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Manual of Proclamations, Executive Orders and Messages Concerning the Clemency Program (1)
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Manual of Proclamations, Executive Orders and Messages Concerning the Clemency Program (1)
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The original documents are located in Box 7, folder "Manual of Proclamations, Executive
Orders and Messages Concerning the Clemency Program (1)" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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
TABLE OF CONTENTS
TAB
1. Presidential Proclamation No. 4313
A
2. Executive Order 11803
B
3. Executive Order 11804
C
4. DoD Implementing Memorandum
D
5. Army Implementing Message(s)
GERALD
E
6. Navy Implementing Message(s)
F
7. Marine Corps Implementing Message(s)
G
8. Air Force Implementing Message(s)
H
9. DoD Amended Reporting Requirements
I
10. Attorney General Ltr Regarding Apprehension
J
11. DoD New Apprehension Instructions
K
12. Administrative and Punitive Discharges
L
13. Issuance and Review of Discharges
M
33293
A
presidential documents
Title 3-The President
PROCLAMATION 4313
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
FORD is LIBRARY GERALD
Vietnam on March 28, 1973.
In the period of its involvement in armed hostilities 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 unresolved.
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 communi-
ties, and their families, upon their agreement to a period of alternate
service in the national interest, together with an acknowledgment 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 immedi-
FEDERAL REGISTER, VOL. 39, NO. 181-TUESDAY, SEPTEMBER 17, 1974
33294
THE PRESIDENT
ately 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 pro-
mulgated thereunder, to register or register on time, to keep the local
board informed of his current address, to report for or submit to pre-
induction or induction examination, to report for or submit to induction
itself, or to report 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:
(i) presents himself to a United States Attorney before Janu-
ary 31, 1975,
(ii) executes an agreement acknowledging his allegiance to the
United States and pledging to fulfill a period of alternate service
under the auspices of the Director of Selective Service, and
(iii) satisfactorily completes such service.
The alternate service shall promote the national health, safety, or in-
terest. 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 pre-
cluded 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 ab-
sence 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 Mili-
tary 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 agreement 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 Serv-
ice. The alternate service shall promote the national health, safety, or
interest.
The period of service shall be twenty-four months, which may be re-
duced by the Secretary of the appropriate Military Department, or Sec-
retary 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 Jus-
FEDERAL REGISTER, VOL. 39, NO. 181-TUESDAY, SEPTEMBER 17, 1974
THE PRESIDENT
33295
tice, 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.
Each member of the armed forces who elects to seek relief through
this program will receive an undesirable discharge. Thereafter, upon sat-
isfactory 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 Procla-
mation 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: (i) those who have been
convicted of draft evasion offenses as described above, (ii) those who
have received a punitive or undesirable 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 clem-
ency 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 honor-
able 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 six-
teenth 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.
Heral Ford
[FR Doc. 74-21742 Filed 9-16-74;12:47 pm]
FEDERAL REGISTER, VOL. 39, NO. 181-TUESDAY, SEPTEMBER 17, 1974
THE PRESIDENT
33297
EXECUTIVE ORDER 11803
B
Establishing a Clemency Board to Review Certain Convictions of Per-
sons Under Section 12 or 6(j) of the Military Selective Service Act
and Certain Discharges Issued Because of, and Certain Convictions
for, Violations of Article 85, 86 or 87 of the Uniform Code of Mili-
tary 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 consequence of violations of Articles 85, 86 or 87 of the Uniform
Code of Military Justice (10 U.S.C. §§ 885, 886, 887) that occurred
between August 4, 1964 and March 28, 1973, inclusive, or are serving
sentences of confinement for such violations. The Board will only con-
sider the cases of Military Selective Service Act violators who were
convicted of 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 recom-
mendations as to whether Executive clemency should be granted or
denied in any case. If clemency is recommended, the Board shall also
recommend the form that such clemency should take, including clem-
ency conditioned upon a period of alternate service in the national in-
terest. 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.
FORD & LIBRARY GERALD
Sec. 4. The Board shall give priority consideration to those applicants
who are presently confined and have been convicted only of an offense
FEDERAL REGISTER, VOL. 39, NO. 181-TUESDAY, SEPTEMBER 17, 1974
THE PRESIDENT
33298
set forth in section 2 of this order, and who have no outstanding crim-
inal charges.
Sec. 5. Each member of the Board, except any member who then re-
ceives other compensation from the United States, may receive compen-
sation 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 per-
sons 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 subsist-
ence, as authorized by law (5 U.S.C. 5703) for persons in the govern-
ment service employed intermittently.
Sec. 6. Necessary expenses of the Board may be paid from the Un-
anticipated 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 au-
thorized and directed to cooperate with the Board in its work, and to fur-
nish the Board all appropriate information and assistance, to the extent
permitted by law.
Sec. 9. The Board shall submit its final recommendations to the Presi-
dent not later than December 31, 1976, at which time it shall crase to
exist.
Heral R. Ford
THE WHITE HOUSE,
September 16, 1974.
[FR Doc.74-21743 Filed 9-16-74;12:47 pm]
GERALD
FEDERAL REGISTER, VOL. 39, NO. 181-TUESDAY, SEPTEMBER 17, 1974
THE PRESIDENT
33299-33303
EXECUTIVE ORDER 11804
Delegation of Certain Functions Vested in the President to the
Director of Selective Service
C
By virtue of the authority vested in me as President of the United
States, pursuant to my powers under Article II, Sections 1, 2 and 3 of
the Constitution, and under Section 301 of Title 3 of the United States
Code, it is hereby ordered as follows:
Section 1. The Director of Selective Service is designated and em-
powered, without the approval, ratification or other action of the Pres-
ident, under such regulations as he may prescribe, to establish, implement,
and administer the program of alternate service authorized in the Proc-
lamation announcing a program for the return of Vietnam era draft
evaders and military deserters.
Sec. 2. Departments and agencies in the Executive branch shall, upon
the request of the Director of Selective Service, cooperate and assist in
the implementation or administration of the Director's duties under this
Order, to the extent permitted by law.
Herall R. Ford
THE WHITE HOUSE,
September 16, 1974.
[FR Doc.74-21744 Filed 9-16-74;12:48 pm]
FORD i LIBRARY GERALD
FEDERAL REGISTER, VOL. 39, NO. 181-TUESDAY, SEPTEMBER 17, 1974
-Pt. I--
THE SECRETARY OF DEFENSE
WASHINGTON. D.C. 20301
SEP 17 1974
D
MEMORANDUM FOR The Secretaries of the Military Departments
SUBJECT: Implementation of Presidential Proclamation No. 4313
of September 16, 1974
For the purpose of implementing Presidential Proclamation No. 4313
of September 16, 1974, the following instructions are provided:
1. Return to Military Control
a. Military absentees seeking the benefits of the President's
program will be required to return to military control as
a condition of participation.
b. The Secretaries of the Military Departments will establish
and announce procedures whereby absentees may make
initial contact with military authorities by mail or telephone
to establish their eligibility for the program and obtain
reporting instructions.
2. Centralized Clemency Processing Center
a. The Secretary of the Army shall designate a centralized
Clemency Processing Center to be utilized by all Services.
The Army will provide facilities, medical, communica-
tions and logistic support for all Services on a reimbursable
basis.
b. Each Military Service will establish a Clemency Processing
Unit at the site designated by the Secretary of the Army
which will be responsible for the administrative processing
of its own returnees.
DERALD FORD LIBRART
3. Returnee Processing
a. An enlisted member who mects the cligibility criteria
established in the Proclamation (Enclosure 1) will be
provided the opportunity to request discharge for the
good of the service in accordance with the provisions
of DoD Directive 1332. 14 (Paragraphs VII. K. and VIII. D. 5).
The minimum requirements for the issuance of such a
discharge under this program will be in accordance with
DuD Directive 1332. 14, as follows:
(1) The member submits a resignation or a request for
a disthårge for the good of the service;
(2) The member's prior conduct, which is the basis of
his eligibility for the program, renders him triable
by court-martial under circumstances which could
lead to a punitive discharge.
(3) No formal charges and specifications will be necessary,
but. the member must be advised that his prior conduct
is characterized as a willful and persistent unauthorized
absence;
(4) The member has been afforded an opportunity to consult
counsel and certifies in writing his understanding that
he will receive a discharge under other-than-honorable
conditions and that he understands the adverse nature of
such a discharge and the possible consequences thereof.
The request for. discharge will specifically indicate that it
is submitted pursuant to the Presidential Proclamation. All
requests submitted by eligible members will be approved.
The separation will be under conditions other than honorable
unless otherwise directed. (See Paragraph V.A.5., DoD
Directive 1332. 14).
FORD i LIBRARY GERALD
2
b. Officer and warrant officer personnel who meet the eligibility
criteria established in the Proclamation will be provided the
opportunity to tender a resignation in licu of trial by court-
martial. The letter of resignation will indicate that it is
submitted pursuant to the Presidential Proclamation.
The minimum requirements for the acceptance of a resigna-
tion under this program will be as follows:
(1) The member's prior conduct, which is the basis of his
eligibility for the program, renders him triable by court-
martial under circumstances which could lead to a dis-
missal;
(2) No formal charges and specifications will be necessary,
but the member must be advised that his prior conduct
is characterized as a willful and persistent unauthorized
absence;
(3) The member has been afforded an opportunity to consult
counsel and certifies in writing his understanding that
he will be separated under other-than-honorable conditions
and that he understands the ådverse nature of such a sepa-
ration and the possible consequences thereof.
All resignations meeting the foregoing requirements which are
submitted by eligible officers and warrant officers will be
approved. The separation will be under conditions other than
honorable unless otherwise directed by the Secretary concerned.
c. Members eligible for participation in this program who are
currently awaiting trial will be provided the opportunity to
request discharge or tender a resignation as appropriate.
Any such member who is in confinement will be released
therefrom.
3
FORD i LIBRARY GERALD
d. Members returning to military control and who are eligible to
participate in the program will not be placed in confinement.
4. Former members punitively discharged pursuant to sentence
of a court-martial or separated with an undesirable discharge
Former members who:
on have been dismissed from the service or discharged with
a dishonorable or bad conduct discharge pursuant to the
sentence of a court-martial imposed upon conviction of
an absentee offense (10 U. S.C. SEP 885, 886, and 887) or
other purcly military offense directly related thereto
committed during the qualifying period, or
- were separated with an undesirable discharge based on an
act or acts committed during the qualifying period which
rendered the member subject to trial by court-martial
for an absentee offense (10 U. S.C. SER 885, 886, and 887)
or other purely military offense directly related thereto
may apply to the Presidential Clemency Board prior to
31 January 1975 for an examination of their case. The Board
will be empowcred to recommend to the President that a
Clemency Discharge be issued and to qualify such recommen-
dation with a requirement for alternate service in appropriate
cases. The Military Departments will not participate either
in this review process or in monitoring performance of alter-
nate service.
5. Members or former members serving a sentence to confinement
A member or a former member serving a sentence to confinement
based upon conviction of an absentee offense (10 U. S. C. $ 885,
886, and 887) committed during the qualifying period or other
purely military offense directly related thereto may apply to
the Presidential Clemency Board prior to 31 January 1975 for
an examination of his case. The Board will be empowered to
FORD i LIBRARY GERALD
4
recommend clemency in such cases. Where a member or
former member makes such an application, and where his
sentence to confinement is based solely on qualifying offenses,
his sentence to confinement should be suspended pending the
Board's review.
6. Alternate Service
a. The period of alternate service for military members who
apply under the President's program will be determined in
individual cases by the Secretary of the Military Department
concerned or his designee. The period will be indicated in
the agreement signed by the individual as a condition of
eligibility for the President's program. The period of alter-
nate service will normally be twenty-four (24) months, but
may be reduced in appropriate cases. Factors which will
be considered in determining the existence of an appropriate
case are as follows:
(1) length of satisfactory service completed prior to absence
(2) length of service in Southeast Asia in hostile fire zone
(3) awąrds and decorations received
(4) wounds incurred in combat
(5) nature of employment during the period of absence
(6) such additional guidelines as experience indicates
appropriate and which are promulgated by future
memorandums
b. Members separated under this program will be notified that
they must report to their State Director of Selective Service
within 15 days of the date of receipt of discharge to arrange
for performance of alternate service.
7. Members against whom other offenses are pending
Members who would otherwise be eligible for consideration under
the Proclamation, but against whom other offenses under the
GERALD FORD LIBRARY
5
Uniform Code of Military Justice are pending, will not be
eligible to participate in the foregoing programs until the
final disposition of such other offenses in accordance with
the law and Service regulations.
8. Members who fail to meet the eligibility criteria
Members who fail to meet the eligibility criteria or fail or
refuse to execute the required documents, or decline to
submit requests for discharge or letters of resignation, as
appropriate, remain subject to trial by court-martial or
administrative disposition in accordance with existing law
and regulation.
9. Records and accounting
a. Statistical records accounting will be accomplished in
accordance with the provisions of DoD Directive 5000. 12M,
Manual for Standard Data Elements, 1 March 1970, as
changed. The appropriate computer designators for Separa-
tion Type and the specific Separation Reason as noted below
will be entered on Service retained copies of DD Form 214.
The reason for separation shall be "Separation for the good
of the service by reason of a willful and persistent unauthor-
ized absence, pursuant to Presidential Proclamation No. 4313
abbreviation SEP-PRES PROC, data code NL. The copy
for Veterans Administration and the Selective Service System
will contain only the narrative type of separation and reason
for separation. All copies of the DD Form 214 will have
entered in the remarks section the following statement:
"Subject member has agreed to serve
months alternate
service pursuant to Presidential Proclamation No. 4313. "
Those military services which have not implemented Change 10
to DoD Directive 5000. 12M will establish appropriate documen-
tation and accounting procedures consistent with the respective
type of separation and the exact wording of the reason for
separation.
b. Military Departments will establish procedures to recognize
the alternate service by issuance of the Clemency Discharge
certificate DD Form 1953 (Enclosure 2) which is established
GERALD FORD LIBRARY
6
by this memorandum pursuant to Presidential Proclamation No.
Such certificates will be issued only upon receipt of certifica-
tion of satisfactory completion of alternate service by the
Selective Service System. Procedures should also include
issuance of a DD Form 215, "Correction of DD Form 214,
Armed Forces of the United States Report of Transfer or
Discharge, " reflecting the reason for separation as stated
above and noting the issuance of the DD Form 1953 (Enclosure 2).
The DD Form 215 should be included in the master military
personnel record.
c. Service Secretaries will submit reports on a monthly basis
at the end of each calendar month to OASD(M&RA) (MPP) by
the 10th of the following month. Reports will include infor-
mation specified in Enclosure 3.
10. Public Affairs Guidance
Because of the overriding national interest in the President's
announcement on clemency procedures for draft evaders and
military deserters, the Assistant Secretary of Defense (Public
Affairs) is responsible for direction and coordination of all
public affairs activities concerning deserters, discharges and
clemency. Maximum information will be disseminated to the
public while at the same time giving due consideration of the
rights of the individual. The Clemency Processing Center
(CPC) will be manned by representatives of all the Military
Departments, and the CPC information chief will report
directly to the ASD(PA) for all public affairs matters.
Public affairs guidance, recommendations and accompanying
Service implementing instructions to all commands, will be
coordinated in advance with OASD(PA).
James R.
Enclosures
FORD & LIBRARY GERALD
7
Enclosure 1
Conditions of Eligibility Pursuant to Presidential Proclamation No. 4313
1. Unauthorized absence in violation of Article 85, 86, or 87,
or other purely military offense directly related thereto under the
Uniform Code of Military Justice, commenced during the period
August 4, 1964, through March 28, 1973.
2. Other pending offenses under the Uniform Code of Military
Justice have been finally disposed of in accordance with law.
3. The member reported to military authorities in a manner
prescribed by the Military Department concerned not later than
31 January 1975.
4. The member has executed a statement or statements reaffirming
his allegiance and pledging to perform a specified period of alternate
service.
Attached to this enclosure are form statements for use by the Military
Departments in securing the reaffirmation of allegiance, admission of
absence, and pledge to perform alternate service. These forms may
be modified or combined with other documents for ease of administration
provided the substantive content is retained.
FORD is LIBRARY GERALD
Attachment to Enclosure 1
PLEDGE TO COMPLETE ALTERNATE SERVICE
On or about
, I voluntarily absented myself from
my military unit without being properly authorized in contravention of
the oath taken upon entering the nation's military service. Recognizing
that my obligations as a citizen remain unfulfilled, I am ready to serve
in whatever alternate service my country may prescribe for me, and
pledge to faithfully complete a period of
months service.
REAFFIRMATION OF ALLEGIANCE
I,
9
do hereby solemnly reaffirm my
allegiance to the United States of America. I will support, protect and
defend the Constitution of the United States against all enemies, foreign
and domestic; and will hereafter bear true faith and allegiance to the
samě.
I take this obligation freely without any mental reservation OF
purpose of evasion.
GERALD FORD VIBRARY
Enclosure 2
CLEMENCY DISCHARGE
FROM THE ARMED FORCES OF THE
UNITED STATES OF AMERICA
THIS IS TO CERTIFY THAT
WAS DISCHARGED FROM THE
UNITED STATES
ON THE
DAY OF
THIS CERTIFICATE IS ISSUED ON THE
DAY OF
IN RECOGNITION OF SATISFACTORY COMPLETION OF ALTERNATE
SERVICE PURSUANT TO PRESIDENTIAL PROCLAMATION NO. 4313
SEPTEMBER
1974.
FORD d LIBRARY 07/839
DD OCT FORM 14 1953
UNCLASSIFIED
DEPARTMENT OF ARMY
PENTAGON TELECOMMUNICATIONS CENTER
CDSN = SCD645 MCN = 74259/02045 TOR = 742600007
PTTUZYUW RUEADWD1432 2591902-UUUU--RUEADWD.
ZNR UUUUU
E
THIS MESSAGE HAS A COLLECTIVE RI (RUCRARM) DO NOT RE ENTER
P 161901Z SEP 74 ZOC ZEO
FM DA WASH DC//DAPE-HR//
TO ALARACT
BT
UNCLAS
ALARACT 024/74
SUBJ: IMPLEMENTATION GUIDANCE FOR THE PRESIDENT'S PROGRAM FOR
THE RETURN OF MILITARY DESERTERS
1. REF: PRESIDENT'S PROCLAMATION OF 16 SEPTEMBER 1974.
2. THIS MESSAGE PROVIDES POLICY GUIDANCE FOR THE IMPLEMENTATION OF
THE PRESIDENT'S PROGRAM AND IS EFFECTIVE UPON RECEIPT. THE
SECRETARY OF THE ARMY DESIRES THAT THE
PROGRAM BE FULLY SUPPORTED IN THE SPIRIT AS WELL AS THE LETTER OF
THE PROCLAMATION.
3. THE GENERAL CONCEPT OF THE PROGRAMAL AS FOLLOWS;
A. THE DESERTER WILL BE ENCOURAGED TB NAKE INITIAL CONTACT WITH THE
RESPECTIVE SERVICE CLEMENCY INFORMATION POINT BY REGISTERED MAIL OR
TELEPHONE AND WILL RECEIVE REPORTING INSTRUCTIONS.
B. THERE WILL BE A JOINT CLEMENCY PROCESSING CENTER LOCATED AT
FT BEN HARRISON, IND, FOR THE PROCESSING OF RETURNEES FROM ALL
SERVICES.
C. PERSONNEL ELIGIBLE FOR THE PRESIDENT'S PROGRAM ARE THOSE IN-
DIVIDUALS CARRIED ADMINISTRATIVELY AS DESERTERS WHO MEET THE FOLLOW-
ING CRITERIA.
(1) THE LAST PERIOD OF ABSENCE BEGAN ON OR BETWEEN THE DATES OF
4 AUGUST 1964 AND 28 MARCH 1973.
(2) THERE ARE NO MILITARY OFFENSES PENDING OTHER THAN VIOLATION OF
THE UCMJ, ARTICLE 85,86, AND 87 OR MILITARY OFFENSES DIRECTLY RE-
LATED THERETO.
D. THE ENLISTED DESERTER WILL BE GIVEN THE OPPORTUNITY TO APPLY FOR
AN UNDESIRABLE DISCHARGE AFTER HE AGREES TO THE PERFORMANCE OF ALTER-
NATE SERVICE AND SIGNS A REAFFIRMATION OF ALLEGIANCE.
E. THE OFFICER DESERTER WILL BE ALLOWED TO RESIGN IN LIEU OF TRIAL
BY COURT-MARTIAL AFTER HE AGREES TO THE PERFORMANCE OF ALTERNATE
SERVICE AND SIGNS A REAFFIRMATION OF ALLEGIANCE.
F. THE REQUIRED PERIOD OF ALTERNATE SERVICE WILL BE DETERMINED BY
FORD i LIBRARY QURALD
PAGE 01
*
UNCLASSIFIED
*
161901Z SEP 74
RUEADWD/1432
UNCLASSIFIED
DEPARTMENT OF ARMY
PENTAGON TELECOMMUNICATIONS CENTER
THE JOINT ALTERNATE SERVICE BOARD ON A CASE BY CASE BASIS.
4. AT NO TIME WILL THE DESERTER WHO I.S ELIGIBLE FOR THE PROGRAM BE
PLACED UNDER GUARD OR IN CONFINEMENT UNLESS HE COMMITS AN OFFENSE
SUBSEQUENT TO HIS RETURN TO MILITARY CONTROL.
5. SPECIAL INSTRUCTIONS ON THE RETROACTIVE APPLICATION OF THE
PRESIDENT'S PROGRAM WILL BE SENT BY SEPARATE MESSAGE TO INCLUDE
INSTRUCTIONS ON THE RELEASE OF THOSE NOW IN CONF INEMENT
6. IN THE EVENT A DESERTER WHO MEETS THE CRITERIA OF PARAGR APH 3C
TURNS HIMSELF IN AT A MILITARY INSTALLATION DAD/MAAG/MISSION THE
FOLLOWING WILL APPLY:
A. NOTIFY THE RESPECTIVE SERVICE CLEMENCY INFORMATION POINT BY THE
MOST DIRECT MEANS AVAILABLE, AS TO THE INDIVIDUAL'S NAME RANK, SSAN/
SERVICE NUMBER, DATE HIS UNAUTHORIZED ABSENCE BEGAN, DUTY STATION AT
TIME ABSENCE BEGAN, AND PLACE AND DATE OF BIRTH. THE RETURNEE WILL
COMPLETE A RECORD OF EMERGENCY DATA (A COPY OF THE RECORD OF EMER-
GENCY DATA SHOULD BE FORWARDED WITH THE INDIVIDUAL TO THE PROCESSING
CENTER). THE RESPECTIVE SERVICE CLEMENCY INFORMATION POINT WILL
PROVIDE REPORTING INSTRUCTIONS. THE RESPECTIVE POINTS ARE AS
FOLLOWS:
(1) ARMY. US ARMY CLEMENCY INFORMATION POINT, FT BEN MARRISON, IN,
46216 (COMMERCIAL PHONE (317) 542-3417. AUTOVON 699-34171.
(2) NAVY. CHIEF OF NAVAL PERSONNEL (PERS 831. DEPARTI
THE
NAVY, WASHINGTON, DC 20320. (COMMERCIAL PHONE (202) 694-2007
AUTOVON 224 2007).
(3) MARINE CORPS. HEADQUARTERS, US MARINE CORPS (CODE MCtr
WASHINGTON, D.C. 20380. (COMMERCIAL PHONE (202) 694-8
TAUTOVON
224 8526)
(4) AIRFORCE. U.S. AIR FORCE CLEMENCY INFORMATION POINT (AFMPC/
DPMAK) RANDOLPH AIR FORCE BASE, TX 78148. (COMMERCIAL PHONE (512)
652-4104. AUTOVON 487-4104).
B. THE DESERTER WILL NOT BE ISSUED UNIFORMS EXCEPT FOR MAINTENANCE
OF BASIC HEALTH AND WELFARE PURPOSES.
C. ELIGIBLE DESERTERS RETURNING TO MILITARY CONTROL WILL NOT BE
REQUIRED TO CONFORM TO MILITARY STANDARDS OF APPEARANCE AND/MILL BE
TREATED WITH COURTESY COMMENSURATE WITH THE PRESIDENT" AMATION.
D. IF THE RETURNING DESERTER ARRIVES WITH DEPENDEN INSTALLATION
PERSONNEL SHOULD ASSIST IN THE LOCATION OF NON-GOVERNMENT ACCOMMODA-
TIONS.
E. IF THE RETURNING DESERTER AND/OR HIS DEPENDENTS ARE IN NEED OF
IMMEDIATE MEDICAL CARE, SUCH CARE SHOULD BE PROVIDED.
F. THE RESPECTIVE SERVICE CLEMENCY INFORMATION POINT WILL PROVIDE
FORD LIBRARY
PAGE 02
*
UNCLASSIFIED
*
161901Z SEP 74
RUE ADWD /1932
UNCLASSIFIED
DEPARTMENT OF ARMY
PENTAGON TELECOMMUNICATIONS CENTER
INSTRUCTIONS FOR THE HANDLING OF SPECIAL CASES.
7. ALL DESERTERS WHO DO NOT MEET THE CRITERIA OF PARAGRAPH 3 WILL BE
PROCESSED IN IAW CURRENT PROCEDURES.
8. PUBLIC AFFAIRS GUIDANCE
A. BECAUSE OF THE OVERRIDING NATIONAL INTEREST IN THE PRESIDENT'S
ANNOUNCEMENT ON CLEMENCY PROCEDURES FOR DRAFT EVADERS AND MILITARY
DESERTERS, THE ASSISTANT SECRETARY OF DEFENSE (PUBLIC AFFAIRS) IS
RESPONSIBLE FOR DIRECTION AND COORDINATION OF ALL PUBLIC AFFAIRS
ACTIVITIES CONCERNING DESERTERS, DISCHARGES AND CLEMENCY. MAXIMUM
INFORMATION WILL BE DISSEMINATED TO THE PUBLIC WHILE AT THE SAME
TIME GIVING DUE CONSIDERATION OF THE RIGHTS OF THE INDIVIDUAL. THE
CLEMENCY PROCESSING CENTER (CPC) WILL BE MANNED BY REPRESENTATIVES
OF ALL THE MILITARY DEPARTMENTS, AND THE CPC INFORMATION CHIEF WILL
REPORT DIRECTLY TO THE ASD (PA) FOR ALL PUBLIC AFFAIRS MATTERS.
B. ALL PERSONNEL WHO WILL HAVE DIRECT CONTACT WITH DESERTERS MUST
HAVE AN UNDERSTANDING OF POSSIBLE PUBLIC AFFAIRS PROBLEMS AND A
THOROUGH FAMILIARIZATION WITH PUBLIC AFFAIRS GUIDANCE CONTAINED
HEREIN. ACCORDINGLY, THE RESPONSIBLE COMMANDER SHALL INITIATE PRO-
CEDURES FOR BRIEFING SUCH PERSONNEL.
C. THE INTERVIEWING AND PHOTOGRAPHING OF DESERTERS BY NEWS MEDIA
AFTER THEIR RETURN TO MILITARY CONTROL IS PERMITTED UNDER THE
FOLLOWING CONDITIONS.
(1) THE DESERTER GIVES HIS PERSONAL CONSENT. DESERTERS SHOULD BE
ADVISED THAT THEY DO NOT HAVE TO AGREE TO SUCH INTERVIEWS AND PHOTO-
GRAPHS.
(2) THE INTERVIEW/PHOTOGRAPHING DOES NOT INTERFERE WITH THE
EFFICIENT AND ORDERLY PROCESSING OF THE DESERTER.
D. MILITARY PERSONNEL AND PUBLIC AFFAIRS OFFICERS SHOULD NOT ATTEMPT
TO PROVIDE OFFICIAL COMMENTS OR SPECULATION.
E. QUERIES REGARDING THE NUMBER OF DESERTERS PROCESSING THROUGH AN
INSTALLATION MAY BE ANSWERED, HOWEVER, THE NAMES OF DESERTERS MAY
NOT BE RELEASED WITHOUT THEIR PERSONAL CONSENT.
F. QUERIES RECEIVED CONCERNING DRAFT EVADERS WILL BE REFERRED TO
THE DEPARTMENT OF JUSTICE (AC 202-739-4281).
BT
ACTION ADDRESSEES
015 DAPE
INFORMATION ADDRESSEES
293 ALARACT (DA MEMO 105-1 APPLIES)
00308 TOTAL NUMBER OF COPIES REQUIRED
#1432
TALD
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UNCLASSIFIED
*
161901Z SEP 74
RUEADWD/1432
+
UNCLASSIFIED
*
DEPARTMENT OF ARMY
PENTAGON TELECOMMUNICATIONS CENTER
CDSN = SCE334 MCN = 74250/00322 TJR = 742500205
PTTUZYJW RJEADWD1503 2600136-JJJU--RUEAPPP.
ZNR UUUUU
P 1623512 SEP 74
FM DA WASH DC//DAPE HR//
TO AIG 7406
HCL
AIG 7446
AIG 7447
Hr
BT
UNCLAS
SJA PASS TO SUBORDINATE COURT MARTIAL JURISDICTION
SUBJECT: RETROACTIVE APPLICATION OF THE PRESIDENT'S PROGRAM FOR
MILITARY DESERTERS
1. THE FOLLOWING INFORMATION AND GUIDANCE ARE PROVIDED TO ASSIST IN
PROCESSING CASES WHICH MAY HAVE BEEN DISPOSED OF, OR UPON WHICH
DISPOSITION HAS BEEN INITIATED, PRIJR TO THE EFFECTIVE DATE OF THE
PRESIDENT'S PROGRAM.
2. JURISDICTIONS PROCESSING COURT-MARTIAL CASES IN WHICH CHARGES
HAVE BEEN PREFERRED JR ARE BEING PREPARED SOLELY FOR THE OFFENSES
3F DESERTION CARTICLE 85, JCMJ), ABSENCE WITHOUT LEAVE (ARTICLE 86),
OR MISSING MOVEMENT (ARTICLE 871, OR OTHER PURELY MILITARY OFFENSES
DIRECTLY RELATED THERETO, OCCURRING DURING THE PERIJD 4 AUGUST 1964
THROUGH 28 MARCH 1973, NILL TAKE ACTION AS INDICATED HEREIN.
3. CHARGES PREFERRED OR BEING PREPARED - NO REFERRAL FOR TRAIL:
A. ALL PROCESSING JF CHARGES FOR OFFENSES LISTED IN PARAGRAPH 2
ABJVE WILL BE SUSPENDED FOR 4 REASONABLE PERIOD OF TIME (NOT TO :
EXCEED 2 WEEKS) FOR THE PURPOSE OF AFFORDING THE INDIVIDUAL ACCUSED
THE OPPORTUNITY TO PARTICIPATE IN SUBJECT PROGRAM.
3. UPON RECEIPT OF 1 WRITTEN REQUEST FROM THE INDIVIDUAL FOR DELAY
IN HIS CASE TO PA LICIPATE IN THE PROGRAM, THE PROCESSING OF CHARGES
WILL BE SUSPENDED PURSUANT TO 3A ABOVE AND THE INDIVIDUAL ACCUSED
WILL BE RELEASED FROM AVr PRETRIAL CONFINEMENT AND TRANSFERRED TO
FORT BENJAMIN HARRISON, INDIANA, FOR PROCESSING BY THE CLEMENCY
PROCESSING CENTER. CHARGE SHEETS AND ALLIED PAPERS RELATING TO THE
CASE WILL BE TRANSMITTED TO THE OFFICE OF THE STAFF JUDGE ADVOCATE,
FORT BENJAMIN HARRISON, FOR DISPOSITION. THE SJA, FORT 3ENJAMIN
HARRISON, WILL BE ADVISED BY ELECTRICAL MESSAGE OF THE TRANSMISSION
JF THE CHARGE SHEETS AND RELATED DOCUMENTS.
1
4. IN THE CASE OF INDIVIDUALS AGAINST WHOM CHARGES AS ENUMERATED
IN PARAGRAPH 2 HA SEEN PREFERRED AND REFERRED FJR TRIAL, THE IN-
DIVIDUAL ACCUSED 14Y ALSJ PARTICIPATE IN SUBJECT PRIGRAM JPJN HIS
FORD
GERALD
LIBRARY
PAGE 01
INCLASSIETED
ONCLASSIRICO
DEPARTMENT OF ARMY
PENTAGON TELECOMMUNICATIONS CENTER
WRITTEN REQUEST TO PARTICIPATE AND FOR A DELAY IN HIS TRIAL. UPON
RECEIPT OF SUCH A REQUEST, THE CHARGES SHOULD BE WITHDRAWN FROM THE
COURT TO WHICH THEY HAVE BEEN REFERRED IN ACCORDANCE WITH PARAGRAPH
56, MCM, 1969 (REV) AND FORWARDED WITH RELATED DOCUMENTS (TO INCLUDE
A DETAILED STATEMENT JF THE REASON FOR WITHDRAWAL OF CHARGES TO THE
SJA, FORT BENJAMIN HARRISON AS INDICATED IN PARAGRAPH 33 ABOVE. THE
INDIVIDUAL ACCUSED SHOULD BE RELEASED BY THE CONVENING AUTHORITY
(C/A) FROM ANY CONFINEMENT AND TRANSFERRED TO FORT BENJAMIN HARRISON
FOR PROCESSING BY THE CLEMENCY PROCESSING CENTER.
5. IN THE CASE OF INDIVIDUALS WHO HAVE BEEN CHARGED WITH AN OFFENSE
SPECIFIED IN PARAGRAPH 2 ABOVE, WHOSE CHARGES HAVE BEEN REFERRED FOR
TRIAL, AND WHOSE TRIAL HAS PROCEEDED TO ARRAIGNMENT, THE ACCUSED MAY
PARTICIPATE IN THE PROGRAM. UPJN THE RECEIPT OF A WRITTEN REQUEST
FROM THE ACCUSED FOR WITHDRAWAL OF THE CHARGES AND A DELAY FOR THE
PURPOSE OF BEING ALLOWED TO PARTICIPATE, THE CONVENING AUTHORITY
SHOULD WITHDRAW THE CHARGES FROM THE COURT TO WHICH THEY HAVE BEEN
REFERRED IN ACCORDANCE WITH PARAGRAPH 56, MCM, 1969 (REV), CAUSE
THE ACCUSED TO 3E RELEASED FROM CONFINEMENT (IF APP. ICABLE), AND
TRANSFERRED TO FORT BENJAMIN HARRISON FOR PROCESSING BY THE CLEMENCY
PROCESSING CENTER. THE COURT-MARTIAL CHARGES AND ALL REQUIRED DOCU-
MENTS AND RECORDS, TO INCLUDE A DETAILED STATEMENT JF THE REASONS
FOR WITHDRAWAL OF THE CHARGES, SHOULD BE FORWARDED TO THE SJA OFFICE,
FORT BENJAMIN HARRISON, AS OUTLINED IN PARAGRAPH 3 ABOVE.
S. INDIVIDUALS WHO HAVE BEEN TRIED AND CONVICTED BY COURT-MARTIAL
FOR AN OFFENSE OR OFFENSES LISTED IN PARAGRAPH 2 ABJVE, AND WHO ARE
IN CONFINEMENT, WILL BE RELEASED FROM CONFINEMENT IN THE FOLLOWING
SITUATIONS:
:
A. AN INDIVIDUAL DESCRIBED IN 6 ABOVE WITH AN ADJUDGED (EITHER
EXECUTED OR UNEXECUTED) PUNITIVE DISCHARGE WILL BE RELEASED FROM :
CONFINEMENT UPON HIS APPLICATION TO THE PRESIDENTIAL CLEMENCY BOARD
PRIOR TO 31 JANUARY 1975 FOR AN EXAMINATION OF HIS CASE.
B. IF AN INDIVIDUAL AS DESCRIBED IN 6 ABOVE IS IN CONFINEMENT AND
HAS NO DISCHARGE ADJUDGED, HE WILL BE RELEASED FROM, CONFINEMENT UPON
HIS APPLICAITON TO THE PRESIDENTIAL CLEMENCY BOARD PRIOR TO 31
JANUARY 1975 AND RETURNED TO DUTY.
C. IN ALL SUCH CASES (PARA 5, A3JVE) THE EXECUTED PORTION OF ANYz
SENTENCE TO CONFINEMENT WILL BE SUSPENDED BY A SUPPLEMENTARY COURT-
MARTIAL ORDER.
7. INDIVIDUALS WHO HAVE BEEN TRIED AND CONVICTED FOR AN OFFENSE OR
OFFENSES LISTED IN PARAGRAPH 2 ABOVE, WHO HAVE BEEN SENTENCED TO
BE DISCHARGED BUT WHO ARE NOT IN CONFINEMENT AND WHO ARE AWAIT INFORD
GERALD
LIBRARY
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UNCLASSIFIED
#
1623512 SEP 74
RUEADWD/1503
#
UNCLASSIFIED
*
DEPARTMENT OF ARMY
PENTAGON TELECOMMUNICATIONS CENTER
THE COMPLETION OF APPELLATE REVIEW, MAY APPLY TO THE PRESIDENTIAL
CLEMENCY BOARD PRIJR TO 31 JANUARY 1975 FOR AN EXAMINATION OF HIS
CASE.
3. THE FOREGOING SHALL NOT APPLY TO CASES INVOLVING INDIVIDUALS
WITH OFFENSES IN ADDITION TO THOSE LISTED IN PARAGRAPH 2.
BT
ACTION ADDRESSEES
003 DAPE
00003 TOTAL NUMBER OF COPIES REQUIRED
#1503
NNNN
FORD i LIBRARY 074870
PAGE 03
UNCI ACCIEREN
UNCLASSIFIED
DEPARTMENT OF ARMY
PENTAGON TELECOMMUNICATIONS CENTER
CDSN = SCD696 MCN = 74261/02912 TOR = 742612152
PTTUZYUW RUEADWD1740 2612135 RUEAPPP.
ZNR 00000
P 1821352 SEP 74
FM DA WASHDC//DAPE-HR//
TO AIG 7406
AIG 7446
AIG 7447
BT
UNCLAS
SUBJ: RETROACTIVE APPLICATION OF THE PRESIDENT, S PROGRAM FOR
MILITARY DESERTERS
FOR SJA. PASS TO SUBORDINATE COURT-MARTIAL JURISDICTIONS
A DA MSG DTD 1623512 SEP 74, SUBJ AS ABOVE.
1. DUE TO TRANSMISSION ERROR, CHANGE PARAGRAPH 6C FROM "EXECUTED
PORTION OF ANY SENTENCE" TO "UNEXECUTED PORTION OF ANY SENTENCE".
2 n ADD PARAGRAPH 9, "FORMER MEMBERS WHO:
A, HAVE BEEN DISMISSED FROM THE SERVICE OR DISCHARGED WITH A
DISHONORABLE OR BAD CONDUCT DISCHARGE PURSUANT TO THE SENTENCE OF
A COURT MARTIAL IMPOSED UPON CONVICTION OF AN ABSENTEE OFFENSE (10
U.S.C. SEC 885, 886, AND 887) OR OTHER PURELY MILITARY OFFENSE
DIRECTLY RELATED THERETO COMMITTED DURING THE QUALIFYING PERIOD, OR
B , WERE SEPARATED WITH AN UNDESIRABLE DISCHARGE BASED ON AN ACT OR
ACTS COMMITTED DURING THE QUALIFYING PERIOD WHICH RENDERED THE
MEMBER SUBJECT TO TRIAL BY COURT-MARTIAL FOR AN ABSENTEE OFFENSE
(10 U.S.C. SEC 885, 886, AND 8871 OR OTHER PURELY MILITARY OFFENSE
DIRECTLY RELATED THERETO MAY APPLY TO THE PRESIDENTIAL CLEMENCY
BOARD PRIOR TO 31 JANUARY 1975 FOR AN EXAMINATION OF THEIR CASE
THE BOARD WILL BE EMPOWERED TO RECOMMEND TO THE PRESIDENT THAT
A CLEMENCY DISCHARGE BE ISSUED AND TO QUALIFY SUCH RECOMMENDATION
WITH A REQUIREMENT FOR ALTERNATE SERVICE IN APPROPRIATE CASES. THE
MILITARY DEPARTMENTS WILL NOT PARTICIPATE EITHER IN THIS REVIEW
PROCESS OR IN MONITORING PERFORMANCE OF ALTERNATESERVICE. THE
FOREGOING SHALL NOT PLY TO CASES INVOLVING INDIVIDUALS WITH
OFFENSES IN APDIT.. 0 THOSE LISTED IN PARAGRAPH 2."
3. IN PARAGRAPH SOUTHETE THE WORD "SUPPLEMENTARY".
ET
ACTION ADDRESS
COB 0443
INFORMATION
GERALD R.FORD LIBRARY
PAGE 01
NOLASS
1821352 SEP 74
RUSADWO 0
*
UNCLASSIFIED
*
DEPARTMENT OF ARMY
PENTAGON TELECOMMUNICATIONS CENTER
CDSN = SCD767
MCN = 74261/03389
TOR = 742612338
PTTUZYUW RUEADWD1773 2612314-UUUU--RUEAPPP.
ZNR 00000
P 182210Z SEP 74
FM DA WASHDC //DAPE-HR//
TO RUCLAIA/CDR, TRADOC FT MONROE VA
INFO RUWTFHA/CMDT, USDB, FT LEAVENWORTH, KS
BT
UNCLAS
SUBJ: RELEASE FROM CONFINEMENT PURSUANT TO APPLICATION TO
PRESIDENTIAL CLEMENCY BOARD
A. DA MSG DTD 162351Z SEP 74, SUBJ; RETROACTIVE APPLICATION OF THE
PRESIDENT'S PROGRAM FOR MILITARY DESERTERS
1. THE RECORDS OF ALL ARMY INMATES AT THE USDB SHOULD BE
SCREENED TO DETERMINE THOSE INDIVIDUALS WHO ARE PRESENTLY
IN CONFINEMENT SOLELY UPON CONVICTION FOR THE OFFENSES OF
DESERTION (ARTICLE 85, UCMJ), AWOL (ARTICLE 86, UCMJ),
MISSING MOVEMENT (ARTICLE 87, UCMJ), OR OTHER PURELY MILITARY
OFFENSE DIRECTLY RELATED THERETO, IF THE LAST SUCH OFFENSE
WAS COMMITTED DURING THE PERIOD 4 AUGUST 1964 THROUGH 28 MARCH
1973. THOSE INDIVIDUALS ARE ELIGIBLE TO PETITION THE
PRESIDENTIAL CLEMENCY BOARD, OLD EXECUTIVE OFFICE BUILDING,
THE WHITE HOUSE, WASHINGTON, D.C. 20500, FOR EXECUTIVE
CLEMENCY UNDER THE EXECUTIVE ORDER OF SEPTEMBER 16, 1974
"ESTABLISHING A CLEMENCY BOARD TO REVIEW CERTAIN CON-
VICTIONS OF PERSONS UNDER SECTION 12 OR 6(J) OF THE
MILITARY SELECTIVE SERVICE ACT AND CERTAIN DISCHARGES
ISSUED BECAUSE OF, AND CERTAIN CONVICTIONS 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."
2. ELIGIBLE INDIVIDUALS, AS DETERMINED IN PARAGRAPH 1
ABOVE, SHOULD BE INFORMED OF THEIR ELIGIBILITY TO APPLY FOR
EXECUTIVE CLEMENCY AND THAT THEY WILL BE RELEASED FROM
CONFINEMENT ON TEMPORARY HOME PAROLE IAW PARAGRAPH 3-5, AR 190-
4, UPON THEIR SUBMISSION OF AN APPLICATION TO THE PRESIDENTIAL
CLEMENCY BOARD. PENDING RECEIPT OF DETAILED INFORMATION
FROM THE PRESIDENTIAL CLEMENCY BOARD REGARDING THE FORMAT FOR
APPLICATIONS, USE OF THE FOLLOWING FORMAT IS SUGGESTED:
"PRESIDENTIAL CLEMENCY BOARD
PAGE 01
UNCLASSIFIED
32
182210Z SEP 74
RUEADWD /1773
**
UNCLASSIFIED
DEPARTMENT OF ARMY
PENTAGON TELECOMMUNICATIONS CENTER
OLD EXECUTIVE OFFICE BUILDING
THE WHITE HOUSE
WASHINGTON, D. C. 20500
GENTLEMEN:
I WAS TRIED BY A (TYPE)
COURT-MARTIAL AT (PLACE)
ON (DATE). I WAS CONVICTED OF (STATE ALL OFFENSES AND
DATES). THE COURT-MARTIAL SENTENCED ME (TO BE DISCHARGED
FROM THE SERVICE WITH A (TYPE OF DISCHARGE) DISCHARGE), TO
BE CONFINED AT HARD LABOR FOR
(YEARS) (MONTHS),
(TO FORFEIT ALL PAY AND ALLOWANCES) (TO FORFEIT
PAY
PER MONTH FOR (NUMOER) MONTHS), (AND TO BE REDUCED TO
(STATE RANK AND GRADE TO WHICH REDUCED).
(THE CONVENING AUTHORITY APPROVED MY SENTENCE ON (DATE). )
(IN HIS ACTION ON (DATE) THE CONVENING AUTHORITY APPROVED
ONLY so MUCH OF THE SENTENCE AS PROVIDES FOR (SET FORTH
ACTION OF CA).) (THE CONVENING AUTHORITY HAS NOT TAKEN
HIS INITIAL ACTION IN MY CASE). I HEREBY REQUEST THAT
THE PRESIDENTIAL CLEMENCY BOARD REVIEW MY CASE, AND URGE
THAT THE BOARD RECOMMEND CLEMENCY TO THE PRESIDENT.
THIS INITIAL REQUEST FOR CLEMENCY IS SUBMITTED IN ORDER
THAT THE CLEMENCY BOARD MAY CONSIDER MY CASE AT ITS
EARLIEST CONVENIENCE. IF ADDITIONAL INFORMATION IS
REQUIRED, OR A SPECIFIC PROCEDURE FOR APPLYING TO THE
BOARD IS ESTABLISHED, PLEASE CONTACT ME AT MY PERMANENT
HOME ADDRESS: (SET FORTH PERMANENT HOME ADDRESS). 1
FURTHER REQUEST THAT AN INFORMATION COPY OF ALL CORRES-
PONDENCE BE PROVIDED TO THE COMMANDANT, U.S. DISCIPLINARY
BARRACKS, FORT LEAVENWORTH, KS 66027.
SINCERELY,
(NAME, RANK, SSAN)"
THE APPLICANT SHOULD ALSO BE ADVISED OF HIS RIGHT TO
INCLUDE ANY OTHER STATEMENT HE WISHES IN HIS APPLICATION.
3. INDIVIDUALS RELEASED ON TEMPORARY HOME PAROLE AS
A RESULT OF THIS PROGRAM SHOULD BE RELEASED INITIALLY FOR
A 30-DAY PERIOD, THOSE RELEASED SHOULD BE ADVISED, HOWEVER,
THAT THE PERIOD OF TEMPORARY HOME PAROLE MAY BE EXTENDED
TELEPHONICALLY FOR ADDITIONAL 30-DAY PERIODS AS REQUIRED
FOR THE BOARD TO COMPLETE ITS ACTION UPON AN APPLICATION.
THE INDIVIDUAL RELEASED SHOULD BE ADVISED EITHER OF THE
TOLL-FREE NJMBER WHICH HE MAY TELEPHONE, OR OF THE NUMBER
WHICH HE MAY CALL COLLECT, FOR AN EXTENSION OF HIS PERIOD
PAGE 02
*
UNCLASSIFIED
#
182210Z SEP 74
RUEADWD/1773
*
UNCLASSIFIED
#
DEPARTMENT OF ARMY
PENTAGON TELECOMMUNICATIONS CENTER
OF PAROLE.
4. IF AN INDIVIDUAL DOES NOT WISH TO APPLY TO THE
CLEMENCY BOARD, HE SHOULD BE REQUIRED TO EXECUTE A
STATEMENT TO THAT EFFECT, ACKNOWLEDGING THAT HE MAY CHANGE
HIS MIND AND SUBMIT AN APPLICATION AT ANY TIME PRIOR TO
31 JANUARY 1975.
5. IT IS REQUESTED THAT YOU ALSO SCREEN YOUR RECORDS TO
DETERMINE THE NAME OF EVERY INDIVIDUAL WHO HAS BEEN
RELEASED FROM CONFINEMENT ON EXCESS LEAVE TO AWAIT COMPLETION
OF APPELLATE REVIEW AND SUBSEQUENT EXECUTION OF A PUNITIVE
DISCHARGE. EACH SUCH INDIVIDUAL WHO WAS CONVICTED OF AN
OFFENSE AS SPECIFIED IN PARAGRAPH 1 ABOVE, SHOULD BE ADVISED
OF HIS RIGHT TO PETITION THE PRESIDENTIAL CLEMENCY BOARD
PRIOR TO 31 JANUARY 1975 FOR REVIEW OF HIS CASE. A COPY
OF THAT LETTER MUST BE PLACED IN THE 201 FILE OF EACH
INDIVIDUAL so ADVISED.
BT
ACTION ADDRESSEES
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INFORMATION ADDRESSEES
002 DAJA
00005 TOTAL NUMBER OF COPIES REQUIRED
#1773
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*
UNCLASSIFIED
*
182210Z SEP 74
RUEADWD/1773
something
(DA Memo 340-13)
TO
FOR
FROM
DCSOPS
CORC
CLL
1
APPROVAL
AGENCY
TELEPHONE
DCSPER
ACSFOR
SIGNATURE
ODCSPER
56361
DCSLOG
ACSI
1
CHIEF OF STAFF
COORDINATION
CONTACT OFFICER
COA
ACSC-E
SECRETARY OF THE ARMY
CRD
TAG
S OF A
LTC Johnson
REFERENCE SYMBOL
SUBJECT
Implementation Guidance, Disposition of
DATE
DAPE-HRL
Deserters Returned to Military Control Under
18 SEP 1974
Presidential Program of Reconciliation
IMPLICATIONS (implications checked are involved in
ARMY PROGRAM
MANPOWER
SECURITY
this action, are discussed below or in a separate inclo-
X
CONGRESSIONAL
aure, and have been considered in final recommendation.)
X
BUDGET
X
PUBLIC RELATIONS
X
MORALE
X
LEGAL
NONE
PURPOSE To forward a proposed LOI to implement the President's Proclamation of
Clemency for U.S. Army deserters.
DISCUSSION.
1. The unique and sensitive nature of the President's Proclamation requires
the establishment of specific policy to ensure that implementation will be both
within the law and in keeping with the spirit of the Proclamation.
2. The concept and responsibilities for program implementation are contained
on pages 1-3 of the cover letter at Red Tab A.
3. The proposed LOI has been coordinated with OCLL, OASA (M&RA), and Office of
the Army General Counsel.
"COMMENDATION: That CSA approve the proposed LOI at Red Tab A.
COORDINATION:
DCSLOG - Concur LTC Cofani
TSG-Concur, LTC EllingsonCAR-Concur, COL Williams
COA-Concur, LTC Brown
TJAG-Concur, COL Tenhet OCE-Concur, LTC McMuller
ACSI-Concur, LTC Watson
TIG-Concur, LTC
DCSOPS - Concur, LTC Fields
TAG-Concur, COL Minix
NGB-Concur ,Mr. Christianson HIII
MILPERCEN-
Concur,
CCH-Concur LTC Alexander
CINFO
-Concur, COL Chase
LTC Barnhart
FOR THE DEPUTY CHIEF OF STAFF FOR PERSONNEL:
M.C.Rodd M. C. ROSS
1 Incl
as
Major General, GS
Director of Human Resources
FORD i LIBRARY GERALD
Development
APPROVED . OSSA
18 SEP 1374
Willindant WILLIAM
bank
LTC, 03
Director
of to
DAS
FORM
28
1 AUG 3
REPLACES EDITION OF 1 APR as WHICH WILL BE USED UNTIL EXHAUSTED
DEPARTMENT OF THE ARMY
HQDA Ltr
OFFICE OF THE ADJUTANT GENERAL
WASHINGTON. D.C. 20310
STATES
REPLY TO
ATTENTION OF:
DAPE-HR DAAG-AMO-P
18 September 1974
SUBJECT: LOI - Implementation of Presidential Proclamation No. 4313,
16 September 1974
SEE DISTRIBUTION
1. References:
a. Presidential Proclamation #4313 (Annex A).
b. Memorandum, OSD, 17 September 1974, subject as above (Annex B).
c. DA Message 161901Z Sep 74
2. PURPOSE. To provide policy guidance on the President's Program for
the return of Army deserters.
3. GENERAL. In order to provide an opportunity for deserters to work
their way back into American society, the President has announced a
program of clemency. The Secretary of the Army desires that the program
be fully supported in the spirit as well as the letter of the proclamation.
The Army will establish a Joint Clemency Processing Center at Fort
Benjamin Harrison, Indiana, 46216, to be used by all services. Each
military service will establish its own clemency processing unit at Fort
Benjamin Harrison.
4. CLEMENCY PROGRAM.
a. ELIGIBLE PERSONNEL: All individuals who are carried administratively
as deserters (i.e. in an AWOL status for a period longer than 30 days)
and who meet the following criteria are eligible under the President's
Proclamation.
(1) The last period of absence began on or between the dates of 4
August 1964 and 28 March 1973.
(2) There are no military charges pending for crimes other than
violation of the UCMJ, Articles 85, 86, and 87 or other pending military
offenses directly related thereto.
DAPE-HR DAAG-AMO-P
SUBJECT: LOI - Implementation of Presidential Proclamation No. 4313,
16 September 1974
b. PROCEDURES FOR RETURN TO MILITARY CONTROL:
(1) The deserter will be encouraged to make initial contact with the
U.S. Army Clemency Information Point (USACIP), FT Benjamin Harrison by
registered mail to determine his eligibility for the Program. A reply
will be sent indicating his eligibility and with reporting instructions
if he is eligible. If he is not eligible, he will be told why (e.g.,
his date of desertion is other than the required period/he has other
charges pending) and receive instructions on how to return to military
control under the normal procedures.
(2) In the event the deserter turns himself in at an Army installation/
activity, the personnel at the installation/activity will contact the
USACIP by phone to determine eligibility. If eligible, the individual will
receive reporting instructions. If not, he will be processed IAW the
present system.
(3) At no time will the deserter who is eligible for the Program
be placed under guard or in confinement unless he commits an offense
subsequent to his return to military control.
5. INDIVIDUAL OPTIONS.
a. Eligible enlisted deserters will be given the opportunity to
request discharge for the good of the service.
b. Enlisted deserters will also be given the opportunity to apply
for and in certain cases be restored to duty.
C. Eligible officer deserters will be given the opportunity to tender
a resignation in lieu of trial by court-martial. All such tendered
resignations will be accepted.
d. Any deserter who refuses to accept the terms of the President's
Program will be processed in accordance with the present system.
6. ALTERNATE SERVICE. The required period of alternate service will be
determined by the Joint Alternate Service Board on a case by case basis,
at FT Benjamin Harrison. After the individual successfully completes his
alternate service, he will be entitled to receive a Clemency Discharge
Certificate.
7. RETROACTIVE APPLICATION (See Annex D).
2
DAPE-HR
DAAG-AMO-P
SUBJECT: LOI - Implementation of Presidential Proclamation No. 4313,
16 September 1974
8. RESPONSIBILITIES.
a. DCSPER, DA will exercise staff supervision of the President's
Program.
b. Commander, TRADOC will administer the Joint Clemency Processing
Center at FT Benjamin Harrison.
c. Commanders, FORSCOM, US Army Communications Command and Health
Services Command will support Commander, TRADOC as required.
d. Commander, US Army Intelligence Agency. See Annex E.
e. CDR, MILPERCEN will maintain a program monitoring point within
US Army Enlisted Records Center (USAERC) on a 24 hour basis, to:
(1) Respond to inquiries from the field concerning the initial
processing of individuals eligible for participation in the program,
prior to the individual's movement to the Clemency Processing Center.
(2) Maintain statistical data on individuals in the program, for HQDA.
(3) Submit end of month status report to DAPE-HR no later than the
8th of the following month (for format see Inclosure 3 to Annex B).
g. The Commander, FT Benjamin Harrison, Indiana, is hereby authorized
to accept resignations and accomplish discharges of all eligible members
under this program. An eligible member who satisfies the procedural
requirements of this program may be immediately discharged under other
than honorable conditions notwithstanding the current directives and
regulations concerning administrative discharges and resignations issued
by the Department of the Army.
9. DETAILED GUIDANCE.
A. Direct coordination between CDR, TRADOC and Program representatives
from the US Navy, US Marine Corps, and US Air Force is authorized.
b. See Annexes
BY ORDER OF THE SECRETARY OF THE ARMY:
JCP+
Brigadier General, USA
9 Incls
Acting The Adjutant General
1. Annex A - Presidential Proclamation No. 4313
2. Annex B - Secretary of Defense Memorandum, 16 Sep 74
DAPE-HR
DAAG-AMO-P
SUBJECT: LOI - Implementation of Presidential Proclamation No. 4313,
16 September 1974
3. Annex C - Personnel
4. Annex D - Retroactive Application
5. Annex E - Intelligence
6. Annex F - Law and Order
7. Annex G - Information
8. Annex H - Joint Alternate Service Board
9. Annex I - Procedures to Recognize Alternate Service (to be published).
DISTRIBUTION:
OFFICE, SECRETARY OF THE ARMY
HQDA (DAAG-ZA)
HQDA (DAAR-ZA)
HQDA (DACH-ZA)
HQDA (DACS-ZA)
HQDA (DACA-ZA)
HQDA (DAEN-ZA)
HQDA (DAIO-ZA)
HQDA (DAIG-ZA)
HQDA (DAMI-ZA)
HQDA (DAJA-ZA)
HQDA (DALO-ZA)
HQDA (DAMH-ZA)
HQDA (DAMO-ZA)
NGB-ZA
HQDA (DAPE-ZA)
HQDA (DAPC-ZA)
HQDA (DAMA-ZA)
HQDA (DASG-ZA)
COMMANDERS IN CHIEF
US ARMY EUROPE AND SEVENTH ARMY
US ARMY PACIFIC
US ARMY FORCES READINESS COMMAND
COMMANDERS
US ARMY AIR DEFENSE COMMAND
US ARMY TRAINING AND DOCTRINE COMMAND
US ARMY FORCES COMMAND
US ARMY MATERIEL COMMAND
US ARMY SECURITY AGENCY
US ARMY COMMUNICATIONS COMMAND
US ARMY INTELLIGENCE AGENCY
MILITARY TRAFFIC MANAGEMENT COMMAND
US ARMY MILITARY DISTRICT OF WASHINGTON
US ARMY HEALTH SERVICES COMMAND
US ARMY CRIMINAL INVESTIGATION COMMAND
US ARMY AND AIR FORCE EXCHANGE SERVICE
US ARMY RECRUITING COMMAND
US ARMY KOREA
US ARMY JAPAN
US ARMY THAILAND
SUPERINTENDENT
US MILITARY ACADEMY
4
ANNEX A
PRESIDENTIAL PROCLAMATION NO. 4313, 16 Sep 1974
GERALD
ANNEX A
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 4313
The United States withdrew the last of its forces from the Republic
of Vietnam on March 28, 1973.
In the period of its involvement in armed hostilities in Southeast
Asia the United States suffered great losses. 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; in-
vestigated or still sought for violations of the Military Selective
Service Act or of the Uniform Code of Military Justice -- remains un-
resolved.
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 agreement to a period
of alternate service in the national interest, together with an acknow-
ledgement 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 for or submit to, or complete service
A-1
under Section 6 (1) 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.
(ii) executes an agreement acknowledging his allegiance to the United
States and pledging to fulfill a period of alternate service under
the auspices of the Director of Selective Service, and
(11i) 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 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. (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 agreement 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 cir-
cumstances.
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
FOR
has been reached in accordance with law.
A-2
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 notwith-
standing.
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: (i) those who
have been convicted of draft evasion offenses as described above, (ii)
those who have received a punitive or undesirable 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
A-3
ANNEX B
SECRETARY OF DEFENSE MEMO 17 Sep 74
FO
SERALD
THE SECRETARY OF DEFENSE
WASHINGTON. D.C. 20301
SEP 17 1974
MEMORANDUM FOR The Secretaries of the Military Departments
SUBJECT: Implementation of Presidential Proclamation No. 4313
of September 16, 1974
For the purpose of implen Transitiential Proclamation No. 4313
of September 16, 1974, the following instructions are provided:
1. Return to Military Control
a. Military absentees seeking the benefits of the President's
program will be required to return to military control as
a condition of participation.
b. The Secretaries of the Military Departments will establish
and announce procedures whereby absentees may make
initial contact with military authorities by mail or telephone
to establish their eligibility for .the program and obtain
reporting instructions.
2. Centralized Clemency Processing Center
a. The Secretary of the Army shall designate a centralized
Clemency Processing Center to be utilized by all Services.
The Army will provide facilities, medical, communica-
tions and logistic support for all Services on a reimbursable
basis.
b. Each Military Service will establish a Clemency Processing
Unit at the site designated by the Secretary of the Army
which will be responsible for the administrative processing
of its own returnees.
B-1
FORD & LIBRARY GERALD
3. Returnee Processing
a. An enlisted member who meets the cligibility criteria
established in the Proclamation (Enclosure 1) will be
provided the opportunity to request discharge for the
good of the service in accordance with the provisions
of DoD Directive 1332. 14 (Paragraphs VII. K. and VIII. D. 5).
The minimum requ customs JOI the issuance of such a
discharge under iiiis prog an will be in accordance with
DoD Directive 1332.14, as follows:
(1) The member submits a resignation or a request for
a dischårge for the good of the service;
(2) The member's prior conduct, which is the basis of
his eligibility for the program, renders him triable
by court-martial under circumstances which could
lead to a punitive discharge.
(3) No formal charges and specifications will be necessary,
but. the member must be advised that his prior conduct
is characterized as a willful and persistent unauthorized
absence;
(4) The member has been afforded an opportunity to consult
counsel and certifies in writing his understanding that :
he will receive a discharge under other-than-honorable
conditions and that he understands the adverse nature of
such a discharge and the possible consequences thereof.
The request for discharge will specifically indicate that,it
is submitted pursuant to the Presidential Proclamation. All
requests submitted by eligible members will be approved.
The separation will be under conditions other than honorable
unless otherwise directed. (See Paragraph V. A.5., DoD
Directive 1332. 14).
FORD & LIBRARY OFRALD
B- 2
b. Officer and warrant officer personnel who mect the cligibility
criteria established in the Proclamation will be provided the
opportunity to tender a resignation in licu of trial by court-
martial. The letter of resignation will indicate that it is
submitted pursuant to the Presidential Proclamation.
The minimum requirements for. the acceptance of a resigna-
tion under this program will be as follows:
(1) The member's prior conduct, which is the basis of his
eligibility for the program, renders him triable by court-
martial unde:
which could lead to a dis-
missal;
(2) No formal charges and specifications will be necessary,
but the member must be advised that his prior conduct
is characterized as a willful and persistent unauthorized
absence;
(3) The member has been afforded an opportunity to consult
counsel and certifies in writing his understanding that
hc will be separated under other-than-honorable conditions
and that he understands the ådverse nature of such a sepa-
ration and the possible consequences ther eof.
All resignations meeting the foregoing requirements which are
submitted by eligible officers and warrant officers will be
approved. The separation will be under conditions other than
honorable unless otherwise directed by the Secretary concerned.
C. Members eligible for participation in this program who are
currently awaiting trial will be provided the opportunity to
request discharge or tender a resignation as appropriate.
Any such member who is in confinement will be released
therefrom.
B-. 3
DERALD FORD LIBRARY
d. Members returning to military control and who are eligible to
participate in the program will not be placed in confinement.
4. Former members nunitively discharged pursuant to sentence
of a court-martial or separated with an undesirable discharge
Former members who:
- have been dismissed from the service or discharged with
a dishonorable
discharge pursuant to the
sentence of a court-martiãl imposed upon conviction of
an absentee offense (10 U.S. C. $ 885, 886, and SS7) or
other purcly military offense directly related thereto
committed during the qualifying period, or
- were separated with an undesirable discharge based on an
act or acts committed during the qualifying périod which
rendered the member subject to trial by court-martial
for an absentee offense (10 U.S.C. 885, 886, and 887)
or other purely military offense directly related thereto
may apply to the Presidential Clemency Board prior to
31 January 1975 for an examination of their case. The Board
will be empowered to recommend to the President that a
Clemency Discharge be issued and to qualify such recommen-
dation with a requirement for alternate service in appropriate
cases, The Military Departments will not partici pate either
in this review process or in monitoring performance of alter-
nate service.
5. Members or former members serving a sentence to confinement
A member or a former member serving a sentence to confinement
based upon conviction of an absentee offense (10 U. S. C. $ 885,
886, and 887) committed during the qualifying period or other
purely military offense directly related thereto may apply to
the Presidential Clemency Board prior to 31 January 1975 for
an examination of his case. The Board will be empowered to
DERMLD FORD LIBRARY
B-4
recommend clemency in such cases. Where a member or
former member makes such an application, and where his
sentence to confinement is based solely on qualifying offenses,
his sentence to confinement should be suspended pending the
Board's review.
6. Alternate Service
a. The period of alternate service for military members who
apply under the President's program will be determined in
individual cases by the Secretary of the Military Department
concerned or his designee The period will be indicated in
the agreement signed by inc individual as a condition of
eligibility for the President's program. The period of alter-
nate service will normally be twenty-four (24) months, but
may be reduced in appropriate cases. Factors which will
be considered in determining the existence of an appropriate
case are as follows:
(1) length of satisfactory service completed prior to absence
(2) length of service in Southeast Asia in hostile fire zone
(3) awards and decorations received
(4) wounds incurred in combat
(5) nature of employment during the period of absence
(6) such additional guidelines as experience indicates
appropriate and which are promulgated by future
memorandums
b. Members separated under this program will be notified that
they must report to their State Director of Selective Service
within 15 days of the date of receipt of discharge to arrange
for performance of alternate service.
7. Members against whom other offenses are pending
Members who would otherwise be cligible for consideration under
the Proclamation, but against whom other offenses under the
GERALD FORD LIBRARY
B- 5
Uniform Code of Military Justice arc pending, will not be
eligible to participate in the foregoing programs until the
final disposition of such other offenses in accordance with
the law and Service regulations.
8. Members who fail to meet the eligibility criteria
Members who fail to meet the eligibility criteria or fail or
refuse to execute the required decuments, or decline to
submit requests for discharge or letters of resignation, as
appropriate, remain subject to trial by court-martial or
administrative dispossion ccordance with existing law
and regulation.
9. Records and accounting
a. Statistical records accounting will be accomplished in
accordance with the provisions of DoD Directive 5000. 12M,
Manual for Standard Data Elements, 1 March 1970, as
changed. The appropriate computer designators for Separa-
tion Type and the specific Separation Reason as noted below
will be entered on Service retained copies of DD Form 214.
The reason for separation shall be "Separation for the good
of the service by reason of a willful and persistent unauthor-
ized absence, pursuant to Presidential Proclamation No. 4313
abbreviation SEP-PRES PROC, data code NL. The copy
for Veterans Administration and the Selective Service System
will contain only the narrative type of separation and reason
for separation. All copies of the DD Form 214 will have
entered in the remarks section the following statement:
"Subject member has agreed to serve
months alternate
service pursuant to Presidential Proclamation No. 4313. "
Those military services which have not implemented Change 10
to DoD Directive 5000. 12M will establish appropriate documen-
tation and accounting procedures consistent with the respective
type of separation and the exact wording of the reason for
separation.
b. Military Departments will establish procedures to recognize
the alternate service by issuance of the Clemency Discharge
certificate DD Form 1953 (Enclosure 2) which is established
FORD
GERALD
LIBRARY
B-6
by this memorandum pursuant to Presidential Proclamation No.
Such certificates will be issued only upon receipt of certifica-
tion of satisfactory completion of alternate service by the
Selective Service System. Procedures should also include
issuance of a DD Form 215, "Correction of DD Form 214,
Armed Forces of the United States Report of Transfer or
Discharge, " reflecting the reason for separation as stated
above and noting the issuance of the DD Form 1953 (Enclosure 2
The DD Form 215 should be included in the master inilitary
personnel record.
c. Service Secretaries will submit reports on a monthly basis
at the end of each calendar month to OASD(M&RA)(MPP) by
the 10th of the following month. Reports will include infor-
mation specified in Enclosure 3.
10. Public Affairs Guidance
Because of the overriding national interest in the President's
announcement on clemency procedures for draft evaders and
military deserters, the Assistant Secretary of Defense (Public
Affairs) is responsible for direction and coordination of all
public affairs activities concerning deserters, discharges and
clemency. Maximum information will be disseminated to the
public while at the same time giving due consideration of the
rights of the individual. The Clemency Processing Center
(CPC) will be manned by repr esentatives of all the Military
Departments, and the CPC information chief will report
directly to the ASD(PA) for all public affairs matters.
Public affairs guidance, recomimendations and accompanying
Service implementing instructions to all commands, will be
coordinated in advance with OASD(PA).
James R.
Enclosures
B- 7
aciosure 1
Conditions of Eligibility Pursuant to Presidential Proclamation No. 4313
1. Unauthorized absence in violation of Article 85, 86, or 87,
or other purely military offense directly related thereto under the
Uniform Code of Military Justice, commenced during the period
August 4, 1964, through March 28, 1973.
2. Other pending offenses under the Uniform Code of Military
Justice have been finally disposed of in accordance with law.
3. The member reported to military authorities in a manner
prescribed by the Military Department concerned not later than
31 January 1975.
4. The member has executed a statement or statements reaffirming
his allegiance and pledging to perform a specified period of alt-rnate
service.
Attached to this enclosure are form statements for use by the Military
Departments in securing the reaffirmation of allegiance, admission of
absence, and pledge to perform alternate service. These forms may
be modified or combined with other documents for ease of administration
provided the substantive content is retained.
B-8
FORDO i LIBRARY GERALD
Attachment to Enclosure 1
PLEDGE TO COMPLETE ALTERNATE SERVICE
On or about
,
I voluntarily absented myself from
my military unit without being properly authorized in contravention of
the oath taken upon entering the nation's military service. Recognizing
that my obligations as a citizen remain unfulfilled, I am ready to serve
in whatever alternate service my country may prescribe for me, and
pledge to faithfully complete a period of
months service.
REAFFIRMATION OF ALLEGIANCE
do hereby solemnly reaffirm my
allegiance to the United States of America. I will support, protect and
defend the Constitution of the United States against all enemies, foreign
and domestic; and will hereafter bear true faith and allegiance to the
samè.
I take this obligation freely without any mental reservation or
purpose of evasion.
FORD & LIBRARY GERALD
B-9
CLEMENCY DISCHARGE
FROM THE ARMED FORCES OF THE
UNITED STATES OF AMERICA
THIS IS TO CERTIFY THAT
WAS DISCHARGED FROM THE
UNITED STATES
ON THE
DAY OF
THIS CERTIFICATE IS ISSUED ON THE
DAY OF
IN RECOGNITION OF SATISFACTORY COMPLETION OF ALTERNATE
SERVICE PURSUANT TO PRESIDENTIAL PROCLAMATION NO. 4313
SEPTEMBER
1974.
GERALD R.FORD LIBRARY
DD 1001 FORM 14 1953
B-10
REPORTING REQUIREMENTS
I. Number of applicants for President's Program
A. Number accepted and processed
1. type of separation (Manual for Standard Data Elements)
2. character of discharge
3. length of alternate service
a. None
b. 6-12
c. 13-18
d. 19-24
4. race/ethnic group (Manual for Standard Data Elements)
5. date of absence by year.
B. Number pending
C. Number not accepted
1: Reason not accepted
a. Offense not within period
b. Other offenses pending
c. Failed to execute required statements
d. Other
1.2
2. Disposition
a. Referred to trial by court-martial (GCM, SPCM, Summary)
b. Administrative separation
c. Article 15
FORD i LIBRARY 976839
B-11
d. Reprimand
e. No action/returned to duty
f. Other
D. Number processed in medical channels
II. Number of absentees from the period 4 August 1964 to 28 March 1973
who return to military control but do not apply for President's Program
GERALD R FORD LIBRARY
B-12
ANNEX C
PERSONNEL
1. General. Individuals returning will be in varying stages of dress
and grooming. Although attitudes and verbal expressions may be anti-
military in nature, military personnel will be courteous and tolerant
to the extreme. Additional charges of misconduct for minor offenses will
not be brought against individuals during the acceptance and processing
period. Care will be exercised to insure that the rights of the Program
participants are protected.
2. Eligibility. The offer of clemency is extended to individuals
who deserted during the period cited. The only offenses to be included
under the program are desertion, absent without leave (AWOL) or missing
movement (Articles 85, 86, and 87 of the Uniform Code of Military Justice
and other purely military offenses directly related thereto), Other
offenses will be disposed of pursuant to the Uniform Code of Military
Justice; however, the appropriate convening authority may elect to dismiss
all other charges and allow the individual to participate in the President's
program. If the other charges are not dismissed, and the individual is
to be tried by court-martial, he may be tried for all offenses, to include
the desertion, AWOL, or missing movement. The convening authority may
also elect to process the individual for an administrative discharge,
under current procedures, rather than proceed to trial by court-martial.
The Presidential offer extends through 31 January 1975,
3. Options. An individual who inquires, either by mail or by reporting
to the military/other U.S. government authorities, as to his status con-
cerning eligibility for program participation will be given the following
options:
a. If eligible, separation from the Army with an undesirable discharge
for enlisted members and resignation in lieu of trial by court-martial
for officers (see Appendix 2, Separations), and when requested, consider-
ation of enlisted members for restoration to active duty (see Appendix 3,
Restoration).
b. If ineligible, e.g., faces other charges, resolution of all charges
will be in accordance with existing procedures.
4. Identification of Deserters and Their Status.
a. CDR, MILPERCEN, in conjunction with TAGCEN and other field operating
agencies will conduct a records screening to identify individuals who:
(1) are presently carried as deserters
(2) were carried as deserters but were discharged in absentia between
4 August 1964 and 30 March 1968,
FORD & LIBRARY GERALD
C-1
(3) were reserve component personnel at the time of desertion. A
list and machine record cards containing the names and personal identifiers
(including SSAN, date and place of birth) of each Army deserter who will.
be considered for participation in the program will be provided to USACIDC.
b. USACIDC, upon receipt of the machine record cards, will accomplish
records checks through the DOD investigative files, which include all
criminal files. USACIDC will prepare a Machine Records Listing reflecting
those individuals who are not subjects of Army criminal files requiring
further action, and a separate listing of those individuals who were
subjects of Army criminal investigations at the time of their desertion.
USACIDC will provide these listings and copies of CID and Military Police
case reports, if applicable to the CDR, USAERC, Fort Benjamin Harrison, IN.
c. The U.S. Army Clemency Information Point at the U.S. Army Enlisted
Records Center, Fort Benjamin Harrison, Indiana, 46249 will provide the
status of eligibility of individuals for participation in the program to
military/U.S. Government activities world-wide. The Center will respond
to telephonic inquiries 24 hours per day for the duration of the program
(Autovon 699-3417; Commercial 317-542-3417). In the case of individuals
who wish to participate in the program and who call directly to, the
Clemency Information Point, written confirmation of their eligibility will
be immediately mailed to the individual.
d. CDR, MILPERCEN will provide USACIDC a listing of those individuals
who return to military control. This information will be used to delete
entries from the National Crime Information Center Computer and to document
disposition of offender information on those investigations which have
not been adjudicated or finalized.
5. Medical.
a. At the central processing center, a type "A" Medical Examination
will be given to each returnee as prescribed by Chapter 10, Appendix IV,
AR 40-501. The original copy of the medical examination will be made a
permanent part of the member's personnel record. The examining facility
will retain a duplicate copy of reports for a period of one year.
b. It is essential that during the conduct of the medical examination
prior to separation of persons. requesting reconciliation, a determination
be made as to whether or not a disabling condition was incurred or
service aggravated while the member was entitled to basic pay. These
determinations must be made and completely processed at the time of
separation to preclude the costly and time-consuming future application
to Army Board of Correction of Military Records (ABCMR) for medical
disabilities.
c. Individuals identified as drug dependent will not be afforded the
30-day treatment program IAW, DA Circular 600-85 unless specifically
requested.
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d. Returnees will remain under the control of the processing center
commander (administrative channels) unless admitted to a medical treatment
facility for disposition through medical channels,
e. Dental care will be provided returnees as prescribed by Chapter 10,
AR 40-3. The following considerations relative to the degree of entitlement
will apply: degree of acuteness of conditions for which treatment is sought
or provided; the probable degree of impact on the Army's mission effective-
ness; and age-related disease susceptibility.
6. Uniform and Appearance. Individuals participating in subject program
who elect discharge will not be required to wear the military uniform or
conform to military standards of dress and appearance during the processing
period. Therefore, as an exception to AR 700-84, these individuals will
not be issued military clothing unless it is determined that the individual
does not possess adequate personal clothing to insure maintenance of his
basic health and welfare. In those cases so determined, a temporary
issue of clothing will be made UP AR 700-14. Clothing so issued will be
recovered at the time the discharge procedure is completed, Those personnel
who are accepted for restoration, or who remain under military control
beyond the processing period for resolution of charges will be issued
clothing UP AR 700-84 and will comply with existing uniform and appearance
regulations.
7. Processing Procedures.
a. Military activity other than Ft Benjamin Harrison having initial
contact with returnee:
(1) Immediately contact the U.S. Army Clemency Information Point, Fort
Benjamin Harrison, Indiana, to determine status and eligiblity for participation
in the program. Individuals with letters of confirmation of eligibility
from the Joint Clemency Processing Center will be processed without contacting
the U.S. Army Clemency Information Point.
(2) Execute a new DA Form 41 (Record of Emergency Data) on each person
requesting participation in the program as soon as he returns to
military control. The form should be completed prior to movement to the
central processing center since there may be cause to notify the next of
kin of a change in status either while the person is enroute to the
processing center or during processing.
(3) Advise individual of eligibility.
(4) If individual is ineligible to participate in the program, and
he has presented himself to military authorities, he will be processed in
accordance with existing procedures.
(5) If individual is eligible, issue PCS orders using this letter as
authority and a Government travel request from the point that military control
was regained to Fort Ben amin Harrison, Indiana, for processing under the
Presidential Program of Clemency. The words "Returned to Military
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Control" and an effective date must be included in the orders. Movement
Designator Code ZAE5 will be used on all PCS orders and a Government
travel request. In addition, PCS orders will contain the following
statement: "Shipment of dependents and personal property is not authorized
by these orders".
b. Joint Clemency Processing Center (Fort Benjamin Harrison).
(1) For individuals seeking instructions, reply with appropriate letter
as at Appendix 1.
(2) Complete a new DA Form 41 "Record of Emergency Data" if not already
done and accomplish final physical evaluation.
(3) No eligible member who requests separation under the President's
Program may be referred for physical disability processing unless CDR,
Fort Benjamin Harrison, determines that the disability was the cause or
substantial contributing cause of the member's desertion, or that the
disability was a direct result of an injury, disease or wound sustained
in combat against the enemy.
(4) Provide counsel for each individual as to his rights and entitlements
under the clemency program prior to executing the statements. Group
counseling will suffice unless individual counseling is requested. However
both the returnee and the designated counsel must sign the request documents.
(5) Have individuals complete the statements required by the Presidential
Proclamation/SECDEF Memorandum (all members complete statement at Tab A,
Appendix 5. Enlisted also complete statement at Tab B and officer also
complete statement at Tab C).
(6) Have individual applying for restoration also complete application
at Tab D, Appendix 5.
(7) Process for:
a. Separation IAW Appendix 2, and upon member's request for restoration
IAW Appendix 3, or
b. Resolution of charges and separation IAW the UCMJ and current
procedures.
8. Travel and Transportation Entitlements.
GERALD FORD LIBRARA
a. Member travel will be determined as outlined in Appendix 4.
b. Travel of dependents and shipment of household goods will be deter-
mined as outlined in Appendix 4.
C. Under the current provisions of the Joint Travel Regulations (JTR),
which are based on law:
(1) Deserters themselves have no personal property shipping entitlements.
(2) Dependents who were with a member at the overseas duty station
from which he deserted may be provided transportation of personal property
under certain restricted circumstances (see Appendix 4).
(3) The benefits cited in (2) above cannot be extended to the
dependents of a member who deserted from a CONUS duty station.
(4) The point at which a deserter returns to military control, e.g.,
CONUS or overseas, has no bearing on shipping entitlements.
d. Following return to military control and subsequent discharge,
the personal property shipping entitlements of a former deserter will be
based on whether or not he was discharged under honorable conditions.
If honorable, shipping privileges will be the same as for any other
separated member of the same rank. However, if separation is under other
than honorable conditions, no shipping entitlement will exist.
e. A consolidated extract of appropriate entitlement regulation
policy statements is provided at Appendix 4 as a ready reference.
9. Finance and Accounting.
(1) The accounting classification normally used for return of deserters
is a cost-charge situation reimbursable by the individual to the government.
(2) Transportation costs from point of return to military control to
the separation point, except in those cases where the individual surrenders
himself to his former duty station from which he commenced unauthorized
absence, will be recouped up to, but not to exceed, the amount of pay and
allowances due the individual and will be reimbursed to the special
reimbursement account established (Appendix 6). In cases where transportation
costs exceed reimbursements, the excess costs will be absorbed. Individual
member transportation costs from separation point to home of record or
place of entry on active duty will be determined as outlined in Appendix 3.
(3) Installation Finance Offices, other than Fort Benjamin Harrison,
are not authorized to make partial payments of accrued pay and allowances
to returnees. Fort Benjamin Harrison Finance Office is authorized to
advance up to $30.00 in health and welfare payments,
(4) Fort Benjamin Harrison Finance Office will maintain summary cost
data on all MPA expenditure and reimbursement transactions related to pay
and allowances and PCS costs of personnel returning under the Program.
(5) Special accounting procedures for travel costs and recoupments
are contained in Appendix 6.
GERALD FORD LIBRARY
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b. OMA Costs.
(1) Commands will absorb, incremental costs within existing fund
availability. Costs incurred from inception will be tracked for reimburse-
ment purposes. Formal and additional guidance on reporting reimbursable
costs will be forwarded separately.
(2) If required, payment for materiel or services furnished by the Indiana
National Guard at Camp Atterbury, Indiana, will be accomplished under the
automatic reimbursement procedures shown in AR 37-108. Transactions must be
preceded by an agreement between TRADOC (for the Department of the Army)
and the State Adjutant General for Indiana (for the Indiana National Guard).
The agreement will be in writing and should be specific as to materiel
or services to be furnished, rates or estimated rates to be charged,
method of financing and address of office which will make payment. Depart-
ment of the Army will reimburse the Indiana Army National Guard for any
required maintenance, repairs and operational costs.
(3) UP AR 725-50, TRADOC will request a project code for the purpose
of documenting the requisitioning, accounting and movement of súpplies
and equipment required in support of the program.
6 Incl
Appendix 1 (Letters of Instruction/Notification)
Appendix 2 (Separation)
Appendix 3 (Restoration)
Appendix 4 (Entitlements)
Appendix 5 (Statements)
Appendix 6 (Finance and Accounting)
Appendix 7 (Religious Ministries and
Chaplain Support)
FO
GERALD
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Appendix 1 (Letter of Instruction/Notification) to Annex C (Personnel)
LETTERS OF INSTRUCTION/NOTIFICATION
1. Letter to individuals not eligible for participation in Program
(Tab A).
2. Letter to individuals eligible for participation in Program (Tab B) .
GERALD
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Tab A (Letter to individuals not eligible for participation) to Appendix 1
(Letter of Instruction/Notification) to Annex C (Personnel)
From: The Secretary of the Army
To:
Subject: Eligibility to participate in the Program established by
Presidential Proclamation 4313 of 16 September 1974.
Ref: (a) Your letter/telephone conversation of
1. Upon receipt of reference (a), your request to participate in the
program established by Presidential Proclamation 4313, a review of
your service records was conducted to determine whether or not you are
eligible to participate in the program. From this review, it appears
that you are not so eligible.
2. Your ineligibility for this program is due to the reason that
You are advised, therefore, that you will be processed in accordance
with current procedures and that you should return to military control.
Upon return you will be processed in accordance with current procedures,
which may include trial by court-martial.
BY ORDER OF THE SECRETARY OF THE ARMY:
CF:
CDR, MILPERCEN
ATTN: JCPC
Fort Benjamin Harrison, IN 46216
FD
is
GERALD
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Tab B (Letter to individuals eligible for participation) to Appendix 1
(Letter of Instruction/Notification) to Annex C (Personnel)
From: The Secretary of the Army
TO:
Subject: Participation in the program established by Presidential
Proclamation 4313, 16 September 1974
Ref: Your letter/telephone call of
1. By reference (a) you have requested to participate in the program
established by Presidential Proclamation 4313 of 16 September 1974. A
review of your service records indicates that you are eligible for this
program. Accordingly, you are directed to proceed and report to
Ft Benjamin Harrison, IN (located in Indianapolis IN) on or about
2. Upon reporting, you will be given the opportunity to request a
discharge for the good of the service in accordance with existing
Department of Defense regulations, to reaffirm your allegience to
your country, and to pledge to perform alternate service for a period
not to exceed 24 months. Prior to undertaking these obligations, you
will be afforded an opportunity to consult with military lawyer-counsel,
who will advise you regarding the adverse nature and effect of receiving
an undesirable discharge. Upon completion of the foregoing procedures,
to include a medical examination, you will be given an undesirable dis-
charge. Upon reporting, should you refuse to execute any of the above
documents, i.e., the request, reaffirmation or pledge, you shall not be
eligible to participate in the Program and shall be processed in accordance
with current procedures, which may include trial by court-martial.
3. Presidential Proclamation 4313 further provides that those servicemen
who satisfactorily complete an assigned period of alternate service of not
more than 24 months will be issued a Clemency Discharge Certificate. Your
period of alternate service under the Presidential Proclamation will be
determined in accordance with the following factors:
(a) The length of satisfactory service completed prior to unauthorized
absence;
(b) Length of service in Southeast Asia in hostile fire zone;
(c) Awards and decorations received;
GERALD
(d) Wounds incurred in combat.
In addition, you will be given the opportunity to provide such statements
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and affidavits regarding your employment or your conduct in the community
during the time of your unauthorized absence. This will also be taken
into account in determining your period of alternate service.
4. In the event you do not have sufficient funds to defray cost of
transportation to Fort Benjamin Harrison you will immediately report
to the nearest Army activity and present a copy of this letter at
which time you will be furnished transporation on a reimbursable
basis. No dependent facilities are available at Fort Benjamin
Harrison.
5. You will keep the original of this letter in your possession at all
times until it is presented to the Joint Clemency Processing Center at
Ft. Benjamin Harrison, IN.
BY ORDER OF THE SECRETARY OF THE ARMY:
CF:
CDR, MILPERCEN
ATTN: JCPC
Fort Benjamin Harrison, IN 46216
&
ECPA
GERALD
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APPENDIX 2 (Separation Policy) to Annex C (Personnel)
SEPARATION POLICY
1. Enlisted Perscnnel.
a. Upon completion of required processing and statements, all eligible
enlisted members will be reduced to the lowest enlisted grade, discharged
and furnished an Undesirable Discharge Certificate (DD Form 258A).
b. In exceptional cases, such as exemplary combat service in Vietnam
or extenuating circumstances concerning the absence, the Commander, FT
Benjamin Harrison, after review of the case and determining that better
than undesirable discharge may be warranted, may withhold execution of the
discharge and forward the case with appropriate recommendations to HQDA,
ATTN: DAPE-MP, for decision. In such cases, members may be-released in
an excess leave status to return to home of record pending decision and
have copy of approved discharge mailed.
c. For those individuals applying for restoration, execution of the
discharge will be suspended pending decision on the application. If the
application is disapproved or withdrawn by the member, the discharge will
be executed. If the application is approved, the discharge will remain
suspended under terms of restoration policy, at Appendix 3, and suspension
made a matter of record in member's field 201 file.
d. The authority for discharge is Presidential Proclamation No. 4313
of September 16, 1974 and Secretary of Defense Memorandum, Subject: Imple-
mentation of Presidential Proclamation No. 4313 of September 16, 1974. The
reason for discharge shall be "Separation for the good of the Service by
reason of a willful and persistent unauthorized absence, pursuant to
Presidential Proclamation No. 4313, abbreviation: SEP-PRES PROC.
e. The reason and authority, abbreviated SEP-PRES PROC and DOD Memo,
and SPD will be included in Item 9c of all copies of DD Form 214 which are
retained by the Army. The narrative reason for separation shall be included
in the remarks section of all copies of DD Form 214 provided the Veterans
Administration and Selective Service. All copies of DD Form 214 will have
entered in the remarks section the following statement: "Subject member
has agreed to serve
months alternate service pursuant to Presidential
Proclamation No. 4313.'
f. The Separation Program Designator (SPD) will be provided by separate
message.
c-9
2. Officer Personnel
a. Upon completion of required processing and statements, all
eligible commissioned and warrant officers resignations in lieu of trial
by court -martial will be accepted. They are to be furnished a Discharge
Certificate (Under Other Than Honorable Conditions) DD Form 794A.
b. In the preparation of separation orders, the standard order
formats (TC 350 for Regular Army Officers; TC 351 for Reserve Officers)
will be followed. The "Authority" lead line will include Presidential
Proclamation No. 4313 and Sec Def Memo Subject: Implementation of
Presidential Proclamation No. 4313, 16 Sep 1974." Authority lead
lines will also include "By Direction of the President" for officers and
"By Direction of the Secretary of the Army" for warrant officers.
C. Preparation of DD Form 214 will be accomplished as described in
le above. Additionally, Item 9a of all copies of DD Form 214 will read,
"Discharge" and Item 9e will read, "UNDER OTHER THAN HONORABLE CONDITIONS".
d. The Separation Program Designator (SPD) will be provided by
separate message.
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APPENDIX 3 (Restoration Policy) to Annex C (Personnel)
RESTORATION POLICY
1. Enlisted members eligible to participate in the clemency program
will be afforded an opportunity to apply for restoration to serve in the
Army. Applicants will complete separation processing, at Appendix 2,
while their applications are being processed. The period of service
will be a minimum of two years. The undesirable discharge of those members
restored will be suspended and upon completion of the required period of
service, they will be awarded the discharge warranted by their military
records during that period of service. If they are discharged for cause
during that period, they will receive no better than an undesirable
discharge. The statement agreeing to alternate service will be voided
for these members restored to active duty.
2. A board of officers will be convened by Commander, TRADOC to consider
an individual's application for restoration to active duty. The board
will consist of: one colonel and one lieutenant colonel with recent
command experience, one command sergeant major and one captain recorder.
Guidance to the board of officers hearing restoration cases is at Tab A
to this appendix.
3. The criteria which each applicant must satisfy to be considered by
the board are as follows:
a. Must voluntarily apply for restoration.
b. Must have served in Vietnam and have been awarded a decoration.
c. Must meet enlistment criteria for prior service personnel without
waiver in the areas of age, citizenship, mental requirements, education,
medical and dependents as in AR 601-210.
d. Must have had no prior court martial convictions during previous
service.
e. Must have had no conviction for civil offenses during the period
of desertion which would preclude enlistment under AR 601-210.
f. Must have at least two years service remaining until ETS or agree
to extend for a period of two years following restoration.
8. Must agree to enter under same condition as RA unassigned.
h. Must agree to enter at grade E1 (board of officers considering
restoration will have authority in exceptional cases to restore individuals
in grade E2 or E3).
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Tab A (Guidance to Board of Officers) to Appendix 3 (Restoration Policy)
to Annex C (Personnel)
GUIDANCE TO BOARD OF OFFICERS
The following instructions provide guidance to the board of officers
meeting to consider requests for restoration of individuals who deserted
during the period 4 August 1964 through 29 March 1973.
1. The objective of the board is to determine if the applicant can
make a useful contribution to the Army and if restored to duty that such
action would not be prejudicial to good order and discipline.
2. The provisions of AR 15-6 will not apply to the board proceedings.
Individuals seeking restoration will not have the right to counsel and the
burden of proof rests with the applicant.
3. In deciding each case, the board will consider all available
records and the testimony of the individual. Their deliberations will
include at a minimum the following considerations:
a. Individual's past service, including:
(1) Length of service
(2) Entire disciplinary record
(3) Combat record
(4) Awards, decorations, commendations, etc.
(5) Conduct and efficiency ratings
(6) Grades held
b. Individual's motivation to serve in the Army and sincerity of
that motivation.
c. Potential for further satisfactory military service.
d. Extenuating circumstances whi may have contributed to desertion.
4. The board will ensure that any applicant appearing before it
meets the current age, citizenship, mental, medical and dependent criteria
established for enlistment of prior service personnel in the Army.
5. For those individuals whom the board decides to restore, a
recommendation will be made as to the MOS in which restored.
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6. The board has the authority in unusual cases where restoration
in grade E2 or E3 is indicated appropriate, to make such a finding.
7. All findings and recommendations of the board are final and not
subject to review or appeal.
8. Individuals restored to duty will be reported with appropriate
recommendations to the CDR, Military Personnel Center for assignment/
training.
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TITLEMENTS
POLICY
REFERENCE
Travel of Member
A. From oversea to CONUS: Travel of a member to a designated
Para M5400, JTR
designated processing
processing site in CONUS from an oversea location (embassy/
te
military installation) will be accomplished in accordance
with the of ME400 LTD
TITLEMENTS
POLICY
REFERENCE
Separation Travel
MEMBER:
A. A member separated from the service under honorable
Para M4157, JTR
conditions is entitled to mileage to his home of
record or place of entry on active duty, at the
election of the member.
ITLEMENTS
POLICY
REFERENCE
Transportation of
A. Household Goods: Transportation of HIIG at government
JTR, para M8015-5
onal Property for
expense is not authorized for deserters, except when
M8303-1
rters
dependent travel is authorized under para M7103-2-8, JTR.
APPENDIX 5 (Statements Required for Program Participation) to Annex C
(Personnel)
STATEMENTS REQUIRED FOR PROGRAM PARTICIPATION
1. All individuals participating in the program of clemency will
complete and sign the statement of allegiance to the United States and
agreeing to alternate service (Tab A).
2. Personnel being separated will complete the following additional
statements:
a. Enlisted members Request for Discharge for the Good of the
Service (Tab B).
b. Officer members resignation in lieu of trial by court-martial (Tab C).
3. Personnel applying for restoration must complete the application for
restoration (Tab D).
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Tab A (Reaffirmation of Allegiance Agreement to Alternate Service) to
Appendix 4 (Statements) to Annex C (Personnel)
REAFFIRMATION OF ALLEGIANCE AND PLEDGE TO COMPLETE ALTERNATE SERVICE
DATE:
I,
, do hereby solemnly reaffirm my
allegiance to the United States of America. I will, support, protect, and
defend the Constitution of the United States of America against all enemies;
foreign and domestic; and will hereafter bear true faith and allegiance
to the same. I take this obligation freely and without any mental
reservation or purpose of evasion.
I further acknowledge that on or about
, I voluntarily
absented myself from my military unit without being properly authorized,
in contravention of the oath taken upon entering the nation's military
service. Recognizing that my obligations as a citizen remain unfulfilled,
I am ready to serve in whatever alternate service my country may prescribe
for me, and pledge to complete faithfully a period of
months'
service.
Witness:
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Tab B (Enlisted Statement - Request for Discharge for the Good of the
Service) to Appendix 4 (Statements) to Annex C (Personnel)
Enlisted Returnees
ENLISTED STATEMENT - REQUEST FOR
DISCHARGE FOR THE GOOD OF THE SERVICE
DATE:
1. I,
SSN
,
hereby voluntarily request discharge for the good of the service pursuant
to the provisions of Presidential Proclamation No. 4313, 16 September 1974.
I understand that my absence is characterized as a willful and persistent
unauthorized absence which renders me triable under the Uniform Code of
Military Justice and could lead to the imposition of a bad conduct or
dishonorable discharge. I am making this request of my own free will and
have not been subject to any coercion whatsoever by any person.
2. Prior to completing this form, I have been afforded the opportunity to
consult with military counsel, I understand that I have the right to
consult with civilian counsel retained at my own expense. I have been
fully advised by counsel as to the nature of the offenses for which I
may be tried and the maximum permissible punishment which may be imposed.
3. I understand that I will be discharged under other than honorable
conditions and furnished an Undesirable Discharge Certificate. I have
been advised and understand the adverse nature of such a discharge and
the possible consequences thereof. In this regard, I acknowledge that,
as a result of the issuance of such a discharge, I will be deprived of
all service benefits, that I will be ineligible for all benefits
administered by the Veteran's Administration, and that I may be deprived
of my rights and benefits as a veteran under both Federal and State law.
I also understand that I may expect to encounter substantial prejudice
in civilian life because of an undesirable discharge.
4. I understand that within 15 days of the date of receipt of the
Undesirable Discharge Certificate, I must report to my State Director of
Selective Service to arrange for performance of alternate service. I
further understand that satisfactory completion of such alternate service
will be acknowledged by issuance of a Clemency Discharge certificate.
I realize, however, that such certificate will not alter my ineligibility
for any benefits predicated upon my military service.
5. I understand that, once my request for discharge is submitted, it may
not be withdrawn unless the withdrawal is approved by Commander, Fort
Benjamin Harrison, Indiana.
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6. I hereby acknowledge receipt of a copy of this request for discharge
and of all inclosures submitted herewith.
(Signature of member)
7. Having been advised by me of the nature of the offenses for which he
may be tried; the maximum permissible punishment which may be imposed;
the possible consequences of an undesirable discharge; the nature and
effect of his pledge to perform alternate service; and of the procedures
and rights available to him,
voluntarily
executed the request for discharge for the good of the service.
(Signature of counsel)
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Tab C (Officer Statement - Resignation in Lieu of Trial by Court-Martial
to Appendix 5 (Statement ) to Annex C (Personnel)
Officer Returnees
OFFICER STATEMENT - RESIGNATION
IN LIEU OF TRIAL BY COURT-MARTIAL
DATE:
1. I,
,
SSAN
,
hereby voluntarily tender my resignation from the Army in lieu of trial
by court-martial pursuant to the provisions of Presidential Proclamation
No. 4313, 16 September 1974. I understand that my absence is characterized
as a willful and persistent unauthorized absence which renders my triable
under the Uniform Code of Military Justice and could lead to dismissal
from the Army. I do not desire to appear before a court-martial or board
of officers. I have not been subjected to coercion with respect to this
resignation and have been advised of and fully understand the implications
of this action.
2. Prior to submitting this resignation, I have been afforded the
opportunity to consult with military counsel. I understand that I have
the right to consult with civilian counsel retained at my own expense.
I have been fully advised by counsel' as to the nature of the offenses for
which I may be tried and the maximum permissible punishment which may
be imposed.
3. I understand that if this resignation is accepted, I will be discharged
under other than honorable conditions.
4. I further understand that because my resignation will be accepted
under other than honorable conditions, I will not be entitled to
compensation for unused accrued leave, severance or readjustment pay
(as appropriate), and that I will be barred from all rights under laws
administered by the Veterans Administration, and that I may be deprived
of my rights and benefits as a veteran under both Federal and State law.
5. I understand that within 15 days of the date of receipt of my discharge
certificate, I must report to my State Director of Selective Service to
arrange for performance of alternate service. I further understand that
satisfactory completion of such alternate service will be acknowledged
by issuance of a clemency discharge certificate. I realize, however,
that such certificate will not alter my ineligibility for any benefits
predicated upon my military service.
6. I understand that, once my resignation is tendered, it may not be
withdrawn unless the withdrawal is approved by Commander, Fort Benjamin
Harrison, Indiana.
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7. I hereby acknowledge receipt of a copy of this resignation and of all
inclosures submitted herewith.
(Signature of Member)
8. Having been advised by me of the nature of the offenses for which
he may be tried; the maximum permissible punishment which may be imposed;
the possible consequences of a discharge under other than honorable
conditions; the nature and effect of his pledge to perform alternate
service; and of the procedures and rights available to him,
voluntarily executed the request for resignation in lieu of trial by
court-martial.
(Signature of Counsel)
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Tab D (Application for Restoration Statement) to Appendix 5 (Statements)
to Annex C (Personnel)
APPLICATION FOR RESTORATION TO ACTIVE DUTY
DATE:
I,
, have been advised of the
alternatives made available to me by the Department of the Army in
implementation of Presidential Proclamation No. 4313, 16 September 1974.
I have decided that it is in my best interests to request restoration to
active duty. I acknowledge that this request is made voluntarily, that
it is not the result of coercion, force, or threat of harm, and that it is
made after consultation with counsel,
.
I
understand and agree to each of the following:
a. That I will be restored at grade E-1 unless a recommendation is
made for restoration in a higher grade.
b. That all assignments will be in accordance with the needs of the
Army, notwithstanding any promises of training or assignment previously
made to me either orally or in writing.
C. That I will not be permitted to reenlist prior to completion of
the period for which I am restored except upon approval of the Secretary
of the Army.
d. That upon restoration a suspended undesirable discharge will be
placed in my Field 201 file. I understand that such action is part of
the Reconciliation Program and I do not wish to appear before a board of
officers in connection therewith. I understand that if, after restoration,
I am administratively separated for cause prior to completion of the period
for which I am restored, this suspension will be vacated and the discharge
will be executed. If I am not administratively separated for cause prior
to such time, I will be issued such discharge as reflects the character of
my service from the date of restoration.
e. That upon approval of this application and restoration to active
duty any agreements or statements-previously made by me concerning
alternate service shall be considered void and of no effect.
f. That I may withdraw this application at any time prior to my
restoration to active duty.
Accordingly, I agree:
(To be used if the applicant enlisted and the unfulfilled portion of
that enlistment is two years or more).
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to complete the term of service for which
enlisted.
(To be used if the applicant enlisted and the unfulfilled portion
of that enlistment is less than two years)
to complete the term of service for which
enlisted and that, upon approval of this application and restoration to
active duty, this document will constitute an extension of my enlistment
for such period which, when added to the unfulfilled portion of my
enlistment, amounts to two years.
(To be used if the applicant was inducted)
to complete the term of service for which
inducted and that, upon approval of this application and restoration to
active duty, this document will constitute consent to remain on active
duty for such period which, when added to the unfulfilled portion of
the period for which inducted, amounts to two years.
(Signature of Member)
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Appendix 6 (Finance and Accounting) to Annex C (Personnel)
FINANCE AND ACCOUNTING
MILITARY PERSONNEL COSTS
1. In order to readily identify costs incurred in support of the
clemency program, separate PCS accounting classifications will be
established. All PCS transportation charges associated with this program,
to include separation travel, will be charged to the following upon
allotment account classification:
2152010 01-4607 P1495 S99999
Recoupment of transportation costs from the point of return to military
control to the separation point, except in those cases where the
individual surrenders himself to his former duty station from which he
commenced unauthorized absence, will be reimbursed to the following
account number:
2152010 01-C930 P1495 S99999
Reimbursement will not exceed the amount of pay and allowances due the
returnee.
2. The above accounting classification represents a change to AR 37-100-75
and will be disseminated by separate HQDA message.
3. Only transportation charges authorized by Appendix 4 (Entitlements)
will be charged to the open allotment established above.
C-24
Appendix 7 (Religious Ministries and Chaplain Support) to Annex C (Personnel)
RELIGIOUS MINISTRIES AND CHAPLAIN SUPPORT
1. PURPOSE. This appendix outlines DA policies for religious ministries
and chaplain support of Presidential Proclamation #4313.
2. OBJECTIVE. To provide religious ministry to individuals and families
administering and using the Clemency Program.
3. GENERAL POLICIES.
a. So far as practicable, the Clemency Program staff and the
returning deserters will be provided opportunities to receive the
ministrations of their own religious faith in such ways and on such
occasions as are appropriate to their respective denominational requirements.
The responsible chaplain will accomplish this objective through the
cooperative efforts of other chaplains, civilian clergymen or authorized
lay leaders.
b. All religious services will be under the supervisions of and
scheduled by the responsible chaplain.
c. Chaplains will be available to provide individuals and families
who desire it, spiritual support through interviews, guidance and
counseling.
d. Communications between an individual and a chaplain, will be
governed by the rules of confidentiality cited in paragraph 151b(2)
manual for courts-martial, United States 1969 (Revised Edition).
FO
GERALD
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Appendix 7 (keligious Ministries and Chaplain Support) to Annex C (Personnel)
RELIGIOUS MINISTRIES AND CHAPLAIN SUPPORT
1. PURPOSE. This appendix outlines DA policies for religious ministries
and chaplain support of Presidential Proclamation #4313.
2. OBJECTIVE. To provide religious ministry to individuals and families
administering and using the Clemency Program.
3. GENERAL POLICIES.
a. So far as practicable, the Clemency Program staff and the
returning deserters will be provided opportunities to receive the
ministrations of their own religious faith in such ways and on such
occasions as are appropriate to their respective denominational requirements.
The responsible chaplain will accomplish this objective through the
cooperative efforts of other chaplains, civilian clergymen or authorized
lay leaders.
b. All religious services will be under the supervisions of and
scheduled by the responsible chaplain.
c. Chaplains will be available to provide individuals and families
who desire it, spiritual support through interviews, guidance and
counseling.
d. Communications between an individual and a chaplain, will be
governed by the rules of confidentiality cited in paragraph 151b (2)
manual for courts-martial, United States 1969 (Revised Edition).
GERALD
C-25
ANNEX D
RETROACTIVE APPLICATION
1. The following information and guidance is provided to assist in processing
cases which may have been disposed of, or upon which disposition has been
initiated, prior to the effective date of the President's Program.
2. Jurisdictions processing court-martial cases in which charges have been
preferred or are being prepared solely for the offenses of Desertion (Article
85, UCMJ), Absence Without Leave (Article 86), or Missing Movement (Article
87), or other purely military offenses directly related thereto, occurring
during the period 4 August 1964 through 28 March 1973, will take action as
indicated herein.
3. Charges preferred or being prepared - no referral for trial:
a. All processing of charges for offenses listed in paragraph 2 above
will be suspended for a reasonable period of time (not to exceed 2 weeks)
for the purpose of affording the individual accused the opportunity to
participate in subject program.
b. Upon receipt of a written request from the individual for delay in
his case to participate in the program, the processing of charges will be
suspended pursuant to 3a above and the individual accused will be released
from any pretrial confinement and transferred to Fort Benjamin Harrison,
Indiana, for processing by the Clemency Processing Center. Charge sheets
and allied papers relating to the case will be transmitted to the Office
of the Staff Judge Advocate, Fort Benjamin Harrison, for disposition. The
SJA, Fort Benjamin Harrison, will be advised by electrical message of the
transmission of the charge sheets and related documents.
4. Charges referred for trial - trial has not commenced: In the case of
individuals against whom charges as enumerated in paragraph 2 have been
preferred and referred for trial, the indívídual accused may also partici-
pate in subject program upon his written request to participate and for a
delay in his trial. Upon receipt of such a request, the charges should be
withdrawn from the court to which they have been referred in accordance with
paragraph 56, MCM, 1969 (Rev) and forwarded with related documents (to include
a detailed statement of the reason for withdrawal of charges) to the SJA,
Fort Benjamin Harrison, as indicated in paragraph 3b above. The individual
accused should be released by the convening authority (C/A) from any confine-
ment and transferred to Fort Benjamin Harrison for processing by the Clemency
Processing Center.
5. Charges referred for trial - accused has been arraigned: In the case
of an individual who has been charged with an offense specified in paragraph
2 above, whose charges have been referred for trial, and whose trial has
proceeded to arraignment, the accused may participate in the program.
the receipt of a written request from the accused for withdrawal of the
charges and a delay for the purpose of being allowed to participate, the
Upon GERALE GERAL FORD LIBRARY
D-1
convening authority should withdraw the charges from the court to which they
have been referred in accordance with paragraph 56, MCM, 1969 (Rev), cause
the accused to be released from confinement (if applicable), and transferred
to Fort Benjamin Harrison for processing by the Clemency Processing Center.
The court-martial charges and all required documents and records, to include
a detailed statement of the reasons for withdrawal of the charges, should be
forwarded to the SJA office, Fort Benjamin Harrison, as outlined in paragraph
3 above.
6. Accused convicted and in confinement: Individuals who have been tried
and convicted by court-martial for an offense or offenses listed in
paragraph 2 above, and who are in confinement, will be released from
confinement in the following situations:
a. An individual described in 6 above with an adjudged (either executed
or unexecuted) punitive discharge will be released from confinement upon his
application to the Presidential Clemency Board prior to 31 January 1975 for
an examination of his case.
b. If an individual as described in 6 above is in confinement and has
no discharge adjudged, he will be released from confinement upon his appli-
cation to the Presidential Clemency Board prior to 31 January 1975 and returned
to duty.
c. In all such cases the unexecuted portion of any sentence to confine-
ment will be suspended by a court-martial order.
7. Individuals who have been tried and convicted for an offense or offenses
listed in paragraph 2 above, who have been sentenced to be discharged but
who are not in confinement and who are awaiting the completion of appellate
review, may apply to the Presidential Clemency Board prior to 31 January 1975
for an examination of his case.
8. Former members punitively discharged pursuant to sentence of a
court-martial or separated with an undesirable discharge. Former
members who have been dismissed from the service or discharged with a
dishonorable or bad conduct discharge pursuant to the sentence of a
court-martial imposed upon conviction of an absentee offense (10 U.S.C.
sections 885, 886, and 887) or other purely military offense directly
related thereto committed during the qualifying period, or were separated
with an undesirable discharge based on an act or acts committed during
the qualifying period which rendered the member subject to trial by
court-martial for an absentee offense (10 U.S.C. Sections 885, 886, and
887) or other purely military offense directly related thereto may
apply to the Presidential Clemency Board prior to 31 January 1975 for
an examination of their case. The Board will be empowered to recommend
to the President that a Clemency Discharge be issued and to qualify such
recommendation with a requirement for alternate service in appropriate
cases. The Military Departments will not participate either in this
review process or in monitoring performance of alternate service.
FORD & LIBRARY GERALD
D-2
9. The foregoing shall not apply to cases involving individuals with
offenses in addition to those in paragraph 2.
D-3
ANNEX E
INTELLIGENCE POLICY
1. Essential Elements of Information (EEI). See AR 381-130 and applicable
DIA ICR's.
2. Intelligence Acquisition Tasks. Orders to subordinate and attached
units: CDR, US Army Intelligence Agency:
a. Conduct interviews and debriefings of US Army deserters who have
voluntarily returned to US control under the Clemency Program
and who consent to such interview and debriefing. Special emphasis
will be placed on debriefing personnel who deserted in or are returning
from Southeast Asia so as to obtain all possible information on service
members still listed as PW or MIA in that area.
b. Conduct liaison with appropriate federal agencies concerning the
clemency program.
c. Provide such other services and support as may be directed by
Headquarters, Department of the Army.
3. Conduct of Intelligence Debriefings.
a. All personnel who are interviewed under the provisions of this
program will be advised of their rights under Article 31, UCMJ, their
right to consult with counsel and to refuse the interview or debriefing,
before they are asked any questions by or allowed to make any statements
to counterintelligence personnel. However, it should be made clear to
all returnees that the sole purpose of returnee interviews is to acquire
information of casualty or counterintelligence interest. The individual
returnee's behavior or possible misconduct, or the misconduct of other
returnees, are not at issue, nor is the returnee to be considered the
subject of a counterintelligence investigation.
b. Intelligence debriefing of US Army deserters conducted pursuant
to this program will be accomplished only by trained counterintellligence
agents. Debriefers will be selected on the basis of experience, maturity,
and overall professional knowledge. If possible, returnees from SEA
should be debriefed by personnel who participated in Operation HOMECOMING-PW
debriefings.
4. Documents and/or Equipment Required.
a. Maps:
(1) Joint Operations Graphic (Ground), Series 1501, scale 1:250,000,
maps covering the Republic of Vietnam and 150 kilometers of adjoining
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areas of Cambodia, Laos and North Vietnam.
(2) Other maps as required.
b. Photos:
(1) DIA Publications DI-367-2-72 and DI-367-3-72, "Prisoners of War
and Missing in Action in Southeast Asia (U)," Vols I and II.
(2) DIA Publication DI-365-5-72, "Unidentified US Prisoners of War
in Southeast Asia (U).
(3) TAGO Publication "Summary of Incidents of Prisoners of War and
MIA/Missing US Army Personnel" dated 5 April 1974, (distributed to DA
Staff only).
5. Reports and Distribution.
a. All messages and reports generated pursuant to this program will
bear the nickname "CLEMENCY". If such messages are classified.by
originators, classification will be based solely on content.
b. Any information pertaining to US Army personnel who are listed
as PW/MIA in Southeast Asia will be reported by INMEDIATE electrical message
to HQ USAINTA with info to HODA (DAMI-DIO-HP), HQDA (DAAG-CA), and DIA
(DI-6A4). Format and general reporting procedures will be as specified
in USAINTC OPLAN 107-72.
c. All reports of interview will be prepared on DA Form 341 and
forwarded through appropriate channels to HQ USAINTA. Reports will, as
a minimum, bear the caveat FOR OFFICIAL USE ONLY.
6. Miscellaneous.
a. Intelligence debriefers will perform debriefings on Army personnel
in coordination with the appropriate commander or team chief charged with
overall processing responsibility at the particular site.
b. Intelligence debriefings should be integrated into the processing
routine and be conducted in a low-key unostentatious manner. Great care
should be taken to avoid giving the impression that returnees are being
harassed by Military Intelligence.
E-2
ANNEX F
LAW AND ORDER POLICY
1. General.
a. There will be no confinement for personnel participating in this
program (see eligibility criteria, para 3, basic letter). In the event a
returnee has outstanding charges in addition to Articles 85, 86 and 87,
UCMJ, and other military offenses directly related thereto, he should be
handled under present UCMJ procedures. However, military police visibility
should be kept to the minimum necessary since the individual is voluntarily
returning to an administrative-type processing point under Presidential
promise of no confinement for Articles 85,86 and 87.
b. Deserters not falling within the provisions specified by the
Presidential
clemency
offer will be handled IAW the UCMJ and AR
630-10.
c. To assure uniformity, all personnel returning under this program
will be reported by the central processing point to the US Army NCIC
Control Terminal, USACIP.
d. Disturbances/demonstrations will be handled routinely IAW
established contingency plans. Such plans will include measures to
protect returnees from retaliatory acts by personnel serving on active
duty.
e. Military police will coordinate with SJA personnel on handling
of returnees.
f. Personnel returning under the Clemency
Program who become
involved in another offense during processing will be handled LAW normal
UCMJ and military police procedures. Local commanders must use discretion
in defining unacceptable conduct (see paragraph 1, Annex C - Personnel).
2. Procedures.
a. The USACIP will query the FBI NCIC to verify status as a deserter;
locate any unresolved civilian or military charge; determine status of any
extradition information to include FBI and USACIDC special interest;
provide notice to other appropriate law enforcement agencies of voluntary
return and whereabouts; and clear from NCIC after coordinating with
USACIDC-CRD.
b. Verification of personnel returning, who are not entered in NCIC,
will be performed through administrative review of all available records
by the Absentee and Deserter Division, US Army Enlisted Records Center.
c. The USACIDC, on receipt of machine records cards of the names
and personal identifiers, to include SSAN, date and place of birth, of
F-1
each Army deserter eligible for the program, will accomplish records checks
through the DOD investigative files which include all criminal files.
The USACIDC will prepare a Machine Records Listing reflecting those
individuals who are not subjects of Army criminal files requiring
further action and a separate listing of those individuals who where
subjects of Army criminal investigations at the time of their desertion.
The USACIDC will provide these listings and copies of CID and military
police case reports, if applicable, to CDR, USAADCEN, and CDR, USAERC,
Fort Benjamin Harrison, IN.
d. The USACIP will provide USACIDC a listing of those individuals
who return to military control. This information will be used to delete
entries from the National Crime Information Center relating to other
criminal offenses when appropriate and to document disposition of
offender information on those investigations which have not been adjudicated
or finalized.
e. Information obtained during interviewing or debriefing at the pro-
cessing center that pertains to criminality involving US Army personnel or
activities will be provided to USACIDC.
f. The USACIDC will interview those individuals under military
control who are subjects of pending Army criminal investigations. All
reasonable investigative leads pertaining to these investigations will
be exhausted prior to the release of the individual from the US Army.
8. The USACIDC will provide normal criminal investigation support
in accordance with AR 195-2.
h. Personnel returning to military control under the Clemency Program,
who are apprehended for desertion by civil police, will be picked up by
military authorities and allowed to proceed IAW instructions issued by
the CDR, USAERC (USACIP), Fort Benjamin Harrison, IN. Individuals who
are apprehended by civil authorities, who have not previously requested
clemency, will be picked up by military authorities and advised that they
may request participation in the Presidential Proclamation on their delivery
to a major CONUS installation manned by active duty personnel. If the
individual does not desire to participate in the Clemency Program, he will
be processed in accordance with current regulations.
i. Deserters returning to CONUS from foreign countries with instruc-
tions issued by CDR, USAERC (USACIP), Fort Benjamin Harrison, IN, will be
allowed to proceed IAW those instructions. Deserters returning to CONUS
from foreign countries without such instructions will be reported to CDR,
USAERC (USACIP) by the military authority first having knowledge of the
individual's return. Such personnel will be assisted in their efforts
to return IAW the spirit of the Clemency
Program.
FORD & GERALD LIBRARY
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ANNEX G
INFORMATION POLICY
1. Purpose. This annex outlines DA policies and public affairs guidance
for the return of Army deserters as provided by a national program of
clemency.
2. Objective. To provide maximum information to the public and internal
audience about the return of Army deserters without jeopardizing the
individual deserter's right to privacy.
3. General Policies.
a. Because of the overriding national interest in the President's
announcement on clemency procedures for draft evaders and military
deserters, the Assistant Secretary of Defense (Public Affairs) is responsible
for direction and coordination of all public affairs activities concerning
deserters, discharges and clemency. Maximum information will be disseminated
to the public while at the same time giving due consideration of the rights
of the individual. The Joint Clemency Processing Center (JCPC) will be manned
by representatives of all the Military Departments, and the JCPC information
chief will report directly to the ASD (PA) for all public affairs matters.
b. The return of Army deserters will generate national, international
and internal news interest. Consistent with the policies expressed herein,
all personnel involved with the processing of deserters must clearly
understand the need for PA activities to be carried out promptly, efficiently
and candidly.
c. The news media have a right and a responsibility to gather
information related to deserters. This must be respected at all items.
Prompt and accurate responses to news queries and requests will be
forthcoming whenever possible, consistent at all times with the paramount
need for consideration of the deserter's right to privacy.
d. Personal consent of the deserter must be received prior to any
interview or press conference. The deserter, as is the case for any
other serviceman or woman, has a right not to be interviewed if he so
chooses. The reason for this refusal is his personal right and need
not be divulged.
e. News media representatives will be afforded equal treatment.
Equal access to the story is a basic principle of DOD PA policy.
f. To facilitate the flow of information concerning the processing of
deserters, Directorate, Defense Information Office of the Assistant Secretary
of Defense, Public Affairs, Autovon 22-75131 is the public affairs contact
point.
GERALD FORD LIBRARY
G-1
g. All deserters will receive a public affairs briefing as part of
their in-processing. They should be advised of their right to decline
being photographed and interviewed.
h. All personnel who will have direct contact with the deserters must
have an understanding of possible PA problems and a thorough familiarization
with PA guidance contained herein. Accordingly, the responsible commanders
shall initiate procedures for briefing such personnel.
1. Public information releases to the media should include advising
individuals to bring their military ID card and any other military records
in their possession when reporting to military authorities.
1. The interviewing and photographing of deserters after their return
to military control is permitted under the following conditions:
(1) The deserter gives his personal consent.
(2) The interview/photographing does not interfere with the efficient
and orderly processing of the deserter.
4. Specific Policies and Procedures.
a. A DOD Spokesman at the Joint Clemency Processing Center will be
designated by ASD (PA).
b. Public affairs officers should avoid becoming involved in
speculating or interpreting DA,DOD or national policies on clemency.
c. The photographing of facilities prior to the processing of
deserters is permitted. The photographing of the actual processing should
be coordinated in advance to prevent the photographing of deserters who
do not want to be photographed.
d. Questions regarding DA/DOD policies on this subject that cannot
be answered using the answers at Appendix 1 will be referred to DAIO-PI,
Autovon 22-72351/72352.
e. Queries regarding the number of deserters processed through an
installation may be answered. However, the names of deserters may not
be released without their personal consent.
f. Deserter interviews conducted at their request will not be allowed
to interfere with their orderly processing. Government facilities may
be utilized for these interviews.
g. Queries received concerning draft evaders will be referred to the
Department of Justice (telephone (202 739-4281).
h. Questions and answers for use by information officers on responding
to queries are contained at Appendix 1.
1 Incl
Appendix 1 (Questions and Answers)
FORD i LIBRARY GERALD
G-2
Appendix 1 (Questions and Answers) to Appendix G (Information Policy)
QUESTIONS AND ANSWERS OF DESERTERS/DRAFT EVADERS
1. Q. How does the Army intend to implement the President's Program on
Clemency?
A. Initial contact to be made by mail or phone to the Clemency
Information Point, Fort Benjamin Harrison, IN. All deserters are to return
to military control at Fort Benjamin Harrison and will be processed there
in the shortest period possible. The Army intends to execute the program
in the spirit as well as to the letter of the Proclamation.
2. Q. How long will the processing take?
A. In the no complications case, about 4 days to a week.
3. Q. What is the estimated cost per deserter of the processing?
A. We have not yet calculated any figures for this.
4. Q. Does the deserter have any alternative to receiving a discharge?
If so, what?
A. Yes, he may apply for restoration to duty or he may choose to let
his case be handled "normally." A special board has been established to
consider each case. Among the criteria required for restoration is
receipt of an award while in Vietnam.
5. Q. What is a restoration board and how does it operate?
A. It is the board appointed by CDR, TRADOC that determines who
may be restored to duty. It considers all aspects of the individual's
past record and future potential.
6. Q. Why is the Army processing all the deserters at Fort Benjamin
Harrison, Indiana?
A. That is where the Clemency Information Point is located and where
the records are maintained. Additionally, the Finance Center is located
there. All in all, it is the location that will provide the fastest
processing of returned deserters.
7. Q. How does the President's program on clemency differ from what would
normally happen to the deserter upon his return?
A. It prevents any confinement. It greatly speeds the discharge
procedure. It provides an opportunity to have the effect of an other than
Honorable Discharge mitigated by public service.
FORD i LIBRARY GERALD
G-3
8. Q. Will the Army Process draft evaders? If so, where?
A. No.
9. Q. Will Camp Atterbury be used in processing deserters?
A. Possibly. If the facilities at Fort Ben Harrison become crowded,
Camp Atterbury will be used.
10. Q. What happens to the deserters who do not fall under the criteria
of the President's Program?
A. They will be processed in accordance with the law and current
Army regulations.
11. Q. How does the Army feel about this program?
A. The Services have been consulted throughout and they support the
President's decision.
G-4
ANNEX H
JOINT ALTERNATE SERVICE BOARD
MEMORANDUM OF AGREEMENT
FROM: Secretaries of the Military Departments
TO: Joint Alternate Service Board
SUBJECT: Delegation of Authority
1. Pursuant to the authority contained in paragraph 6, Secretary of Defense
Memorandum of 17 September 1974 (Subject: Implementation of President's
Proclamation No. 4313) a Joint Alternate Service Board is hereby established.
2. The Board collectively is hereby designated as the representative of
each of the service Secretaries for the purpose of determining. the period
of alternate service for members who qualify for the President's Program.
The Board will consist of one colonel/captain from each of the military
services to be appointed by the military chief of each service.
3. The Board will be guided by the following:
a. The Presidency of the Board shall be shared in such a manner that
the President of the Board shall be a member of the same service as the
member whose case is being considered.
b. In case of a tie vote, the vote of the President shall prevail.
c. The procedures under which the Board will operate in determining
the periods of alternate service shall be determined by the Board; such
procedures shall be consistent with Presidential Proclamation No. 4313
and the Secretary of Defense Memorandum dated 17 September 1974.
Hourd H. Secretary of Collary the Army
Secretary of the Navy
Secretary of the Air Force
Howard H. Callaway
J. William Middendorf
John L. McLucas
FORD & LIBRARY GERALD
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