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Final Report - Goodell Statement
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Final Report - Goodell Statement
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Charles E. Goodell Papers
Presidential Clemency Board Subject Files
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President (1974-1977 : Ford). Presidential Clemency Board. 9/16/1974-9/15/1975
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The original documents are located in Box 6, folder "Final Report - Goodell Statement" of
the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Charles Goodell donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 6 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library
STATEMENT OF CHARLES E. GOODELL, FORMERLY CHAIRMAN OF THE
PRESIDENTIAL CLEMENCY BOARD
JANUARY 15, 1976
GERALD R. FORD LIBHERA
FOR IMMEDIATE RELEASE
For further information call 202/ 659-3650
The White House has recently released the final report
of the Presidential Clemency Board. This report should contri-
bute to an improved public understanding of the Clemency Board's
part -- the largest part -- of the President's program.
I consider the Clemency Program to have been very
successful for those who participated. However, it has been
only a partial success overall, having received applications
from less than 20% of those who could have applied.
The character of the applicants to the Clemency Board
has been consistently misunderstood by the press and the public.
Most people think that the Clemency Program was primarily for
war resisters in Canada. However, only 2% of our applicants
were ever Canadian exiles. By contrast, 27% were Vietnam
veterans, many of whom volunteered for combat. Of this group,
103 individuals are veterans who served heroically in Vietnam.
We have recommended to the President that he direct that they be given
immediate upgraded discharges under honorable conditions, with full
entitlement to veterans' benefits.
Why do I say the Clemency Program is a success for
those who participated?
1.
The President has acted upon 13,133
recommendations for clemency from the Clemency Board. Of
these, 42% received immediate pardons. Almost all of the
rest will receive pardons after three to six months of
alternative service.
2.
So far, alternative service performance of
Clemency Board applicants has been very good. Although most
of those assigned to alternative service just received their
clemency notices within the last six weeks, 2626 have already
enrolled with Selective Service. They can complete their
assignments by doing part-time, volunteer work -- so they can
earn their pardons while continuing to support their families.
This also means that they will not be taking jobs away from
others. Only 3% have been terminated to date.
3.
The evidence strongly suggests that the Presiden-
tial pardon and Clemency Discharge are of real value to those
who participated in the program. An August Gallup Poll indicated
that 85% of the general public would look upon clemency recipients
on at least an equal basis. Likewise, a recent survey of
employers has shown that a Clemency Discharge will be of real
help to someone looking for a job.
4.
Along with the 103 combat heroes for whom upgrade
recommendations were made directly to the President, an addi-
tional 150 were referred to the appropriate military discharge
review boards for special consideration for upgrades and full
veterans' benefits. Another 400 cases involved individuals who
were wounded and permanently disabled in Vietnam, for whom
the Board has recommended medical benefits only. The following
case is an example of a Vietnam veteran who should receive
veterans' benefits.
While a medic in Vietnam, this military
applicant (an American Indian) received
the Bronze Star for heroism because of
his actions during a night sweep operation.
When his platoon came under intense enemy
fire, he moved through a minefield under a
hail of fire to aid his wounded comrades.
While in Vietnam, he was made Squad Leader
FORD & LIBRARY SERALD
of nine men, seven of whom (including himself)
were wounded in action. After returning to
the United States, he experienced post-combat
psychiatric problems. He went AWOL several
times to seek psychiatric treatment. He
received a bad discharge for his absences.
(Other examples of meritorious cases are
attached to this statement.)
It is unfortunate that only 16% of those eligible for
the Clemency Board program were able to take advantage of it.
The evidence strongly indicates that most of those who failed
to apply did so because they never realized they were eligible
to apply.
Why do I say this?
1.
Almost all -- 95% -- of our applications arrived
after the start of our public information campaign which began
in early January, four months into the program. Ten thousand
applications were received during the last month alone, and
virtually all applied within hours or days after learning about
their eligibility.
2.
As shown in the attached chart, the application
rate increased consistently up to the March 31 application
deadline.
3.
A recent Gallup Poll has shown that only 15%
FORD & GERALD LIBRARY
of the public ever realized that convicted draft offenders or
discharged servicemen were included in the Clemency Program.
Not surprisingly, that is virtually identical to the percentage
(16%) who actually applied.
I think it is unfortunate that the program ended with
SO many not knowing that they could apply. President Ford ended
the application period on March 31 because legal restrictions
required that the Board review all cases by September 15, 1975.
As I have consistently indicated, the Clemency Board unanimously
recommended that the application period be longer.
Therefore, I urge the Congress to enact a conditional
clemency program similar to the one which is now over.
FORD i LIBRARY GERALD
Figure 1.
21,500*
CUMULATIVE APPLICATIONS TO THE
20,000
PRESIDENT'S CLEMENCY PROGRAM
17,500
PCB
15,000
12,500
10,000
7,500
DOD
5,555
5,000
2,500
DOJ
706
0
9/15 10/1/74 11/1/74 12/1/74 1/1/75 2/1/75 3/1/75 4/1/75
*Approximately 6,000 were later found ineligible
/
21
CASE EXAMPLES
GERALO FORD LIBRARY
(See page XX
During applicant's combat tour in Vietnam,
of the Report)
his platoon leader, with whom he shared a
brotherly relationship, was killed while
awakening applicant to start his guard duty.
The platoon leader was mistaken for a Viet
Cong and shot by one of his own men. This
event was extremely traumatic to applicant
who subsequently experienced nightmares. In
an attempt to cope with this experience,
applicant turned to the use of heroin.
After becoming an addict, he went AWOL. During
his AWOL, he overcame his drug addiction only
to become an alcoholic. After obtaining help
and curing his alcoholism, he turned himself
in.
(See page XX
This applicant did not go AWOL until after
of the Report)
returning from two tours of duty in Vietnam,
when his beliefs concerning the war changed.
He came to believe that the United States
was wrong in getting involved in the war and
that he "was wrong in killing people in Vietnam."
He had over three years' creditable service with
14 excellent conduct and efficiency ratings.
He re-enlisted to serve his second tour within
three months of ending his first. He served
as an infantryman in Vietnam, was wounded,
and received the Bronze Star for Valor.
(See page 64
While in Vietnam, applicant saw much combat
of the Report)
action and received numerous decorations.
He was an infantryman and armor crewman who
served as a squad and team leader. He partici-
pated in six combat campaigns, completed two
tours in Vietnam, and received the Bronze
Star for Heroism. In one battle, he was
wounded -- and all of his fellow soldiers
were killed. His highest rank was staff
sargeant. Upon his return from Vietnam, he
went AWOL because of harassment from fellow
servicemen that he was only a "rice paddy NCO"
who would not have earned his rank if not
for the war.
FORD & LIBRARY 078335
(See page 64
Applicant received a Bronze Star and Purple
of the Report)
Heart in Vietnam. He wrote the following in
his application for clemency: "While in
Vietnam, I didn't notice much mental strain,
but it was an entirely different story when
I returned. I got depressed very easily,
was very moody, and felt as if no one really
cared that I served their country for them. And
this was very hard to cope with, mainly
because while I was in Vietnam I gave it 100%.
I saw enough action for this life and possibly
two or three more. I hope that someone under-
stands what I was going through when I returned."
CLEMENCY BOARD FACT SHEET
21,500 applications received by March 31
FORD 1
6,000 found to be ineligible
15,500 eligible applications
1,000 cases with insufficient information, now the responsibility
of the Clemency Office in the Department of Justice
14,500 cases acted upon by the Clemency Board
13,133 case recommendations approved by the President
110 case recommendations forwarded to the President
400 cases appealed and not yet forwarded
1,845 other cases not yet forwarded
15,468 total cases
Case Recommendations
Civilian Cases
Military Cases
Outright pardon
82%
36%
Alternative service:
3 months
8%
20%
4-6 months
5%
23%
7+ months
4%
14%
No clemency
1%
7%
Overview of the Clemency Board's
Report to the President
This report should be useful to readers interested
in evaluating the clemency program or engaged in research in a
number of related issues.
The Executive Summary is a 15-page overview of the
contents of the report.
Chapter 1 is a brief introduction, identifying the
principles underlying the Elemency Program.
Chapter 2 describes the overall Clemency Program, with
special emphasis on the Clemency Board's part of the program.
Chapter 3 describes the nature of the applicants to
the Board, and gives a unique perspective on their experiences
with the draft and military justice.
Chapter 4 describes the Board's case-by-case process,
telling how we sought to maintain consistency and fairness in
making case recommendations.
Chapter 5 gives statistics on the Clemency Board
program and analyzes the Board's case recommendations.
Chapter 6 shows how the Board managed to process
15,000 cases in a few short months, and completed our work
within the deadline set by the President.
Chapter 7 puts the President's program in historical
perspective through a comparative analysis of other acts of
Executive Clemency in American history.
Chapter 8 gives the Board's assessment of what we
think the Clemency program accomplished.
STATEMENT OF CHARLES E. GOODELL, FORMERLY CHAIRMAN OF THE
PRESIDENTIAL CLEMENCY BOARD
JANUARY 15, 1976
FOR IMMEDIATE RELEASE
FORD is LIBRARY GERALD
For further information call 202/ 659-3650
The White House has recently released the final report
of the Presidential Clemency Board. This report should contri-
bute to an improved public understanding of the Clemency Board's
part -- the largest part -- of the President's program.
I consider the Clemency Program to have been very
successful for those who participated. However, it has been
only a partial success overall, having received applications
from less than 20% of those who could have applied.
The character of the applicants to the Clemency Board
rensistently sunderstood by the press and the public
Most people think that the Clemency Program was primarily for
war resisters in Canada. However, only 2% of our applicants
were ever Canadian exiles. By contrast, 27% were Vietnam
veterans, many of whom volunteered for combat. Of this group,
103 individuals are veterans who served heroically in Vietnam.
We have recommended to the President that he direct that they be given
immediate upgraded discharges under honorable conditions, with full
entitlement to veterans' benefits.
Why do I say the Clemency Program is a success for
those who participated?
1.
The President has acted upon 13,133
recommendations for clemency from the Clemency Board. Of
these, 42% received immediate pardons. Almost all of the
rest will receive pardons after three to six months of
alternative service.
2.
So far, alternative service performance of
Clemency Board applicants has been very good. Although most
of those assigned to alternative service just received their
clemency notices within the last six weeks, 2626 have already
enrolled with Selective Service. They can complete their
assignments by doing part-time, volunteer work -- so they can
earn their pardons while continuing to support their families.
This also means that they will not be taking jobs away from
others. Only 3% have been terminated to date.
3.
The evidence strongly suggests that the Presiden-
tial pardon and Clemency Discharge are of real value to those
who participated in the program. An August Gallup Poll indicated
that 85% of the general public would look upon clemency recipients
on at least an equal basis. Likewise, a recent survey of
employers has shown that a Clemency Discharge will be of real
help to someone looking for a job.
4.
Along with the 103 combat heroes for whom upgrade
recommendations were made directly to the President, an addi-
tional 150 were referred to the appropriate military discharge
review boards for special consideration for upgrades and full
veterans' benefits. Another 400 cases involved individuals who
were wounded and permanently disabled in Vietnam, for whom
the Board has recommended medical benefits only. The following
case is an example of a Vietnam veteran who should receive
veterans' benefits.
While a medic in Vietnam, this military
applicant (an American Indian) received
the Bronze Star for heroism because of
his actions during a night sweep operation.
When his platoon came under intense enemy
fire, he moved through a minefield under a
hail of fire to aid his wounded comrades.
While in Vietnam, he was made Squad Leader
of nine men, seven of whom (including himself)
were wounded in action. After returning to
the United States, he experienced post-combat
psychiatric problems. He went AWOL several
times to seek psychiatric treatment. He
received a bad discharge for his absences.
(Other examples of meritorious cases are
attached to this statement.)
It is unfortunate that only 16% of those eligible for
the Clemency Board program were able to take advantage of it.
The evidence strongly indicates that most of those who failed
to apply did so because they never realized they were eligible
to apply.
Why do I say this?
1.
Almost all -- 95% -- of our applications arrived
after the start of our public information campaign which began
in early January, four months into the program. Ten thousand
applications were received during the last month alone, and
virtually all applied within hours or days after learning about
their eligibility.
2.
As shown in the attached chart, the application
rate increased consistently up to the March 31 application
deadline.
3.
A recent Gallup Poll has shown that only 15%
of the public ever realized that convicted draft offenders or
discharged servicemen were included in the Clemency Program.
Not surprisingly, that is virtually identical to the percentage
(16%) who actually applied.
I think it is unfortunate that the program ended with
so many not knowing that they could apply. President Ford ended
the application period on March 31 because legal restrictions
required that the Board review all cases by September 15, 1975.
As I have consistently indicated, the Clemency Board unanimously
recommended that the application period be longer.
Therefore, I urge the Congress to enact a conditional
clemency program similar to the one which is now over.
Figure 1.
21,500*
CUMULATIVE APPLICATIONS TO THE
20,000
PRESIDENT'S CLEMENCY PROGRAM
17,500
PCB
15,000
12,500
10,000
7,500
DOD
5,555
5,000
2,500
DOJ
706
0
9/15 10/1/74 11/1/74 12/1/74 1/1/75 2/1/75 3/1/75 4/1/75
*Approximately 6,000 were later found ineligible
/
21
CASE EXAMPLES
(See page XX
During applicant's combat tour in Vietnam,
of the Report)
his platoon leader, with whom he shared a
brotherly relationship, was killed while
awakening applicant to start his guard duty.
The platoon leader was mistaken for a Viet
Cong and shot by one of his own men. This
event was extremely traumatic to applicant
who subsequently experienced nightmares. In
an attempt to cope with this experience,
applicant turned to the use of heroin.
After becoming an addict, he went AWOL. During
his AWOL, he overcame his drug addiction only
to become an alcoholic. After obtaining help
and curing his alcoholism, he turned himself
in.
(See page XX
This applicant did not go AWOL until after
of the Report)
returning from two tours of duty in Vietnam,
when his beliefs concerning the war changed.
He came to believe that the United States
was wrong in getting involved in the war and
that he "was wrong in killing people in Vietnam." "
He had over three years' creditable service with
14 excellent conduct and efficiency ratings.
He re-enlisted to serve his second tour within
three months of ending his first. He served
as an infantryman in Vietnam, was wounded,
and received the Bronze Star for Valor.
(See page 64
While in Vietnam, applicant saw much combat
of the Report)
action and received numerous decorations.
He was an infantryman and armor crewman who
served as a squad and team leader. He partici-
pated in six combat campaigns, completed two
tours in Vietnam, and received the Bronze
Star for Heroism. In one battle, he was
wounded -- and all of his fellow soldiers
were killed. His highest rank was staff
sargeant. Upon his return from Vietnam, he
went AWOL because of harassment from fellow
servicemen that he was only a "rice paddy NCO"
who would not have earned his rank if not
for the war.
(See page 64
Applicant received a Bronze Star and Purple
of the Report)
Heart in Vietnam. He wrote the following in
his application for clemency: "While in
Vietnam, I didn't notice much mental strain,
but it was an entirely different story when
I returned. I got depressed very easily,
was very moody, and felt as if no one really
cared that I served their country for them. And
this was very hard to cope with, mainly
because while I was in Vietnam I gave it 100%.
I saw enough action for this life and possibly
two or three more. I hope that someone under-
stands what I was going through when I returned."
CLEMENCY BOARD FACT SHEET
21,500 applications received by March 31
6,000 found to be ineligible
15,500 eligible applications
1,000 cases with insufficient information, now the responsibility
of the Clemency Office in the Department of Justice
14,500 cases acted upon by the Clemency Board
13,133 case recommendations approved by the President
110 case recommendations forwarded. to the President
400 cases appealed and not yet forwarded
1,845 other cases not yet forwarded
15,468 total cases
Case Recommendations
Civilian Cases
Military Cases
Outright pardon
82%
36%
Alternative service:
3 months
8%
20%
4-6 months
5%
23%
7+ months
4%
14%
No clemency
1%
7%
Overview of the Clemency Board's
Report to the President
This report should be useful to readers interested
in evaluating the clemency program or engaged in research in a
number of related issues.
The Executive Summary is a 15-page overview of the
contents of the report.
Chapter 1 is a brief introduction, identifying the
principles underlying the Elemency Program.
Chapter 2 describes the overall Clemency Program, with
special emphasis on the Clemency Board's part of the program.
Chapter 3 describes the nature of the applicants to
the Board, and gives a unique perspective on their experiences
with the draft and military justice.
Chapter 4 describes the Board's case-by-case process,
telling how we sought to maintain consistency and fairness in
making case recommendations.
Chapter 5 gives statistics on the Clemency Board
program and analyzes the Board's case recommendations.
Chapter 6 shows how the Board managed to process
15,000 cases in a few short months, and completed our work
within the deadline set by the President.
Chapter 7 puts the President's program in historical
perspective through a comparative analysis of other acts of
Executive Clemency in American history.
Chapter 8. gives the Board's assessment of what we
think the Clemency program accomplished.