\necutive clemency or cause the Board\nPresident's decision as is necessary in the\nthe Clemency Program.\nto recommend to the President a period\nBoard's judgment for the agency to per-\nof alternative service exceeding the\nform its functions under the President's\n(a) Upon receipt by the Board of a re-\napplicant's \"baseline period of alterna-\nclemency program or for other necessary\nquest for information from an individual\ntive service,\" as determined under\naction respecting the applicant.\nclearly not within the jurisdiction of the\n$ 102.5.\n(b) A decision by the President to deny\nBoard, the Board's staff attempts to de-\n(b) Aggravating circumstances of\nexecutive clemency to a person who has\ntermine his eligibility for any other part\nwhich the Board takes notice are:\nfully discharged his obligations under the\n(1) Other adult criminal convictions;\nof the Presidential clemency program. If\nlaw for his offense is not transmitted by\n(2) False statement by applicant to\nthe Board to any other agency of the\nrequested, the Board attorney preserves\nthe Presidential Clemency Board;\nUnited States Government or to any\nthe confidentiality of the individual's\n(3) Use of force by applicant collater-\nother person, public or private, except\nlocation.\nally to AWOL, desertion, or missing\nthe applicant or his representative.\n(b) A member of the Board's staff also\nmovement or civilian draft evasion\noffense;\n§ 101.13 Confidentiality of communica-\ninforms any individual of other reme-\n(4) Desertion during combat;\ntions.\ndies available to him, including those\n(5) Evidence that applicant committed\n(a) In order to have his case consid-\nfrom the Departments of Justice and\noffense for obviously manipulative and\nered by the Board, an applicant need\nDefense and through judicial processes.\nselfish reasons;\nFEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975\nRULES AND REGULATIONS\n(6) Prior refusal to fulfill court or-\nnot clemency should be conditioned upon\ndered alternative service;\na specified period of alternative service\n(7) Violation of probation or parole;\nand, if so, what length that period should\n(8) Multiple AWOL/UA offenses; and\nbe:\n(9) AWOL/UA of extended length.\n(1) The starting point for calculation\n(c) Whenever an additional aggravat-\nof length of alternative service will be 24\ning circumstance not listed is considered\nmonths.\nby the Board in the discussion of a par-\n(2) The starting point will be reduced\nticular case, and is material to the dispo-\nby three times the amount of prison time\nsition of that case, the Board postpones\nserved.\nfinal decision of the case and immedi-\n(3) The starting point will be further\nately informs the applicant and his rep-\nreduced by the amount of prior alterna-\nresentative of their opportunity to sub-\ntive service performed, provided that the\nmit evidence material to the additional\nprescribed period of alternative service\ncircumstance.\nhas been satisfactorily completed or is\n§ 102.4 Mitigating circumstances.\nbeing satisfactorily performed.\n(4) The starting point will be further\n(a) Presence of any of the mitigating\nreduced by the amount of time served on\ncircumstances listed below or of any\nprobation or parole, provided that the\nother appropriate mitigating circum-\nprescribed period has been satisfactorily\nstance is considered as cause for rec-\ncompleted or is being satisfactorily per-\nommending that the President grant\nformed.\nexecutive clemency to an applicant, and\n(5) Subject to paragraphs (b) and (c)\nas cause for reducing the applicant's\nof this section, the baseline period of al-\nalternative service below the baseline\nternative service will be the remainder of\nperiod, as determined under § 102.5.\nthese four subtractions or final sentence\n(b) Mitigating circumstances of which\nto imprisonment, whichever is less.\nthe Board takes notice are:\n(b) In no case will the baseline period\n(1) Lack of sufficient education or\nof alternative service be less than three\nability to understand obligations or\n(3) months.\nremedies available under the law;\n(c) For applicants who have received\n(2) Personal and family problems\nan Undesirable Discharge from a military\neither at the time of offense or if appli-\nservice, the baseline period of alternative\ncant were to perform alternative service;\nservice shall be three (3) months.\na\n(3) Mental or physical condition;\n(d) The Board may consider mitigat-\n(4) Employment and other activities\ning circumstances as cause for recom-\nof service to the public;\nmending clemency upon satisfactory\n(5) Service-connected disability,\ncompletion of a period of alternative\nwounds in combat or decorations for\nservice that is less than an applicant's\nvalor in combat;\nbaseline period of alternative service, or\n(6) Period of creditable military\nfor recommending an immediate pardon.\nservice;\n(e) In cases in which aggravating cir-\n(7) Tours of service in the war zone;\ncumstances are present and are not, in\n(8) Substantial evidence of personal\nthe Board's judgment, balanced by miti-\nor procedural unfairness;\ngating circumstances, the Board may\n(9) Denial of conscientious objector\nconsider such aggravating circumstances\nstatus, of other claim for Selective Serv-\nas cause for recommending clemency\nice exemption or deferment, or of a claim\nupon satisfactory completion of a period\nfor hardship discharge, compassionate\nof alternative service exceeding, by three\nreassignment, emergency leave, or other\n(3), six (6), or nine (9) additional\nremedy available under military law,\nmonths, the applicant's baseline period\non procedural, technical, or improper\nof alternative service. In extraordinary\ngrounds, or on grounds which have sub-\ncases, as an alternative to denying clem-\nsequently been held unlawful by the\nency, the Board may increase the base-\njudiciary;\nline period to a maximum of not more\n(10) Evidence that an applicant acted\nthan 24 months.\nfor conscientious, not manipulative or\nselfish reasons;\nPART 201-[REVOKED]\n(11) Voluntary submission to authori-\n3. Part 201 is revoked.\nties by applicant;\nPART 202-[REVOKED]\n(12) Behavior which reflects mental\n4. Part 202 is revoked.\nstress caused by combat;\n(13) Volunteering for combat, or ex-\n[FR Doc.75-7464 Filed 3-20-75;8:45 am\ntension of service while in combat;\n(14) Above average military conduct\nand proficiency; and\n(15) Personal decorations for valor.\n(c) An applicant may bring to the\nBoard's attention any other factor which\nhe believes should be considered.\n§ 102.5 Calculation of length of alterna-\ntive service.\n(a) Having reached a decision to rec-\nommend that the President grant execu-\ntive clemency to a particular applicant,\nthe Board will then decide whether or\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nMay 15, 1975\nMEMORANDUM FOR ALL STAFF PCB\nFROM\nDARLENE BANKS, KEY OPERATOR\nSUBJECT\nXEORXING\nThe purpose of this memo is to set forth the guidelines on the the use of\nthe xerox machines located in Room 605-A.\nThere are two machines located on the six floor in the above room. I\n(Darlene Banks) will be the \"key operator\" for both machines. The first machines\nwill be for everyone in the PCB Program and the second is for large projects\nonly (100 or more copies) which I will do myself.\nThe hours the xerox machine's being used is 9:00 a.m. to 5:30 p.m., and\nno one is to use the machine before 9:00 a.m.\nAnyone working late and think that they will be needing me to do some xeroxing\nor need the machine please notify me before 5:30 p.m.\nEveryone's cooperation in this matter will be greatly appreicated.\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nMay 20, 1975\nLIBRARY\nMEMORANDUM FOR:\nALL HANDS\nB.\nm.m.\nFROM:\nLAWRENCE M. BASKIR\nSUBJECT:\nReorganization of PCB Staff Channels\nAs most everyone knows, the PCB was examined closely last week by\na team of experts selected from throughout the Executive Branch. The\nteam was chosen by the Deputy Director of OMB at the direct request\nof the President.\nI'm sure you've all felt some of the fall-out from this review. It will\nno doubt result in some amount of discomfort as we change our\noperation to respond to their suggestions. I hope the unsettling time\nwill be short, and the result will be better work, done in a more\norganized fashion, and at a consistently high quality in line with our\nobligations to the President and to the individuals whose lives we are\naffecting.\nAs always, I rely on the staff not only to respond conscientiously to\nrequirements, but also to assist me and the Chairman and the rest of\nthe Board with ideas, criticisms, and suggestions. I hope that we\nwill not sacrifice the collegial, informal and personal qualities that\nhave been such a large element in our successes thus far. It is\nimportant not only that we finish by September 15, but that we can take\npride in the quality of our accomplishment. The staff has performed\nabove all reasonable demands the past few weeks and I thank you all\nfor this. If the performance and enthusiasm is maintained for the\nnext 4 months, I am confident about the results.\nOne important requirement is that we clarify organizational\nresponsibilities throughout the staff. I have asked Bob Knisely, the\nDeputy General Counsel, to take responsibility for all aspects of the\nlegal production and presentation of cases. Action Attorneys will\nreport through their assistant team leaders and team leaders to\nJohn Foote and Ray Mitchell, who in turn will be responsible to Bob.\nSimilarly, Gretchen Handwerger, the PCB Chief Administrative\nOfficer, will direct the administrative side of the operations, with\nbudget, personnel, building services, files, record-keeping and the\nlike under her responsibility.\n- 2 -\nBoth Bob and Gretchen will report to me, and I will ask all others\nto clear matters with them SO that they can be brought to my attention\nin an organized and coherent fashion.\nI hope this will clarify some questions. If there are others, I hope\neach of you will see that they come to the attention of the proper\nperson.\nThank you!\n5/21/75\nTO: Paul O'Neill\nFROM: Charles Goodell\nThe appendix referred to in the\nmemo will be forwarded under\nseparate cover this afternoon.\n-2-\nSecond, although we obviously are making every effort to\nadopt the suggestions of the team, I am concerned that theimprojections\nmay not be valid. The Survey team's calculations are based on\nassumptions which are untested by experience, and which may prove\nover-optimistic. My judgment that we need the additional complement\nof 100 interns is based on our experience to date with atterney pro-\nduction. This includes uncertainties in the assumption of the staff's\nproduction in June under very different circumstances from the past,\nthe difficult personal circumstances under which our attorneys are\nworking, and the very real worry many of them have about the harmful\neffects of this detail on their career opportunities in their home agency.\nIn view of the fact that meeting the President's goal is the\nmost important element in our calculations, the 100 additional\ninterns should not be a major matter in dispute. The additional\ninterns will provide the margin of insurance for the PCB. Should\nthe Survey team's calculations prove to be incorrect, our options\nin mid-June will be seriously limited. On the other hand, if additional\ninterns prove to be unnecessary, they will enable the Board to return\nless productive, full-time attorneys at about the GS 12 level to their\nagencies.\nI want to express to you in the strongest terms my conviction\nthat we cannot afford to cut things so close and unnecessarily risk\nadditional problems.\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nJune 6, 1975\nMEMORANDUM\nTO\n:\nDistribution List E\nFROM\n:\nRobert A. Knisely\nDeputy General Counsel\nSUBJECT: Workload\nThere is an ugly rumor floating around that we are almost out\nof cases and therefore almost out of work. As of May 30, 1975,\nthere were about 9,400 records which had not been assigned.\nIt is even more significant that President Ford had only been\nsent a total of 373 cases. (see attached pipeline chart)\nWhile the 9,400 figure may be a few thousand too high, it is\nquite obvious that until we have sent more than 2% of our\ncaseload to the White House, we are hardly over the hump.\nIn the event that we do get ahead of schedule, detailees will\ngo back to their agencies long before the first summer intern\nhits the street. It only makes sense: interns are less\nexpensive. No one will be released from the Board's staff unless\nand until there has been a lot of discussion and everyone's free choice\nhas been exercised to the point of exhaustion.\nPlease worry for a few more weeks about the unhappy consequences\nof our not finishing by mid September, before getting uptight\nabout the unhappy consequences of finishing long before mid-\nSeptember.\nA more detailed explanation of where we stand will follow soon.\nAttachment\nFORD VIBRARY\nCASES IN PCB PIPELINE AS OF 30 MAY 1975\n(Est. 3280)\n(2037)\n(1290)\n(1650)\n(1100 est.)\nProjected\nApplications\nInitial File\nDD or BCD\nRecords Received\n1\nApplicants\nLogged, File\nRequest Out\nFile Request\nFiles Not Completed\n2\nNot Requested\nOut\n(29)\n(593)\n(78)\n(1542)\n2\nFiles Available\nFiles Enroute/\nFiles Rcd. by\nCases Assigned,\nFor Distribution\nDistributed to\nAA Teams, Not Yet\nNo Significant\n3\nAA Teams\nAssigned to AA's\nAction\n(388)\n(724)\nMiscellaneous\nJurisdictional\nCases in AA\nQuestion or\nPipeline\nCorrespondance\n(327)\n(650)\n(699)\n(639)\n(1172)\n3\nDraft Case Partially\nDraft Hand-\nDraft\nWritten, or in Pro-\nWritten\nTyped\nCases TO/IN\nCases Awaiting\n4\ncess of Rewrite\nQuality Control\nFinal Typing\n(194)\n(700)\n(1206)\n(247)\n4\nCases Typed in Final\nDocketed\nDecided By\nCases Awaiting\nand Xeroxed\nBoard Panel\nXeroxing\n(83)\n(228)\n(145)\nCases to be\nCases Sent to\nSIGNED\nHeard By\nPresident,\nBY\nBoard\nAwaiting Signature\nPRESIDENT\nGoodell\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nJune 9, 1975\nMEMORANDUM FOR:\nDISTRIBUTION LIST B\nFROM:\nBOB HORN RH\nSUBJECT:\nAUDIT TRAIL OF PCB ACTIVITIES\nUntil fairly recently, my office was able to obtain copies of all\ninternal information and memoranda which related to Presidential\nClemency Board activities. This was being done so that WE would\nhave a regular and systematic record of Board activities. After\nwe moved to the \"M\" Street location, we stopped getting copies of\nmany of these documents. I would appreciate your sending me copies\nof all your important memos. Even if there is some question as to\nthe significance of a given piece of paper, please sent it along\nand let me decide whether or not to include it in our files.\nFORD LIBRARY is\nGOODELL\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nJune 12, 1975\nMEMORANDUM TO:\nDistribution List B\nFROM\n:\nGretchen Handwerger\nSUBJECT\n:\nTime and Attendance and Overtime\nSince we have grown to over 600 employees, our previous way of keeping time\nand attendance no longer works. Starting with the week of June -- 11 each\nexecutive secretary must keep the time and attendance on all employees of\nthe group in the manner described below.\nAlthough most professionals who are permanent employees of their home agencies\nshould still call in their own time, the PCB personnel office needs to have\ntheir time recorded in case their agency needs some back-up documentation.\nWhen recording leave or overtime if it is part of a day you must show from\nwhat-to-what time (see example 1 attached). The Request for Authorization\nof overtime work sheet has to be typed, signed and only one name to a\nsheet as these go to the employee's agency. (See example 2)\nThe Time and Attendance and Overtime sheets must be verified and signed\nby the supervisor and turned in to Jill Marshall, Room 501-F by 12 noon\nevery Thursday. You will have to project the overtime hours for the week-\nend on the sheets also. If there are any adjustments, just record them\non the following week's sheets.\nThese forms are available in the 2nd floor supply room, M Street building,\nor you may make your own copies.\nAttachments\nGCRALD TORD FRABELY\nTEAM LEADERS NAME\nJOHN DOE\nDATE\n6/5/75\nATTENDENCE SHEET\nNAME\nMONDAY\nTUESDAY\nWEDNESDAY\nTHURSDAY\nFRIDAY\nSATURDAY\n4\n5\n4 A/L\n8\n8\n3 S/L\n8\nJimmy Jones\n12:30-4:30\n9:00-12:00\n8\n8\n8 O.T.\n8\n8\n2 OT\n2 OT 7-8\n8\n8:00-4:30\nSharon Jackson\n4:30-6:30\n4:30-5:30\n4 AWOL\n8 AWOL\n1:30-5:30\n9-5:30\n8\n8 AWOL\nJoe Blow\n8\n4\n9-5:30\nEXAMPLE 1.\nEXAMPLE 2\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nREQUEST FOR & AUTHORIZATION\nOF OVERTIME WORK\nSOCIAL\nAuthorized overtime\nEMPLOYEE'S NAME\nSECURITY\nest. no.\nDates\nNUMBER\nof hrs,\nSharon Jackson\n2\n6/3/75\n2.\n6/5/75\n8\n6/7/75\nAPPROVED BY\nTITLE\nDATE\nJOHN DOE\nTEAM LEADER\n6/5/75\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nREQUEST FOR & AUTHORIZATION\nOF OVERTIME WORK\nSOCIAL\nAuthorized overtime\nEMPLOYEE'S NAME\nSECURITY\nest. no.\nDates\nNUMBER\nof hrs,\nAPPROVED BY\nTITLE\nDATE\nTEAM LEADERS NAME\nDATE\nATTENDENCE SHEET\nNAME\nMONDAY\nTUESDAY\nWEDNESDAY\nTHURSDAY\nFRIDAY\nSATURDAY\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\n/\nSELVES\nWASHINGTON, D.C. 20503\nJUN 1 3 1975\nMr. Charles E. Goodell\nChairman\nPresidential Clemency Board\n2033 M Street, N. W.\nWashington, D. C. 20036\nDear Mr. Goodell:\nWe appreciate the heavy workload of the Board and its\nstaff, particularly since the recent acceleration and\nexpansion of activities. However, those activities\nhave also created a need for the Board to take three\nactions, which have been discussed with your staff,\nto assure continued compliance with the Federal\nAdvisory Committee Act. Those actions are:\n1. Request a determination by the Director of\nOMB that the next set of meetings scheduled\nby the Board shall not be open to the public.\nSuch a determination has been made for the\nmeetings scheduled through June 28, 1975.\nIf meetings are scheduled beginning June 30,\n1975, and running through July, the determi-\nnation should be requested at once, to assure\nthat it can be processed, and the 15 day prior\nnotice of the meetings can be published in the\nFederal Register as required by the Act and OMB\nCircular No. A-63.\n2. OMB is now reviewing a proposed determination\nnaming a number of the Board's staff as alter-\nnate \"designated Federal employees,\" to serve\non the subgroups of the Board. Implicit in\nsuch a determination is that those employees\nof the Board understand their authority and\nresponsibilities under the Federal Advisory\nCommittee Act, and act accordingly. We need\nyour assurance that steps are being, or have\nbeen, taken to inform them of this authority\nand responsibility.\n2\n3. The charter of the Presidential Clemency\nBoard should be revised to reflect the\npresent structure, changed termination\ndate, etc.\nTo assure compliance with the Act it is important that\nwe hear from you as soon as possible.\nSincerely,\n20 O4-\nFernando Oaxaca\nAssociate Director for\nManagement and Operations\nGoodell\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nJune 25, 1975\nMEMORANDUM TO\n: ALL BOARD MEMBERS\nFROM\n: ROBERT J. HORN\nEXECUTIVE SECRETARY\nSHR\nSUBJECT\n: End of Fiscal Year\nThis is a follow-up to our discussion at the Board Meeting today. I\nexpect that by now new Board Members have received the tax forms that\nI mentioned.\nI would appreciate their filling them out and returning them to the person\nsitting at the desk in the Board Room, no later than 2 p.m. today.\nSecondly, I would like to remind all the Board Members who haven't done so\nalready, to submit their salary, per diem, and travel vouchers for last\nweek, also by 2 o'clock today, and to submit the same information for this\nweek, projecting through Monday of next week, no later than 12 noon tomorrow,\nJune 26.\nI realize that this will be an imposition on some of you; however, I would\nappreciate your giving me this information as quickly as possible, because\nwe are trying to close out the fiscal year. Thank you for your understanding.\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nJune 25, 1975\nMEMORANDUM TO\n: ALL BOARD MEMBERS\nFROM\n: ROBERT J. HORN\nEXECUTIVE SECRETARY\nSHR\nSUBJECT\n: End of Fiscal Year\nThis is a follow-up to our discussion at the Board Meeting today. I\nexpect that by now new Board Members have received the tax forms that\nI mentioned.\nI would appreciate their filling them out and returning them to the person\nsitting at the desk in the Board Room, no later than 2 p.m. today.\nSecondly, I would like to remind all the Board Members who haven't done so\nalready, to submit their salary, per diem, and travel vouchers for last\nweek, also by 2 o'clock today, and to submit the same information for this\nweek, projecting through Monday of next week, no later than 12 noon tomorrow,\nJune 26.\nI realize that this will be an imposition on some of you; however, I would\nappreciate your giving me this information as quickly as possible, because\nwe are trying to close out the fiscal year. Thank you for your understanding.\nGOODELL\nJuly 16, 1975\nMEMORANDUM\nTO: Distribution List\nB\nRJH\nFROM: Robert J. Horn, Executive Secretary\nSUBJECT: Incurring Financial Obligations on Behalf of\nthe PCB.\nI am writing this memorandum at OMB's suggestion.\nAs many of you are aware, during the last fiscal year\nthe money allocated to the PCB was inadequate to meet\nits operating needs. Extraordinary action was taken by\nOMB in order to avoid a deficiency situation as of June 30,\n1975. I therefore request that no one incur financial\nobligations on behalf of the PCB without my explicit\nwritten authorization.\nTo date we have received authorization for very\nlimited funds for FY 1976, and it therefore behooves\neach of us to keep very strict controls on our expenses.\nYour full cooperation is essential to the operation of\nPCB. With this cooperation we can expect to overcome\nany inconveniences that might result from the limited\nfinances available to the Board.\nThank you.\nEvelyn-\nGERALD FORD\n7/16\nthen any letter come through\nfor CEG's signature which are\nletters of recommendation, commendation,\netc. would you be per they\nhave Chalie Photto initials on they\nto indicate that there's been Pome\ncoordination with personal. (Le'r trying\nto be lune that everyone \"gets a teller\nof tome port 1 generally done on\nthe typewriter machine and Buging\nfrom lutteware to hothy enthustate\n- but we also want te be sure\nthat people don't set two from\nthe CEG other - one by handled God knows by who. Phott and\nGMb\n*\nor admust everyone if it's better to leave everything\nunwaid we'll consider doing that\nTHE WHITE HOUSE\nWASHINGTON\nEvelyn:\nThis was opened by Rick yesterday\nand I believe he informed Senator\nGoodell.\nm\nMarilyn M.\n7/18\nPer Rick's request, I have made\na copy of the enclosed and sent\nit to Bob Knisely.\nof The\nPRESIDENT\nEXECUTIVE OFFICE OF THE PRESIDENT\nUNITED\nOFFICE OF MANAGEMENT AND BUDGET\nSECUTIVE\nSTATE\nWASHINGTON, D.C. 20503\nJUL 17 1975\nMEMORANDUM FOR CHARLES GOODELL\nSubject: Phase-out of the Presidential Clemency Board\nI am in receipt of a copy of a memorandum from Robert Knisely,\nDeputy General Counsel, concerning PCB carryover work plan.\nThe plan, as currently presented, indicates that the PCB will\nhave problems meeting the September 15 deadline.\nI would appreciate receiving a substantially modified version\nof the above which would include the following information:\nClear listing of all tasks that remain to be done\nas of this date.\nDetailed work plan describing how these tasks will\nbe accomplished by September 15, 1975.\nStrategy for the delegation of tasks that will re-\nmain beyond September 15, 1975, to other Federal\nagencies, e.g., DOD, DOJ, GSA, and Selective\nService.\nStrategy for completion of administrative tasks\nsuch as budgetary matters, return of furniture,\netc. GSA can provide assistance.\nIn addition to the above, it would be useful for you to pro-\nvide me with information concerning a plan for possible dele-\ngation of the Alternative Service issue to the pardoning\nattorney. This could be worked out by PCB and Selective\nService staff. I would also appreciate knowing specifically\nhow you intend to handle the \"hard cases. \" I understand that\nthere are between 2,000 to 3,000 of these. What is your\ncurrent planning figure concerning these cases, and how many\ndo you think will exist on September 15? It appears to me\nthat some reasonable deadline should be set for the resolution\nof these cases.\nI would appreciate your cooperation in seeing that I am pro-\nvided this information by July 24) 1975.\nPanew Ohism Paul H. Neill\nDeputy Director\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nAugust 6, 1975\nMEMORANDUM FOR:\nALL STAFF MEMBERS\nRAVE for\nFROM:\nLAWRENCE M. BASKIR\nSUBJECT:\nCONFIDENTIALITY POLICY\nThe PCB has promised those who contact us that their communication and\nidentification will remain entirely confidential and that the information\nwhich they give to us will be used ONLY by the PCB and ONLY for Clemency\npurposes.\nIf officials, such as the police or the FBI, ask you for any identifying\ninformation about a person who has contacted us, explain that the request\nmust be made in writing to Lawrence M. Baskir as General Counsel of the\nPCB. You should then write a memo to alert me that such a request for\nidentification is forthcoming. No addresses or other information shall\nbe released without written approval from the General Counsel.\nIn your efforts to contact applicants for information with which to\nwrite a case summary, you must use extreme caution when dealing with\nany person outside the PCB.\nThis policy is in keeping with the assurances which were made to the public\nregarding any and all applications to the clemency program.\nACTION\nROUTING AND TRANSMITTAL SLIP\n1 TO (Name, office symbol or location)\nINITIALS\nCIRCULATE\nSen. Goodell\nDATE\nCOORDINATION\n2\nINITIALS\nFILE\nDATE\nINFORMATION\n3\nINITIALS\nNOTE AND\nRETURN\nDATE\nPER CON -\nVERSATION\n4\nINITIALS\nSEE ME\nDATE\nSIGNATURE\nREMARKS\nDo NOT use this form as a RECORD of approvals, concurrences,\ndisapprovals, clearances, and similar actions.\nFROM Gritchen (Name, office symbol or location)\nDATE 9/3/75\nPHONE\nGPO: 1972 0 - 254-690/ 479-987\nOPTIONAL FORM 41\n5041-101\nAUGUST 1967\nGSA FPMR (41CFR) 100-11.206\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nSeptember 2, 1975\nTO:\nGeneral Walt\nFROM:\nGretchen M. Hand amb erger\nFORD LIBRART\nSUBJECT: The Opening of Mail\nAfter talking with you this afternoon, I tried\nto find out why mail addressed to you (and others)\nhas been opened before routing during the past few\ndays rather than sent to you directly and unopened\nas it has been previously.\nCharles Graham, who was Acting Administrator in\nmy absence, tells me that Steve Sturgill, the PCB\n\"mailman\" was sick on Thursday and Friday (August 28\nand 29) and that in his absence the mail was opened\nand sorted by a variety of helpers, all pulled from\nother jobs on a short-term basis in an effort not to\nlet the incoming mail pile up. It is my understanding\nthat this mail was handled in assembly line fashion,\nwith the first person in the line slitting open all\nenvelopes, the second person pulling out the letters\nand stapling the envelopes to them, the third person\ndate stamping the letters, the fourth person sorting\nthem into action piles, etc. The second person in this\nassembly line (the person pulling out the letters and\nstapling the envelopes to them) was also first checking\nthe envelopes for mail that should be pulled out\nfor direct routing (e.g. mail addressed to Board Members,\netc.) and when she discovered mail which had been opened\nwhich shouldn't have been, she resealed the letters by\nstapling the envelopes and putting them in the mail\nrouting bin. It seems clear to me that this initial sorting\nshould have been done before the envelopes were slit but\nI can fully understand the circumstances in which substi-\ntute help, improvising their own system, proceeded\ninappropriately.\nThe instructions normally followed in opening the\nmail are as follows:\n1. Mail addressed to Senator Goodell or Larry\nBaskir (unless marked \"personal\") is opened in the mailroom.\n2. Mail addressed to case attorneys (unless marked\n\"personal\") is sent to a small group of attorneys on Chuck\nHilbert's team which handles it in conjunction with the\ncase attorney to whom it's addressed if he's still at the\nPCB.\n3. ALL OTHER MAIL is routed directly, without\nopening, to the person to whom it is addressed. If the\naddressee wishes to have it handled routinely he returns it\nto me or Carolyn Swanson, head of the correspondence unit.\nThese procedures have been in effect for as long as\nI have been at the Clemency Board. If Ron Hoile led you to\nbelieve that other directives are in effect concerning the\nopening and handling of mail, he was in error. I am sure\nthat mistakes have been made but I am equally sure that, on\nthe whole, the system has worked pretty well. As you said,\nthis is the first time you have received mail that had been\nopened.\nI am most concerned about Col. Dickman's check and have\nasked Charlie Graham to follow up on this. I have also\nqueried the people who were handling mail in Steve's absence.\nThey say they saw no such check - but then they probably\nwouldn't have since they were not removing the contents from\ntheir envelopes. We are also checking to be sure that the\ncheck did not fall out of the envelope and is now lying around\nsomewhere in the mail sort area.\nI am extremely sorry that your mail - and that of other\nBoard members, Col. Dickman, Col. Bensen, and indeed probably\neveryone else at the PCB who received mail on last Thursday\nand Friday - was opened, but I can assure you that it was done\ninadvertently rather than intentionally.\nCC: Senator Goodell\nRon Hoile\nCol. Dickman\nMajor Buck\nCol. Benson\nCharles Graham\nSteve Sturgill"
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