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Goodell - Trip to Portland, OR: Briefing Book
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Goodell - Trip to Portland, OR: Briefing Book
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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 7, folder "Goodell - Trip to Portland, OR:
Briefing Book" of the Charles E. Goodell Papers at the Gerald R. Ford Presidential
Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Charles Goodell donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 7 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library
ITINERARY FOR CHARLES GOODELL
2/13 - 2/17
2/13
Washington, D.C.
5:55 pm
Depart Dulles, NW 79
(One stop- 40 minute layover, Seattle)
Portland, Oregon
9:48 pm
Arrive Portland
Hotel Reservations are at Benson Hotel, Portland, 228-9611
Reservations 2/13, Thursday and 2/14 Friday
2/14
10:30 am
Newspaper interview with Todd Engdahl and Photographer
in Benson Hotel
(1/2 hour interview)
12:00 noon
Arrive, Mayfair Room, Mezzainine Level, Benson Hotel
Guest speaker at Luncheon , City Club of Portland
Contact: Marilyn Day, Executive Secretary, City Club
228-7231
12:15 pm
Lunch Served ( approximate)
12:40 pm
Begin Speech (approximate)
FORD
to
1:15 pm
Wrap-Up Speech ( definite)
GERALD
1:15 pm
Question and Answer from audience
LIBRARY
to
1:30 pm
1:30 pm
Meet with Press, Radio, and TV in adjoining room
to
Marilyn Day will show you which room
2:00 pm
3:45 pm
Take Cab to KGW-TV, 1501 S W Jefferson, 224-8620
4:00 pm
Taping, KGW-TV for VIEWPOINT (20 minutes studio time)
Contact : Floyd McKay, TV News
4:30 pm
Return to Benson Hotel
6:15 pm
Depart Benson Hotel for Portland Hilton
Testimonial Dinner
6:30 pm
Cocktails , Grand Ballroom Portland Hilton
7:30 pm
Testimonial Dinner
Mr. McIssacs' telephone number at Pacific Power, 243-1122
CHARLES E. GOODELL
CHAIRMAN
PRESIDENTIAL CLEMENCY BOARD
202: 456-6476
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
February 13, 1975
MEMORANDUM FOR: CHARLES E. GOODELL
CHAIRMAN
FROM:
JOAN VINSON
SUBJECT:
Portland Press
1. Your 10:30 interview with Todd Engdahl of the Portland Oregonian
is about 1/2 hour in length. The Oregonian is the largest daily
in Portland. Circulation 243,279 daily.
2. Your City Club speech will be carried in complete form by three radio
stations. KOAP--live. KLIQ--Saturday noon. KBPS--Tuesday 7:00 p.m.
3. All radio reporters, TV crews and wire services have been invited
to the 1:30 press conference.
4. There are five TV stations in Portland. All except the educational
station should cover your appearance in Portland. Your taping at
KGW is for a Sunday news/interview show to be aired February 23.
PORO
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
February 13, 1975
MEMORANDUM FOR: CHARLES E. GOODELL
FROM:
JOAN VINSON
SUBJECT:
City Club Portland
The City Club Portland was controversial because they did not admit
women but in October, 1973 they saw the light and forsook their
male chauvinist rules. Their membership is now 150 women and 1450 men.
The expected luncheon attendance is between 200 and 250.
MAIL TALLIES
TALLY FOR PRESIDENTIAL CLEMENCY PROGRAM
DOD
For DOD information call:
John Becher, Director of Public
January 6
2400
Affairs--202-OX5-0192 or
OX5-0625
January 20
3279
January 31
4170-162 being processed
February 13
4603-33 being processed
JUSTICE
For Justice Information call:
Bob Vayda--202-739-4520
January 6
159
January 20
229
January 31
412
February 13
439
PRESIDENTIAL
202-456-2110 and 456-6476
CLEMENCY BOARD
January 6
862
January 20
1600 formal
January 31
5047
February 13
7289
8000
SELECTIVE SERVICE
John Barber
202-343-4238
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
February 12, 1975
STATUS REPORT
Number of Written Applications logged in today
57
Total Number of Written Applications
(
3185 Military 1636 Civilian)
4821 *
(In addition, there are approximately 4804 applications
waiting to be logged in)
Number of Telephone Applications today
58
Net Number of Telephone Applications
1636 ¹/
(i.e. those who have not yet followed up their
telephone applications with a written application)
(assume 80% eligible)
Number of "Possibly Eligible" Written Inquiries Handled today
0
Net Number of "Possibly Eligible" Written Inquiries
771 2/
(assume 50% eligible)
Possible Eligibles from "Jail Mail"
300*
Total Number of Pieces of Correspondence Received today
176
Total Number of Pieces of Correspondence Received
738
this week
Estimated Total Number of Applicants (* + 1/ + 2/)
7289
4821
logged
480
waiting to be logged
1302
telephone inquiries (80% of 1627)1/
386
possibly eligible (50% of 771 )2/
300
"Jail Mail"
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
February 11, 1975
STATUS REPORT
Number of Written Applications logged in today
124
Total Number of Written Applications
( 3133 Military 1631 Civilian)
4764*
(In addition, there are approximately 350*applications
waiting to be logged in)
Number of Telephone Applications today
Net Number of Telephone Applications
14531/
(i.e. those who have not yet followed up their
telephone applications with a written application)
(assume 80% eligible)
Number of "Possibly Eligible" Written Inquiries Handled today
0
Net Number of "Possibly Eligible" Written Inquiries
7712/
(assume 50% eligible)
Possible Eligibles from "Jail Mail"
300*
Total Number of Pieces of Correspondence Received today
81
Total Number of Peices of Correspondence Received
562
this week
Estimated Total Number of Applicants (* + 1/ + 2/)
6962
4764
logged
350
waiting to be logged
1162
telephone inquiries (80% of 1453 )
386
possibly eligible (50% of 771 )21
300
"Jail Mail"
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
February 6, 1975
Status Report
Number of written applications logged in 2/5/75
209
Total Number of Written Applications
3671*
(2281 Military 1390 Civilian)
(In addition, there are approximately 300
applications waiting to be logged in)
Number of telephone applications 2/5/75
36
Net Number of Telephone Applications
1159*
(i.e. those who have not yet followed up their
telephone applications with a written application)
(assume 80% eligible)
Number of "Possibly Eligible"
Written Inquiries Handled 2/5/75
94
Net Number of "Possibly Eligible"
Written Inquiries (assume 50% eligible)
6262/
Possible eligibles from "Jark Mail"
300*
Total Number of pieces of correspondence received
2/5/75
195
Total Number of pieces of correspondence received
this week
2271
Estimated Total Number of Applicants (* + 1/ + 2/)
5211 50 4 7
3671 logged
300 waiting to be logged
927 telephone inquiries (80% of 1130) 1/
313 possibly eligible (50% of 626)
300 "Jail Mail"
January 20, 1975
Total Written Applications:
Military
Civilian
date:
786
484
oday:
99
177
Total:
885
661
Total: 1546 (1603)-1
Formal Applications:
+ 300 phon 21
Military
Civilian
To date:
311
240
Today:
75
90
Total:
386
330
Total: 716
Requests for Applications:
Military
Civilian
To date:
760
410
Today:
76
82
Total:
836
492
Total: 1328
Oral Applications:
Military
Civilian
To date:
231
122
Today:
35
28
Total:
266
150
Total: 416
Applications Mailed:
To date:
1523
day:
221
1744
tal:
Backlog: 0
General Information:
309
Congressionals:
105
For Unconditional Amnesty
98
For No Clemency
101
In Favor of Program
56
*Civilians Furloughed who have sent in applications:
**Military Home Parole who have sent in applications:
Max of Sat. a.m. - not including move than 400
pieces of mail amiring over weekend
-31.the more than 300 "phone applications received during
past two weeks are new resulting in written
applications -
PCB STATISTICS AS OF 1/17/75
Military
Civilian
Total
Written Applications
885
661
=
1546
Formal Applications
386
330
II
716
Summaries Mailed
156
79
=
235
Cases Ripe
Board Recommendations:
Pardons & Upgrade
10
=
10
Pardons
26
24
II
50
1-3 Months A/S
41
12
=
53
4-6 Months A/S
25
10
=
35
7-9 Months A/S
12
5
=
17
10-12 Months A/S
13
6
=
19
13-18 Months A/S
2
II
2
19-24 Months A/S
II
Commutation of Sentence
2
II
2
No Clemency
4
1
II
5
Total:
133
60
193
Tabled Cases:
9
5
14
Presidential Decisions:
Pardons & Upgrade
Pardons
3
17
II
20
1-3 Minths A/S
13
8
II
21
4-6 Months A/S
6
6
II
12
7-9 Months A/S
3
=
3
10-12 Months A/S
4
5
II
9
13-18 Months A/S
19-24 Months AS
Commutation of Sentence
No Clemency
Total:
29
36
65
THE PRESIDENTIAL CLEMENCY BOARD
OLD EXECUTIVE OFFICE BUILDING
WASHINGTON, D.C. 20500
January 16, 1975
BOARD MEMBERS
PHONE: (202) 456-6176
Charles E. Goodell. Chairman
Ralph W. Adams
James P. Dougovito
Robert H. Finch
Theodore M. Hesburgh. C.S.C.
Vernon E. Jordan
James A. Maye
Aida Casanas O'Connor
Lewis W. Walt
MEMORANDUM TO:
Senator Goodell.
Larry Baskir
Joan Vinson
Nia Nicholas
SUBJECT:
Fairness Doctrine and our TV Spots
The FCC informs me of three points you should know:
1. Our spots probably don't raise a "fairness" issue,
because they don't speak to the merits of the clemency program,
but merely to eligibility and application procedures under it.
We can informally so advise any station which calls us.
2. If the ACLU or another organization makes a "fairness
doctrine" complaint, the standard which the FCC uses to arrive
at a decision is whether the station. acted "reasonably. 11 The FCC
does not review the merits of the station's decision, unless there
is prima facie evidence that the decision was "arbitrary and
capricious" or "unreasonable. 11 This means that stations do not
have to worry, if they reject the ACLU's contention that anti-
clemency ads must also be broadcast if ours are broadcast,
about an FCC overturning of the station's decision.
3. The controlling case is Green V. FCC (1971), which
held that a station need not air anti-war ads under the fairness
doctrine where that station aired public service spots on behalf
of the Army's recruitment effort. The holding was that the Army
was not promoting war or any other policy, but simply letting
people know who could apply for enlistment and how they could
apply -- an exact analogue to our spots.
cc:
Bob Horn
Rick
SENATOR:
YOU DID NOT SPECIFY WHICH CIVILIAN CASES
YOU WANTED TO REFER TO - so THEY ARE NOT
MARKED - You may want to go thru quickly and do so.
AND BREAKDOWN
CIVILIAN
The Military cases are marked in the next tab.
SUMMARIES
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
January 6, 1975
Breakdown of attached case summaries approved by the President,
Tuesday, December 31, 1974 upon the recommendation of the
Presidential Clemency Board:
18 CIVILIAN CASES:
9 Unconditional Pardons
9 Pardons conditional upon completion of
the following periods of alternate service:
5 cases, 3 months alternate service
1 case, 6 months alternate service
1 case, 10 months alternate service
2 case, 12 months alternate service
29 MILITARY CASES:
3 Unconditional Pardons
26 Pardons conditional upon completion of
the following periods of alternate service:
13 cases, 3 months
6 cases, 6 months
1 case, 7 months
2 cases, 9 months
1 case, 10 months
2 cases, 11 months
1 case, 12 months
FORD i LIBRARY CERALD
-1-
C-1
051-C
This black applicant, in his middle twenties, comes from a large
stable home in the South. He was classified as a conscientious
objector by his local board, and completed approximately eleven
months of alternative service. He was convicted of failing to
remain in alternative service when he failed to report to a hospital
to which he had been reassigned. The hospital was located a sub-
stantial distance from his home and he lacked the financial means
to make the trip and set up a residence. The applicant was con-
victed and originally sentenced to five years in prison. The
appellate court, on appeal, remanded the case for sentence re-
duction. The trial judge reduced the sentence only by eleven
months. He has completed 12-1/2 months of his sentence. When
the applicant was released on bond during his appeal, he performed
work in the public interest.
Disposition: Pardon
C-2
053-C
This white applicant, in his middle twenties, was raised in a
financially stable home in the Midwest. While attending college
he applied for conscientious objector status, which was denied.
The local board noted he did not claim conscientious objector
status until he no longer qualified for any other kind of deferment.
It appears this may have been an improper act by the local board.
Selective Service rules allow an individual to apply for conscientious
objector until the time he receives his induction notice. When he
was ordered to report for induction, he appeared but refused to
submit to induction. He was sentenced to three years for failing
to submit to induction and has served ten months. When he was
in prison, applicant's financee died in an auto accident while re-
turning from visiting him.
Disposition: Pardon
C-3
072-C
This applicant, who is white, in his mid-twenties, was raised on
the West Coast. His parents were divorced when he was 19. He
was a good student in high school and is closely affiliated with the
Catholic Church. Applicant was denied conscientious objector
status and advised that he would be denied an in-service hearing
for non-combatant duty. On advice of his attorney, he refused to
submit for induction. He was sentenced to 6 months in prison and
a 2-year probation. He was in prison 2 months. This case was
reviewed by the Supreme Court of the United States. The Court
held against the applicant, but stated that people in his circum-
stances are entitled as a matter of right to a hearing while in
service.
Disposition: Pardon
-2-
C-4
102-C
This applicant is white, in his early twenties and the eldest of
several children. Due to a family health problem, applicant's
father was forced to leave his job and stay in the home. Conse-
quently, the family has been receiving public assistance. The
applicant is a high school graduate, and was granted conscientious
objector status. Based on his Jehovah Witness belief, applicant
failed to report to the Selective Service System assignment and was
sentenced to 5 years in prison. He has served 18-1/2 months.
Disposition: Pardon
C-5
104-C
This applicant is black and grew up in a midwestern city. His
father abandoned the family when he was quite young and his mother
remarried, divorced and remarried again. He had completed one
year of college and had a stable employment record before being
sentenced to 3 years imprisonment for refusal to submit to induction.
He fled while on bail pending appeal and was subsequently rearrested.
He claims he was denied procedural due process and that he was not
given a physical disability deferment. Prison records show that he was
a model prisoner, and he was recommended for meritorious pay as a
result of outstanding performance in prison. He has served 17-1/2
months in jail and was due for parole October 4, 1974.
Disposition: Pardon
C-6
074-C
This applicant is white, single and from the West. He is the product
of a broken home. He began to have troubles when he was very young.
He started drinking when he was eleven years old. He has attempted
to secure help for his drinking but was unable to follow through. After
reporting for his pre-induction physical, he was given a break for
lunch, after which he was supposed to return for a psychiatric exami-
nation. Instead, he got drunk and did not return. According to the
applicant, he always intended to go into the military but one day
realized that he couldn't handle it. In fact, his records report that
on several occasions he attempted to report to the authorities but
each time he turned back. He subsequently pled guilty to failure
to submit to induction and was given an indeterminate sentence
under the Federal Youth Corrections Act. He has served omyear
of his sentence.
Disposition: Pardon
-3-
C-7
030-C
Applicant is a black Muslim, the second of four children, who
grew up in a large city in the Midwest. He has 14-1/2 years of
formal education, but he had to terminate his schooling because
of financial problems. After leaving school, applicant began a
career in retail sales where he rose to a managerial level. He
declined to seek conscientious objector status and subsequently
refused to submit to induction. He was convicted and sentenced
to 18 months in prison, although he stood ready to perform
alternative service if ordered to do so by the judge. His re-
ligion forbids him from accepting alternate service from
Selective Service because it considers that agency part of the
military. Applicant served 11 months of his sentence. Prison
authorities commended his attitude, deportment and work per-
formance during his incarceration.
Disposition: Pardon
C-8
071-C
This applicant is in his mid-twenties and is white. He was born
in the Southwest and was graduated from college. He claimed
conscientious objector status based on his moral beliefs and his
sincere opposition to the war. However, his claim was denied
and he was ordered to report for induction. He refused and was
convicted. The judge placed him on probation on condition that
he perform alternative service. He worked part-time in his
voluntary job and supported himself in a full-time factory job.
This factory went on strike and he refused to cross the picket-
line. He left his part-time volunteer work because of personal
difficulties although he continued to do alternative service on
weekends. However, his probation was revoked because he
failed to do the service as prescribed. He was sentenced to 3
years in prison. He has now served 8 months.
Disposition: Pardon
C-9
014-C
This applicant, who is white and married, was raised in a
Midwestern town in a middle-class family. Following his
graduation from college with a degree in accounting, he sub-
mitted a request for classification as a conscientious objector.
He also attempted to meet his alternative service obligation by
first teaching in a public school for 4 months, and later working
for a year in a hospital. However, both his application and ap-
peals were denied and, after refusing to submit to induction, he
was convicted and sentenced to 18 months in prison. Prior to
his furlough, he had served approximately 8-1/2 months.
Disposition: Pardon
-4-
C-10
080-C
This applicant is white, in his middle twenties, married, and has one child.
After his father died, his mother remarried and the family moved to the
West Coast. Applicant's formal education stopped at the 11th grade. He
has a minor physical disability. In 1969, applicant became interested in
farming and moved from the West Coast to Hawaii. Before leaving, appli-
cant informed his draft board that he was moving. Living in relative iso-
lation, and believing that he was physically disqualified for induction,
applicant became oblivious to his legal obligations. He was convicted of
failing to report for induction and was sentenced to 4-6 years under the
Federal Youth Corrections Act. Applicant has served ten months of his
sentence.
Disposition: Executive Clemency, three months alternate service. Upon
completion of alternate service, Pardon.
C-11
095-C
This applicant is black, in his mid-twenties and single. He was born and
raised in a large Midwestern city. His father died when applicant was
seven and his mother, who is in a mental institution, was unable to provide
any care for him. Consequently, he was raised by various relatives. He
dropped out of school in the 11th grade. He was convicted of failure to re-
port for induction, sentenced to three years and placed on immediate pro-
bation. After his conviction, he attempted to enlist in the Army but was
rejected. He failed to report to his probation officer; thus his probation
was revoked and he was sentenced to 4 to 6 years. He has served 19
months and 20 days.
Disposition: Executive Clemency, three months alternate service. Upon
completion of alternate service, Pardon.
C-12
096-C
This applicant is black, in his mid-twenties, and was raised in a religious
home in New York City. Although he and his numerous brothers and sisters
were reared in a ghetto-type setting, his parents always attempted to pro-
vide support and guidance. This applicant has no prior criminal record,
and, like his parents, is a Jehovah's Witness. He pleaded guilty to failure
to report for induction, and was given probation contingent upon 24 months
alternate service. Because he did not find the requisite employment, pro-
bation was revoked, and an indeterminate sentence, under the Federal Youth
Corrections Act, was imposed. He has served over 13 months imprisonment.
Disposition: Executive Clemency, three months alternate service. Upon
completion of alternate service, Pardon.
-5-
C-13
097-C
This applicant is black and in his mid-twenties. Although his father
died when the applicant was an infant, his mother remarried, and he
was raised in a stable environment in the South. This applicant is a
Jehovah's Witness who was assigned by his local draft board to
civilian work. He failed to report. When he agreed subsequently to
perform civilian employment he was placed on probation. After
performing his required alternate service for over one year, the
applicant left his job. The applicant was sentenced to three years in
prison of which he has served almost six months.
Disposition: Executive Clemency, 3 months alternate service.
Upon completion of alternate service, Pardon.
C-14
093-C
This applicant is in his mid-twenties and comes from a broken home.
He lived with many different relatives, in the South and in New York,
during his early years. His parents separated when he was 13 and his
mother had difficulty supporting him and herself. He was tried for
failing to report for induction. He said that, when he reported, he
was told that he had a felony conviction which was being investigated.
He said that the Marines told him the same thing when he tried to
enlist. The refusal to accept him arose from an unsealed juvenile
conviction. He was sentenced to an indeterminate term of four to six
years and has now served three years.
Disposition: Executive Clemency, 3 months alternate service.
Upon completion of alternate service, Pardon.
-6-
C-15
090-C
The applicant is white, in his early twenties, and the eldest of four
children. He was brought up in a comfortable middle class home,
and had no delinquency problems. He attended a Quaker boarding
school. He is committed to the Quaker religion and states that he
felt a duty to oppose the Vietnam War and the military system in
general. He refused to register for the draft and fled to Canada.
One of his employers in Canada describes him as industrious,
conscientious and capable. When he returned to the United States,
he was taken into custody, he pled guilty and was placed on probation
with the stipulation that he register for the draft. He again refused
to do so; his probation was revoked and a six year indeterminate
sentence was imposed. He spent seven months in jail. The
applicant states that if faced with the same decision again, he
would still refuse to go into the service, but he would accept
alternate service if ordered to do so by a court.
Disposition: Executive Clemency, 6 months alternate service.
Upon completion of alternate service, Pardon.
-7-
C-16
101-C
This applicant is black and in his mid-twenties. He was born and
raised in New York City. He left school in the 11th grade and has
been employed as a construction worker and mail carrier. He reported
for an Armed Forces physical examination and was found acceptable;
however, he claimed he was inadequately examined but never submitted
any substantive proof of that fact to his local draft board. Later he
communicated with his draft board and claimed conscientious objector
status which was denied. He failed to report for induction and was
declared delinquent. Although for a time he was classified as ineligible
for induction, he was subsequently reclassified 1-A and he failed to
show up for another physical. Several months later he again requested
conscientious objector status; again he was refused. He was convicted
of failure to report for induction and sentenced to four months in prison,
followed by two years probation. He has served 3-1/2 months.
Disposition: Executive Clemency, 10 months alternate service.
Upon completion of alternate service, Pardon.
-8-
081-C
C-17
This applicant is Puerto-Rican; his family moved to New York when he
was four years old. He dropped out of school in the eighth grade and
has four children by his common-law wife. He attempted to enlist in the
Army when he was eighteen but was refused. The applicant was charged
and pled guilty of failing to report for induction. He expressed remorse
for this offense, explaining that he was not refusing induction but just
attempting to postpone it in order to settle some personal problems.
He has a previous criminal conviction for a minor offense. After being
sentenced to a four to six year term under the Federal Youth Corrections
Act, he served four months in prison.
Disposition: Executive Clemency, twelve months alternate service.
Upon completion of alternate service, Pardon.
C-18
012-C
The applicant is white and came from a broken home in New York State.
He was raised under very deprived socio-economic conditions. He left
school during the ninth grade when he was sixteen years old. Applicant
registered for the draft during a period when he was having difficulty
providing for his family which included his wife, his wife's mother,
and a daughter burdened with a birth defect. He attempted to obtain a
hardship classification but was classified I-A when he failed to submit
proof of his claim. He failed to report for induction and shortly
thereafter became separated from his wife. He was sentenced to four
to six years under the Federal Youth Corrections Act and has served
three months in prison.
Disposition: Executive Clemency, 12 months alternate service.
Upon completion of alternate service, Pardon.
SENATOR:
THE CASE$ YOU ESPECIALLY WANTED TO REFER TO
ARE:
M2
251-M
M5
247-M
M6
201-M
M7
193-M
M12
122- M
M13
112-M
SUMMARIES
MILITAR y
SERALD R.
-9-
M-1
227-M
This applicant is white and grew up in an unstable New England family.
He has a ninth grade education. He was inducted into the Army despite
his disclosure of a congenital birth defect of the spine which caused
disability and pain during vigorous physical activity. During basic training,
he suffered severe problems because of this physical defect. On leave
at home after five months in the Army, he discovered that his father had
cancer. He stayed AWOL to tend to his father who died five months later,
and he remained AWOL for four years and ten months. In a court-martial,
he was sentenced to a Bad Conduct Discharge and imprisonment for six
months, four months of which he has served.
Disposition: Pardon. Clemency Discharge.
M-2
251 M
This applicant is white, in his early twenties, and has a 12th grade
education. He was adopted at an early age by his aunt and uncle. When
he was 17, his stepparents threatened to turn him out unless he enlisted
in the Army. He did so, served more than eight months and then was
honorably discharged in order to effect his re-enlistment for Vietnam
duty. He served there for 14 months as an ammunition specialist and
was awarded the Vietnam Service Medal, the Vietnam Campaign Medal
and two overseas service bars. In 1972, he learned the identity of his
natural mother. He went AWOL in an effort to find her. After 16
months of AWOL, he was sentenced to a Bad Conduct Discharge, and
confinement at hard labor for nine months and total forfeitures. He
has served more than eight months in jail. He has 22 months of creditable
service.
Disposition: Pardon. Clemency Discharge.
M-3
117-M
This applicant is black and grew up in a broken home in the Midwest.
He and four other children were raised by his mother, who has become
disabled. He dropped out of high school after his freshman year, and
two years later enlisted in the Marines. While he was home on leave,
his mother lost her eyesight and was hospitalized. He remained to
support the family, but he turned himself in when his mother returned
from the hospital. While awaiting trial for his four-month AWOL, he
learned that his brother had been hospitalized after being hit by a taxi.
He again went AWOL. This time he remained absent about two and one -
half years before turning himself in. He was sentenced to a Bad Conduct
Discharge and 18 months confinement. Prior to his release, he had
served almost ten months in prison.
Disposition: Pardon. Clemency Discharge.
-10-
M-4
187-M
This applicant is white and grew up in a middle-class midwestern
family. After completing the 10th grade, he quit school but has
completed his GED. He worked as a truckdriver to help support
his family until he was drafted. He served four months in the
Army before going AWOL. He left the Army due to his strong
family ties and a feeling of responsibility for his family's financial
well-being. During his absence, he was gainfully employed and
contributed to the support of his family. He was apprehended 3-1/2
years later. In a court-martial, he was sentenced to a Bad Conduct
Discharge and five months confinement. He has served three months
of that sentence, plus two months pretrial confinement.
Disposition: Executive Clemency, 3 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
M-5
247-M
This applicant, in his middle twenties, is black, single and the
youngest of five children. He grew up in the South in a closely-knit
family. His father died when he was 15, and he was thereafter
raised by his mother. He did not finish the 11th grade. He was then
inducted into the Army. He went AWOL twice, but he has fifteen
months of creditable service. During his over four years of AWOL,
he helped provide for his mother and his blind grandmother. He was
given a Dishonorable Discharge and two years of confinement, of
which he has served seven months.
Disposition: Executive Clemency, 3 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
M-6
201 M
This applicant is white, in his early thirties, and one of nine
children raised in the rural South. He has graduated from high
school. He enlisted in the Army in 1965, and later re-enlisted.
He served creditably until 1969, when he learned that his wife was
ill. He went AWOL for a few days to find someone to help take
care of his four children. He returned to the Army and requested
leave in order to go back to his family. He was refused and again
went AWOL and remained absent for almost 4-1/2 years until he
voluntarily turned himself over to military control. In a court-
martial, he was given a Bad Conduct Discharge and sentenced to
ten months confinement, six months of which he has served.
Disposition: Executive Clemency, 3 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
-11-
M-7
193-M
This white applicant in his mid-twenties is the product of a stable
home. Having completed high school, he entered a three-year
enlistment in the Army, specifying a certain job preference. He
was trained in his job preference but neverthcless ordered to a duty
assignment unrelated to his skills. He went AWOL four times due
to family financial difficulties caused by his father's loss of employ-
ment. He lived openly during over two and one-half years of AWOL.
He has over a year of creditable service. He was sentenced to a
Bad Conduct Discharge and confinement for twelve months. Including
pretrial detention, he has served nearly 14 months in jail. While
confined, he suffered a hand injury which resulted in permanent
disability.
Disposition: Executive Clemency, 3 months alternate service.
Upon completion of alternative service, Clemency
Discharge and Pardon.
M-8
167-M
This applicant is white, in his early twenties, and one of three
children. His father was prevented from working because of a
heart condition. Having dropped out of school in the ninth grade,
he was the sole support of his father and sister before he was
drafted. One month after his induction, he attempted to obtain a
weekend pass because of his father's worsening condition. When
the pass was refused, he went AWOL. He was absent for over three
years, as he worked to support his family and his father. He is
married and has two children, but his wife suffers from curvature
of the spine and is unable to work. He was sentenced to seven months
confinement and a Bad Conduct Discharge. He served nearly six
months in prison.
Disposition: Executive Clemency, 3 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
M-9
129-M
This applicant, in his early twenties, is Puerto Rican and is one of
15 children. He was born and raised in New York and completed the
8th grade. He enlisted in the Marine Corps and has 11 months creditable
service. He went AWOL twice for a total of three and one-half years.
These absences were caused by his drug problem, for which he sought
assistance, and by family problems. He received a Bad Conduct
Discharge and a seven month sentence of which he has served five
months.
Disposition: Executive Clemency, 3 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
-12-
M-10
123-M
This applicant is white and was born and raised in the northeastern
United States. After the age of twelve, he was reared by his grand-
mother. He left high school before graduation, worked for some
years for a moving company, and then joined the Marine Corps. He
went AWOL three times because he wanted to help his parents reconcile
their marriage. He was absent for a total of one year and seven months.
During his three and one-half months of creditable service, he accumu-
lated good conduct and proficiency reports. The applicant was court-
martialed and sentenced to a Bad Conduct Discharge and four months
confinement. He has served approximately two months of his sentence
and was in pretrial confinement over two months.
Disposition: Executive Clemency, 3 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
M-11
231-M
Applicant is of Spanish surname, is in his late twenties, and he was
one of 12 children in a stable but low-income family. He completed
nine years in school. Inducted into the Army, applicant completed
basic and advanced individual training and was assigned to the Republic
of Vietnam. He served as a light vehicle driver in an artillery unit
for a full tour in Vietnam, and he returned with his unit to the United
States. He had excellent conduct and proficiency ratings and one year
and seven months of creditable service. With his father facing prison
for vehicular homicide and his girlfriend pregnant, he went AWOL to
deal with these problems. He remained absent for nearly three years.
In a court-martial, he was sentenced to a Bad Conduct Discharge and
imprisonment for six months, two and one-half of which he has served.
Disposition: Executive Clemency, 3 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
M-12
122-M
This white applicant, in his mid-twenties, was born and raised in a
small midwestern town. Applicant's father was extremely strict with
him and the other children in the family. His parents eventually were
divorced. He completed high school by passing the GED test. After
enlisting in the Marines in 1969, he volunteered for overseas duty but
was rejected because of high blood pressure and bleeding feet. He
went AWOL because an automobile rental agent threatened to have him
placed in the brig. He was absent from the Marines for three years.
At his court-martial, he received a sentence of Bad Conduct Discharge
and nine months imprisonment. He has served approximately ten months
in prison, including pretrial confinement. He has ten months of cre-
ditable service.
Disposition: Executive Clemency, 3 months alternate service,
Upon completion of alternate service, Clemency
Derden
-13-
M-13
112-M
This applicant is white, in his early twenties, and grew up in an
economically-deprived midwestern family. He has completed only
two years of high school. He enlisted in the U.S. Marine Corps at
the behest of his stepfather, but with the reluctant consent of his
natural mother. He served honorably for 18 months before going
AWOL because of an overwhelming family crisis. During his
absence, he became a religious convert. Finding that his religious
conscience could no longer cope with his disregard of his legal
obligations, he surrendered to the military authorities. He was
prosecuted before a general court-martial and sentenced to a Bad
Conduct Discharge and imprisonment for five months. The applicant
was successful in rehabilitating himself upon release from confinement
by finding employment in industry.
Disposition: Executive Clemency, 3 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
M-14
219-M
This applicant is white and the oldest of two children. He has only a
7th grade education. Enlisting in the Army, he was trained as an
armor crewman and assigned to Germany. He served for over one
year until he went AWOL to attend to some marital problems. His
emotional distress caused him to commit two other unauthorized
absences. His second and third absences lasted for four years and
eight months. After apprehension, he was sentenced by a court-
martial, given a Dishonorable Discharge and imprisoned for eight
months. He has served over six months of confinement. He has over
one year and four months creditable service.
Disposition: Executive Clemency, 3 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
M-15
242-M
This applicant is black, married and has two children. He was born
and raised in a large city in the Midwest and is the second of three
children. His parents were separated when applicant was ten years
old. Because his mother suffered from heart trouble, applicant began
working part-time at the age of twelve and eventually quit school after
completing the 10th grade to support his family. At the time of his
induction into the Army, applicant was married, had a child and was
the sole support of his invalid mother. Applicant's AWOL was preci-
pitated by the medical and financial problems suffered by his family.
He was absent six and one-half years. He was sentenced to a Bad
Conduct Discharge, to forfeit all pay and allowances and to be confined
at hard labor for five months. He served four months of the sentence.
He has five months creditable service.
Disposition: Executive Clemency, 3 months alternate service.
Unen cmplation of somrice
-14-
M-16
175-M
This applicant is black and grew up as one of ten children in a low-
income family in the South. His father is a disabled farm laborer.
He quit school after the 8th grade to work as a farm laborer also.
He was drafted into the Army, where he has received excellent conduct
and proficiency ratings. He served over one and one-half years of
creditable service, including a full tour of duty in Vietnam. He then
went AWOL and he worked as a farm laborer to support his family
during his six and one-half year absence. In a court-martial, he was
given a Bad Conduct Discharge and sentenced to two and one-half
months in confinement. He was confined over four months, including
48 days or pretrial confinement.
Disposition: Executive Clemency, 3 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
-15-
M-17
113-M
Applicant is white and the product of a low-income background and
family instability; his formal education is limited. He withdrew
from school to become self-sustaining because his relatives were
unable to help him. After enlisting in the Marine Corps, he volunteered
for service in Vietnam. He then married and encountered financial
problems. He returned home on emergency leave to discover his
pregnant wife could no longer live with her sister. He then absented
himself for almost five years to provide her support and a home.
After apprehension, he was sentenced to a Dishonorable Discharge
and six months confinement. At his trial, numerous associates attested
to his outstanding character and reputation in his community. In con-
finement, he was a model prisoner. He has served four months of his
sentence and has completed approximately six months of creditable
service.
Disposition: Executive Clemency, 6 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
M-18
106-M
This black applicant was born and raised in Texas in a stable home
environment. He completed one year of college. He is married and
has two children. He was drafted into the Marines in 1969. Prior to
being drafted he worked as a truck driver. He states that he went
AWOL in 1971 to be with his family and help them resolve several
serious problems. One of his children died in 1972, and his father
is in poor health. He was employed during his unauthorized absence.
Apprehended in 1974, he was sentenced to a Bad Conduct Discharge and
imprisonment for nine months. He has seven months of creditable
service and has served three months of confinement.
Disposition: Executive Clemency, 6 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
M-19
232-M.
Born in a stable midwestern Caucasian family, applicant is the oldest
of three children. His formal education is very limited. Inducted
into the Army, applicant was trained as an infantryman. On leave,
pending assignment overseas, applicant discovered that his wife was
contemplating divorce. Emotionally disturbed, he overstayed his
leave. Applicant remained AWOL for four years and eleven months.
He was court-martialed, sentenced to a Bad Conduct Discharge, and
ten months confinement. He has served over three months of that
sentence. He has nearly five months of creditable military service.
Disposition: Executive Clemency, 6 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
-16-
M-20
170-M
This applicant, who is white and 26 years old, was born and raised
in the Northeast in a family of poor financial circumstances. After
the 11th grade, he dropped out of school to get a job. The following
year he enlisted in the Army and obtained his GED. During his
first year he had two lengthy periods of AWOL for which he was
sentenced to six months confinement. The third time he remained
absent for over seven years. During this time both his father and
his brother had health problems and he worked in a factory to help
support the family. After turning himself in, he was convicted and
sentenced to a Bad Conduct Discharge and three months confinement.
Including pretrial detention, he has served four months and ten days
in confinement.
Disposition: Executive Clemency, 6 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
M-21
162-M
This applicant is black, in his mid-twenties, and grew up in an
intact family with seven children. He dropped out of high school in
the 11th grade and thereafter enlisted in the Army. He has nine months,
20 days of creditable military service, during which his conduct and
efficiency were rated excellent. He went AWOL after injuring his arm in
a parachute jump and being unable to relieve the pain. He married while
AWOL and now has three children. He was convicted for two months of
AWOL; he received a Bad Conduct Discharge and six months confinement.
He has served three months of his sentence.
Disposition: Executive Clemency, 6 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
M-22
120-M
This applicant is white, in his early twenties, and was raised in a
stable home environment in the South. After completing nine years
of education he went to work for a construction company and later
enlisted in the Marine Corps. He has over five months creditable
service. During Infantry Training School he experienced back
problems, and, unable to obtain satisfactory medical treatment, he
went AWOL. Thirteen months later he surrendered but again went
AWOL during his trial. He was sentenced in absentia to a Bad Conduct
Discharge and six months confinement. He later surrendered and has
served two months of his sentence.
Disposition: Executive Clemency, 6 months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
-17-
M-23
125-M
The applicant is white and lived in a large New England family. His
family was on welfare, and he completed only eight years of school.
He is now married and has two children. After enlisting in the Marine
Corps, he had eight months of creditable service. His two incidents
of AWOL totaled almost fifteen months. The first time, he and a friend
went on leave, and he was afraid to return when his friend went AWOL.
The second offense occurred when he was having marital troubles. At
his court-martial he received a Bad Conduct Discharge and a seven
month sentence. He has served over five months of that sentence.
Disposition: Executive Clemency, seven months alternate service. Upon
completion of alternate service, Clemency Discharge and
Pardon.
M-24
176-M
This applicant is black, is the youngest of nine children, and was raised
by his mother in a stable but low-income midwestern home. He gradu-
ated from high school and worked as a laborer and painter until he was
drafted. After almost six months service, he went AWOL rather than
report to an overseas replacement station because of his opposition to
the Vietnam War. He had never applied for conscientious objector
status because he had no religious justification for doing SO. He returned
but went AWOL again, making him absent for a total of over four and one-
half years. After a court-martial and sentence review, he was given a
Bad Conduct Discharge and sentenced to four months confinement. He has
served that sentence, plus two months of pretrial confinement.
Disposition: Executive Clemency, nine months alternate service. Upon
completion of alternate service, Clemency Discharge and
Pardon.
M-25
221-M
This applicant, in his early thirties, is the third of five children born to
a stable but low-income white family in the South. He dropped out of
school in the 10th grade. After being drafted into the Army, he enlisted
for a regular term of service. His total creditable service is two years
and four months. He went AWOL shortly before the termination of his
enlistment because of frustration about his inability to ascertain his pro-
jected date of discharge, his concern for his ailing father, and the finan-
cial plight of his family. During his absence he worked in construction.
After an absence of five years and nine months, he was sentenced to a
Dishonorable Discharge and imprisonment for four months. He has served
over three months of that sentence.
Disposition: Executive Clemency, nine months alternate service. Upon
completion of alternate service, Clemency Discharge and
Pardon.
-18-
M-26
256-M
This applicant, in his mid-twonties, is of Hawaiian ancestry. He
was drafted into the Army after leaving high school, but he claimed
to be unfit for military service because of his bad back. His
claim was rejected, and he later went AWOL to get medical treatment
for his back problem. After 3 1/2 years of AWOL, he surrendered to
civil authorities. He has nine months of creditable service. In
a court-martial, he was sentenced to a Bad Conduct Discharge and
confinement for ten months. He was incarcerated for nearly six
months.
Disposition: Executive Clemency, ten months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
M-27
196-M
This applicant is white, in his mid-twenties, and was raised in
a large family in the West. Although the family was not well off
financially, a very good family relationship existed. This
applicant completed one year of college before leaving because
of a drug problem. He married and with his wife's help stopped
taking drugs. He was subsequently drafted and, due to the avail-
ability of drugs in the Army and the pressure that he was under,
he began taking them again. To receive treatment for his drug
problem and to be with his wife who was eight months pregnant,
this applicant went AWOL. After being AWOL for over 2 1/2 years,
he was court-martialed and sentenced to a Bad Conduct Discharge
with eight months confinement. He has served four months in
prison. He has four and a half months creditable service.
Disposition: Executive Clemency, eleven months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
M-28
111-M
This applicant, in his early twenties, is white and the third of
five children born to a low-income and very unstable family. He
only completed the eighth grade. When he was young, his mother
divorced his father because of physical cruelty. He continued
to live with his natural father, a farm laborer. At the age of
twelve, he resumed living with his mother who had remarried. He
lived with this family unit until age fifteen when he separated
because of conflict with his stepfather. At the age of eighteen,
he enlisted in the USMC. Although achieving satisfactory
proficiency and conduct ratings during his four months of creditable
service, he went AWOL twice for a total of over two years. He was
sentenced to a Bad Conduct Discharge and imprisonment for 8 months,
two months of which he has served.
Disposition: Executive Clemency, eleven months alternate service.
Upon completion of alternate service, Clemency
Discharge and Pardon.
-19-
M-29
205-M
This applicant, who is white and in his late twenties, was born and
raised in New England. He dropped out of high school prior to gradu-
ation due to his marriage and the birth of a child, and joined the
National Guard. Two years later, he was discharged for failure to
attend meetings and, two years after that, was ordered to active duty.
In the meantime, he had obtained his GED Certificate and worked as a
truckdriver, accountant, salesman, and sales manager. He explains
his AWOL was because he was unable to obtain a medical discharge for
a back problem. He was apprehended after six months, but three weeks
later again went AWOL and this time remained absent over four and one-
half years. Part of the time, he was in a Canadian prison for a bigamy
conviction, due to his mistaken belief that his first marriage had been
annulled. After being released to U. S. authorities, he was convicted
and sentenced to ten months confinement and a Bad Conduct Discharge.
The applicant has served eight months and twenty days in prison. He has
almost ten months creditable service.
Disposition: Executive Clemency, twelve months alternate service.
Upon completion of alternate service, Clemency Discharge
and Pardon.
PUBLIC SERVICE SPOTS
Letter-Release-Copy in
English & Spanish &
Production Information
)
)
)
January 5, 1975
MEMORANDUM FOR: CHARLES E. GOODELL
Chairman
FROM:
Joan Vinson
SUBJECT:
Public Service Announcements
Listed below are details concerning the production and distribution
of the public service announcements.
1. They are being distributed to 2100 radio station plus
71 Spanish stations
2. They are being distributed to 268 television stations in
the largest 100 cities.
3. The spots were filmed and taped at the studio at the
Department of Defense.
4. As a public service, Grey Advertising has assisted the
Presidential Clemency Board in the production and dis-
tribution of these spots.
5. The cost of these spots has included processing the radio
tape and the television film and the reproduction of these
tapes and film in sufficient quantity to distribute.
TORD
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
January 6, 1975
Dear Public Service Director:
The Presidential Clemency Board at the White House needs your
help. Our request is a matter of urgency. Your station can aid
thousands of young Americans of the Vietnam era by letting them
know of the President's clemency program--but they must apply
prior to January 31. The Clemency Board deals only with those
who have already been convicted and punished.
For their sake, I ask that you play the enclosed PSA S featuring
Father Theodore Hesburgh and General Lew Walt. Your station
will provide a valuable public service by conveying the Board's
message. We have until the end of the month.
The Public Service Announcements are enclosed along with a
fact sheet, press release, script and "live" copy. Your coopera-
tion in scheduling public service air time during the crucial month
of January will help inform the potential applicant of how and where
to apply and the deadline. Time for application is short. It must
be done prior to January 31. It would be an additional service if
your station announcer could do a countdown--i.e., only 14 days
left to apply to the Presidential Clemency Board. Time is
running out.
We appreciate your help. By donating some of your valuable time,
many young Americans can benefit.
Sincerely,
Clerles So Hookle
Charles E. Goodell
Chairman
Enclosures
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
Office of Public Affairs Director - Room 360
Washington, D. C. 20500
FOR IMMEDIATE RELEASE
Contact: Joan Vinson 456-2791
January 6, 1975
Nia Nickol as 456-6476
Charles E. Goodell, Chairman, Presidential Clemency Board, today announced
a public service campaign directed to Vietnam era young men.
The Presidential Clemency Board has made available to the electronic media
public service spots directed to potential applicants. The Clemency Board deals
only with those who have already been convicted and punished. These spots
inform young men of how and where to apply and of the January 31 deadline.
Mr. Goodell said, "I urge the media to cooperate in this endeavor. For the sake
of the young men who will benefit from the Board's program, help us convey our
message. We have until the end of the month. Time is running out. Appli-
cations must be in prior to January 31. Many young Americans can benefit from
the President's program if they just know about it. 11
The PSAs feature Father Theodore Hesburgh and General Lew Walt. There are
Spanish language spots with Mrs. Aida Casanas O'Connor. These individuals
serve on the Presidential Clemency Board. General Walt, Ret., commanded
our Marines in Vietnam for two years and Father Hesburgh, President of
Notre Dame, spoke out against the war. They believe in the fairness and
necessity of the program. The Board will continue to deal fairly and compassion-
ately with the individuals under its jurisdiction.
The Presidential Clemency Board has jurisdiction over persons who have
already been convicted for a draft evasion or unauthorized absence, desertion
or missing movement offense from the military. A civilian applicant has the
possibility of receiving an unconditional pardon or a pardon conditioned upon
completion of a specified period of alternate service, thereby, restoring his
full civil rights. To the former military applicant, the Board offers a pardon,
plus an upgrading of his discharge to at least a clemency discharge, either
unconditionally or conditioned upon a specified period of alternate service.
So far, applicants before the Board have not been sophisticated. These people
did not know how to take advantage of their rights under our legal system.
They need help now in applying to the Clemency Board. The President's
program offers very real benefits.
BALD
In making the announcement, Mr. Goodell said, "We want all the individuals
who can benefit from the President's program to know of its existence. They
can benefit from it. We want to make it easier for young men to integrate
themselves fully, with dignity and with pride, as Americans and as members
of their community again."
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
THE PRESIDENTIAL CLEMENCY PROGRAM
WHAT IS IT?
HOW DOES IT WORK?
On September 16, 1974, President Ford announced a program of
clemency for persons with Selective Service draft violations or desertion
or AWOL from the armed services.
Why did the President announce the Program?
President Ford wishes to heal the divisions caused by the Viet Nam
War and to enable persons with draft-evasion or AWOL offenses to gain
their way back into society.
Who is Eligible?
Any person who committed a draft-evasion offense or went AWOL or
deserted from the armed forces between August 4, 1964 and March 28, 1973.
Who Runs the Clemency Program?
Three agencies administer the program:
The Presidential Clemency Board administers the program for people
who have been tried and convicted for a draft-evasion offense. It also deals
with cases of people who have been court-martialed for desertion or AWOL,
or who have an undesirable discharge for AWOL.
The Department of Defense runs the program for persons who are now
absent without authority from the armed services.
The Department of Justice runs the program for people who committed
a draft-evasion offense but who have not been tried and convicted.
How Do You Apply?
That depends on your own case.
If you are now Absent from the Armed Services - Contact any military
base or Fort Benjamin Harrison, Indianapolis, Indiana. (317) 542-3417
If you Think you Violated the Draft Laws but have not been Convicted -
Contact any U.S. Attorney's office, or the Department of Justice,
Washington, D.C. (202) 456-6476.
How Long Do you Have to Apply?
You must apply before January 31, 1975, whatever your case.
-2-
What will Happen?
If your case belongs to the Justice Department or Defense Department.
you will make an agreement to perform alternative service for up to 24
months.
If you were AWOL. you will receive an undesirable discharge. After
you satisfactorily perform your alternative service, you will get a clemency
discharge.
If you have a draft-evasion case, it will be dismissed and you will
not be prosecuted after you complete the alternative service.
What Happens If you Were Discharged for AWOL or Desertion or Convicted
of Draft-evasion?
You write to the Presidential Clemency Board, The White House,
Washington, D.C., and ask to be considered for clemency. The Board will
review your case. It will decide whether to recommend clemency to the
President.
What Kind of Clemency Can You Get From The Presidential Clemency
Board?
In special cases, the President can grant an immediate, full and
unconditional pardon.
In other cases, he will grant Conditional Clemency. This means you
will have to perform up to 24 months alternative service before the
President grants a full pardon.
In some cases, the President may decide not to grant a pardon or
conditional clemency.
What is Alternative Service?
This is not punishment, but a means of earning clemency. It consists
of working for qualified employers such as hospitals, charities, and other
kinds of public service jobs.
Where Can You Find Out More About the Clemency Program?
If you have any questions call the Presidential Clemency Board,
The White House, Washington, D.C. (202) 456-6476.
12/11/74
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
PUBLIC SERVICE RADIO ANNOUNCEMENT
30 (Secs.)
Date: Jan. 2-31, 1975
RECORDED
Title: Father Theodore Hesburgh
Father
Hesburgh:
I have a message for those convicted of draft evasion or given
discharges for AWOL offenses. You may deserve clemency. I'm Father
Ted Hesburgh of Notre Dame. And I'm working with the President's Clemency
Board.
It's conceived in the tradition of forgiveness and protects your rights
and integrity. You need not contact us personally. A friend, family member
or lawyer may inquire for you.
If you don't have a lawyer, we'll help you get one.
For information, just write or call the Presidential Clemency Board
at the White House, Washington, D. C., before January 31.
Local
Anncr. :
A public service message brought to you by this station.
R.FORD
CALD
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
PUBLIC SERVICE RADIO ANNOUNCEMENT
60 (Secs.)
Date: Jan. 2-31, 1975
RECORDED
Title:
Father Theodore Hesburgh
Father
Hesburgh:
I have a message for those convicted of draft evasion or given discharges
for AWOL offenses. I'm Father Theodore Hesburgh, President of the University
of Notre Dame. You may recall that I spoke out for a long time against the
Vietnam War. Now I'm also working with the President's Clemency Board.
Most important to me as a priest and an educator, our program is con-
ceived in the tradition of forgiveness. The best evidence of this is to read the
decisions made thus far.
It's an honest program that protects your rights and integrity, or I
wouldn't be a part of it. If you were convicted of draft evasion or given
discharges for AWOL offenses, you may now qualify for a pardon or clemency
discharge that will help clear your record. A friend, family member or lawyer
may inquire for you.
If you don't have a lawyer, we'll help you get one. You will have full access
to your files and you may add anything you think is important.
For information, just call or write the Presidential Clemency Board, the
White House, Washington, D. C. But do it now. You have only until January 31.
Local
i
FORD
Anncr:
A public service message brought to you by this station.
WERALD
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
PUBLIC SERVICE RADIO ANNOUNCEMENT
30 (Secs.)
Date: Jan. 2-31, 1975
RECORDED
Title: General Lew Walt, U. S. Marine Corps (Ret)
Gen.
Walt:
I am General Lew Walt, U.S. Marine Corps retired. I commanded the
Marines in Viet Nam for two years and I am now with the President's Clemency
Board.
I want to speak to veterans who went absent without leave and received
a punitive or undesirable discharge during the Vietnam era.
Many of you served our country well before you went AWOL. And you may
deserve clemency. We can help clear your record.
Write or call the Presidential Clemency Board, the White House,
Washington, D. C., before January 31.
Local
Anncr. :
A public service message brought to you by this station.
FORD
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
PUBLIC SERVICE RADIO ANNOUNCEMENT
60 (Secs.)
Date: Jan. 2-31, 1975
RECORDED
Title: General Lew Walt, U. S. Marine Corps (Ret)
Gen.
Walt:
I am General Lew Walt, U.S. Marine Corps retired. I commanded our
Marines in Viet Nam for two years.
I would like to speak to the veterans of the Vietnam era who went absent
without leave and as a result were given a punitive or undesirable discharge.
I'm a member of the President's Clemency Board at the White House.
I believe that many of you men served our country well before you went AWOL.
If you did, I believe you deserve clemency. Here's an opportunity for you to get
your less than honorable discharge upgraded to a clemency discharge and help
clear your record.
The President's Clemency Board has a very fair and honest program.
All you have to do is write or call the Presidential Clemency Board at
the White House, Washington, D. C. You should act now. To qualify, you must
apply before January 31st, 1975.
Local
Anncr. :
A public service message brought to you by this station.
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
PRESIDENTIAL CLEMENCY BOARD 30 (Secs.) Date: Jan. 2-31, 1975
LIVE ANNOUNCER DELIVERED COPY
Live
Anncr. :
If you were convicted of draft evasion or given a discharge for
AWOL or desertion between 1964 and 1973, the Presidential Clemency
Board could help clear your record. You don't even have to make the
first contact yourself. A family member, friend, or lawyer can
inquire for you. The Board will even help you get a lawyer.
But you must act now. The program ends January 31. Write
the Presidential Clemency Board, the White House, Washington,
D.C. 20500. Or call 202 456-6476. That's 202 456-6476.
A public service message brought to you by this station.
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
PRESIDENTIAL CLEMENCY BOARD 60 (Secs.) Date: Jan. 2-31, 1975
LIVE ANNOUNCER DELIVERED COPY
Live
Anncr. :
If you were convicted of draft evasion or given a discharge for
AWOL or desertion between 1964 and 1973, this message may change
your life. You've probably heard about the President's Clemency
Board. And you probably have some questions about how it works.
Well, I have some answers.
First of all, the program is conceived in the tradition of forgive-
ness. The best evidence of this is the acts of clemency already made.
Then, it's an honest program that protects your rights and
integrity. You don't even have to make the first contact yourself.
A friend, family member or lawyer can inquire for you.
If you don't have a lawyer, the Board will even help you get one.
You will have full access to your files and you may add anything you
think is important.
But you have only until January 31 to clear your record. So call
or write the Presidential Clemency Board, the White House, Washington,
D.C. 20500 today. Or call 202 456-6476.
That's the Presidential Clemency Board, the White House, Washington,
D. C. 20500. Or call 202 456-6476
before January 31.
FORD
A public service message brought to you by this station.
CALCO List
)
)
Listed below are members of CALCO:
American Civil Liberties Union Foundation
Central Committee for Conscientious Objectors
Clemency Information Center of the National Council of Churches
Friends Committee on National Legislation
Lawyers Committee for Civil Rights Under Law
National Interreligious Service Board for Conscientious Objectors
National Legal Aid and Defender Association
Public Law Education Institute
United Church of Christ, Center for Social Action
Washington Council of Lawyers
GERALD
Regulations - PCB
A pplication-Summary Memo
Exec. Order & Proclamation
)
)
)
41351
rules and regulations
This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect most of which are
keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
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
Finally, it cannot be too often stated
should be submitted in five (5) copies,
CHAPTER II-PRESIDENTIAL CLEMENCY
that an applicant may apply to the
and directed to:
BOARD
Clemency Board without risk. His appli-
Office of the General Counsel
cation will be held in confidence, and he
PART 201-ADMINISTRATIVE
Presidential Clemency Board
may withdraw his application at any
The White House
PROCEDURES
time.
Washington, D.C. 20500
PART 202-SUBSTANTIVE STANDARDS
It is the intent of the Presidential
(Executive Order 11803, 39 FR 33297)
OF THE PRESIDENTIAL CLEMENCY
Clemency Board to provide notice to ap-
BOARD
plicants, and to maximize public cer-
In consideration of the foregoing, this
tainty and predictability, about the sub-
chapter will become effective imme-
Procedures and Standards
stantive standards which the Board will
diately.
In order to accommodate new regula-
apply in recommending to the President
Issued in Washington, D.C., on Novem-
tions being issued by the Presidential
proposed dispositions of applications for
ber 25, 1974.
Clemency Board, the heading of Title
executive clemency under Proclamation
2 of the Code of Federal Regulations is
4313 (published in the FEDERAL REGISTER
CHARLES E. GOODELL,
changed to read: Title 2-Clemency. In
on September 17, 1974, 39 FR 33293). It
Chairman,
addition, a new Chapter II, Presidential
is further the intent of the Board to
Presidential Clemency Board.
Clemency Board, is added, reading as
ensure equity and consistency in the way
1. Part 201 is added to read as follows:
set forth below.
that similarly situated applicants are
Sec.
This notice of rulemaking sets forth in
treated.
201.1
Purpose and scope.
Part 201 the administrative procedures
The Presidential Clemency Board
201.2
General definitions.
and in Part 202 the substantive stand-
therefore herein publishes the substan-
201.3
Initial fillng.
ards to be used by the Presidential Clem-
tive standards to which it has committed
201.4
Application form.
ency Board (hereinafter "the Board")
itself in the implementation of the
201.5
Assignment of Action Attorney and
in accepting and processing applications
clemency program. Applicants for execu-
case number, and determination of
from individuals subject to the juris-
tive clemency under the program are in-
jurisdiction.
201.6
diction of the Board and in the deter-
vited to submit evidence suggesting that
Initial summary.
201.7
Final summary.
mination of its recommendations to the
one or more of the mitigating circum-
201.8
Consideration before the Board.
President concerning those individuals.
stances listed below apply to their case,
201.9
Recommendations to the President.
The Presidential Clemency Board has
or that one or more of the aggravating
201.10
Reconsideration.
made every reasonable effort to assure
circumstances listed do not apply to their
201.11
Referral to appropriate agencies.
case. Applicants are also invited to sub-
201.12
to both applicants and those individ-
Confidentiality of communications.
mit letters from third parties containing
201.13
Representation before the Board.
uals who may be subject to the jurisdic-
tion of any of the three parts of the
such evidence, or to ask other people to
201.14
Requests for information about the
Presidential clemency program every
write directly to the Board on their
clemency program.
Appendix A.
procedural consideration. Applicants will
behalf.
Appendix B.
be sent notice concerning the procedures
It is contemplated that the Board will
weigh the factors listed below in each
AUTHORITY: E.O. 11803, 39 FR 33297.
and standards used by the Board; their
privacy will be respected in every way
individual case. It is not contemplated,
§ 201.1 Purpose and scope.
possible within the bounds of the law.
however, that any one of these factors
This subpart contains the regulations
All information concerning the applicant
will necessarily be dispositive of a partic-
of the Presidential Clemency Board,
which is sought by the Board from gov-
ular case, and the Board reserves the
created pursuant to Executive Order
ernmental sources will be open to inspec-
option of considering other factors in
11803 (39 FR 33297) concerning the pro-
tion by the applicant or his representa-
mitigation not listed herein to be disposi-
cedures by which the Board will accept
tive. The records and files concerning the
tive of a particular case.
and process applications from individ-
applicant will be summarized by an at-
Actions taken and determinations
uals who avail themselves of the oppor-
torney on the staff of the Board, and
made by the Presidential Clemency
tunity to come within its jurisdiction.
sent to the applicant for his amendment
Board and members of the Board's staff
Certain other matters are also treated,
and correction. A sure process for the
prior to the issuance of these regulations
such as the assistance to be given to in-
appeal of adverse determinations has
have been in substantial compliance with
dividuals requesting determinations of
been established. In the Board's discre-
the provisions thereof.
jurisdiction, or requesting information
tion, the applicant or his representative
Because of the short duration of the
respecting those parts of the Presidential
may be allowed to persent an oral state-
Presidential clemency program, and for
ment to the Board prior to its determina-
other good cause appearing, it is hereby
Clemency Program which are adminis-
tion of his case. Each applicant will have
determined that publication of this
tered by the Department of Defense and
an opportunity to petition for recon-
chapter in accordance with normal rule-
the Department of Justice under Presi-
sideration of the decision to recommend,
making procedure is impracticable and
dential Proclamation 4313 (39 FR
grant, or deny executive clemency in his
that good cause exists for making these
33293).
case.
regulations effective in less than thirty
Individuals who may be subject to the
(30) days. Notwithstanding the abbrevi-
§ 201.2 General definitions,
jurisdiction of the Department of Jus-
ated rulemaking procedure, however,
"Action attorney" means an attorney
tice or the Departments of Defense or
comments and views regarding the pro-
on the staff of the Board who is assigned
Transportation will be assisted in con-
posed chapter are solicited, and may be
an applicant's case and is thereafter
fidence in determining their status with
filed to be received no later than 5 p.m.
responsible for all information-gathering
respect to the clemency program.
d.s.t., December 12, 1974. Comments
and communications concerning that
FORD
FEDERAL REGISTER, VOL. 39, NO. 230-WEDNESDAY, NOVEMBER 27, 1974
41352
RULES AND REGULATIONS
applicant's case from the applicant's
torney determines that the Board has
complete, or misleading information in
initial filing until final disposition has
jurisdiction over the applicant, a file for
the complete Board file.
been made by the Board.
the applicant's case will be opened and
(d) An applicant's case will be con-
"Applicant" means an individual who
a case number for that file will be as-
sidered ready for consideration by the
is subject to the jurisdiction of the
signed. With the opening of the file, the
Board not earlier than twenty (20) days
Board, and who has submitted an initial
Action Attorney shall request from all
after the initial summary has been re-
filing.
appropriate government agencies the
ceived by the applicant. Material which
"Board" means the Presidential
relevant records and files pertaining to
amends or supplements the applicant's
Clemency Board as created by Executive
the applicant's case before the Board.
initial summary must therefore be re-
Order 11803, or any successor agencies.
(b) In normal cases, the relevant
ceived by the Board within twenty (20)
§ 201.3 Initial filing.
records and files will include for civilian
days to insure that It will be considered.
cases the applicant's files from the Selec-
unless within that period the applicant
In order to comply with the require-
tive Service System and the Bureau of
requests and receives permission for an
ments of Executive Order 11803 as to
Prisons, and for military cases the ap-
extension. Permission for late filing shall
timely application for consideration by
plicant's military personnel records,
be liberally granted, if the request is
the Board, an individual must make an
military clemency folder, and record of
received prior to Board action.
initial filing prior to January 31, 1975.
court martial. Applicants may request
The Board will consider sufficient as an
that the Board consider other pertinent
§ 201.7 Final summary.
initial filing any written communication
files, but such applicant-requested files
(a) Upon receipt of the applicant's re-
received from an individual or his repre-
will not be made available to the appli-
sponse to the initial summary, the Action
sentative which requests consideration
cant and his representative as of right.
Attorney will note such amendments,
of the individual's specific case or which
(c) Where the initial filing contains
supplements, or corrections on the ini-
demonstrates an intention to request
adequate information, Board staff may
tial summary as are indicated by the
consideration. Oral initial filings will be
assign a case number and request rec-
applicant.
considered sufficient if reduced to writ-
ords and files prior to receipt of the com-
(b) The final summary shall then con-
ing and received by the Board within
pleted application form.
sist of the initial summary with appro-
thirty (30) calendar days.
(d) If the Action Attorney determines
priate amendments and additions, and
that probable jurisdiction does not exist,
the summary of the materials submitted
§ 201.4 Application form.
he will promptly notify the applicant in
by the applicant as described in $ 201.6
(a) Upon receipt of an initial filing a
writing, stating the reasons therefor.
(b).
member of the Board's staff will make a
(e) An applicant who questions this
determination of probable jurisdiction.
§ 201.8 Consideration before the Board.
adverse determination of jurisdiction
Applicants who are clearly beyond the
should write the General Counsel of the
(a) At a regularly scheduled meeting
Board's jurisdiction will be so notified in
Board in accordance with the provisions
of the Presidential Clemency Board, a
writing. An applicant who questions this
c' § 201.4(a).
quorum of at least five (5) members
adverse determination of probable juris-
being present, the Board will consider the
diction should promptly write the Gen-
§ 201.6 Initial summary.
applicant's case.
eral Counsel, Presidential Clemency
(a) Upon receipt of the necessary
(b) The Action Attorney will present
Board, The White House, Washington,
records and files, the Action Attorney
to the Board, a brief statement of the
D.C. 20500, stating his reasons for ques-
will prepare an initial summary of the
final summary of the applicant's case.
tioning the determination. The General
applicant's case. The files, records, and
The Action Attorney will then stand
Counsel of the Board shall make the final
any additional sources used in preparing
ready to answer from the complete file
determination of jurisdiction.
the initial summary will be noted there-
any questions from the members of the
(b) An applicant who has been noti-
upon; no material not so noted will be
Board concerning the applicant's case.
fied that probable jurisdiction does not
used in its preparation. The initial sum-
(c) At the Board's discretion, it may
lie in his case will be considered as hav-
mary shall include the name and busi-
permit an applicant or his representative
ing made a timely filing should the
ness telephone number of the Action At-
to present before the Board an oral state-
final decision be that the Board has
torney who prepared it, and who may be
ment, not to exceed ten (10) minutes in
jurisdiction over his case.
contacted by the applicant or his repre-
dength. Neither applicant nor his rep-
(c) Applicants who are within the
sentative.
resentative may be present when the
probable jurisdiction of the Board will
(b) The initial summary shall be sent
Board begins deliberations, but should
be sent by mail:
by certified mail to the applicant. The
remain available for further consulta-
(1) An application form (see appendix
summary will be accompanied by an in-
tion immediately thereafter for a period
"A");
struction sheet describing the method by
not to exceed one hour.
(2) Information about the Presiden-
which the summary was prepared, and
(d) After due deliberation, the Board
tial Clemency program and instructions
by a copy of the guidelines that have
will decide upon its recommendation to
for the preparation of the application
been adopted by the Board for the de-
the President concerning the applicant's
form (see appendix "B")
termination of cases. Applicants will be
case, stating the reasons for its recom-
(3) A statement describing the Board's
requested to review the initial summary
mendation.
procedures and method of determining
for accuracy and completeness, and ad-
'§ 201.9 Recommendations to the Presi-
cases.
vised of their right to submit additional
dent.
(d) The applicant will be urged to re-
sworn or unsworn material. Such addi-
turn the completed application form to
tional material may be submitted in any
(a) At appropriate intervals, the
length, but should be accompanied by a
Chairman of the Board will submit to
the Board as soon as possible. In the
absence of extenuating circumstances,
summary of not more than three (3)
the President certain master warrants
completed application forms must be
single-spaced, typewritten, letter-sized
listing the names of applicants recom-
received by the Board within thirty (30)
pages in length. If a summary of suitable
mended for executive clemency, and a
length is not submitted with the addi-
list of the names of applicants considered
calendar days of receipt.
tional material, the Action Attorney will
by the Board but not recommended for
§ 201.5 Assignment of Action Attorney
prepare such a summary.
clemency. The Chairman will also sub-
and case number, and determination
mit such terms and conditions for execu-
(c) At any time after the mailing to
of jurisdiction.
the applicant of his initial summary, the
tive clemency if any, that have been rec-
ommended in each case by the Board.
(a) Upon receipt of all necessary in-
applicant's complete Board file, and the
(b) Following action by the President,
formation, the applicant's case will be
files from which the summary was pre-
the Board will send notice of such action
assigned to an Action Attorney, who will
pared, may be examined at the offices of
the Board by the applicant, his repre-
in writing to all persons whose names
make a preliminary determination of
the Board's jurisdiction. If the Action At-
sentative, or by any member of the
were submitted to the President. Per-
Board. An applicant or his representative
sons not receiving executive clemency
1 Filed as part of the original document.
may submit evidence of inaccurate, in-
will be so notified.
FEDERAL REGISTER, VOL. 39, NO. 230-WEDNESDAY, NOVEMBER 27, 1974
RULES AND REGULATIONS
41353
§ 201.10 Reconsideration.
service number; military service and
If you believe that you are eligible to be
(a) An applicant may petition the
service number, if applicable; informa-
considered by the Presidential Clemency
Board for reconsideration of his grant or
tion concerning the draft evasion of-
Board but are not sure, you should apply to
the Board. If it turns out that you are not
fenses or absence-related military of-
denial of executive clemency, or of the
eligible for consideration by the Board, you
fenses and the disposition thereof; and
terms and conditions thereof.
may possibly qualify under another part of
(b) Such petitions for reconsideration,
the mailing address of either the appli-
the clemency program. You do not have to
cant or his representative. If the appli-
identify your current location. We will then
including any supplementary material,
cant submits such information as part
be able to notify you of the proper agency to
must be received by the Board within
of his initial filing, the completion of the
contact. If you are appealing a conviction or
thirty (30) days of the mailing of the no-
application form itself is not necessary.
a military discharge you may continue your
tification in § 201.9(b).
appeal, and still apply to the Board at the
(c) At a regularly scheduled Board
§ 201.13 Representation before the
same time.
meeting, a quorum being present, the
Board.
I. The Board will not give its files to any
Board will consider the applicant's peti-
other federal agency. It will keep any in-
(a) Although an applicant may bring
tion for reconsideration.
formation you provide in strictest confidence,
his case before the Board without a rep-
except evidence of a serious crime which is
(d) In appropriate cases, the Board
resentative or legal counsel, each ap-
not covered in the Presidential Clemency pro-
may permit an applicant or his repre-
plicant is entitled to representation and
gram.
sentative to present before the Board an
will be encouraged to seek legal counsel
II. Although you may apply to the Board
oral statement not to exceed fifteen (15)
experienced in military or selective serv-
without attorney or any other representative
minutes in length.
ice law. Upon request, Board staff
if you wish, we encourage you to obtain the
(e) After due deliberation, the Board
help of legal counsel. If you do not have a
will attempt to refer an applicant to a
counsel but desire one, we will be glad to
may either:
skilled volunteer representative.
refer you to a lawyers' organization which
(1) As to any person granted executive
(b) An applicant who does not wish
will help you find one. These organizations
clemency, let stand or mitigate the terms
to file his application in person may have
will help you get legal assistance even if you
and conditions upon which executive
his representative do so on his behalf.
cannot afford to pay.
clemency was granted;
III. To apply to the Board, you need only
§ 201.14 Requests for information about
supply the information necessary to find
(2) As to any person denied executive
the clemency program.
your file from other departments. If you do
clemency, recommend to the President
(a) Upon receipt by the Board of an
not wish to file your application personally,
that he grant executive clemency in ac-
cordance with such terms and conditions
oral or written request for information or
you may select a representative of your own
choice to do it for you, but you must tell us
as may be appropriate; or
consideration concerning an individual
that he is authorized. The Board will main-
who is clearly beyond the jurisdiction of
(3) As to any person denied executive
tain its own file on your case and that file
the Board, a member of the Board's staff
will be available for examination by you or
clemency, again not recommend the ap-
shall inform the individual:
your own attorney.
plicant for executive clemency.
(1) That jurisdiction does not lie;
IV. You are encouraged to submit evidence
§
201.11
Referral to appropriate agen-
(2) Whether jurisdiction may lie
which you feel helps your case, and to submit
cies.
within the Presidential clemency pro-
letters from other people on your behalf. You
may submit evidence in order to correct in-
After the expiration of the period
gram, and if so, with which agency;
accurate, incomplete, or misleading informa-
allowed for petitions for reconsideration,
(3) That in the event the individual
tion to the Board's file.
the Chairman of the Board shall forward
prefers not to contact personally such
V. A personal appearance by you before
for further action to the Secertaries of
other agency that an Action Attorney
the Board will not be necessary.
the Army, Navy, and Air Force, the
will obtain from such other agency in-
If you have any questions, please call or
Secretary of the Department of Trans-
formation concerning the individual's
write the Presidential Clemency Board. The
status with respect to the Presidential
White House, Washington, D.C. 20500, (202-
portation, the Director of the Selective
Service System, and the Attorney
clemency program, and provide to the
456-6476). If application is made by a repre-
General, as appropriate, the President's
individual that information.
sentative on your behalf, it is not necessary
that your home address and telephone num-
determination as to each recipient of
(b) The Action Attorney shall submit
ber be included. Your representative should
executive clemency.
to the Executive Secretariat of the Presi-
indicate his capacity (attorney, friend, etc.)
dential Clemency Board a summary of
and give us his address and telephone num-
§ 201.12 Confidentiality of communica-
the communication with, and informa-
ber.
tions.
tion provided to, such individuals.
Application for people not in custody
(a) The Board-has determined that it
APPENDIX B
should be completed and mailed to the Board
will take all steps possible to protect the
no later than midnight, January 31, 1975.
INSTRUCTIONS FOR APPLICATION FOR CLEMENCY
privacy of applicants and potential ap-
Special procedures will be established for
plicants to the Presidential clemency
On September 16, 1974 the President an-
persons incarcerated whether or not they
nounced a program of clemency. Depending
have been released on furlough.
program. No personal information con-
cerning an applicant or potential ap-
on your case, you may apply to the Presi-
2. Part 202 is added to read as follows:
plicant and related to the Presidential
dential Clemency Board, the Department of
Justice, or the Department of Defense.
Sec.
clemency program will be made known
You may be eligible for clemency by the
202.1 Purpose and scope.
to any agency, organization, or individ-
Presidential Clemency Board if you have
202.2 Board decision on whether or not to
ual, whether public or private, unless
been convicted of a draft evasion offense
recommended that the President
such disclosure is necessary for the
such as failure to register or register on time;
grant executive clemency.
failure to keep the local board informed of
202.3
normal and proper functioning of the
Aggravating circumstances.
Presidential Clemency Board. How-
current address; failure to report for or sub-
202.4
Mitigating circumstances.
mit to pre-induction or induction examina-
202.5
Calculation of length of alternative
ever, information which reveals the
tion; failure to report for or submit to or
service.
existence of a violation of law (other
complete service, during the period from
AUTHORITY: E. O. 11803, 39 FR 33297.
than an offense subject to the Presi-
August 4, 1964 to March 28, 1973; or if you
dential clemency program) will of neces-
have received an undesirable, bad conduct,
§ 202.1 Purpose and scope.
sity be forwarded to the appropriate
or dishonorable discharge for desertion, ab-
This part articulates the standards
authorities.
sence without leave, or missing movement,
(b) In order to have his case con-
and for offenses directly related, between Au-
which the Presidential Clemency Board
sidered by the Board, an applicant
gust 4, 1964 to March 28, 1973.
will employ in deciding whether to rec-
If you are now absent from military serv-
need submit only information sufficient
ommend that the President grant execu-
ice or have a charge against you for a Selec-
for a determination of jurisdiction, and
tive Service violation and have not been con-
tive clemency to a particular applicant,
for the retrieval of necessary official
victed or received a discharge, you may still
and in then deciding whether that grant
records and files. The application
be eligible for elemency under another part
of celemency should be conditional, and,
of the President's program. If you have any
form will therefore require the ap-
questions, please contact the Board and we
if so, upon what specified period of alter-
plicant's name; date of birth; selective
will try to answer your questions.
native service.
FEDERAL REGISTER. VOL 39, NO. 230-WEDNESDAY, NOVEMBER 27, 1974
41354
RULES AND REGULATIONS
§ 202.2 Board decision on whether or
(5) Service-connected disability,
months, the applicant's baseline period of
not to recommend that the President
wounds in combat, or decorations for
alternative service.
grant executive clemency.
valor in combat.
(6) Tours of service in the war zone.
[FR Doc.74-27863 Filed 11-26-74;8:45 am]
(a) The first decision which the Board
will reach, with respect to an application
(7) Substantial evidence of personal
before it, is whether or not it will recom-
or procedural unfairness in treatment of
Title 7-Agriculture
mend to the President that the applicant
applicant,
CHAPTER VII-AGRICULTURAL STABILI-
be granted executive clemency. In reach-
(8) Denial of conscientious objector
ZATION AND CONSERVATION SERVICE
ing that decision, the Board will take
status, of other claim for Selective Serv-
(AGRICULTURAL ADJUSTMENT), DE-
notice of the presence of any of the ag-
ice exemption or deferment, or of a claim
PARTMENT OF AGRICULTURE
gravating circumstances listed in § 202.3,
for hardship discharge, compassionate
SUBCHAPTER B-FARM MARKETING QUOTAS
and will further take notice of whether
reassignment, emergency leave, or other
AND ACREAGE ALLOTMENTS
such aggravating circumstances are bal-
remedy available under military law, on
PART 722-COTTON
anced by the presence of any of the miti-
procedural, technical, or improper
grounds, or on grounds which have sub-
Subpart-1975 Crop of Extra Long Staple Cot-
gating circumstances listed in § 202.4.
ton; Acreage Allotments and Marketing Quotas
(b) Unless there are aggravating cir-
sequently been held unlawful by the
judiciary.
STATE RESERVES AND COUNTY ALLOTMENTS
cumstances not balanced by mitigating
circumstances, the Board will recommend
(9) Evidence that an applicant acted
Section 722.562 is issued pursuant to
that the President grant executive clem-
in conscience, and not for manipulative
the Agricultural Adjustment Act of 1938,
ency to each applicant.
or selfish reasons.
as amended (52 Stat. 31, as amended; 7
(10) Voluntary submission to authori-
U.S.C. 1281 et seq.). This section estab-
§ 202.3 Aggravating circumstances.
ties by applicant.
lishes the State reserves and allocation
(a) Presence of any of the aggravating
§ 202.5 Calculation of length of alter-
thereof among uses for the 1975 crop of
circumstances listed herein either will
native service.'
extra long staple cotton. It also estab-
disqualify an individual for executive
lishes the county allotments. Such de-
(a) Having reached a decision to rec-
clemency or may be considered by the
terminations were made initially by the
ommend that the President grant ex-
Board as cause for recommending to the
respective State committees and are
ecutive clemency to a particular appli-
President executive clemency conditioned
hereby approved and made effective by
cant, the Board will then decide
upon a length of alternative service ex-
the Administrator, ASCS, pursuant to
whether clemency should be conditioned
ceeding the applicant's "baseline period
delegated authority (35 FR 19798, 36 FR
upon a specified period of alternative
of alternative service," as determined
6907, 37 FR 624, 3845, 22008).
service and, if so, what length that pe-
under $ 202.5.
Notice that the Secretary was prepar-
riod should be.
(b) Aggravating circumstances of
ing to establish State and county allot-
which the Board will take notice are:
(1) The starting point for calculation
ments was published in the FEDERAL REG-
(1) Prior adult criminal convictions.
of length of alternative service will be
ISTER on July 17, 1974 (39 FR 26160) in
24 months.
(2) False statement by applicant to
accordance with 5 U.S.C. 553. The views
the Presidential Clemency Board.
(2) That starting point will be re-
and recommendations received in re-
(3) Use of force by applicant collater-
duced by three times the amount of
sponse to such notice have been duly
ally to AWOL, desertion, missing move-
prison time served.
considered.
ment, or civilian draft evasion offense.
(3) That starting point will be further
In order that farmers may be informed
(4) Desertion during combat.
reduced by the amount of prior alterna-
as soon as possible of 1975 farm allot-
(5) Evidence that applicant committed
tive service performed, provided that a
ments so that they may make plans ac-
the offense for obviously manipulative
prescribed period of alternative service
cordingly, it is essential that this section
and selfish reasons.
has been satisfactorily completed.
be made effective as soon as possible.
(6) Prior refusal to fulfill alternative
(4) That starting point will be further
Accordingly, it is hereby found and de-
service.
reduced by the amount of time served on
termined that compliance with the 30-
(7) Prior violation of probation or pa-
probation or parole, provided that a pre-
day effective date requirement of 5 U.S.C.
role requirements.
scribed period of alternative service has
553 is impracticable and contrary to the
been satisfactorily completed.
public interest, and § 722.562 shall be
§ 202.4 Mitigating circumstances.
(5) The remainder of those three sub-
effective November 22, 1974. The mate-
(a) Presence of any of the mitigating
tractions will be the "baseline period of
rial previously appearing in this section
circumstances listed herein will be con-
alternative service" applicable to a
under centerhead "1974 Crop of Extra
sidered by the Board as cause for recom-
particular case before the Board: Pro-
Long Staple Cotton; Acreage Allotments
mending that the President grant exec-
vided, That the baseline period of alter-
and Marketing Quotas" remains in full
utive clemency to a particular applicant,
native service shall not exceed a judge's
force and effect as to the erop to which
and will in exceptional cases be further
sentence to imprisonment in any case:
it was applicable.
considered as cause for recommending
And provided further, That the baseline
Section 722.562 is revised to read as
clemency conditioned upon a period of
period of alternative service shall be, not-
follows:
alternative service less than the appli-
withstanding the remainder of the cal-
§ 722.562 State reserves and county al-
cant's "baseline period of alternative
culation above, not less than a minimum
lotments for the 1975 crop of extra
service," as determined under $ 202.5.
of three (3) months.
long staple cotton.
(b) Mitigating circumstances of which
(6) In exceptional cases in which
(a) (1) State reserves. The State re-
the Board will take notice are:
mitigating circumstances epresent, the
serves-for each State shall be established
(1) Applicant's lack of sufficient edu-
Board may consider such mitigating cir-
and allocated among uses for the 1975
cation or ability to understand obliga-
cumstances as cause for recommending
crop of extra long staple cotton pursuant
tions, or remedies available, under the
clemency conditioned upon a period of
to 8 722.508.
alternative service less than an appli-
law.
(2) It is hereby determined that no
cant's baseline period of alternative serv-
State reserve is required for trends, ab-
(2) Personal and family hardship
ice.
normal conditions, inequities, and hard-
either at the time of the offense or if the
(7) In cases in which aggravating cir-
ships or small farms. The amount of the
applicant were to perform alternative
cumstances are present and are not, in
State reserve held in each State and the
service.
the Board's judgment, balanced by
amount of allotment in the State pro-
(3) Mental or physical illness or con-
mitigating circumstances, the Board may
ductivity pool resulting from productiv-
dition, efther at the time of the offense
consider such aggravating circumstances
ity adjustments under § 722.529 (c) and
(d) is available for inspection at each
or currently.
as cause for recommending clemency
State ASCS office.
(4) Employment or volunteer activities
conditioned upon a period of alternative
(b) County allotments. County allot-
of service to the public since conviction
service exceeding, either by three (3) ad-
ments are established for the 1975 crop
or military discharge.
ditional months or by six (6) additional
of extra long staple cotton in accordance
FEDERAL REGISTER. VOL. 39, NO. 230-WEDNESDAY, NOVEMBER 27, 1974
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON
Dear Sir:
We understand that you may be interested in applying for
clemency under the President's clemency program. Enclosed is
an application form which you must return to us if you want your
case considered by the Presidential Clemency Board. We have
also enclosed materials which describe the procedure that the
Board intends to use and some of the factors which it will consider
in examining your case.
If you wish to apply, please complete the application form as
soon as possible. You should also send us any information you con-,
sider favorable to your case. You can send it with your application,
or as quickly afterwards as you can. When we receive your appli-
cation and any additional papers you may want to submit, the Board
will begin to review your case.
You will not have to appear personally before the Board. You
may, however, call or see one of our staff and you are invited to
add to your file whatever you think helpful. You do not need an
attorney to apply for clemency, but we do suggest that you seek the
advice of one. If you do not know how to get an attorney, we can
tell you.
Sincerely,
Charles E. Goodell
Charles E. Goodell
Chairman
Enclosures
FORD
18
PRESIDENTIAL CLEMENCY BOARD
APPLICATION
I hereby apply to the Presidential Clemency Board for consideration.
NAME
Last
First
Middle
Mailing Address
City
State
Zip Code
Phone & Area Code
Social Security No.
Date of Birth
If you were convicted in federal civil court, or military court-martial,
please describe the offense, give date of offense, and the date and place
of conviction:
Location of prison where last confined
Former military personnel who were court-martialed or administratively
discharged from a military service please complete the following:
Branch of Service
Military Service No.
If Soc. Sec. No., please indicate
Year entered military
Date of Discharge
Type of Discharge
How awarded (check one):
FOR
Court-martial ( )
Admin. Discharge Board ( )
Own request to avoid trial ( )
Offenses on which Administrative Discharge based:
Date
Signature
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON
INSTRUCTIONS FOR APPLICATION FOR CLEMENCY
On September 16, 1974 the President announced a program of clemency.
Depending on your case, you may apply to the Presidential Clemency
Board, the Department of Justice, or the Department of Defense.
You may be eligible for clemency by the Presidential Clemency Board
if you have been convicted of a draft evasion offense such as failure to
register or register on time; failure to keep the local board informed
of current address; failure to report for or submit to re-induction or
induction examination; failure to report for or submit to or complete
service, during the period from August 4, 1964 to March 28, 1973; or
if you have received an undesirable, bad conduct, or dishonorable dis-
charge for desertion, absence without leave, or missing movement,
and for offenses directly related, between August 4, 1964 to March 28,
1973.
If you are now absent from military service or have a charge against
you for a Selective Service violation and have not been convicted or
received a discharge, you may still be eligible for clemency under
another part of the President's program. If you have any questions,
please contact the Board and we will try to answer your questions.
If you believe that you are eligible to be considered by the Presidential
Clemency Board but are not sure, you should apply to the Board. If
it turns out that you are not eligible for consideration by the Board,
you may possibly qualify under another part of the clemency program.
You do not have to identify your current location. We will then be
able to notify you of the proper agency to contact. If you are appealing
a conviction or a military discharge you may continue your appeal, and
still apply to the Board at the same time.
I.
The Board will not give its files to any other federal agency. It
will keep any information you provide in strictest confidence, except
evidence of a serious crime which is not covered in the Presidential
Clemency program.
II.
Although you may apply to the Board without attorney or any other
representative if you wish, we encourage you to obtain the help of legal
counsel. If you do not have a counsel but desire one, we will be glad
to refer you to a lawyers' organization which will help you find one.
These organizations will help you get legal assistance even if you can
not afford to pay.
- 2 -
III. To apply to the Board, you need only supply the information
necessary to find your file from other departments. If you do not
wish to file your application personally, you may select a representa-
tive of your own choice to do it for you, but you must tell us that he
is authorized. The Board will maintain its own file on your case
and that file will be available for examination by you or your own
attorney.
IV. You are encouraged to submit evidence which you feel helps
your case, and to submit letters from other people on your behalf.
You may submit evidence in order to correct inaccurate, incomplete,
or misleading information to the Board's file.
V. A personal appearance by you before the Board will not be
necessary.
THE FOLLOWING ARE SOME OF THE FACTORS THE
BOARD WILL CONSIDER IN EXAMINING YOUR CASE:
1)
Education and ability to understand obligations under the law.
2)
Personal and family circumstances at the time of offense and
afterwards.
3)
Mental or physical condition.
4)
Employment and other activities since conviction or
military discharge.
5)
Service-connected disability, wounds in combat or decorations
for valor in combat.
6)
Tours of service in the war zone.
7)
Substantial evidence of personal or procedural unfairness in
your case.
8)
Denial of conscientious objector status on procedural,
technical or improper grounds.
9)
Period of imprisonment for the offense.
- 3 -
10) Personal statement regarding the reasons for the offense.
11) Any other information the applicant may wish to submit.
These factors will not necessarily be the only ones which the Board
will consider. If you feel there are other facts about your case that
should be considered, please submit evidence about them. ANY
FALSE STATEMENT TO THE BOARD WILL BE CONSIDERED AN
AGGRAVATING FACTOR HIGHLY UNFAVORABLE TO YOUR CASE.
If you have any questions, please call or write the Presidential
Clemency Board, The White House, Washington, D. C. 20500,
(202 - 456-6476). If application is made by a representative on
your behalf, it is not necessary that your home address and telephone
number be included. Your representative should indicate his capacity
(attorney, friend, etc.) and give us his address and telephone number.
Application for people not in custody should be completed and mailed
to the Board no later than midnight, January 31, 1975. Special
procedures will be established for persons incarcerated whether
or not they have been released on furlough.
THE PRESIDENTIAL CLEMENCY BOARD
OLD EXECUTIVE OFFICE BUILDING
WASHINGTON, D.C. 20500
BOARD MEMBERS
October 5, 1974
PHONE: (202) 456-6176
Charles E. Goodell. Chairman
Ralph W. Adams
James P. Dougovito
Robert H. Finch
Theodore M. Hesburgh. C.S.C.
Vernon E. Jordan
James A. Maye
Aida Casanas Connor
Lewis W. Walt
MEMORANDUM
TO:
Staff Attorneys
Presidential Clemency Board
FROM:
General Counsel
SUBJECT:
Preparation of Initial Summaries
of cases
The purpose of the Initial Summary is to pull together a short
statement from existing governmental files summarizing all informa -
tion on an applicant that may be relevant to the Board's decision
regarding clemency. This form should be sent to the applicant for
additions and corrections. It will be given to the Board for their
detailed review, and will be the basic document for all further
Presidential Clemency Board action concerning the applicant. It
may well become public; this should be kept in mind when preparing
the Summary.
It is crucial that the completed form contain a narrative which
identifies the individual as a person and allows the Board to look
behind the welter of dates and offenses. The Background paragraph
especially should be carefully written to present the individual in
human terms.
I.
Detailed Instructions
A. Offense and Present Status. The offense should be stated
in correct, but not legalistic terms. Do not cite applicable
statutes, regulations, or Code. Present status should be
similarly clear. The remaining blocks are self-explanatory.
The purpose of these blocks is to give a first impression of
the individual in terms of the factors directly affecting his
case before the Board.
- 2 -
B. The Background blocks are to provide a narrative picture
of the applicant as an individual, as mentioned above. Use
as many of the entries as necessary from II. Possible
"Background" entries with whatever additional information
you feel helps to present the applicant. The list of
"possibles" is neither inclusive nor exclusive, but should
form the nucleus of the paragraph. Try to follow a roughly
chronological order in presentation, such as is provided in
the list of "possibles". Use only information taken from
official files. Keep it factual make no personal conclusions.
Cite judgments by source. Example: Comes from broken
home (probation report).
C. Mitigating and Aggravating circumstances have been defined
by the Board, and are listed in III. Additional pertinent
circumstances. Include any information concerning any event
in the life of the applicant which is pertinent to the defined
circumstances. Be brief but use complete sentences.
Minimize or omit non-criminal offenses in prior record,
such as traffic offenses. Do not make subjective judgments
concerning either mitigating or aggravating circumstances.
All entries on the Initial Summary form must be directly
traceable to an official file, in both form and content.
Derivative judgments should always be cited.
D. The Chronology should be as detailed as space permits.
Start with Date of Birth and proceed through the last recorded
date of interaction with the legal or military system. This
date may be in the future for such events as "expiration of
full term" for incarcerated prisoners, "expiration of probation"
for those out on probation, and so forth. IMPORTANT: When-
ever an entry is made reflecting sentencing of the applicant,
provide the name of the court in standard form, "DCNC(MD)"
for District Court, North Carolina, Middle District. Present
the Chronology in two columns, date first. Use two lines only
when necessary for clarity. All entries must be non-technical
and transparently clear, as "graduated high school" or "jumped
bail. " The event, not its location, is usually of primary im-
portance (with the exception of the sentencing court, as noted
above). It is not unusual for conflicts to emerge from the con-
struction of the Chronology. Asterisk possible errors and
contraditions with brief explanatory note at bottom of Chronology.
It is usually helpful to construct the Chronology prior to writing
the Background paragraph.
- 3 -
II.
Possible "Background" entries (in approximate order):
Age
Family size and birth order
Family background/stability
Place where raised
Educational level and test scores
Physical health and mental health
Marital status and present residence
Number of dependents
Employment history
Parole recommendation
Custody level
Type of C.O. and brief statement of belief
III.
Additional pertinent circumstances.
The following mitigating and aggravating circumstances have been
defined by the Board, and should be highlighted in each summary.
A. Mitigating circumstances
1. Lack of sufficient education or ability to understand
obligations under the law.
2. Personal hardship, either at the time of the offense or now.
3. Acute mental or physical illness.
4. Employment of service to the public since conviction or
military discharge.
5. Service-connected disability, wounds in combat, or decorations
for valor in combat.
6. Tours of service in the war zone.
7. Substantial evidence of personal or procedural unfairness
in applicant's case.
8. Denial of conscientious objector status on procedural,
technical, or improper grounds.
9. Period of imprisonment for the same offense.
10. Personal statement regarding the offense.
11. Any other information the applicant may wish to submit.
B. Aggravating circumstances
1. Desertion under fire.
2. Use of force collateral to the desertion.
3. Other criminal record.
4. False statement to the Board.
TOTALLY EMBARGOED
SEPTEMBER 16, 1974
UNTIL 11:30 A.M., EDT
Office of the White House Press Secretary
THE WHITE HOUSE
EXECUTIVE ORDER
ESTABLISHING A CLEMENCY BOARD TO REVIEW CERTAIN
CONVICTIONS OF PERSONS UNDER SECTION 12 OR 6(j)
OF THE MILITARY SELECTIVE SERVICE ACT AND CERTAIN
DISCHARGES ISSUED BECAUSE OF, AND CERTAIN CONVIC-
TIONS FOR, VIOLATIONS OF ARTICLE 85, 86 or 87 OF
THE UNIFORM CODE OF MILITARY JUSTICE AND TO MAKE
RECOMMENDATIONS FOR EXECUTIVE CLEMENCY WITH RESPECT
THERETO
By virtue of the authority vested in me as President
of the United States by Section 2 of Article II of the
Constitution of the United States, and in the interest
of the internal management of the Government, it is
ordered as follows:
Section 1. There is hereby established in the
Executive Office of the President a board of 9 members,
which shall be known as the Presidential Clemency Board.
The members of the Board shall be appointed by the
President, who shall also designate its Chairman.
Sec. 2. The Board, under such regulations as it
may prescribe, shall examine the cases of persons who
apply for Executive clemency prior to January 31, 1975,
and who (i) have been convicted of violating Section 12 or
6(j) of the Military Selective Service Act (50 App.
U.S.C. $462), or of any rule or regulation promulgated
pursuant to that section, for acts committed between
August 4, 1964 and March 28, 1973, inclusive, or (ii) have
received punitive or undesirable discharges as a conse-
quence of violations of Article 85, 86 or 87 of the
Uniform Code of Military Justice (10 U.S.C. §§ 885, 886,
887) that occurred between August 4, 1964 and March 28,
1973, inclusive, or are serving sentences of confinement
for such violations. The Board will only consider the
cases of Military Selective Service Act violators who
were convicted or unlawfully failing (i) to register or
register on time, (ii) to keep the local board informed
of their current address, (iii) to report for or submit
to preinduction or induction examination, (iv) to report for
or submit to induction itself, or (v) to report for or
submit to, or complete service under Section 6(j) of
such Act. However, the Board will not consider the
cases of individuals who are precluded from re-entering
the United States under 8 U.S.C. 1182 (a) (22) or other
law.
Sec. 3. The Board shall report to the President its
findings and recommendations as to whether Executive clemency
should be granted or denied in any case. If clemency is recom-
mended, the Board shall also recommend the form that such
more
(OVER)
2
clemency should take, including clemency conditioned upon a
period of alternate service in the national interest. In the
case of an individual discharged from the armed forces with
a punitive or undesirable discharge, the Board may recommend
to the President that a clemency discharge be substituted
for a punitive or undesirable discharge. Determination of
any period of alternate service shall be in accord with the
Proclamation announcing a program for the return
of Vietnam era draft evaders and military deserters.
Sec. 4. The Board shall give priority consideration to
those applicants who are presently confined and have been
convicted only of an offense set forth in section 2 of this
order, and who have no outstanding criminal charges.
Sec. 5. Each member of the Board, except any member
who then receives other compensation from the United States,
may receive compensation for each day he or she is engaged
upon the work of the Board at not to exceed the daily rate
now or hereafter prescribed by law for persons and positions
in GS-18, as authorized by law (5 U.S.C. 3109), and may also
receive travel expenses, including per diem in lieu of sub-
sistence, as authorized by law (5 U.S.C. 5703) for persons in
the government service employed intermittently.
Sec. 6. Necessary expenses of the Board may be paid from
the Unanticipated Personnel Needs Fund of the President or from
such other funds as may be available.
Sec. 7. Necessary administrative services and support may
be provided the Board by the General Services Administration
on a reimbursable basis.
Sec. 8. All departments and agencies in the Executive
branch are authorized and directed to cooperate with the
Board in its work, and to furnish the Board all appropriate
information and assistance, to the extent permitted by law.
Sec. 9. The Board shall submit its final recommendations
to the President not later than December 31, 1976, at which
time it shall cease to exist.
GERALD R. FORD
THE WHITE HOUSE,
September 16, 1974.
TOTALLY EMBARGOED
September 16, 1974
UNTIL 11:30 A.M., EDT
Office of the White House Press Secretary
THE WHITE HOUSE
ANNOUNCING A PROGRAM FOR THE RETURN OF
VIETNAM ERA DRAFT EVADERS AND MILITARY DESERTERS
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
The United States withdrew the last of its forces
from the Republic of Vietnam on March 28, 1973.
In the period of its involvement in armed hos-
tilities in Southeast Asia, the United States suffered
great losses. Millions served their country, thousands
died in combat, thousands more were wounded, others are
still listed as missing in action.
Over a year after the last American combatant had
left Vietnam, the status of thousands of our countrymen --
convicted, charged, investigated or still sought for
violations of the Military Selective Service Act or of
the Uniform Code of Military Justice -- remains unre
solved.
In furtherance of our national commitment to justice
and mercy these young Americans should have the
chance to contribute a share to the rebuilding of peace
among ourselves and with all nations. They should be
allowed the opportunity to earn return to their country,
their communities, and their families, upon their agree--
ment to a period of alternate service in the national
interest, together with an acknowledgement of their allegiance
to the country and its Constitution.
Desertion in time of war is a major, serious offense;
failure to respond to the country's call for duty is
also a serious offense. Reconciliation among our people
does not require that these acts be condoned. Yet,
reconciliation calls for an act of mercy to bind the
Nation's wounds and to heal the scars of divisiveness.
NOW, THEREFORE, I, Gerald R. Ford, President of the
United States, pursuant to my powers under Article II,
Sections 1, 2 and 3 of the Constitution, do hereby proclaim
a program to commence immediately to afford reconciliation
to Vietnam era draft evaders and military deserters upon
the following terms and conditions:
1. Draft Evaders - An individual who allegedly
unlawfully failed under the Military Selective Service
Act or any rule or regulation promulgated thereunder,
to register or register on time, to keep the local
board informed of his current address, to report for or
submit to preinduction or induction examination, to
report for or submit to induction itself, or to report
more
(OVER)
2
for or submit to, or complete service under Section 6(j)
of such Act during the period from August 4, 1964 to
March 28, 1973, inclusive, and who has not been adjudged
guilty in a trial for such offense, will be relieved of
prosecution and punishment for such offense if he:
(1) presents himself to a United States
Attorney before January 31, 1975,
(11) executes an agreement acknowledging
his allegiance to the United States and
pledging to fulfill a period of alternate
service under the auspices of the Director
of Selective Service, and
(iii) satisfactorily completes such
service.
The alternate service shall promote the national health,
safety, or interest. No draft evader will be given the
privilege of completing a period of alternate service by
service in the Armed Forces.
However, this program will not apply to an individual
who is precluded from re-entering the United States under
8 U.S.C. 1182(a) (22) or other law. Additionally, if
individuals eligible for this program have other criminal
charges outstanding, their participation in the program
may be conditioned upon, or postponed until after, final
disposition of the other charges has been reached in
accordance with law.
The period of service shall be twenty-four months,
which may be reduced by the Attorney General because of
mitigating circumstances.
2. Military Deserters - A member of the armed forces who
has been administratively classified as a deserter by
reason of unauthorized absence and whose absence commenced
during the period from August 4, 1964 to March 28, 1973,
inclusive, will be relieved of prosecution and punishment
under Articles 85, 86 and 87 of the Uniform Code of Military
Justice for such absence and for offenses directly related
thereto if before January 31, 1975 he takes an oath of
allegiance to the United States and executes an agree-
ment with the Secretary of the Military Department from
which he absented himself or for members of the Coast Guard,
with the Secretary of Transportation, pledging to fulfill a
period of alternate service under the auspices of the
Director of Selective Service. The alternate service shall
promote the national health, safety, or interest.
The period of service shall be twenty-four months,
which may be reduced by the Secretary of the appropriate
Military Department, or Secretary of Transportation for
members of the Coast Guard, because of mitigating
circumstances.
However, if a member of the armed forces has additional
outstanding charges pending against him under the Uniform
Code of Military Justice, his eligibility to participate
in this program may be conditioned upon, or postponed
until after, final disposition of the additional charges
has been reached in accordance with law.
more
3
Each member of the armed forces who elects to seek
relief through this program will receive an undesirable
discharge. Thereafter, upon satisfactory completion of
a period of alternate service prescribed by the Military
Department or Department of Transportation, such individual
will be entitled to receive, in lieu of his undesirable
discharge, a clemency discharge in recognition of his
fulfillment of the requirements of the program. Such
clemency discharge shall not bestow entitlement to
benefits administered by the Veterans Administration.
Procedures of the Military Departments implementing
this Proclamation will be in accordance with guidelines
established by the Secretary of Defense, present Military
Department regulations notwithstanding.
3. Presidential Clemency Board By Executive Order
I have this date established a Presidential Clemency
Board which will review the records of individuals
within the following categories: (1) those who have
been convicted of draft evasion offenses as described
above, (11) those who have received a punitive or un--
desirable discharge from service in the armed forces for
having violated Article 85, 86, or 87 of the Uniform Code
of Military Justice between August 4, 1964 and March 28,
1973, or are serving sentences of confinement for such
violations. Where appropriate, the Board may recommend
that clemency be conditioned upon completion of a period
of alternate service. However, if any clemency discharge
is recommended, such discharge shall not bestow entitle-
ment to benefits administered by the Veterans Administration.
4. Alternate Service - In prescribing the length of
alternate service in individual cases, the Attorney
General, the Secretary of the appropriate Department,
or the Clemency Board shall take into account such
honorable service as an individual may have rendered prior
to his absence, penalties already paid under law, and
such other mitigating factors as may be appropriate
to seek equity among those who participate in this
program.
IN WITNESS WHEREOF, I have hereunto set my hand
this sixteenth day of September in the year of
our Lord nineteen hundred seventy-four, and of the
Independence of the United States of America the
one hundred and ninety-ninth.
GERALD R. FORD
#####
RESEARCH DATE &
Figures & Table - Strauss
)
)
)
FACTS ABOUT CIVILIAN APPLICANTS
The typical civilian applying for clemency to the Presidential
Clemency Board is a white or black, 25 year-old, high school graduate
with an average IQ. He grew up in below average economic cir-
cumstances and has suffered some family problems. He has never
been convicted of crimes other than his draft offense or been heavily
involved with drugs, but his life-style has been a bit unconventional.
He is still single. He has never been deeply religious and did not
claim to be a conscientious objector. He failed to report for induc-
tion for personal reasons, pled guilty to a Selective Service Act
offense, and was sentenced to two years in prison. He spent
seven months in prison before he was furloughed in September.
Giving him credit for his time in confinement, the Board is likely
to recommend that he perform three months of alternate service,
to be followied by a Presidential Pardon.
Supplemental Statistics for Civilian Applicants:
50%
White
41%
Black
9%
Non-English-speaking. minority
9%
Grade School Graduate
34%
High School Dropout
23%
High School Graduate
27%
Some College
7%
College Graduate
3%
Below Average IQ (85 or Below)
86%
Average IQ (86-115)
11%
Above Average IQ (116 or Above)
24%
Religious Affiliation Documenting CO Beliefs
24%
Other Evidence of CO Beliefs
52%
Little or No Evidence of CO Beliefs
70%
No Prior Adult Criminal Record
23%
Non-Violent Misdemeanor Convictions Only
7%
Violent Misdemeanor or Felony Convictions
FORD
16%
Evidence of Drug Use
SERALD
84%
No Evidence of Drug Use
30%
Spent 4 months or less in jail
27%
Spent 5-8 months in jail
23%
Spent 12 months in jail
20%
Spent more than 12 months in jail
(Based upon data from reviewed cases)
Date of preparation: 12/17/74
TORD
FACTS ABOUT MILITARY APPLICANTS
The typical veteran applying for clemency to the Presidential Clemency
Board is a white, 25 year-old, high school dropout, with an IQ of 90. He
grew up in below average economic circumstances and enlisted in the Army under
pressure of the Vietnam-era draft. He served in the lower enlisted ranks for
seven months, never serving in Vietnam or anywhere else outside the U. S.
During that time he received non-judicial punishment once for an AWOL offense.
He then went AWOL because of family problems and stayed absent for 3 1/2
years. He was then apprehended and later convicted by a court-martial.
was reduced to the lowest ranks, given pay forfeitures, and given a Bad
Conduct Discharge. He was further sentenced to nine months confinement at
hard labor, later reduced to six months by a military review authority.
He served five months in confinement before the President's furlough, and
the Board is likely to recommend that he perform six months of Alternate
Service, to be followed by a Presidential Pardon and a recharacterization of
his discharge.
Supplemental Statistics for Military Applicants:
74%
White
25%
Black
1%
Other
24%
Grade School Graduate
58%
High School Dropout
11%
High School Graduate
6%
Some College
1%
College Graduate
39%
Below Average IQ
(85 or below)
51%
Average IQ
(86-115)
10%
Above Average IQ
(116 +)
43%
Inducted
57%
Enlisted
68%
Army
29%
Marine Corps
2%
Other Services
12%
Served In Vietnam
11%
Served in other Foreign Bases
77%
Served only in the U. S.
47%
Had Served six months or less in the service
30%
Had Served more than six months but no more
than 18 months
23%
Had Served more than 18 months
40%
Went AWOL once only
31%
Went AWOL twice
29%
Went AWOL three or more times
1%
Went AWOL because of Conscientious Objection
to war
10%
Left when they received orders to go to Vietnam
13%
Left because they did not like military service
7%
Left because of Medical problems
44%
Left because of Family problems
25%
Left for other reasons
37%
Spent 4 months or less in jail
56%
Spent 5-8 months in jail
5%
Spent 9-12 months in jail
2%
Spent 12 months or more in jail
(Based upon data from reviewed cases)
Date of preparation: 12/17/74
FO
PCB APPLICATION DATA
Civilians:
90 Furloughees eligible to apply
18 Final Dispositions
57 Reviewed
32 Tentative Dispositions
7 Tabled
10 Applications received
32 Not reviewed
7 probably will apply
14 probably won't apply-- - no longer on furlough
2 probably won't apply-- - still on furlough
67 applications from furloughees -- 67 probably
eligible
198 applications from other civilians -- 178
probably eligible
265 applications from all civilians -- - - 245
probably eligible
Military:
Reviewed
0 Final Dispositions
74 Tentative Dispositions
4 Tabled
155 Applications from furloughees- - 155 probably
eligible
408 Applications from other military--367 probably
eligible
563 Applications from all military -- 522 probably
eligible
Summary Totals:
(as of 12/17/74)
Civ
Mil
Tot
Written applications 265
563
828
Number probably eligible:
Written applications
245
522
762
Daily rates before and after first announcements:
Before
After
Written applications
1.2
6.9
Requests for information 5.7
9.7
If the present rate continues, we would have 718 military and 338 civilian
applications by 1/31/75.
Date of Preparation: 12/17/74
PCB CIVILIAN ELIGIBILITY DATA AND MISCELLANEOUS DATA
28,600,000 Draft-Age Men During Period (8/64 - 3/73)
1,900,000
Drafted
5,600,000
Enlisted
4,000,000
Served in Armed Forces Before or After Period
17,100,000
Never Served in Armed Forces
145,000
Granted Conscientious Objector Status
225,000
High Lottery Numbers
4,500,000
Exempted or Rejected
205,000
Selective Service Complaints
12,025,000 Continuously Deferred or Never Registered
4,000
Indicted
2,000 Under Investigation (Definitely Indicatable)
172,500 Not Accounted For (Possibly Indictable)
21,300 Prosecuted (Peak - 4,900 in 1972)
12,600 Acquitted
8,700 Convicted (41% of those Prosecuted)
4,900 Imprisoned (39% of those Convicted)
(22 Months Average Sentence)
(105 Still in Confinement at Time of Proclamation)
3,800 Not Sentenced to Imprisonment
In 1972, 46% of Prosecutions were in 7 of 9 Judicial Districts -- those
containing New York, Philadelphia, Cleveland, Detroit, Chicago, San
Francisco, and Los Angeles.
21,000 U. S. Citizens Who Became Landed Canadian Immigrants During Period
7,000 The Number who would have become Landed Canadian Immigrants
if the rate of the early '60s had continued through 1973
14,000 The Number who may have Immigrated as Draft Exiles or Military
Absentees
PCB MILITARY ELIGIBILITY DATA AND MISCELLANEOUS DATA
28,600,000 men were of draft age during the base period (8/64 - 3/73)
4,000,000 served in the Armed Forces, but not during the base period
17,100,000 never served in the Armed Forces
7,500,000 served in the Armed Forces during the base period
1,900,000 were drafted
5,600,000 enlisted
2,500,000 served in Viet Nam
55,000 died in Viet Nam
350,000 wounded in Viet Nam
7,500,000 were discharged during the base period
7,083,000 received honorable discharges (94.4%)
225,000 received general discharges (3.0%)
192,000 received worse discharges (2.6%)
160,000 undesirable discharges (2.15%)
29,000 bad conduct discharges (0.4%)
3,000 dishonorable discharges (0.05%)
111,500 received AWOL-related bad discharges (1.48%)
85,000 undesirable discharges (1.13%)
24,000 bad conduct discharges (0.32%)
2,500 dishonorable discharges (0.03%)
Blacks and other minority-group Veterans constituted 11% of the
Viet Nam era forces, yet they received 24% of all discharges less
than honorable.
17,000 in-service CO applications during period
9,800 approved (58%)
7,200 disapproved (42%)
Date of Preparation: 12/17/74
PCB DISPOSITION DATA
Announced Civilian
All Civilian
Military
N/A
N/A
5
General or Honorable
Discharges
8
18
5
Pardons
3
11
21
1 - 3 months AS
5
8
16
4-6 months AS
0
5
9
7-9 months AS
2
6
12
10-12 months AS
0
0
2
over 12 months AS
0
1
0
commutation only
0
1
4
No clemency
18
50
74
Total dispoistions
7
4
Tabled Cases
57
78
Cases Reviewed
6.1 mo.
6.2 mo.
6. 9 mo.
Average AS for those
with AS
Date of Preparation: 12/17/74
Date of Preparation
12/17/74
/
GOVERNMENT-WIDE CASE FLOW DATA
Percentage of
Number
Number
Number
Number
Number of
Eligible Persons
Case
Assigned
Reporting
Assigned to
Program
Eligible
Applications
Applying
Dispositions
To AS
to SSS
AS Jobs
PCB
- CIV.
8,700
265
(3.0%0
18
10
1*
0*
- MIL.
111,500
563
(0.5%)
0
0
0
0
DOJ
6,200+
142
(2.3%)
142
142
126*
25*
DOD
12,500
2315
(18.7%)
2,289
2,289
1609
306
TOTAL
138,900+
3,285
(2. 4 %)
2,449
2,441
1,736 *
331*
* As of 12/11/74
GOVERNMENT-WIDE ALTERNATIVE SERVICE (AS)
No
1-5 Mo.
6-12 Mo.
13-18 Mo.
19-24 Mo.
Average AS
Program
AS
AS
AS
AS
AS
Requirements
PCB
- CIV.
10
3
7
0
0
3 months
- MIL.
0
0
0
0
0
---
DOJ
0
0
15
23
104
22 months
DOD
0
15
290
162
1,822
19 months
Total
10
18
312
185
1,926
19 months
DATA ON THE EFFECTS OF GENERAL AND UNDESIRABLE DISCHARGES
Three studies help explain the effects on veterans and employers
of undesirable discharges in comparison with general discharges.
(1) A survey of 1000 businesses and schools demonstrated
that 69% were influenced by undesirable discharges, and 51% by
general discharges. More significantly, 30% of all businesses
rejected outright anyone with an undesirable discharge, while
only 12% did so for general discharges. ("The Gravity of Admin-
istrative Discharges by Major Bradley K. Jones in the Military
Law Review, Winter 1973)
(2) Congressman Seiberling sent questionnaires to the
nation's 100 largest corporations. 61% admitted discriminating
against veterans with undesirable discharges. Only 41% discrim-
inated against those with general discharges. (Congressional
Record, November 28, 1973, E754)
(3) A veterans' service bureau in East St. Louis surveyed
almost 1000 veterans in that community to see how their discharges
affected their lives. 72% of the veterans with undesirable
discharges had experienced discharge-related problems, while
only 30% of those with general discharges had problems. Most
of the difficulties related to employment: 64% of those with
undesirable discharges had discharge-related employment problems,
compared with 21% of those with general discharges. Many veterans
with undesirable discharges also had problems with schools,
police, and landlords. One even had difficulty obtaining medical
care because of his discharge. (Veterans Service Center of
Southwest Illinois, Inc. -- unpublished survey)
It appears from this data that veterans with undesirable discharges
have anywhere from 11 2 to 3 times as much of a handicap as those with
general discharges.
Two other facts are worth noting: Both the Jones study and the
Sieberling survey found that about 75% of all employers ask for discharge
information, and the East St. Louis survey learned that 60% of the
veterans with undesirable discharges are unemployed. (The latter
statistic may be high in part because veterans with jobs have less
reason to contact a service organization for help.)
Date of Preparation: 12/17/74
WHAT HAPPENED TO WHOM DURING THE VIETNAM ERA
28,600,000
Draft-age men
4,000,000
1,900,000
5,600,000
17,100,000
12,025,000 con-
served in armed
Drafted
Enlisted
Never served in
tinuously defer-
forces not during
armed forces
red. registered or never
Vietnam era
7,500,000
served in
225,000
armed forces
Highlottery no.
during Vietnam
Era
4,500,000
exempted or
rejected
6,900,000
600,000 AWOL
never went AWOL
once or more
145,000 granted
CO status
9,800
275,000
325,000
Received
went AWOL
deserted
205,000
In-service
but didn't
Selective Service
desert
Complaints
2 00,000
served in
172,500
27,500
Vietnam
Possibly
subject to
indictable
prosecution
45,000 350,000
killed wounded
2,2004
25,300
definitely
indicted
indictable
12,600
4,000
Acquitted
civilian
fugitives
12,500
military
fugitives
312,500
3,800
8,700
Returned
put on pro
convicted
bation
43,000
85,000
4,900
GDs
UDs
sent to jail
4,800
finished
terms
100
fur-
68,000
loughed
Court-Martialed
24,000
BCDs
41,000
500
2,500
Convicted
Acquitted
DDs
but not
discharged
138,900
Eligible for Clemency
3285
133,615
Clemency
other eligible persons
Applicants
Date of preparation: 12-17-74