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Charles E. Goodell Papers
Presidential Clemency Board Subject Files
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President (1974-1977 : Ford). Presidential Clemency Board. 9/16/1974-9/15/1975
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The original documents are located in Box 10, folder "Training Handbook (3)" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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 10 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library
THE PRESIDENTIAL CLEMENCY BOARD
TRAINING HANDBOOK
PREFACE
This Training Handbook is designed to serve as a
step by step guide to the responsibilities of the Presidential
Clemency Board. It also provides information on each of the
steps involved in handling an applicant's request for clemency.
The Handbook is composed of four major sections.
Section I contains general introductory material regarding
the establishment and mission of the Board. Section II
contains flow charts followed by more detailed information
regarding each of the six functional areas through which the
application is passed. Section III contains legal information
regarding military justice and the administrative discharge
system as applied to the Clemency Program. The Appendix
(Section IV) of the Handbook includes other miscellaneous
information and reference material.
The format is looseleaf to provide for quick and
easy updating as materials are added or revised.
TABLE OF CONTENTS
I. Introductory Information
II. Major Functional Divisions
A. Receiving and Logging of Applications
B. Requests for Records and Assignment of Cases
C. Preparation of Individual Case Summaries
D. Quality Control
E. Presentation to the Clemency Board
F. Disposition
III. Legal Information
IV. Appendix
I. Introductory Information
I-A
PRESIDENTIAL CLEMENCY BOARD
Old Executive Office Building, Room 460
Washington, D. C. 20500
Office of the Press Secretary
Contact: Nia Nickolas 456-6476
Contact: Joan Vinson 456-2791
All Press Related Information
Public Relations, Speakers' Bureau
INFORMATION ON CLEMENCY PROCEDURES
On September 16, 1974, President Gerald R. Ford issued a Proclamation an-
nouncing a "Program for the Return of Vietnam Era Draft Evaders and Military
Deserters", thereby establishing the Presidential Clemency Program. This
Program was created in the hope of furthering the national commitment to
justice and mercy wherein our Country could "bind the wounds" of the past
and proceed to the future in a more conciliatory and unifying atmosphere.
There are three organizations involved in the Clemency Program: 1) The
Presidential Clemency Board; 2) The Department of Defense; and 3) The
Department of Justice. They cover offenses committed between August 4,
1964, and March 28, 1973. In all cases, applicants to all agencies must
apply prior to Januarv 31, 1975.
(Convicted Draft Evaders or Military Absentees)
I. THE PRESIDENTIAL CLEMENCY BOARD is comprised of nine members with former
Senator Charles E. Goodell as Chairman. It deals only with those individuals
who have received sentence or military discharge for their offense. There
are two types of potential applicants-- those who have been convicted of a
draft evasion offense and those who received a punitive or undesirable dis-
charge from the Armed Forces because of a military absentee offense com-
mitted during the above specified dates. In reviewing cases, the Board is
empowered to make recommendations to the President either granting or deny-
ing clemency. If the granting of clemency is recommended, such clemency may
be conditioned upon the performance of alternate service. Such clemency may
be in the form of a Pardon, a Clemency Discharge or Commutation of sentence.
(Unconvicted AWOLS, Deserters, or Those Who Have Missed Military Movement)
II. THE DEPARTMENT OF DEFENSE has jurisdiction over persons in military
service who have gone AWOL, have deserted or have missed a military move-
ment and have not yet been convicted or discharged. A serviceman wishing
to avail himself of the Clemency Program should report to the branch of the
service from which he absented himself. (Members of the Coast Guard should
report to the Secretary of Transportation.) At the time an individual turns
himself in, he reaffirms his allegiance to the United States and agrees to
perform alternate service. He is given an Undesirable Discharge and is re-
ferred to the Director of Selective Service for assistance in placement in
alternate service. Upon fulfillment of alternative service, his Undesirable
Discharge will be upgraded to a Clemency Discharge.
i
FORD
GERALD
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(more)
- 2 -
(Unconvicted Draft Evaders)
III. THE DEPARTMENT OF JUSTICE has jurisdiction over unconvicted persons
with outstanding violations of the Selective Service laws. An individual
wishing to avail himself of this component of the Clemency Program must
present himself to a United States Attorney before January 31, 1975, and
execute an agreement acknowledging his allegiance to the United States
and pledge to fulfill a period of alternate service under the auspices of
the Director of Selective Service. Upon completion of that service, pend-
ing charges against an indicted individual will be dismissed. Non-indicted
individuals will have their case files closed without charges being brought.
I-8
TOTALLY EMBARGOED
UNTIL 11:30 A.M., EDT
September 16, 1974
Office of the White House Press Secretary
THE WHITE HOUSE
ANNOUNCING A PROGRAM FOR THE RETURN OF
VIETNAM ERA DRAFT EVADERS AND MILITARY DESERTERS
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
The United States withdrew the last of its forces
from the Republic of Vietnam on March 28, 1973.
In the period of its involvement in armed hos-
tilities in Southeast Asia, the United States suffered
great losses. Millions served their country, thousands
died in combat, thousands more were wounded, others are
still listed as missing in action.
Over a year after the last American combatant had
left Vietnam, the status of thousands of our countrymen ---
convicted, charged, investigated or still sought for
violations of the Military Selective Service Act or of
the Uniform Code of Military Justice -- remains unre--
solved.
In furtherance of our national commitment to justice
and mercy these young Americans should have the
chance to contribute a share to the rebuilding of peace
among ourselves and with all nations. They should be
allowed the opportunity to earn return to their country,
their communities, and their families, upon their agree..
ment to a period of alternate service in the national
interest, together with an acknowledgement of their allegiance
to the country and its Constitution.
Desertion in time of war is a major, serious offense;
failure to respond to the country's call for duty is
&
FORD
also a serious offense. Reconciliation among our people
does not require that these acts be condoned. Yet,
GERALD
reconciliation calls for an act of mercy to bind the
LIBRARY
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 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 January 31, 1975,
(11) executes an agreement acknowledging
his allegiance to the United States and
pledging to fulfill a period of alternate
service under the auspices of the Director
of Selective Service, and
(iii) satisfactorily completes such
service.
The alternate service shall promote the national health,
safety, or interest. No draft evader will be given the
privilege of completing a period of alternate service by
service in the Armed Forces.
However, this program will not apply to an individual
who is precluded from re-entering the United States under
8 U.S.C. 1182 (a) (22) or other law. Additionally, if
individuals eligible for this program have other criminal
charges outstanding, their participation in the program
may be conditioned upon, or postponed until after, final
disposition of the other charges has been reached in
accordance with law.
The period of service shall be twenty-four months,
which may be reduced by the Attorney General because of
mitigating circumstances.
2. Military Deserters - A member of the armed forces who
has been administratively classified as a deserter by
reason of unauthorized absence and whose absence commenced
during the period from August 4, 1964 to March 28, 1973,
inclusive, will be relieved of prosecution and punishment
under Articles 85, 86 and 87 of the Uniform Code of Military
Justice for such absence and for offenses directly related
thereto if before January 31, 1975 he takes an oath of
allegiance to the United States and executes an agree-
ment with the Secretary of the Military Department from
which he absented himself or for members of the Coast Guard,
with the Secretary of Transportation, pledging to fulfill a
period of alternate service under the auspices of the
Director of Selective Service. The alternate service shall
promote the national health, safety, or interest.
The period of service shall be twenty-four months,
which may be reduced by the Secretary of the appropriate
Military Department, or Secretary of Transportation for
members of the Coast Guard, because of mitigating
circumstances.
However, if a member of the armed forces has additional
outstanding charges pending against him under the Uniform
Code of Military Justice, his eligibility to participate
in this program may be conditioned upon, or postponed
until after, final disposition of the additional charges
has been reached in accordance with law.
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 Mis
fulfillment of the requirements of the program. Such
clemency discharge shall not bestow entitlement to
benefits administered by the Veterans Administration.
Procedures of the Military Departments implementing
this Proclamation will be in accordance with guidelines
established by the Secretary of Defense, present Military
Department regulations notwithstanding.
3. Presidential Clemency Board - By Executive Order
I have this date established a Presidential Clemency
Board which will review the records of individuals
within the following categories: (1) those who have
been convicted of draft evasion offenses as described
FORD
above, (ii) those who have received a punitive or un-
desirable discharge from service in the armed forces for
having violated Article 85, 86, or 87 of the Uniform Code
GERALD
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
#####
I-C
TOTALLY EMBARGOED
SEPTEMBER 16, 1974
UNTIL 11:30 A.M., EDT
Office of the White House Press Secretary
THE WHITE HOUSE
EXECUTIVE ORDER
ESTABLISHING A CLEMENCY BOARD TO REVIEW CERTAIN
CONVICTIONS OF PERSONS UNDER SECTION 12 OR 6(j)
OF THE MILITARY SELECTIVE SERVICE ACT AND CERTAIN
DISCHARGES ISSUED BECAUSE OF, AND CERTAIN CONVIC-
TIONS FOR, VIOLATIONS OF ARTICLE 85, 86 or 87 OF
THE UNIFORM CODE OF MILITARY JUSTICE AND TO MAKE
RECOMMENDATIONS FOR EXECUTIVE CLEMENCY WITH RESPECT
THERETO
By virtue of the authority vested in me as President
of the United States by Section 2 of Article II of the
Constitution of the United States, and in the interest
of the internal management of the Government, it is
ordered as follows:
Section 1. There is hereby established in the
Executive Office of the President a board of 9 members,
which shall be known as the Presidential Clemency Board.
The members of the Board shall be appointed by the
President, who shall also designate its Chairman.
Sec. 2. The Board, under such regulations as it
may prescribe, shall examine the cases of persons who
apply for Executive clemency prior to January 31, 1975,
and who (i) have been convicted of violating Section 12 or
6(j) of the Military Selective Service Act (50 App.
U.S.C. $462), or of any rule or regulation promulgated
pursuant to that section, for acts committed between
August 4, 1964 and March 28, 1973, inclusive, or (ii) have
received punitive or undesirable discharges as a conse-
quence of violations of Article 85, 86 or 87 of the
Uniform Code of Military Justice (10 U.S.C. §§ 885, 886,
887) that occurred between August 4, 1964 and March 28,
1973, inclusive, or are serving sentences of confinement
GERALD
for such violations. The Board will only consider the
cases of Military Selective Service Act violators who
were convicted or unlawfully failing (i) to register or
register on time, (ii) to keep the local board informed
of their current address, (iii) to report for or submit
to preinduction or induction examination, (iv) to report for
or submit to induction itself, or (v) to report for or
submit to, or complete service under Section 6(j) of
such Act. However, the Board will not consider the
cases of individuals who are precluded from re-entering
the United States under 8 U.S.C. 1182 (a) (22) or other
law.
Sec. 3. The Board shall report to the President its
findings and recommendations as to whether Executive clemency
should be granted or denied in any case. If clemency is recom-
mended, the Board shall also recommend the form that such
clemency should take, including clemency conditioned upon a
period of alternate service in the national interest. In the
case of an individual discharged from the armed forces with
a punitive or undesirable discharge, the Board may recommend
to the President that a clemency discharge be substituted
for a punitive or undesirable discharge. Determination of
any period of alternate service shall be in accord with the
Proclamation announcing a program for the return
of Vietnam era draft evaders and military deserters.
Sec. 4. The Board shall give priority consideration to
those applicants who are presently confined and have been
convicted only of an offense set forth in section 2 of this
order, and who have no outstanding criminal charges.
Sec. 5. Each member of the Board, except any member
who then receives other compensation from the United States,
may receive compensation for each day he or she is engaged
upon the work of the Board at not to exceed the daily rate
now or hereafter prescribed by law for persons and positions
in GS-18, as authorized by law (5 U.S.C. 3109), and may also
receive travel expenses, including per diem in lbeu of sub-
sistence, as authorized by law (5 U.S.C. 5703) for persons in
the government service employed intermittently.
Sec. 6. Necessary expenses of the Board may be paid from
the Unanticipated Personnel Needs Fund of the President or from
such other funds as may be available.
Sec. 7. Necessary administrative services and support may
be provided the Board by the General Services Administration
on a reimbursable basis.
Sec. 8. All departments and agencies in the Executive
branch are authorized and directed to cooperate with the
Board in its work, and to furnish the Board all appropriate
information and assistance, to the extent permitted by law.
Sec. 9. The Board shall submit its final recommendations
to the President not later than December 31, 1976, at which
time it shall cease to exist.
GERALD R. FORD
THE WHITE HOUSE,
September 16, 1974.
I C - 1
TOTALLY EMBARGOED
SEPTEMBER 16, 1974
UNTIL 11:30 A.M., EDT
Office of the White House Press Secretary
THE WHITE HOUSE
FACT SHEET
PRESIDENTIAL CLEMENCY BOARD
The President has today established by Executive Order a
nine member Presidential Clemency Board. The Board will
review the records of two kinds of applicants. First, those
who have been convicted of a draft evasion offense committed
between August 4, 1964 and March 28, 1973, inclusive. Second,
those who received a punitive or undesirable discharge from
the armed forces because of a military absentee offense com-
mitted during the Vietnam era or are serving sentences of
confinement for such violations. The Board will recommend
clemency to the President on a case-by-case basis. In the
absence of aggravating factors, the Clemency Board would be
expected to recommend clemency.
When appropriate, the Board could recommend clemency conditioned
upon the performance of some alternate service. In the case of
a military absentee, the Board could also recommend that a
clemency discharge be substituted for a punitive or undesirable
discharge.
The Board has been instructed to give priority consideration to
individuals currently confined. The President has also asked
that their confinement be suspended as soon as possible,
pending the Board's review.
The Board will consider the cases only of persons who apply be-
fore January 31, 1975. It is expected to complete its work not
later than December 31, 1976.
####
FORD"
ERALD
I-D
TOTALLY EMBARGOED
SEPTEMBER 16, I974
UNTIL 11:30 A.M., EDT
Office of the White House Press Secretary
THE WHITE HOUSE
FACT SHEET
PROCEDURES TO BE FOLLOWED
UNCONVICTED DRAFT EVADER AND MILITARY ABSENTEE
DRAFT EVADER
MILITARY ABSENTEE
(including Coast Guard)
+
Report to United States Attorney
Report as prescribed by
where offense was committed
the military department
concerned or for members
of the Coast Guard report
to the Secretary of
Transportation
Acknowledge allegiance to the
United States by agreeing with the
Oath of Allegiance to
United States Attorney to perform
United States
24 months alternate service or less
based on mitigating circumstances
Agree with the concerned
Military Department to
perform 24 months alternate
service or less based
upon mitigating
circumstances
Perform alternate service under
Upon request, Military
the auspices of the Director of
Department forgoes prose-
Selective Service
cution, and issues
undesirable discharge
/
Director of Selective Service
Perform alternate service
issues certificate of satis-
under the auspices of the
factory completion of alter-
Director of Selective
nate service
Service
MILITARY ABSENTEE
DRAFT EVADER
(including Coast Guard)
Receipt by United States Attorney
Director of Selective Servic
of a certificate of satisfactory
issues certificate of satis.
completion of alternate service
factory completion of alter-
nate service
-
I
Dismissal of indictment or
Receipt of a certificate of
dropping of charges
satisfactory completion of
alternate service by the
concerned Military Department
Clemency discharge substitui
for undesirable discharge
Apply to Clemency Board
Apply to Clemency Board
Clemency Board may recommend
Clemency Board may recommend
lemency to the President
clemency to the President,
including substitution of
a clemency discharge for a
punitive or undesirable
discharge
Clemency Board may condition
Clemency Board may condition
recommendation of clemency on
recommendation of clemency on
period of alternate service
period of alternate service
President may grant clemency
President may grant clemency,
including substitution of a
clemency discharge for a
punitive or undesirable
discharge
# # #
FORD i LIBRARY GERALD
I-E
rules and regulations
This section of the FEDERAL REGISTER contribus regulatory documents having general applicability and legal effect mest OF with are
keyed to and codified in the Code of Federal Regulations, which Is publiched under 50 titles pursuant to 44 U.S.C. ISTO.
The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL
REGISTER issue of soch menth,
TRIe 2-Clemency
Remedies. Section 101.4 has been
as specified in $5 102.3 and 102.4, the
CHAPTER -PRESIDENTIAL
added to explain the remedies available
case is tabled. The action attorney is in-
CLEMENCY BOARD
from the Presidential Clemency Board.
structed to obtain additional facts.
It states the authority with which the
This is in response to comments from
ADMINISTRATIVE PROCEDURES AND
Board is vested by Executive Order
the private bar.
SUBSTANTIVE STANDARDS
11803, issued pursuant to Preciamation
Hearing before the Board. Subsection
The Presidential Clemency Board pub-
4313.
101.9(c) provides for a personal appear-
lished its proposed administrative pro-
A Presidential pardon restores these
ance as a matter of right if an applicant
cedures and substantive standards on
federal civil rights lost as a result of a
CSME show that an oral presentation is
November 27, 1974 (39 PR 41351). Since
felony conviction. State law recognizes
aecessary to the Board's understanding
that time, the Board has considered the
Presidential pardons as a matter of com-
of a mitigating circumstance or an ag-
first military cases before H, and has had
ity. usually restoring the right to vote
gravating circumstance which applies to
the benefit of more than 40 comments on
in federal and state elections, to hold
his case. The Board has provided a right
its proposed regulations. With the benefit
public office, and to obtain licenses for
to personal appearance in response to
of this additional experience and these
trades and professions from which com-
several comments.
comments, the Board publishes the final
victed feloms are barred under state law.
Reconsideration. Subsection 101.11(b)
regulations setting out its procedures
Since conviction by military court-
has been amended in order to add stand-
and standards.
martial is treated as a felony conviction
ards which must be met if the Board is
It is the intent of the Board to provide
by many states, and since an Undesir-
to consider an applicant's petition for
notice to the public of the standards it
able Discharge may have the same con-
reconsideration. In the proposed regu-
uses to make recommendations to the
sequences as a court-martial conviction,
letions, consideration of such petition by
President concerning individual applica-
the benefits of a pardon apply to former
the Board was a matter of discretion.
tions for clemency. The Board also
servicemen as well as to civilian draft
This amendment limits the eircumn-
wishes to ensure equity and consistency
evaders.
stances under which reconsideration
for applicants under the President's
A Clemency Discharge neither en-
will be granted, but provides that when
clemency program.
titles its recipient to veterans benefits
an applicant shows that any of these
Because it is a temporary organiza-
nor bars his receiving those benefits to
circumstances are present, reconsidera-
on within the White House Office, the
which he is otherwise entitled. The Vet-
tion will be granted as a matter of right.
ole function of which is to advise the
erans Administration and other agencies
Transmittel to other agencies of Presi-
President with respect to the exercise of
may extend veterans' benefits to some
dential decisions. Section 101.12 provides
his constitutional power of executive
holders of a Clemency Discharge, but it
that grants of immediate parden by the
clemency, the Board does not consider it-
is contemplated that most will not re-
President are transmitted formally to
self formally bound by the Administra-
ceive veterans benefits.
other government agencies, as appropri-
tive Procedure Act. Nonetheless, within
Availability of files to applicant and
ate. Pending completion of the alterna-
the time and resource constraints gov-
his representative. Section 101.7(c) clari-
tive service requirement, grants of con-
erning it, the Board wishes to adhere as
fies which files an applicant and his
ditional clemency are communicated to
closely as possible to the principles of
representative have a right to see. At
another federal Agency only to the extent
procedural due process. The administra-
the offices of the Board, information col-
this information is necessary for the
tive procedures established in these reg-
lected by the Board independently of
agency to perform its functions under
ulations reflect this decision.
any other government agency is readily
the clemency program or for other nec-
The Board may publish changes in in-
available to an applicant or his repre-
essary action respecting the applicant.
dividual sections as it deems necessary.
sentative. All files obtained from other
Upon completion of alternative service,
The Board welcomes continuing com-
agencies are available to the extent not
notification of the pardon is forwarded
ment on problems which may arise in the
barred by the rules of the agency own-
to all appropriate agencies. Denials of
application of particular sections of
ing the file. For example, the Selective
clemency by the President are held con-
these procedures and invites recommen-
Service System file is available to him
fidential by the Board.
dations on how best these problems may
and his representative. Files from an-
The intent of this section, adopted here
be resolved.
other agency are cited in a summary
in response to several comments is that
when they are used as the basis of state-
a person who applies for clemency should
Several dozen technical changes have
ments in that summary. Reason for
not be prejudiced tn his pursuit of other
been made in these regulations in re-
remedies through the military services'
sponse to new circumstances that were
denial of access to any of these files is
presented to the Board. Some clarify sig-
stated in writing upon request.
discharge review processes or elsewhere.
Other remedies available to applicant.
nificantly the rights and procedures
This subsection is in response to com-
Section 101.15(b) requires that Board
available to applicants. The following is
ments that !! 201.5(b) and 201.6(c),
staff inform both applicants to the Board
an explanation of those changes which
read together, were either unclear or
and persons who inquire about the
seem to the Board to be most significant:
overbroad.
clemency program, but are clearly not
Jurisdiction. Section 101.3 has been
Completed case summary. The com-
under the Board's jurisdiction, of the
added in order to incorporate the criteria
pleted case summary consists of the
remedies available to them under mili-
for determining whether or not a person
initial case summary, amendments as
tary discharge review processes and
is eligible for consideration by the Presi-
described in the §§ 101.8 (c) and (e),
through the judiciary. Applicants to the
dential Clemency Board. It restates the
and the materials submitted by the ap-
Board or to one of the other agencies
criteria established in Proclamation 4313
plicant and his representative as de-
administering part of the elemency pro-
(Announcing a Program for the Return
scribed in $ 101.8(b). Where, in the
gram may pursue such other remedies
of Vietnam Era Draft Evaders and Mili-
opinion of the Board, there is a conflict
simultaneously or subsequently to, or m-
tary Deserters) and repeated in Execu-
of fact, false statement, or omission ma-
stead of their remedies under the clem-
ve Order 11803 (Establishing a Clem-
terial to the Board's consideration of an
ency program. The Board's staff informs
icy Board *).
aggravating or mitigating circumstance.
them of their other options.
FEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 27, 1975
12764
RULES AND REGULATIONS
Aggravating and mitigating circum-
Sec.
& 101.4 Remedies.
stances. Sections 102.3 and 102.4 contain
101.7
Assignment of Action Attorney and
new aggravating and mitigating circum-
case number, and determination of
(a) The Board is empowered only to
jurisdiction.
make recommendations to the President
stances which the Board deems material
101.8
Initial case summary.
on clemency applications. The Board has
to its decisions.
101.9
Consideration before the Board.
no final authority of its own. The Board
The Board notes that it has seen a
101.10
Recominendations to the President.
may recommend to the President that he
number of cases of persons who behaved
101.11
Reconsideration.
take one or more of the following actions:
with valor during combat, but then com-
101.12
Transmittal to other agencies of
mitted AWOL offenses because of mental
clemency decisions.
(1) Grant an unconditional pardon
stress caused by combat. The Board calls
101.13
Confidentiality of communications.
without a requirement of alternative
attention to this mitigating circum-
101.14
Representation before the Board.
service;
101.15
stance as one which it considers particu-
Requests for information about the
(2) Grant an unconditional pardon
Clemency Program.
upon the satisfactory completion of a
larly important in some cases.
101.16 Postponement of Board considers-
A number of comments from the pri-
specified period of alternative service
tion and of the start of alternative
not to exceed 24 months;
vate bar have suggested that the Board
service.
(3) Grant a clemency discharge in
should add as a mitigating circumstance
Appendix A: Application kit.
Appendix B: Proclamation 4318.
substitution for & Dishonorable, Bad
"evidence that an applicant would prob-
ably have obtained a Selective Service
Appendix C: Executive Order 11803.
Conduct, or Undesirable Discharge;
(4) Commute the sentence; or
status or military discharge or reassign-
AUTHORITY: Executive Order 11803, 39 FR
ment beneficial to him, but failed to ap-
(5) Deny clemency.
33297, as amended.
ply due to lack of knowledge or confu-
(b) In unusual circumstances and as
sion." Mitigating circumstances #1, 8,
§ 101.1 Purpose and scope.
authorized by Executive Order 11803, the
and 9, in conjunction, are adequate to
This part establishes the procedures
Board may make other recommenda-
meet this problem.
of the Presidential Clemency Board.
tions as to the form that clemency should
Calculation of length of alternative
Certain other matters are also treated,
take. This shall only be done in order to
service. Subsection 102.5(c) has been
such as the assistance to be given to in-
give full effect to the intent and purposes
added in order to make clear the Board's
dividuals requesting determinations of
of the Presidential Clemency program.
decision that the initial baseline period
jurisdiction, or requesting information
§ 101.5 Initial filing.
of alternative service for applicants with
respecting those parts of the Presidential
Undesirable Discharges is three (3)
Clemency Program which are adminis-
(a) In order to comply with the re-
months.
tered by the Department of Defense and
quirements of Executive Order, 11803, as
Eligibility of clemency recipients for
the Department of Justice under Presi-
amended, an individual must make an
military discharge review remedies. The
dential Proclamation 4313 (39 FR 33293).
initial filing to the Board not later than
Presidential Clemency Board notes, al-
March 31, 1975. The Board considers suf-
§ 101.2 General definitions.
though the matter is not one for inclu-
ficient as an initial filing any written
sion in its regulations, that it has
"Action attorney" means an attorney
communication postmarked not
received numerous comments which as-
on the staff of the Board who is assigned
than March 31, 1975, and receive
sume that a recipient of executive clem-
an applicant's case.
the Board, the Department of Jus
ency under the President's clemency
"Applicant" means an individual who
the Department of Defense, the Depart-
program is ineligible for consideration
invokes the jurisdiction of the Board,
ment of Transportation, or the Selective
under the military services' discharge
and who has submitted an initial filing.
Service System. In the communication
review processes.
"Board" means the Presidential
an individual or his representative must
This is incorrect. Any applicant to the
Clemency Board as created by Executive
request consideration of the individual's
Board for executive clemency may also
Order 11803 (39 FR 33297) or any duly
case or raise questions which evidence
seek review of his discharge through one
authorized panel of that Board.
a serious interest in applying for the
of the military services' discharge re-
program. Oral applications made not
§ 101.3 Jurisdiction.
view boards or boards for the correction
later than March 31, 1975 are considered
of military records. Applying to the
Jurisdiction lies with the Board with
sufficient if reduced to writing, and post-
Board does not exclude a former service-
respect to a particular person if such
marked not later than May 31, 1975.
man from the jurisdiction of the military
person applies to the Board not later
(b) If an initial filing is made by &
services' boards, nor does it preclude the
than March 31, 1975 and:
representative, the case is not considered
remedies which are available from those
(a) He has been convicted for failure
by the Board unless and until the appli-
boards.
under the Military Selective Service Act
cant submits a written confirmation of
The Presidential Clemency Board
(50 App. U.S.C. 462) or any rule or regu-
his clemency application. This confirma-
notes that a veteran who receives a
lation promulgated thereunder to register
tion by the applicant may be sent either
Clemency Discharge through the Board
or register on time, to keep the local
directly or through a representative, but
board informed of his current address,
it must be mailed not later than May 31,
may subsequently seek, according to the
to report for or submit to preinduction or
1975. A statement by an attorney that he
Department of Defense, an upgrading of
that discharge through the military serv-
induction examination, to report for or
is acting on behalf of an applicant is suf-
submit to induction itself, or to report for
ficient. Applications by a representative
ices' normal discharge review processes.
or submit to, or complete (alternative)
on behalf of an applicant may be con-
This chapter will become effective
service under section 6(j) of the Act for
sidered by the Board where good cause is
immediately.
offenses committed during the period
shown why the applicant is unable to
Issued in Washington, D.C. on March
from August 4, 1964 to March 28, 1973,
apply.
18, 1975.
inclusive; or
§ 101.6 Application form.
CHARLES E. GOODELL,
(b) He has received a punitive or
(a) Upon receipt of an initial filing. a
Chairman, Presidential Clem-
undesirable discharge as a consequence
member of the Board's staff makes a de-
ency Board, The White House.
of offenses under Article 85 (desertion),
termination of probable jurisdiction.
1. Part 101 is added to read as follows:
86 (AWOL), or 37 (missing movement)
Persons who are clearly beyond the
of the Uniform Code of Military Justice
Board's jurisdiction are so notified in
PART 101-ADMINISTRATIVE
(10 U.S.C. 885, 886, 887) that occurred
writing. A person who questions this de-
PROCEDURES
between August 4, 1964 and March 28,
termination should promptly write the
Sec.
1973, inclusive, or is serving a sentence of
General Counsel, Presidential Clemency
101.1
Purpose and scope.
confinement for such violation.
Board, The White House, Washington,
101.2
General definitions.
(c) Jurisdiction will not lie with re-
D.C. 20500, stating his reasons for
101.3
Jurisdiction.
101.4
Remedies.
spect to an individual precluded from
tioning the determination. The G
1
101.5
Initial filing.
re-entering the United States under 8
Counsel of the Board makes the final de-
101.6
Application form.
U.S.C. 1182 (22) or other law.
termination of probable jurisdiction and
FEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1973
RULES AND REGULATIONS
12765
so notifies the applicant or his repre-
tion in a particular case, he promptly
(f) Where, in the opinion of the Board,
sentative in writing stating the reasons
notifies the applicant or his representa-
there is a conflict of fact, false state-
why. In doubtful cases, a final determi-
tive in writing, stating the reasons for
ment, or omission material to the Board's
nation of jurisdiction is made by the
such a determination.
consideration of an aggravating or miti-
Board.
(f) An applicant or his representative
gating circumstance, as specified in
(b) A person who has been notified
who questions this adverse determination
18 102.3 and 102.4, the case is tabled. The
that jurisdiction does not lie in his case
of jurisdiction should write the General
Action Attorney is then instructed to ob-
is considered as having made a timely
Counsel of the Board in accordance with
tain additional facts.
filing if the final determination is that
the provisions of $ 101.6(a).
§ 101.9 Consideration before the Board.
the Board has jurisdiction over his case.
§ 101.8 Initial case summary.
(c) A person who is within the juris-
(a) At a regularly scheduled meeting
diction of the Board is sent an applica-
(a) Upon receipt of the necessary rec-
of the Board, an applicant's case is con-
tion form, information about the Presi-
ords and files, the Action Attorney pre-
sidered. The Board may provide by rule,
dential clemency program, instructions
pares an initial case summary of the ap-
however, that cases will be initially con-
for the preparation of the application
plicant's case. The files, records, and any
sidered by panels of not less than three
form, a statement describing the Board's
additional sources used in preparing the
Board members. Any case may be
procedures and method of determining
initial case summary are listed. No other
brought before a majority of the full
cases, and a list of volunteer counseling
material is used. The initial case sum-
Board for consideration at the request
mary includes the name and business
of a panel member. Panel recommends-
services.
(d) The person is urged to return the
telephone number of the Action Attorney
tions will be considered and approved by
completed application form to the Board
who may be contacted by the applicant
a majority of the full Board.
as soon as possible. Completed applica-
or his representative.
(b) The Action Attorney presents to
tion forms must be postmarked within
(b) The initial case summary is sent
the Board a brief statement of the com-
sixty (60) days of the time they were
by certified mail to the applicant or his
pleted case summary and, as provided
mailed by the Board, in order to qualify
representative. The summary is accom-
in $ 101.8(b), the material submitted by
for the Board's consideration as a matter
panied by an instruction sheet describing
the applicant.
the method by which the summary was
of right
(c) The Board grants a personal ap-
prepared and by a copy of the guidelines
pearance to an applicant and his rep-
§ 101.7 Assignment of Action Attorney,
used by the Board for the determination
resentative if they can show in's written
case number, and determination of
of cases. Applicants are encouraged to
statement that such an appearance is
jurisdiction.
review the initial case summary for ac-
necessary to the Board's understanding
(a) Upon receipt by the Board of the
curacy and completeness and advised of
of the applicant's case. The Board con-
completed application form or of infor-
their right to submit additional sworn
siders each request for an oral presen-
mation sufficient for the Board to re-
or unsworn material. Additional material
tation at a regular meeting and informs
quest the records and files specified in
may be submitted in any length. Nothing
the applicant and his representative
paragraph (b) of this section, the ap-
over three (3) single-spaced, typewritten,
whether or not his request has been
Mcant's case is reviewed for preliminary
letter-sized pages in length is read ver-
granted.
termination of the Board's jurisdic-
batim to the Board. Where necessary,
(d) Any oral presentation granted by
tion. If it appears that the Board has
therefore, an applicant should summa-
the Board shall not exceed a reasonable
jurisdiction over the case, a file is opened
rize his additional material to comply
period of time. Neither applicant nor his
and a case number assigned. The Board
with this verbatim presentation require-
representative may be present when the
will then request from all appropriate
ment. If this is not done, the Action
Board begins deliberations, but should
government agencies the relevant rec-
Attorney does so.
remain available for further consulta-
ords and files pertaining to the appli-
(c) At any time before Board consid-
tion immediately thereafter.
cant's case.
eration of his case, an applicant may sub-
(e) After due deliberation the Board
(b) In normal circumstances. the rel-
mit evidence of inaccurate, incomplete,
decides upon its recommendation to the
evant records and files for civilian cases
or misleading information in the com-
President listing the factors it considered
are the applicant's files from the Bu-
plete Board file or other files. This in-
in making its recommendation.
reau of Prisons and information that he
formation is incorporated in applicant's
has sent to the Board. For military cases,
Board file.
$ 101.10 Recommendations to the Pres-
they will include the applicant's military
(d) An applicant's case is ready for
ident.
personnel records. military clemency
final consideration by the Board not
(a) At appropriate intervals, the
folder, record of court martial, if any,
sooner than thirty (30) days after the
Chairman of the Board submits to the
and information that the applicant has
initial case summary is mailed to the
President certain master warrants list-
sent to the Board. Applicants and their
applicant. Material which amends or sup-
ing the names of applicants recom-
representatives have the right to request
plements the applicant's initial case sum-
mended for executive clemency and a
that the Board consider other pertinent
mary must be postmarked within this
list of the names of applicants consid-
files. The Board will attempt to comply
thirty (30) day period to ensure that it
ered by the Board but not recommended
with these requests.
is considered. An applicant's request that
for clemency. The Chairman will also
(c) At the offices of the Board. infor-
this thirty (30) day period be extended
submit such terms and conditions for
mation collected by the Board inde-
is liberally granted by the Action Attor-
executive clemency, if any, that have
pendently of any other agency is readily
ney, if the request is received prior to
been recommended in each case by the
available to an applicant or his repre-
Board action and is reasonable.
Board.
sentative. All files obtained from other
(e) Upon receipt of the applicant's re-
(b) Following action by the President,
agencies are available to the extent not
sponse to the initial summary. the Action
the Board sends notice of such action
barred by the rules of the agency owning
Attorney notes all such amendments, sup-
in writing to all applicants whose
the file. Files from another agency are
plements, or corrections on the initial
names were submitted to the President.
cited in a summary when they are used
summary submitted by the applicant or
Each applicant is sent 8 list of the miti-
as the basis of statements in that sum-
his representative. All such amendments
gating and aggravating circumstances
mary. Reason for denial of access to any
are attached to the initial case summary
decided by the Board to be applicable
of these files is stated in writing upon
with notation by the Action Attorney of
in his case.
request.
any discrepancies of fact which in his
(d) Where the initial filing contains
§ 101.11 Reconsideration.
opinion remain unresolved. The complete
adequate information, the Board staff
case summary consists of the initial sum-
(a) An applicant may ask the Board
may assign a case number and request
mary, amendments as described in para-
for reconsideration of his case. Petitions
cords and files prior to receipt of the
graph (c) and this section, and the ma-
for reconsideration, including any sup-
impleted application form.
terials submitted by the applicant and
plementary material, must be post-
(e) If the Action Attorney determines
his representative as described in para-
marked within thirty (30) days of Board
that the Board does not have jurisidic-
graph (b) of this section.
mailing specified in $ 101.10(b).
FEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975
12766
INSUES AND REGULATIONS
(b) At a regularly education Board
when? only information sufficient for a
$ 101.16 Partponement of
meeting. a majority of the Board being
determination of jurisdiction and for the
sideration and of the start of
present, # will reconsider the applicant's
retrieval of necessary official records and
native service.
case if the applicant's petition shows one
files. The application form requires the
(a) An applicant may request that
or more of the following:
applicant's name, date of birth, selective
the Board defer consideration of his case
(1) New fact, material to the disposi-
service number, military branch and
for a reasonable period of time. Such de-
tion of his case, which the Board had
service number, if applicable, informa-
ferments are liberally granted provided
not previously considered, provided that
tion concerning the draft evasion offense
that they do not result in an undue dis-
the applicant explains to the Board's
or absence-related military offense, and
ruption of the Board's operations or de-
satisfaction why such facts were not sub-
the disposition thereof. and the mailing
lay the final termination of the Board's
mitted earlier. New facts are, for purposes
address and telephone number of either
operations.
of this section, considered material only
the applicant or his representative.
(b) An applicant who has been granted
if they relate to presence or absence of
(b) The Board takes all steps in its
executive clemency conditioned upon a
an aggravating circumstance under
power to protect the privacy of sp-
period of alternative service may ask
$ 102.3 or of a mitigating circumstance
plicants and potential applicants to the
for the postponement of the beginning
under $ 102.4, or to calculation of length
Presidential clemency program. No per-
of his period of alternative service for a
of alternative service under I 102.5.
sonal information concerning an ap-
reasonable period of time. The reasons
(2) Factual error, in the complete case
plicant or potential applicant is released
for which a postponement may be grant-
summary or other document considered
by the Board unless disclosure is neces-
ed include personal hardship and con-
by the Board that was material to the
sary for the proper functioning of the
flicting obligations. The Board makes
Board's disposition of his case and detri-
Board (e.g., to the Selective Service Sys-
every effort, consistent with its own au-
mental to him; or
tem so that alternative service may be
thority and that of the Selective Service
(3) Procedural error that was material
performed) or unless required by law.
to the Board disposition of his case and
(1) Information which reveals com-
System to accommodate postponement
requests.
detrimental to him.
mission of a serious crime, unrelated to
2. Part 102 is added to read as follows:
(c) The Board may at its discretion
any offense subject to the jurisdiction of
permit an applicant or his representative
the Presidential clemency program is
PART 102-SUBSTANTIVE STANDARDS
a reasonable period of time to present
forwarded to the appropriate authorities.
Sec.
before the Board an oral statement. The
(2) As required by law, the name (but
102.1 Purpose and acope.
provisions of 1 101.9 apply to any request
only the name) of a recipient of clem-
102.2 Board recommendationa
for a personal appearance.
ency is released to the public.
102.4 Mitigating circumstances.
(d) After due deliberation, the Board
(c) An personal information obtained
192.5 Calculation of length of alternative
may:
by the Board in the course of reviewing
service.
(1) Leave unchanged its original rec-
an applicant's case, except information
AUTHORITY: Executive Order 11803, 39 FR
ommendation;
obtained from other agencies, is sealed
33297, as amended.
(2) Where executive clemency was not
by the Board. This happens when the ap-
$ 102.1 Purpose and scope.
granted, recommended to the President
plicant has received his pardon from the
President or when the Board's operations
This section contains the standards
that he grant it in accordance with such
terms and conditions as may be appro-
terminate, whichever is earlier.
which the Board employs in deciding
(d) Upon announcement of the Presi-
whether or not to recommend that
priate;
(3) Where executive clemency was
dent's disposition of a case, the Board
President grant executive clemeri
may publish a summary of that case
whether or not elemency should be con
granted, recommend to the President
after the removal of all information
ditioned upon satisfactory completion of
that he diminish the length of alternative
service on which the grant of clemency
likely to identify the individual.
a period of alternative service, and, if
so, what the length of this alternative
has been conditioned or immediately
4 101.14 Representation before the
service is.
grant a full and unconditional pardon.
Board.
(e) Applicants requesting reconsider-
§ 102.2 Board recommendations.
(a) Although an applicant may bring
ation are 80 notified In writing of the
his case before the Board without a rep-
In each case the Board decides first
Board's decision, together with the
resentative, each applicant is advised of
whether or not it will recommend the
reasons.
his right to representation and encour-
President that the applicant be granted
$ 101.12 Transmittal to other agencies
aged to seek counsel experienced in mill-
executive clemency. In reaching this de-
of elemency decisions.
tary or selective service law. A. repre-
cision, the Board considers the aggre-
sentative need not be an attorney,
vating circumstances in $ 102.3 and the
(a) The Chairman of the Board may
although legal counsel is recommended
mitigating circumstances in 4 102.4.
forward for further action to the Secre-
to applicants. The Board staff advises
taries of the Army, Navy. and Air Force,
$ 102.3 Aggravating circumstances.
the Secretary of Transportation, the Di-
applicants of those private sources
(a) Presence of any of the aggravat-
rector of the Selective Service System,
which are available to provide counsel-
ing circumstances listed below may
and the Attorney General, as appropri-
ing.
either disqualify an individual for ex-
ate, only such information about the
§ 101.15 Requests for information about
ecutive clemency or cause the Board
President's decision as is necessary in the
the Clemency Program.
to recommend to the President a period
Board's judgment for the agency to per-
of alternative service exceeding the
form its functions under the President's
(a) Upon receipt by the Board of a re-
applicant's "baseline period of alterna-
clemency program or for other necessary
quest for information from an individual
tive service," as determined under
action respecting the applicant.
clearly not within the jurisdiction of the
$ 102.5.
(b) A decision by the President to deny
Board, the Board's staff attempts to de-
(b) Aggravating circumstances of
executive clemency to a person who has
termine his eligibility for any other part
which the Board takes notice are:
fully discharged his obligations under the
(1) Other adult criminal convictions;
of the Presidential clemency program. If
law for his offense is not transmitted by
(2) False statement by applicant to
the Board to any other agency of the
requested, the Board attorney preserves
the Presidential Clemency Board;
United States Government or to any
the confidentiality of the individual's
(3) Use of force by applicant collater-
other person, public or private, except
location.
ally to AWOL, desertion, or missing
the applicant or his representative.
(b) A member of the Board's staff also
movement or civilian draft evasion
5 101.13 Confidentiality of communica-
informs any individual of other reme-
offense;
(4) Desertion during combat;
tions.
dies available to him, including those
(5) Evidence that applicant committed
(a) In order to have his case consid-
from the Departments of Justice and
offense for obviously manipulative and
ered by the Board, an applicant need
Defense and through judicial processes.
selflah reasons;
FEDERAL REGISTER, VOL. 40, NO. 56-FRIDAY, MARCH 21, 1975
RULES AND REGULATIONS
(6) Prior refusal to fulfill court or-
not clemency should be conditioned upon
dered alternative service;
a specified period of alternative service
(7) Violation of probation or parole;
and, if so, what length that period should
(8) Multiple AWOL/UA offenses; and
be:
(9) AWOL/UA of extended length.
(1) The starting point for calculation
(c) Whenever an additional aggravat-
of length of alternative service will be 24
ing circumstance not listed is considered
months.
by the Board in the discussion of a par-
(2) The starting point will be reduced
ticular case, and is material to the dispo-
by three times the amount of prison time
sition of that case, the Board postpones
served.
final decision of the case and immedi-
(3) The starting point will be further
ately informs the applicant and his rep-
reduced by the amount of prior alterna-
resentative of their opportunity to sub-
tive service performed, provided that the
mit evidence material to the additional
prescribed period of alternative service
circumstance.
has been satisfactorily completed or is
§ 102.4 Mitigating circumstances.
being satisfactorily performed.
(4) The starting point will be further
(a) Presence of any of the mitigating
reduced by the amount of time served on
circumstances listed below or of any
probation or parole, provided that the
other appropriate mitigating circum-
prescribed period has been satisfactorily
stance is considered as cause for rec-
completed or is being satisfactorily per-
ommending that the President grant
formed.
executive clemency to an applicant, and
(5) Subject to paragraphs (b) and (c)
as cause for reducing the applicant's
of this section, the baseline period of al-
alternative service below the baseline
ternative service will be the remainder of
period, as determined under $ 102.5.
these four subtractions or final sentence
(b) Mitigating circumstances of which
to imprisonment, whichever is less.
the Board takes notice are:
(b) In no case will the baseline period
(1) Lack of sufficient education or
of alternative service be less than three
ability to understand obligations or
(3) months.
remedies available under the law;
(c) For applicants who have received
(2) Personal and family problems
an Undesirable Discharge from a military
either at the time of offense or if appli-
service, the baseline period of alternative
cant were to perform alternative service;
service shall be three (3) months. a
(3) Mental or physical condition;
(d) The Board may consider mitigat-
(4) Employment and other activities
ing circumstances as cause for recom-
of service to the public;
mending clemency upon satisfactory
(5) Service-connected disability,
completion of a period of alternative
wounds in combat or decorations for
service that is less than an applicant's
valor in combat;
baseline period of alternative service, or
(6) Period of creditable military
for recommending an immediate pardon.
service;
(e) In cases in which aggravating cir-
(7) Tours of service in the war zone;
cumstances are present and are not, in
(8) Substantial evidence of personal
the Board's judgment, balanced by miti-
or procedural unfairness;
gating circumstances, the Board may
(9) Denial of conscientious objector
consider such aggravating circumstances
status, of other claim for Selective Serv-
as cause for recommending clemency
ice exemption or deferment, or of a claim
upon satisfactory completion of a period
for hardship discharge, compassionate
of alternative service exceeding, by three
reassignment, emergency leave, or other
(3), six (6), or nine (9) additional
remedy available under military law,
months, the applicant's baseline period
on procedural, technical, or improper
of alternative service. In extraordinary
grounds, or on grounds which have sub-
cases, as an alternative to denying clem-
sequently been held unlawful by the
ency, the Board may increase the base-
judiciary;
line period to a maximum of not more
(10) Evidence that an applicant acted
than 24 months.
for conscientious, not manipulative or
selfish reasons;
PART 201-[REVOKED]
(11) Voluntary submission to authori-
3. Part 201 is revoked.
ties by applicant;
PART 202-[REVOKED]
(12) Behavior which reflects mental
4. Part 202 is revoked.
stress caused by combat;
(13) Volunteering for combat, or ex-
[WR Doc.75-7464 Filed 3-20-75;8:45 am
tension of service while in combat;
(14) Above average military conduct
and proficiency; and
(15) Personal decorations for valor.
(c) An applicant may bring to the
Board's attention any other factor which
he believes should be considered.
4 102.5 Calculation of length of alterna-
tive service.
(a) Having reached a decision to rec-
ommend that the President grant execu-
tive clemency to a particular applicant,
the Board will then decide whether or
Members of the Presidential Clemency Board:
I-F
DR. RALPH ADAMS, 59 Years of Age
Educator.
He has been President of Troy State University in Troy, Alabama,
for ten years. He is a graduate of Birmingham Southern with LLB
and JD degrees from the University of Alabama. Brigadier General,
Air National Guard of Alabama.
MR. JAMES P. DOUGOVITA 28 Years of Age
He is a full-time teaching aide of minority students in the Department
of Applied Technology, Michigan Tech University. Mr. Dougovita is
a veteran and has been awarded the Combat Infantryman Badge, Silver
National Guard.
Star, Bronze Star, Purple Heart, and is now a Captain in the Michigan
HONORABLE ROBERT H. FINCH, 51 Years of Age
Lawyer and partner in the firm of McKenna, Fitting & Finch in Los
Angeles, California. He was formerly Secretary of HEW and
Counselor to President Nixon.
HONORABLE CHARLES E. GOODELL, 48 Years of Age
Former Senator from New York who is currently in the private
practice of law. He was a Ford Foundation Fellow at Yale and was
a graduate of Williams College.
FATHER THEODORE HESBURG, 57 Years of Age
President, University of Notre Dame, and holds honorary degrees
from numerous colleges and universities. He is a permanent
Vatican Delegate. He has served as Chairman of the U.S. Committee
on Civil Rights and as a member of the Committee on All-Volunteer
Armed Force.
AIR. VERNON E. JORDAN, 39 Years of Age
recutive Director of the National Urban League, an organization
concerned with the advancement of the minority groups. 'Mr. Jordan
is a lawyer by profession and served previously as the Executive
Director of the United Negro College Fund, Director of the Voter
Education Project, Southern Regional Council and as Attorney-
Consultant in the U.S. Office of Economic Opportunity.
MR. JAMES MAYE. 31 Years of Age
He is Executive Director of Paralyzed Veterans of America in
Washington, D. C. He is a graduate of Bridgewater College,
Bridgewater, Virginia and received his masters' degree from
Virginia Commonwealth University.
MRS. AIDA CASANAS O'CONNOR. 52 Years of Age
A woman lawyer with a Masters of Laws degree from George Washington
University, Washington, D. C. She is a member of the Bar of the State
of New York, the Supreme Court of Puerto Rico, U.S. District Court
c: Puerto Rico, and the Supreme Court of the United States. Presently
she is Assistant Counsel to the New York State Division of Housing and
Community Renewal in New York City.
ENERAL LEWIS W. WALT. USMC (Ret), 61 Years of Age
We retired after 34 years in the Marine Corps and is a veteran of the
Recond World War, the Korean and Vietnamese wars. He was an
Assistant Commandant of the Marine Corps. He has received the
TY Cross, Silver Star, Legion of Merit, Bronze Star, the Purple
Heart and numerous other military decorations.
II. Major Functional Divisions
II
MAJOR FUNCTIONAL DIVISIONS
RECEIVING AND LOGGING OF APPLICATIONS
REQUESTS FOR RECORDS AND ASSIGNMENT OF CASES
PREPARATION OF INDIVIDUAL CASES SUMMARIES
QUALITY CONTROL
PRESENTATION TO THE CLEMENCY BOARD
DISPOSITION
FORD
STANDARD OPERATING PROCEDURES ON SUMMARY
PAPER FLOW
1. Benson notifies Mitchell of number of files ready for distribution.
2. Mitchell assigns blocks of cases to team leaders.
3. Team leaders prepare "out cards" and assign cases individually.
4. Team leaders report back to Benson names of individual attorneys
assigned.
5. As summaries are written, they are given to secretary to be typed
in draft.
6. Secretary makes xerox copy of draft.
7. Draft copy is returned to attorney for corrections with xerox.
8. Draft copies plus file is given to team leader for initial review.
9. Team leader gives file plus drafts to Quality Control.
10. Quality Control coordinates with case attorney on any questions
or changes.
11. Quality Control gives draft to secretary to type in final and returns
file to the records room.
12. Secretary gives final to case attorney to check for errors.
13. Case attorney gives final to Quality Control for additional check.
14. Quality Control returns final to secretary to xerox 20 copies.
15. Sec retary gives 20 copies to Jay.
16. Jay sends one copy to applicant, one copy to attorney, one copy to
Gretchen with certified number slip, one copy to case attorney noting
date of mailing, original and three copies to records room and remainder
to Quality Control.
17. Records notifies Benson that case has been completed.
18. Quality Control uses summary in preparation of docket
19. When green certifi d ma 1 card is returned Gretchen attaches it to
white copy with S mmary and routes it to the case attorney who then
files it.
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
March 31, 1975
MEMORANDUM FOR
STAFF
FROM
JOHN FOOTE
SUBJECT
Docket Preparatic 1 Stan dard
Operating Procedu re (SOP)
The following SOP on Docket preparation is effective upon
issuance:
A. PRESENTATION DOCKET AND GENERAL RULES
Every Monday each team leader will pick up, from central
files, an adequate supply of cases for each of his available
team members for that week. Appropriate caseload will be
determined by Associate General Counsel for Operations
(AGCO) after consultation with team leaders.
At the time cases are picked up, each team leader will pre-
pare a list of his cases including case number and the name of
the action attorney to which the case has been assigned. These
lists will be given to the Docket Controller who will consolidate
them each Mo nday. This will constitute the Presentation Docket.
The Docket Controlle r will keep the Presentation Docket for
each Board meeting open until five (5) working days prior to
the scheduled date of the meeting. Cases docketed after that
date will be assigned to the Presentation Docket for the next
Board meetin
***
The general rule will be that every case on the Presentation
Docket will be presented at the Board meeting for which the
Docket .S prepared, unless it is removed to another docket or
calendar as described below in Section B.
FORD
When a case on the Presentation Docket cannot be presented,
for one of the reasons listed below in Section B, the action
attorne through the team leader, must insure that that fact
is brought to the attention of the Docket Controller, who will trans-
fer the case to the appropriate docket or calendar.
-2-
The Docket Controller will be responsible to the AGCO for
managing the dockets and calendars, for insuring that they
are up to date, that cases are removed to the appropriate
docket or calendar, and that cases on each second ary docket
and calendar are followed up and disposed of as ra pidly as
possible.
B. SECONDARY DOCKETS AND CALENDARS
The following types of cases will be removed from the
Presentation Docket upon r otification of the Docket Con-
troller. Each action attor. ey will be responsible for in-
forming the Docket Contro ler th ough the team leader of
when a case must be remo ed and the docket or calendar
to which it must be remove 1.
1. Rule Limitations -- Cases on which the thirty (30)
day response period provided by Rule 101. 8(d), or on
which the applicant has requested a delay before his case
is presented to the Board, pursuant to that Rule, will be
removed to the next Presentation Docket.
2. Cases Assigned After A Docket Is Closed = Cases
which are distributed to the team leaders less than five
(5) working days prior to the currently scheduled Board
meeting will be placed on the Presentation Docket for the
next Board meeting.
3. Case Summaries Not Prepared -- Cases for which
case summaries have not been prepared, because there was
inadequate time to do so, or information was lacking, or any
other reason, will be removed to the Presentation Docket
for the next Board meeting. The Docket Controller will
insure that cases in this category are monitored closely.
4. Jurisdictional Problems -- Cases which present juris-
dictional problems requiring resolution by the General Counsel,
or by the Board itself, must be removed to a Jurisdictional
Question Doc ket. The action attorney will prepare a brief
memo on the case, setting forth the facts and the jurisdictional
problem presented, and give it to the Docket Controller.
The Docket Controller will inform the AGCO when any cases
are added to this docket.
-3-
5. Personal Appearances -- Cases for which the applicant's
representative is requesting an appearance before the Board
must receive special attention, and must be placed on Personal
Appearance Docket - Requests. If the Board grants the request,
the AGCO will insure that the Docket Controller transfers the
case to the Personal Appearance Docket - Granted, and that
the attorney or representative for the applicant is informed of a
date for his appearance. If the Board denies the request, it
will either proceed immediately to consider the case, or the
AGCO will insure that the Docket Controller transfers the case
to the Presentation Docket for the next Board meeting. The
Docket Controller will insure that the appropriate team leader
is informed.
The following situations do not require removal from the
Presentat on Docket, but do require special listing and
attention.
6. Unexecuted Discharges -- When a case involves an
unexecuted discharge, it must be noted by the Docket Con-
troller on an Unexecuted Discharge Calendar, to permit
follow-up by team leaders. The AGCO will insure that once
the Board has disposed of these cases, they are placed on
this calendar.
7. Suspended Discharges -- When a case involves a
suspended discharge, present practice is that they are not
written up, or presented to the Board. The action attorney,
through the team leader, will inform the Docket Controller of
such cases, who will place the case on a Suspended Discharge
Calendar, for follow-up.
8. Tabled Cases -- After the Board has tabled a case, the
AGCO will insure that that fact is brought to the attention of
the Docket Controller, who will record the case number, the
action attorney and the reason for the tabling on the Tabled
Case Calendar. He will inform the appropriate team leaders
of these tabled cases. The team leaders will insure that these
cases are followed up.
-4-
9. Cases Withheld From The President -- Several cases
which have been disposed of by the Board have developed
problems which indicate that they should be withheld from
the President pending resolution of those problems. The
AGCO will inform the Docket Controller and the team leader
of these cases, and insure that they are recorded on a Case
Withheld From The President Calendar.
When cases have been finally disposed of by the Board, and
there are no problems preventing presentation to the Presi-
dent, the Docket Controller will insure that they are removed
from all Dockets and Calendars.
NOTE TO CHART II B
Within 5 days of the date a case is assigned to a team leader it
is put on a docket for the Clemency Board. If any problem should be
encountered in the preparation of a case that could delay it unneces-
sarily, the docket controller must be notified. The docket will
remain open until 5 days prior to the Board meeting for which it had
originally been prepared.
Any of a number of reasons may merit the removal of a case from
the docket, i.e.:
1) a. request from applicant for time to submit further
information or documentation.
2) a jurisdictional question which must be settled
before a case can be presented.
3) an applicant's attorney may have requested a personal
appearance which must be considered before case can
be considered.
II-1
STANDARD OPERATING PROCEDURES ON SUMMARY
PAPER FLOW
1. Beason notifies Matchell in number of Siles ready for distribution
2. Mitchell assigns blocks of cases to team leaders.
3. Team leaders prepare "out cards" and assign cases individually.
.1. Team leaders report back to Benson names of individual attorneys
assigned.
5. As summaries are written. they are given to secretary to be typed
in draft.
6. Secretary makes xerox copy of draft.
7. Draft copy is returned to attorney for corrections with xerox.
8. Draft copies plus file is given to team leader for initial review.
?. Team leader gives file plus drafts to Quality Control.
10. Quality Control coordinates with case attorney on any questions
or changes.
II. Quality Control gives draft to secretary to type in final and returns
file to the records room.
12. Secretary gives final to case attorney to check for errors.
13. Case attorney gives final to Quality Control for additional check.
1.1. Quality Control returns final to secretary to xerox 20 copies.
15. Secretary gives 20 copies to Jay.
16. Jay sends one copy to applicant, one copy to attorney, one copy to
Gretchen with certified number slip. one copy to case attorney noting
date of mailing, original and three copies to records room and remainder
to Quality Control.
17. Records notifics Benson that case has been completed.
18. Quality Control uses summary in preparation of docket.
19. When green certified mail card is returned: Gretchen attaches it 10
white copy with summary and coutes it to the case attorney who Usen
I - 2
SOP On Correspondence Paperflow
1. Correspondence received from Gretchen will be recorded by
Mitchell and assigned in blocks to Team Leaders.
2. Team Leaders will further distribute the letters to individual
drafting attorneys.
3. The drafting attorneys will give their replies (with their own
names prominently displayed), attached to the underlying
correspondence, to the secretaries for a draft reply.
4. The secretary will return the draft reply and underlying
correspondence to the drafting attorney for correction.
5. The drafting attorney will give the draft reply and corres-
pondence to the Team Leader for initial review.
6. The Team Leader will give the draft reply to Mitchell who,
after checking it off the record book, will return it to Gretchen.
7. Following final approval, it will be returned to a secretary to
be typed in final.
8. When it is sent out, a copy will be provided to the drafting
attorney.
9. In the event it is not approved, it will be returned to the
drafting attorney for correction. Correspondence will be
reintroduced into this system beginning at step 6 supra.
10. All correspondence will be drafted for Chairman Goodell's
signature. In the event that a PCB case attorney desires to
sign off on a particular letter to an applicant or his
attorney, authority to do so must be granted by Ray Mitchell.
Addendum To Correspondence SOP
The PCB staff has accumulated several "model" letters which
may be utilized in drafting replies on the subjects listed
below:
1. Request for personal appearance by the applicant
or his attorney. Consult with John Lohif.
2. Inquiries concerning staying or postponing fines
imposed on Selective Service violators. Consult
with Ray Mitchell.
3. Letter of notification to incligible applicants.
Consult with Dave Hickman.
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
March 31, 1975
MEMORANDUM FOR
STAFF
FROM
JOHN FOOTE
SUBJECT
Docket Preparation Standard
Operating Procedure (SOP)
The following SOP on Docket preparation is effective upon
issuance:
A. PRESENTATION DOCKET AND GENERAL RULES
Every Monday each team leader will pick up, from central
files, an adequate supply of cases for each of his available
team members for that week. Appropriate caseload will be
determined by Associate General Counsel for Operations
(AGCO) after consultation with team leaders.
At the time cases are picked up, each team leader will pre-
pare a list of his cases including case number and the name of
the action attorney to which the case has been assigned. These
lists will be given to the Docket Controller who will consolidate
them each Monday. This will constitute the Presentation Docket.
The Docket Controller will keep the Presentation Docket for
each Board meeting open until five (5) working days prior to
the scheduled date of the meeting. Cases docketed after that
date will be assigned to the Presentation Docket for the next
Board meeting.
***
The general rule will be that every case on the Presentation
Docket will be presented at the Board meeting for which the
Docket is prepared, unless it is removed to another docket or
calendar as described below in Section B. ***
FORD
When a case on the Presentation Docket cannot be presented,
for one of the reasons listed below in Section B, the action
attorney, through the team leader, must insure that that fact
is brought to the attention of the Docket Controller, who will trans-
fer the case to the appropriate docket or calendar.
-2-
The Docket Controller will be responsible to the AGCO for
managing the dockets and calendars, for insuring that they
are up to date, that cases are removed to the appropriate
docket or calendar, and that cases on each secondary docket
and calendar are followed up and disposed of as rapidly as
possible.
B. SECONDARY DOCKETS AND CALENDARS
The following types of cases will be removed from the
Presentation Docket upon notification of the Docket Con-
troller. Each action attorney will be responsible for in-
forming the Docket Controller through the team leader of
when a case must be removed and the docket or calendar
to which it must be removed.
1. Rule Limitations -- Cases on which the thirty (30)
day response period provided by Rule 101. 8(d), or on
which the applicant has requested a delay before his case
is presented to the Board, pursuant to that Rule, will be
removed to the next Presentation Docket.
2. Cases Assigned After A Docket Is Closed - - Cases
which are distributed to the team leaders less than five
(5) working days prior to the currently scheduled Board
meeting will be placed on the Presentation Docket for the
next Board meeting.
3. Case Summaries Not Prepared -- Cases for which
case summaries have not been prepared, because there was
inadequate time to do so, or information was lacking, or any
other reason, will be removed to the Presentation Docket
for the next Board meeting. The Docket Controller will
insure that cases in this category are monitored closely.
4. Jurisdictional Problems -- Cases which present juris-
dictional problems requiring resolution by the General Counsel,
or by the Board itself, must be removed to a Jurisdictional
Question Docket. The action attorney will prepare a brief
memo on the case, setting forth the facts and the jurisdictional
problem presented, and give it to the Docket Controller.
The Docket Controller will inform the AGCO when any cases
LIBRARY
are added to this docket.
-3-
5. Personal Appearances -- Cases for which the applicant's
representative is requesting an appearance before the Board
must receive special attention, and must be placed on Personal
Appearance Docket - Requests. If the Board grants the request,
the AGCO will insure that the Docket Controller transfers the
case to the Personal Appearance Docket - Granted, and that
the attorney or representative for the applicant is informed of a
date for his appearance. If the Board denies the request, it
will either proceed immediately to consider the case, or the
AGCO will insure that the Docket Controller transfers the case
to the Presentation Docket for the next Board meeting. The
Docket Controller will insure that the appropriate team leader
is informed.
The following situations do not require removal from the
Presentation Docket, but do require special listing and
attention.
6. Unexecuted Discharges -- When a case involves an
unexecuted discharge, it must be noted by the Docket Con-
troller on an Unexecuted Discharge Calendar, to permit
follow-up by team leaders. The AGCO will insure that once
the Board has disposed of these cases, they are placed on
this calendar.
7. Suspended Discharges -- When a case involves a
suspended discharge, present practice is that they are not
written up, or presented to the Board. The action attorney,
through the team leader, will inform the Docket Controller of
such cases, who will place the case on a Suspended Discharge
Calendar, for follow-up.
8. Tabled Cases -- After the Board has tabled a case, the
AGCO will insure that that fact is brought to the attention of
the Docket Controller, who will record the case number, the
action attorney and the reason for the tabling on the Tabled
Case Calendar. He will inform the appropriate team leaders
of these tabled cases. The team leaders will insure that these
cases are followed up.
-4- -
9. Cases Withheld From The President -- Several cases
which have been disposed of by the Board have developed
problems which indicate that they should be withheld from
the President pending resolution of those problems. The
AGCO will inform the Docket Controller and the team leader
of these cases, and insure that they are recorded on a Case
Withheld From The President Calendar.
When cases have been finally disposed of by the Board, and
there are no problems preventing presentation to the Presi-
dent, the Docket Controller will insure that they are removed
from all Dockets and Calendars.
FORD
II B
RECEIVING AND LOGGING OF APPLICATIONS
REQUESTS FOR RECORDS AND ASSIGNMENT
OF CASES
Prepare log entry
Send application to records section
*
Order records
Check records for completeness
**
Assign cases to team leader
Team leader assigns case to individual
summary preparer
PREPARATION OF INDIVIDUAL CASE SUMMARIES
*Order records.
All records are to be eventually returned to the agency from which they
were obtained. Many of the files are original documents and cannot be
replaced.
**Case preparer receives file.
It is to be remembered at all times that the files are confidential
material.
II- II-B-1 B
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
March 20, 1975
MEMORANDUM TO: PCB ATTORNEYS and STAFF
FROM: COL 0. G. BENSON OSB
SUBJECT: ACCESS TO RECORDS
All records are located in Room 4018, NEOB. The following
procedures will be observed in obtaining and returning
records:
1. Hours of operation, 8:00 a.m. - 5:30 p.m.
Monday thru Friday.
2. Obtain records from record clerk on duty.
3. Record clerk will prepare charge out card.
4. Return records to record clerk.
5. Record clerk will file record in file cabinet.
6. In the event it is necessary for you to have
access to records after normal hours of
operation, obatin the key from me or the
record clerk.
Your cooperation in following the above procedures will
insure accountability and availability of records and their
proper security.
IIC. Preparation of Individual Case Summaries
II C
REQUESTS FOR RECORDS AND ASSIGNMENT OF
CASES
PREPARATION OF INDIVIDUAL CASE SUMMARIES
Preparer completes summary
Draft is typed
QUALITY CONTROL
THE PRESIDENTIAL CLEMENCY BOARD
OLD EXECUTIVE OFFICE BUILDING
II-C-1
WASHINGTON, D.C. 20500
BOARD MEMBERS
October 5, 1974
PHONE: (202) 456-6-176
Charles E. Goodell. Chairman
Ralph W. Adams
James P. Dougovite
Robert II. Finch
Theodore M. Hesburgh. C.S.C.
Vernon E. fordan
James A. Maye
Aida Casanis o Connor
Lewis W. Wilt
MEMORANDUM
TO:
Staff Attorneys
Presidential Clemency Board
FROM:
General Counsel
SUBJECT:
Preparation of Initial Summaries
of cases
The purpose of the Initial Summary is to pull together a short
statement from existing governmental files summarizing all informa-
tion on an applicant that may be relevant to the Board's decision
regarding clemency. This form should be sent to the applicant for
additions and corrections. It will be given to the Board for their
detailed review, and will be the basic document for all further
Presidential Clemency Board action concerning the applicant. It
may well become public; this should be kept in mind when preparing
the Summary.
It is crucial that the completed form contain a narrative which
identifies the individual as a person and allows the Board to look
behind the welter of dates and offenses. The Background paragraph
especially should be carefully written to present the individual in
human terms.
I.
Detailed Instructions
A. Offense and Present Status. The offense should be stated
in correct, but not legalistic terms. Do not cite applicable
statutes, regulations, or Code. Present status should be
similarly clear. The remaining blocks are self-explanatory.
The purpose of these blocks is to give a first impression of
the individual in terms of the factors directly affecting his
case before the Board.
- 2 -
B. The Background blocks are to provide a narrative picture
of the applicant as an individual, as mentioned above. Use
as many of the entries as necessary from II. Possible
"Background" entries with whatever additional information
you feel helps to present the applicant. The list of
"possibles" is neither inclusive nor exclusive, but should
form the nucleus of the paragraph. Try to follow a roughly
chronological order in presentation, such as is provided in
the list of "possibles". Use only information taken from
official files. Keep it factual - make no personal conclusions.
Cite judgments by source. Example: Comes from broken
home (probation report).
C. Mitigating and Aggravating circumstances have been defined
by the Board, and are listed in III. Additional pertinent
circumstances. Include any information concerning any event
in the life of the applicant which is pertinent to the defined
circumstances. Be brief but use complete sentences.
Minimize or omit non-criminal offenses in prior record,
such as traffic offenses. Do not make subjective judgments
concerning either mitigating or aggravating circumstances.
All entries on the Initial Summary form must be directly
traceable to an official file, in both form and content.
Derivative judgments should always be cited.
D. The Chronology should be as detailed as space permits.
Start with Date of Birth and proceed through the last recorded
date of interaction with the legal or military system. This
date may be in the future for such events as "expiration of
full term" for incarcerated prisoners, "expiration of probation"
for those out on probation, and so forth. IMPORTANT: When-
ever an entry is made reflecting sentencing of the applicant,
provide the name of the court in standard form, "DCNC(MD)"
for District Court, North Carolina, Middle District. Present
the Chronology in two columns, date first. Use two lines only
when necessary for clarity. All entries must be non-technical
and transparently clear, as "graduated high school" or "jumped
bail. 11 The event, not its location, is usually of primary im-
portance (with the exception of the sentencing court, as noted
above). It is not unusual for conflicts to emerge from the con-
struction of the Chronology. Asterisk possible errors and
contraditions with brief explanatory note at bottom of Chronology.
It is usually helpful to construct the Chronology prior to writing
the Background paragraph.
- 3 -
II.
Possible "Background" entries (in approximate order):
Age
Family size and birth order
Family background/stability
Place where raised
Educational level and test scores
Physical health and mental health
Marital status and present residence
Number of dependents
Employment history
Parole recommendation
Custody level
Type of C.O. and brief statement of belief
III. Additional pertinent circumstances.
The following mitigating and aggravating circumstances have been
defined by the Board, and should be highlighted in each summary.
A. Mitigating circumstances
1. Lack of sufficient education or ability to understand
obligations under the law.
2. Personal hardship, either at the time of the offense or now.
3. Acute mental or physical illness.
4. Employment of service to the public since conviction or
military discharge.
5. Service-connected disability, wounds in combat, or decorations
for valor in combat.
6. Tours of service in the war zone.
7. Substantial evidence of personal or procedural unfairness
in applicant's case.
8. Denial of conscientious objector status on procedural,
technical, or improper grounds.
9. Period of imprisonment for the same offense.
10. Personal statement regarding the offense.
11. Any other information the applicant may wish to submit.
B. Aggravating circumstances
is
1. Desertion under fire.
2. Use of force collateral to the desertion.
3. Other criminal record.
4. False statement to the Board.
I - I - I I I
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
January 16, 1975
MEMORANDUM FOR
PCB ATTORNEYS PREPARING
INITIAL SUMMARIES
FROM
ROBERT KNISLEY
SUBJECT
Information Inappropriate to
Initial Summaries
Items in the following categories should not be included in
Initial Summaries, nor volunteered to the Board during oral
presentations:
I. Certain criminal history facts.
a. All juvenile offenses, arrests, or convictions prior to
age 18.
b. All criminal offenses or arrests not followed by
convictions.
C. All misdemeanor convictions.
d. Non-judicial punishment meted out for offense
other than absence-related offenses: (e. g., do not report
on office hours for impugning the virtue of the first sergeant's
mother ).
The only exception to the above occurs when the fact of the
offense is inescapably relevant to the case, e.g., "applicant's
probation was revoked after his conviction on a criminal
charge. "
II. Most proper names.
a. Omit names which identify the applicant's family,
college, employer, location (except if large city), and religion
(unless it is traditionally pacifist, such as Quaker, Muslim,
Jehovah's Witness), and any other identifiers which might
serve to destroy the applicant's anonymity.
-2-
III. Subjective characterizations.
a. Omit subjective characterizations by both the
sources in the applicant's record and yourself. "Hippie, "
"Street dude, and the rest are inappropriate and cannot
be substantiated.
IV. "Admissions against interest. 11
,a. If the applicant told in his prior intake interview
of being on drugs for long periods, this is akin to an admis-
sion against interest, and should only be considered for
inclusion within the Initial Summary if it is directly and
unavoidably relevant to a crucial element of the case, such
as being the cause of his AWOL.
V. Prejudicial material.
Obviously the purpose of the background section of the Initial
Summary is to give a "feel" for the individual. Material
which is obviously prejudicial should not be considered for
inclusion if it is clearly irrelevant to the case (c.g., the
applicant who stated that his mother was a prostitute), and
should also be omitted even if relevant when sufficiently
prejudicial (the applicant who told the Board to "KMA",
who was under some pressure to fill out the application, and
likewise did not know of the benefits of the program). Let
the shocking of your conscience be your guide.
VI. The National Defense Service Medal and Marks-
manship Badges.
These may be noted on the summary, but should definitely be
omitted during the oral presentation. Good grief.
If in the application of these principles or others in the
development of the Initial Summaries you are in doubt as
to whether to include or exclude any information, be sure
to crr on the side of the applicant. In view of the fact that the
Board does not allow a hearing as of right, due process
demands no less. If you have difficulty with these principles
or their application, see Ray Mitchell or Bob Knisley.
II - C - 3
February 19, 1975
MEMORANDUM FOR:
Case Attorneys
FROM:
Fred Hansen
SUBJECT:
Case Summary Form for Undesirable Discharge
During the last Board meeting there was a general consensus that in
UD cases both for reason of unfitness and in lieu of Court-Martial,
Board members would like to have total time served in confinement
and total time AWOL. To ensure them a minimum of confusion and to
protect the rights of the applicant, the following formats should
be followed.
For UDs 111 lieu of Court-Martial for (AWOL or AWOL +
).
PCB Attorney:
Tel: (202) 456-2110
Summary Completed:
Geurt:
Gurrent-Sentenee:
Total Time Served:
days pre-discharge confinement
Discharge Status: Undesirable Discharge in lieu of Court-Martial
Offenses: AWOL
to
and/or (other offense)
to
(
years,
months,
days)
Total Creditable Service:
years,
months,
days
Prior Military Offenses:
(date) NJP. AWOL:
to
Punishment
(date) Summary Court-Martial. AWOL
to
.
Punishment
Total time absent without authority in these instances
Total time in confinement for these offenses
For UDs for reason of unfitness:
PCB Attorney:
Tel: (202) 456-2110
Summary Completed:
Gourt:
Gurrent-Sentenee:
Tetal-Time-Served:
Discharge Status: Undesirable Discharge for reason of unfitness.
Offenses: Frequent involvement and/or
Total Creditable Service:
years,
months,
days
Prior Military Offenses:
(date) NJP. AWOL:
to
Punishment
(date) Summary Court-Martial. AWOL
to
. Punishment
Total time absent without authority in these instances
Total time in confinement for these offenses
Other offenses underlying Undesirable Discharge
(date) NJP. Established pattern of shirking responsibility.
Punishment
etc.
II-C-4
STANDARD OPERATING PROCEDURE ON CASE SUMMARIES INVOLVING
LEGAL AND FACTUAL PROBLEMS
During Board meetings in the past, there have been instances where
legal and factual problems have arisen for which prior notification
to the General Counsel might have aided in providing a more complete
response. To minimize this in the future, staff attorneys should
keep this in mind as summaries are being prepared. Most of these
problems would involve questions of jurisdiction. Examples of this
would include applicants with both qualifying and nonqualifying offenses,
those with suspended discharges, aliens discharged in absentia, applicants
who have been issued undesirable discharges under the clemency program at
Ft. Benjamin Harrison, posthumous applications, and those whose AWOL in-
ception date was prior to August 4, 1964. In addition to these and other
jurisdictional issues, attorneys should note any factual problems or is-
sues of first impression which might concern the Board and result in the
case being tabled to obtain further information.
If the applicant is clearly ineligible, either because there are no
qualifying offenses, or because the qualifying offenses are outside the
designated period, the attorney should draft a letter to this effect to
the applicant, and this would be handled as any other correspondence.
If the issue is not clear, the attorney should complete the summary and
write a memorandum to the file outlining the problem and its possible
implications. This need not be formal nor lengthy, but merely suffi-
cient to apprise others of the potential difficulties involved. It
should be typed at the same time as the summary and given to the team
leader when the draft copy is completed. If the team leader believes
that this should be brought to the attention of the General Counsel,
he will attach a note to that effect on the memorandum. After the
summary and memorandum have been typed in final and returned to Quality
Control, a copy of both will be forwarded to the General Counsel by the
Chief, Quality Control.
II-C.-5
PCB Attorney:
Case No. :
Telephone No. :
Branch of Service:
Summary Completed:
Age:
Current Sentence:
Present Status:
Date of Application:
Court:
Total Time Served:
Discharge Status:
Offense:
Total Creditable Service:
Vietnam Service:
Awards and Decorations:
Prior Military Offenses:
Sentence History:
II - C - 6
WORK S HEET
Case No.
Branch of Service:
1. Date of Birth
2. Place of Birth
3. Age
4. Employment (before, during and after trial)
5. Education:
6. Mental health and scores (GT, AFQT, etc.)
7. Marital status and number of children
8. Race
9. Criminal convictions (adult offenses - felony only)
10. Background
Case No.
11. Ratings in service (proficiency and conduct) :
12. Decorations and Awards:
13. Vietnam Service (dates, duties, combat):
14. Prior Military Service:
15. Date of enlistment
16. Qualifying Offense(s):
17. Total days AWOL (qualifying offense(s)
Case No.
18. Non-qualifying Offenses:
19. Total days AWOL (non-qualifying offense(s)
20. Total days AWOL (all offenses)
21. Apprehension or voluntary return (all offenses)
22. Sentence (qualifying offense(s):
23. Period of confinement (including pretrial confinement):
24. Total period of confinement (and pretrial confinement on all offenses)
25. Date(s) of conviction and sentence:
26. Date released from confinement
or given leave pending appeal:
27. Date of Discharge
28. Date of PCB application
29. Total Creditable Service
30. Sources:
Case No.
31. Circumstances of Offense
32. Sentence History
33. Legal points or factual matters for use of General Counsel
SAMPLE: CIVILIAN, DRAFT EVASION CASE
PRESIDENTIAL CLEMENCY BOARD
CASE SUMMARY
PCB Attorney: Larry Lawyer
Case No.: 74-000-XXX-C
Telephone: 202-456-2110
Age: 25
Summary Completed: 2 Mar 75
Date of Application: 14 Jan 74
Current Sentence: 4 years probation,
Present Status: On probation
2 years alternative service
(at 20 hrs. per week w/o pay
or 40 hrs. per week with pay)
Court: USDC, N. Dist. Oklahoma
Total Time Served: None. 1 yr.,
10 months alternative service
as of 15 Mar 75 ; 2 yrs. 10 mos. probation
Offense: Failure to report for induction
Background:
The applicant is 25 years old, white, single and born in Wilmington, Delaware.
He is the oldest of 6 children raised in a stable family. After graduating
from high school, the applicant enrolled at a junior college in the fall of
1967. By the fall of 1971 he had completed 37 units with an overall B average.
In April of 1974 he enrolled at the University of Delaware and is taking
courses leading to a degree in Mathematics. The applicant's parents believe
that their son's actions in regard to Selective Service violations were
foolish, but sincere, because he refused a student deferment and C.O. status.
There are no I.Q. scores available and the record does not show any criminal
record.
Circumstances of Offense:
The applicant registered on 20 June 67. On 18 Dec 67, he returned his draft
registration card to the board and stated his objection to the war in Vietnam.
He was declared delinquent for not carrying his draft card and on 6 Feb 68 he
was classified 1-A. The record is unclear as to whether the applicant was a
full time student at this time. We only know that by fall 1971, he had
completed 37 units. On 11 Feb 68, he sent a letter to the draft board wherein
he returned his notice of 1-A classification and again expressed opposition
to the war in Vietnam. On 18 April 68, the applicant was ordered to report for
induction on 8 May 68. lle reported but refused to submit to induction
processing. On 5 Sept 68, a Form 150 was mailed to the applicant, but there
is no record of its return in the file. On 23 May 69, the State Director
noted that the law prohibits the induction of a delinquent registrant until
he reached the age of 19. Accordingly, the order to report for induction on
8 Apr 68 was cancelled as invalid.
On 25 July 69 and 21 Sep 70 the applicant was ordered to report for induction
on two separate occasions and he failed to do SO. On 24 Aug 71, the board
received a letter from the applicant stating that "since failure to hold a
draft card is against the law, I would like you to send me by card back ---
FOND
- 2 -
Case No. : 74-000-XXX-C
This letter is a retraction of my letter of 18 Dec 67 (surrendering draft
card) and my letter of 13 Feb 68 (opposing the war in Vietnam). The
applicant also asked for a C.O. classification. On 31 Aug 71 a C.O. Form
was mailed to applicant. It was not returned. The applicant was indicted
on 23 Feb 72, and convicted on 25 May 72. After sentencing, the applicant
tried to volunteer for the draft in lieu of probation. The request was
denied. The applicant was sentenced to 4 years probation with 2 years
employment of national interest. He was given the option of working 20
hours a week without pay or 40 hours a week with pay. As of 15 Mar 75, he
will have two more months of alternative service left to complete.
Chronology:
15 Jun 49
Date of Birth
20 Jun 67
Registered for draft
Fall 1967
Enrolled in college
6 Feb 68
Declared delinquent for failure to have
draft card in his possession
5 Sep 68
Form 150 mailed
25 Jul 69 and 21 Sep 70
Ordered to report for induction
24 Aug 71
Asks for draft card back
31 Aug 71
Asks for another Form 150
23 Feb 72
Indicted
25 May 72
Convicted
Sources:
Selective Service File
Presentence Report
Letters
FORD
GERALD
SAMPLE: MILITARY COURT-MARTIAL CASE
PUNITIVE DISCHARGE
PRESIDENTIAL CLEMENCY BOARD
Case Summary
PCB Attorney: Adam Attorney
Case No. 74-000-XXX-M
Tel: (202) 456-2110
Summary Completed: 21 Feb 1975
Branch of Service: Army
Current Sentence: Bad Conduct
Age: 25
Discharge, confinement at hard
Present Status: Appellate leave
labor for four months (suspended
Date of Application: 19 Sept 1974
in excess of 2 months, 22 days),
total forfeitures, reduction to
pay grade E-1
Court: General Court-Martial, Ft.
Bragg, North Carolina
Total Time Served: 5 months, 10
days (78 days pretrial confinement)
Discharge Status: Unexecuted Bad
Conduct Discharge
Offense: AWOL, one specification:
26 July 1970-22 May 1974 (3 years,
9 months, 27 days)
Total Creditable Service: 2 years,
7 months
Background
This Caucasian applicant was born in the North on 28 Sept 1949 into an intact
family. He has six brothers and six sisters, one of whom #s a step-sister
(Record of Trial 35). When applicant was 15 years old his parents were
divorced and he remained with his father (Defense Exhibit D). In 1965
after completing the 9th grade, applicant quit school because
(he)
needed a job and the money more than
(he) needed the education" (Record
of Trial 36). His GT score is 98 and his AFQT score measures 51 (Category
III). While in the service applicant worked toward his graduate equivalency
diploma. From the time applicant quit school until his three-year enlist-
ment on 21 Dec 1967, he worked as a shipping clerk and as a forklift operator
(Admission Summary, USDB, Ft. Leavenworth, Kansas). Having served 8
months and 2 days of this initial enlistment, applicant was honorably dis-
charged in order to effect a four-year enlistment to secure his preference
for overseas duty in Germany. He served there from 25 Oct 1968 to 20
July 1969 where he was reassigned to Vietnam pursuant to his request.
Applicant served in Vietnam in charge of a supply room and as a light
vehicle driver from 12 Sept 1969 to 26 July 1970. While in Vietnam he ex-
tended his tour for six months, but never completed this service (see
- 2 -
Case No. 74-000-XXX-M
Cirumstances of Offense). During his 2 years and 7 months of credit-
able service he was awarded the National Defense Service Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal w/60
device, the Army Commendation Medal and one overseas service bar.
Applicant is also entitled to the RVN Cross of Gallantry (Record of Trial
46; letter to Board). He was awarded the sharpshooter rifle badge with
bar. He was rated four times as "excellent/excellent" for conduct and
efficiency, and three times as "excellent" for efficiency while in Vietnam.
He has no prior civilian or military convictions,
Circumstances of Offense
While in Vietnam applicant extended his tour of duty for a period of six
months (Record of Trial 18). Before commencing this extended tour,
applicant was granted 30 days to return to his home in the States. His
leave was scheduled to expire on 26 July 1970. Applicant failed to return
and remained in a status of AWOL until 22 May 1974. During testimony on
his plea of guilty applicant attributed his absence to the fact that "
(h)e just didn't want to" go back (Record of Trial 20). Applicant's sworn
testimony during extenuation and mitigation amplified the reasons for his
AWOL to the extent that applicant wanted to marry and was in need of
money to support his future wife and her family (Record of Trial 40).
Additionally, applicant expressed his dissatisfaction that other persons who
had served in Vietnam less time than he had were being promoted, while
he remained at his same rank (Record of Trial 40). Before applicant de-
parted on his special leave he had a promotion board, but the result was
never communicated to him. While AWOL, applicant worked as a truck
driver and in an auto body shop (Record of Trial 42). Applicant surrendered
to terminate his AWOL. He was tried and convicted by general court-
martial on 8 Aug 1974.
Vietnam Service
Applicant served in Vietnam as a supply room manager and as a light
vehicle driver from 12 Sept 1969 to 26 July 1970. He was awarded the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the
Army Commendation Medal and one overseas bar. Applicant is also en-
titled to the RVN Cross of Gallantry (Record of Trial 42; letter to Board).
FORD
- 3 -
Case No. 74-000-XXX-M
Chronology
28 Sept 1949
Date of birth
1965
Quit school on completion of 9th grade
1965-20 Dec 1967
Employed as shipping clerk
21 Dec 1967
Three-year enlistment
22 Aug 1968
Honorable Discharge
23 Aug 1968
Four-year enlistment
25 Oct 1968-20 July 1969
Served in Germany
12 Sept 1969-26 Jul 1970
Served in Vietnam
26 July 1970
AWOL
3 Oct 1970
Married
22 May 1974
Surrendered
22 May-8 Aug 1974
Pretrial confinement
8 Aug 1974
General Court-Martial
19 Sept 1974
PCB application
30 Oct 1974
Convening Authority action
13 Feb 1975
Decision of U. S. Army Court of Military
Review
Awards and Decorations
National Defense Service Medal; Vietnam Service Medal;
Republic of Vietnam Campaign Medal with 60 device;
Army Commendation Medal; RVN Cross of Gallantry;
1 Overseas Service Bar; Sharpshooters Badge
(Rifle with Bar)
Prior Military Offenses: None
Sentence History
8 Aug 1974 - General Court-Martial: Bad Conduct Discharge,
confinement at hard labor for four months,
total forfeitures and reduction to grade E-1
30 Oct 1974 - Convening Authority action: approved adjudged
sentence but suspended confinement at hard
FORD
labor in excess of 2 months, 22 days.
13 Feb 1975 - U. S. Army Court of Military R eview. affirmed
action of Authority (telephone call to Clerk
of Court 21 Feb 1975)
- 4 -
Case No. 74-000-XXX-M
Sources
1. Military Personnel File
2. Military Efficiency File
3. Record of Trial
4. Applicant's letter to Board
SAMPLE: MILITARY ADMINISTRATIVE DISCHARGE CASE,
UNDESIRABLE DISCHARGE IN LIEU OF COURT-MARTIAL
PRESIDENTIAL CLEMENCY BOARD
CASE SUMMARY
PCB Attorney: Adam Attorney
Case No. 74-000-XXX-M
Telephone No.: (202) 456-2110
Branch of Service: USMC
Summary Completed: 6 Feb 75
Age: 23
Total Time Served: 22 days predischarge
Present Status: Civilian
confinement
Date of Application: 11 Dec 74
Discharge Status: Undesirable Discharge
in lieu of Court-Martial
Offense: AWOL
13 Oct 72 - 15 Nov 72 (33 days)
8 Dec 72 - 26 Dec 72 (18 days)
8 Jan 73 - 26 Feb 73 (19 days)
Total Time 3 months, 10 days
Total Creditable Service: 3 years,
6 months, 12 days
Background:
This Caucasian applicant was born in Arkansas on 8 Oct 51 and is the third
of four children (Statement of Personal History). He is married (19 Nov 71),
with two children, has 10 years education, and was employed as a cook and dish-
asher prior to his entry into the Marines. He has also been employed as a
dock worker and store manager while AWOL (Request for Undesirable Discharge).
Ilis GCT score is 85, his GT score is 71 and his AFQT measures 31 (Group III).
He enlisted in the Marines on 16 Oct 68 for a term of, four years and has three
years, six months and twelve days of creditable service. The applicant has a
final average in conduct of 3.0 and 3.7 in proficiency, is entitled to wear
the National Defense Service Medal, Vietnam Service Medal with one star, and
Marksman rifle and pistol badges (Record of Service; DD-214). lle has one prior
Special Court-Martial for two periods of AWOL with an approved sentence of 100
days confinement at hard labor and reduction to the lowest enlisted pay grade.
The applicant's records also reveal two prior non-judicial punishments for
AWOL with an award of a partial forfeiture and restriction for one month in one
case, and one month restriction in another (Offenses and Punishments; Special
Court-Martial Order Number 16-72). There is no record of any civilian con-
victions. The highest grade obtained by the applicant during his military
service was Lance Corporal.
Circumstances of Offense:
On 13 Oct 72 applicant commenced the first of the three instant absences for
the
purpose of working as a civilian to support his family. He returned
voluntarily on or about 15 Nov 72. His second. absence commenced on 8 Dec 72
which terminated by surrender on or about 26 Dec 72. A final period of AWOL
commenced on 8 Jan 73 and terminated by apprehension on or about 26 Feb 73. In
his letter requesting discharge and his letters to his Congressman dated 1 Dec
i and 15 Dec 74, applicant attributes his absences to family and financial
problem: caused by the death of a daughter. Applicant held two jobs during
the latter portion of this period. He requested an undesirable discharge in
- 2 -
Case No. 74-000-XXX-M
lieu of court-martial in order to be able to continue to support his family.
His discharge was executed on 5 April 73.
Vietnam Service:
Applicant served in Vietnam against hostile forces from 28 Jan. 70 until
19 Feb. 71. lie served in his MOS as an anti-tank assault man. He was
awarded the Vietnam Service Medal with one star.
Chronology:
8 Oct 51
Date of Birth
Jun 68
Withdrew from school after tenth grade
16 Oct 68
Enlisted in USMC
28 Jan 70 - 19 Feb 71
Vietnam Service
16 Jul 71 - 30 Jul 71
UA (AWOL) (15 days)
9 Aug 71 - 11 Aug 71
UA (AWOL) (2 days)
12 Aug 71
NJP
9 Sep 71 - 7 Oct 71
UA (AWOL) (28 days)
8 Oct 71
NJP
8 Nov 71 - 9 Dec 71
UA (AWOL) (31 days)
7 Jan 72 - 20 Apr 72
UA (AWOL) (3 months, 3 days)
8 Jun 72
Special Court-Martial
13 Oct 72 - 15 Nov 72
UA (AWOL)
8 Dec 72 - 26 Dec 72
UA (AWOL)
8 Jan 73 - 26 Feb 73
UA (AWOL)
12 Mar 73
Undesirable Discharge requested
5 Apr 73
Undesirable Discharge executed
11 Dec 74
PCB application executed
Awards and Decorations:
National Defense Service Medal
Vietnam Service Medal with one star
Marksman rifle and pistol badges
Prior Military Offenses:
12 Aug 71
NJP, UA (AWOL) 16 Jul 71 - 30 Jul 71 and
9 Aug 71 - 11 Aug 71. Awarded partial
forfeiture and restrictions for one month.
On or about 8 Oct 71
NJP, UA (AWOL) 9 Sep 71 - 7 Oct 71.
Awarded restrictions for one month.
8 Jun 72
Special Court-Martial, AWOL 8 Nov 71 - 9 Dec 71
and 17 Jan 72 - 20 Apr 72. Awarded CHL
100 days and reduction to E-1.
FORD
168 days
Total time absent without authority in these instances
100 days
Total time in confinement for these offenses
Sources:
1. Army Official Personnel File
2. Clemency Board File
3. Letters to Congressman dated 1 December and 15 December 1974.
FORD
SAMPLE: MILITARY ADMINISTRATIVE DISCHARGE CASE
UNDESIRABLE DISCHARGE FOR UNFITNESS FREQUENT INVOLVEMENT
PRESIDENTIAL CLEMENCY BOARD
CASE SUMMARY
PCB Attorney: Larry Lawyer
Case No. 74-000-XXX-M
Telephone: (202) 456-2110
Branch of Service: Army
Summary Completed: 12 Feb 75
Age: 25
Current Sentence: N/A
Present Status: Civilian
Total Time Served: 3 mos., 15 days
Date of Application: 10 Dec 74
(21 days pre-trial confinement)
Discharge Status: Undesirable discharge
for unfitness by reason of frequent
involvement - Executed.
Total Creditable Service: 2 yrs., 1 mo.,
26 days
Background:
This applicant is white, single and was born on 31 Jul 49. He was the
fourth of five children born into an intact family. He was born and raised
in California. His father died of heart disease in 1961 at the age of 35.
Applicant's mother worked as a cook to support the family. lle completed
the 11th grade and quit school in 1966. Before enlisting in the Army he
worked at a car wash. In order to enlist as a minor, applicant's mother
signed the consent form. Applicant's GT score is 107 and his AFQT score
measures 38 (Category III). While in the service applicant had five
excellent conduct and efficiency ratings, four good conduct and efficiency
ratings, and two unsatisfactory conduct and efficiency ratings. All of the
less than excellent ratings are directly attributable to applicant's numerous
AWOLs.
Circumstances of Offense:
Applicant enlisted for a period of three years on 19 Oct 66. He received
an undesirable discharge on 14 Oct 69 as a result of frequent AWOL offenses.
He had three court-martials for AWOL and three non-judicial punishments for
AWOL-type offenses. During his Army career applicant had a total of six
AWOLs. He started his successive AWOLs because he was not promoted to
PFC (E-3) after nine months of good service and because his girl had broken
up with him, according to a mental hygiene consultation performed after his
third AWOL. After applicant's third court-martial he was sent to the
Army's Correctional Training Facility at Fort Riley, Kansas, for rehabilita-
tion. While there, his conduct and efficiency ratings were excellent. Upon
completion of the retraining course, applicant was assigned to Fort Hood,
FORD
Case No. 74-000-XXX-M
Texas. He remained there from 14 Dec 68 to 14 Oct 69 when he received
an undesirable discharge: During the nine-months period he was at Fort
flood he missed only two days due to AWOL. Mowever, he did receive two
non-judicial punishments at Fort Hood, one for being absent from his
guard post. His conduct and efficiency ratings at Fort Hood were unsat-
isfactory and he was separated from the service with a less than honorable
discharge because of his frequent disciplinary problems.
Vietnam Service: None
Chronology:
31 Jul 49
Date of birth
1961
Father died
1966
Quit school
19 Oct 66
Enlisted for 3 yrs.
15 - 17 Apr 67
First AWOL
13 - 27 Jun 67
Second AWOL
1 Aug - 22 Sep 67
Third AWOL
12 Nov 67
Summary court-martial for third
AWOL
16 Nov - 4 Dec 67
Confinement
3 - 30 Jan 68
Fourth AWOL
31 Jan -- 23 Feb 68
Confinement
12 Feb 68
Special court-martial for
fourth AWOL
10 Jun - 8 Sep 68
Fifth AWOL
8 Sep - 19 Nov 68
Confinement
17 Sep 68
Special court-martial for fifth
AWOL
2 Oct - 19 Nov 68
Army Correctional Training Facility
18 Dec 68 - 14 Oct 69
Assigned to Ft. Hood, Texas
2 - 4 Sep 69
Sixth AWOL
14 Oct 69
Undesirable discharge
10 Dec 74
PCB application
Awards and Decorations:
National Defense Service Medal
Rifle Markmanship Badge
FORD
2
Case No. 74-000-XXX-M
Prior Military Offenses:
Summary court-martial, 16 Nov 67: AWOL from 1 Aug 67 - 22 Sep 67.
Sentence: 30 days confinement at hard labor, partial forfeitures.
Served 19 days confinement.
Special court-martial, 12 Feb 68: AWOL from 3 Jan 68 - 31 Jan 68.
Sentence: 1 mo. confinement at hard labor, partial forfeitures. Served
24 days (13 days pretrial confinement).
Special court-martial, 17 Sep 68: AWOL from 10 Jun 68 - 8 Sep 68.
Sentence: 6 mos. confinement at hard labor, partial forfeitures. Served
2 mos., 12 days (9 days pretrial confinement).
Non-judicial proceeding, 3 Feb 67: Failure to be at appointed place of
duty. Art. 86.
Non-judicial proceeding, 12 May 67: Absenting self from guard post.
Art. 113.
168 days total time absent without authority in these offenses.
115 days total time in confinement for these offenses.
Sentence History: N/A
Sources:
Military Personnel File
Mental Hygiene Report
II-C- 7
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
SUMMARY OF DECISION
In deciding how many months of alternative service yo must do to receive your
pardon, the Presidential Clemency Board made the following calculation:
Starting Point
24 Months
Less Three Times
Months Served in Prison
-
Months
Less Alternative Service Performed if Entire Period
Satisfactorily Completed
-
Months
Less Time Served on Probation or Parole if Entire
Period is Satisfactorily Completed
-
Months
BASELINE
Months
Judge's Sentence to Imprisonment as Reduced by Competent
Authority, which is the Baseline
if Less Than the Above Figure
Months
Minimum Baseline
3 Months
Final Baseline for Determining the Period of Your
Alternative Service
Months
The factors marked with an "X" below were used by the Board to decide whether
to increase the period of your alternative service:
(1).
Prior criminal convictions
(2).
False statement to the Presidential Clemency Board
(3).
Use of force collaterally to AWOL, desertion, or missing movement
(4).
Desertion during combat
(5).
Evidence that you committed your offense for obviously manipulative
and selfish reasons
(6).
Prior refusal to fulfill alternative service
(7).
Violation of probation or parole
FORD
(8).
Multiple AWOL/UA offenses
(9).
Length of AWOL/UA
None of the above
The factors marked with an "X" below were used by the Board to decide whether
to decrease the period of your alternative service:
(1).
Lack of sufficient education or ability to understand your obligations
under the law
(2).
Personal and family circumstances either at the time of your offense
or afterwards
(3).
Mental or physical condition
(4).
Employment and other activities of service to the public since your
conviction or military discharge
(5).
Service-connected disability, wounds in combat, or special decorations
and commendations
(6).
Period of creditable military service
(7).
Tours of service in the war zone
(8).
Substantial evidence of personal or procedural unfairness
(9).
Denial of conscientious objector status on procedural, technical,
or improper grounds
(10).
Evidence that you acted for conscientious, not for manipulative or
selfish reasons
(11).
Voluntarily submitted yourself to authorities
(12).
Behavior which reflects mental stress caused by combat
(13).
Volunteering for combat, or extension of service while in combat
(14).
Above average military conduct and proficiency
(15).
Personal decorations for valor
None of the above
Based on these factors, the Board's decision is that your
month baseline
should be
Therefore, you will be
granted your pardon after you perform
months of alternative service.
Case Number
Staff Attorney
IT J of I 1
PCB Attorney:
PCB Case Number (in full):
Disposition of case
Name of applicant (in full; last name first)
LAST
FIRST
MIDDLE
Best address:
(include
zip code)
Other address (if listed):
(include zip code)
Best telephone number (with area code):
Other telephone numbers (if any - with area code):
(identify)
Attorney (if any):
Law Firm name (if any):
Attorney address (if any):
(include zip code)
Attorney telephone number (with area corle).
Branch of Service ( If Military)
District Court of Conviction ( If Civilian)
FOND
Date of Conviction
:
Is applicant now on parole or probation?
If so, give name and address of supervisor
If a Senator or Congressman is to be informed of disposition of case, give
name and address.
REMARKS (especially if pertinent to contacting applicant either by phone or mail):
Comments and Footnotes:
PCB Case No.
FORD
Date
Assimed Date
Fact Summary
Date Mithool Completed Agr
Applicant by
PCB ATTORNEY CASE DOCKET
Initial
Date PCB Decision
Why If Withheld -
ATTORNEY:
Recons PCB Decision
usideration After &
Pressure Date
IID. Quality Control
II D
PREPARATION OF INDIVIDUAL CASE SUMMARIES
QUALITY CONTROL
Quality control checks draft
Summary typed in final form
Summary preparer checks final copy
Quality control rechecks
30 copies of each summary are distributed
PRESENTATION TO CLEMENCY BOARD
FORD
II-D-1 --
THE PRESIDENTIAL CLEMENCY BOARD
OLD EXECUTIVE OFFICE BUILDING
WASHINGTON, D.C. 20500
BOARD MEMBERS
PHONE: (202) 456-6176
Charles E. Goodell, Charman
Ratch W. Adams
James P. Délugivité
Robert H. Finch
Theodore M. Hesburgh. C.S.C.
Vernon I. Jordan
James A. Mave
Aida Casanas O'Connor
Lewis W. Walt
January 15, 1975
MEMORANDUM FOR:
Case Attorneys and Secretaries
FROM:
Fred Hansen FH
SUBJECT:
Quality Control Unit - Responsibilities
The purpose of the Quality Control Unit is fivefold:
1. To ensure that all factual material included
in a case summary is accurate;
2. To ensure that all factual material included in
a mini-summary is accurate;
3. To ensure that there are no typographical, spelling
or grammatical errors in case summaries;
4. To ensure that there are no typographical, spelling
or grammatical errors in mini-summaries; and
5. To provide uniformity of style and structure for all
miní-summaries.
The purpose of Quality Control is not to be the correction service
for the case attorneys or the typists. The respective work pro-
duced by the case attorneys and the typist is presumed to be error
free.
To be able to facilitate the work of the Quality Control Unit it
would be helpful if the following steps are taken.
When a case summary has been completed by the case attorney it will
be typed, rough draft, double-spaced in the normal manner. Copy
will be returned to the case attorney for proofing. When proofed,
FORD
a copy will be made and copy, original and case file will
be given to the Quality Control Unit (my top In-Out mail box).
If any errors are discovered by the Quality Control Unit they and
the corrections will be discussed with case attorney. All errors
and corrections made by Quality Control will be left to stand
unless the case attorney can verify, from the file, the contrary.
At times, Quality Control will not be able to find verification
for certain facts from the file. In these cases Quality Control
will ask the case attorney for assistance in finding that verifica-
tion in the file.
Only those corrections which are spelling, typographical or gram-
matical will not be checked with the case attorney. All other
errors and consequent charges will be discussed with the case
attorney before the case goes to be typed into final form.
If no factual errors are found the case summary will proceed to
be typed into final form.
For everyone's information, a part of the checks made by Quality
Control will be to have Neil Broder check all military cases for
logical consistency relative to sentence, suspension, time served,
etc.
Once the case summary has been typed in final form, Quality Control
will check once more to ensure no errors before it is reproduced
and readied for Board action.
Procedures to assist Quality Control with mini-summavies will be
forthcoming shortly.
II-D-2
THE PRESIDENTIAL CLEMENCY BOARD
OLD EXECUTIVE OFFICE BUILDING
WASHINGTON, D.C. 20500
BOARD MEMBERS
PHONE: (202) 456-6476
Charles E. Goodell, Chairman
March 17, 1975
Ralph W. Adams
James P. Dougovito
Robert H. Finch
Theodore M. Hesburgh. C.S.C.
Vernon E. Jordan
James A. Maye
Aida Casanas D'Connor
Lewis W. Walt
MEMORANDUM
TO:
QUALITY CONTROL TEAM
FROM:
FRED HANSEN
SUBJECT:
PROCEDURE FOR QUALITY CONTROL
When a case summary has been completed by the case attorney it
will be typed, double spaced, in the normal manner. Copy will be
returned to the case attorney for proofing. When proofed, a copy
will be made and both copy and original will be given to Quality
Control Unit. Case summary original draft and copy should be
attached to the complete case file.
A Quality Control Sign-Off Slip will then be attached to the case
summary original draft and will be initialed and dated by Quality
Control team leader. The Quality Control Unit will use the case
summary original draft copy as its work sheet. Quality Control
Unit will mark by check all facts to be verified.
Quality Control Unit will confirm all facts against file, circling
the check mark designating correct facts. For errors, lines will
be drawn from the check mark to the place where the correct answer
is written.
The copy with all facts marked and checked will then be returned to
the case attorney by the Quality Control Unit member responsible
for doing the checking. All errors will be discussed with the case
attorney. All corrections, additions and deletions suggested by
Quality Control will be left to stand unless the case attorney can veri-
fy or otherwise convince the Quality Control team member that such
changes should not be made.
FORD
- 2 -
It is most important that any facts not able to be verified by the
Quality Control Unit must be verified by the case attorney to the
Quality Control Unit. Such verifications can come only from the
case attorney producing such facts from the file.
All corrections will then be entered on the case summary original
draft. Although the case attorney is responsible for correcting
all typographical, grammatical and spelling errors, these kinds of
errors should also be checked by the Quality Control Unit team
member handling the case. All corrections should likewise be noted
on the case summary original draft.
Relative to initial case summaries, Quality Control's purpose is not
to edit the summaries for stylistic reasons. Quality Control should
be concerned with style only when its quality is so poor as to make
it difficult to understand what is being written.
When all changes in the case summary have been made and agreed to
by the case attorney and the Quality Control team member, the
Quality Control Unit team member responsible for checking the case
summary should initial the Quality Control Sign-Off Slip and attach
this to the correct case summary original draft and the Quality Control
work sheet. This package should then be delivered to me. This
Quality Control Unit team member should refile the case file.
The corrected case summary is then reviewed by the team leader for
the Quality Control Unit and/or the Executive Secretariat. When this
review is completed the original draft will go to the typist for typing
in final form. The case attorney will then proof and have corrected
any errors contained in the finalized case summary. The Quality
Control work sheet, the corrected case summary and the Quality
Control Sign-off Slip will be returned to the team leader of Quality
Control.
Beyond checking the factual accuracy contained within the initial case
summary drafts, Quality Control needs to verify that each of the
following category of facts, when appropriate, are either contained
within the case summary or it is expressly stated that such informa-
tion is not available. In those special circumstances such as facts
needed for baseline computation or reasons for AWOL for individuals
who have served successfully in Vietnam, the case attorney will have
to make a special effort, beyond what is contained in the case file,
to obtain such information. The list of necessary categories of inform-
ation are as follows:
- 3 -
1. Total time served (post and pretrial confinement).
2. Alternate Service - -- if perform, if performed satisfactorily,
and length of Alternate Service.
3. Time served on probation or parole and if entire period satis-
factorily completed.
4. Current sentence.
5. Race.
6. Age.
7. Family background and environment.
8. Reason for going AWOL, missing movement, refusing induction
or not keeping draft board informed of current address.
9. Prior criminal convictions.
10. False statements to the Presidential Clemency Board.
11. Any use of force collaterally to AWOL, desertion or missing movement.
12. Desertion during combat.
13. Prior refusal to fulfill Alternate Service.
14. Violation of probation or parole.
15. Length of AWOL/UA (total time).
16. Offense.
17. Education and intelligence ratings (military or civilian) and
education level.
18. Personal and family circumstances at the time of the offense or
afterwards.
19. Mental or physical condition which helps explain offense.
- 4 -
20. Employment and other activities of service to the public since
conviction or discharge.
21. Service-connected disability, wounds in combat, or special
decorations and commendations.
22. Period of creditable military service.
23. Tours of service in the war zone.
24. Evidence of personal or procedural unfairness.
25. Denial of conscientious objector status on procedural, technical
of improper grounds.
26. How applicant came under military or civilian control -- surrender
or apprehension.
27. Behavior which reflects mental stress caused by combat.
28. Volunteering for combat or extension of service while in combat.
29. Military conduct and proficiency ratings.
30. Personal decorations for valor.
31. Any other major item included in the case summary, which will
probably influence the Board in their decision.
THE WHITE HOUSE
WASHINGTON
PRESIDENTIAL CLEMENCY BOARD
Old Executive Office Building
Room 460
Washington, D. C. 20500
Dear Sir:
Your application to the Clemency Board has been received. We
are sending to you some additional information which will help
you understand how we will review your case.
The most important thing that you should look at is the Initial
Case Summary. This is a brief statement of the facts of your
case and your personal background that has been made from your
military records. The summary has been enclosed so that you may
see the main tool that the Board will use when we review your case.
Like the Board, you and your attorney may also see your entire
file.
Please read your summary very carefully. If anything in the
summary is wrong or if there is anything you want to explain,
please tell the Board. You may also inform the Board of any
other information that you think we should consider.
If you want
to write, please write soon. If we do not receive your comments
within twenty days from receipt of this letter, we may have to go on
with your case without them.
We have also sent to you the Instructions for preparing summaries.
This is what the Presidential Clemency Board gave to its lawyers
to tell them how to prepare your summary. We hope that it will
explain to you what each item on your summary means,
Please remember that there are certain facts in your summary
that the Board will not consider because we do not consider them
relevant. In order to expedite the processing of your case, however,
we decided that substantially all the information from your file should
be included in the summary. Some of this information may be either
inaccurate or embarrasing to you. Your input, therefore, becomes
important if the Board is to consider those facts concerning your
case which you believe are important.
FORD
- 2 -
The Board suggests that you have an attorney. If you would
like the name of an organization that would recommend to you
a free attorney, or if you have any questions about the summary
of the Presidential Clemency Board, please write or telephone us.
Presidential Clemency Board
White House
Washington, D. C. 20500
Phone: (202) 456-6476
Sincerely,
Charles E. Goodile
Charles E. Goodell
Chairman
Enclosures
FORD LIBRARY
SOP On Correspondence Paperflow
1. Correspondence received from Gretchen will be recorded by
Mitchell and assigned in blocks to Team Leaders.
2. Team Leaders will further distribute the letters to individual
drafting attorneys.
3. The drafting attorneys will give their replies (with their own
names prominently displayed), attached to the underlying
correspondence, to the secretaries for a draft reply.
4. The secretary will return the draft reply and underlying
correspondence to the drafting attorney for correction.
5. The drafting attorney will give the draft reply and corres-
pondence to the Team Leader for initial review.
6. The Team Leader will give the draft reply to Mitchell who,
after checking it off the record book, will return it to Gretchen.
7. Following final approval, it will be returned to a secretary to
be typed in final.
8.
When it is sent out, a copy will be provided to the drafting
attorney.
9. In the event it is not approved, it will be returned to the
drafting attorney for correction. Correspondence will be
reintroduced into this system beginning at step 6 supra.
10. All correspondence will be drafted for Chairman Goodell's
signature. In the event that a PCB case attorney desires to
sign off on a particular letter to an applicant or his
attorney, authority to do so must be granted by Ray Mitchell.
STANDARD OPERATING PROCEDURES ON SUMMARY
PAPER FLOW
1. Benson notifies Mitchell of number of files ready for distribution.
2. Mitchell assigns blocks of cases to team leaders.
3. Team leaders prepare "out cards" and assign cases individually.
4. Team leaders report back to Benson names of individual attorneys
assigned.
5. As summaries are written, they are given to secretary to be typed
in draft.
6. Secretary makes xerox copy of draft.
7. Draft copy is returned to attorney for corrections with xerox.
8. Draft copies plus file is given to team leader for initial review.
9. Team leader gives file plus drafts to Quality Control.
10. Quality Control coordinates with case attorney on any questions
or changes.
11. Quality Control gives draft to secretary to type in final and returns
file to the records room.
12. Secretary gives final to case attorney to check for errors.
13. Case attorney gives final to Quality Control for additional check.
14. Quality Control returns final to secretary to xerox 20 copies.
15. Secretary gives 20 copies to Jay.
16. Jay sends one copy to applicant, one copy to attorney, one copy to
Gretchen with certified number slip, one copy to case attorney noting
date of mailing, original and three copies to records room and remainder
to Quality Control.
17. Records notifies Benson that case has been completed.
18. Quality Control uses summary in preparation of docket.
FORD
19. When green certified mail card is returned, Gretchen attaches it to
white copy with summary and routes it to the case attorney who then
files it.
Addendum To Correspondence SOP
The PCB staff has accumulated several "model" letters which
may be utilized in drafting replies on the subjects listed
below:
1. Request for personal appearance by the applicant
or his attorney. Consult with John Lohff.
2. Inquiries concerning staying or postponing fines
imposed on Selective Service violators. Consult
with Ray Mitchell.
3. Letter of notification to ineligible applicants.
Consult with Dave Hickman.
FORD
LIBRARY
IIE. Presentation to the Clemency Board
II E
QUALITY CONTROL
PRESENTATION TO THE CLEMENCY BOARD
Case # is called
Charge, sentence, status read
Preparer begins oral presentation of
salient facts in background
Circumstances of the offense
Additional salient factors not previously
related to the Board (letters, etc.)
Baseline determined
A&M considered
Board arrives at recommendation
LIDANA
DISPOSITION
II-E-1
THE PRESIDENTIAL CLEMENCY BOARD
OLD EXECUTIVE OFFICE BUILDING
WASHINGTON, D.C. 20500
BOARD MEMBERS
PHONE: (202) 456-6176
Charles E. Goodell. Chairman
Ralph W. Adams
fames P. Dougovito
Robert H. Finch
Theodore M. Hesburgh. C.S.C.
Vernon E. Jordan
James A. Mave
March 13, 1975
Aida Casanas O'Connor
Lewis W. Walt
MEMORANDUM FOR:
Staff Attorneys
FROM:
Bob Kodak RDK
SUBJECT:
Recurrent Problems with Case Presentations
Below you will find listed those problems discussed at the critique
sessions following the last Board meeting (March 6, 7 and 8). These
sessions will become a regular feature, so while vou are attending
Board meetings please jot down any problems you see arise and any
solutions you can suggest. The noticeable problems from this last
meeting were:
1. Letters from the applicant are being overlooked. You should
mark the pertinent parts and have the letter attached to the summary
to prevent fumbling through the file and wasting time. If no letter,
then state that fact.
2. For the future there will be no reference in summaries or oral
presentations to Discharge Review Boards.
3. Aggravating and mitigating factor sheets should be filled out
beforehand, especially on upgrade cases.
4. Know the reasons for the AWOL -- even if it means writing or
calling applicant, or if he has an attorney, his attorney.
5. Baseline -- some people still are not sure on how to figure it
out. If you feel you fall into this category please see your team
FORD
leader.
6. There have emerged two situations where full pardons are being
granted. They are to people who have successfully completed 24
months alternate service and those of the Quaker, Muslim or Jehovah's
Witness faiths. If you have one of these situations tell the Board
first thing so you don't have to waste time going through the entire
summary.
7. Don't read the case summary to the Board. Go through the back-
ground and hit the highpoints. Pinpoint the aggravating and miti-
gating factors as they appear in the background. Do the same for
the circumstances of the offense, plus go into more detail in this
portion of the summary.
8. For Selective Service cases with allegations or evidence of
procedural irregularities have all the facts down. Likewise for
Vietnam veterans.
9. If a case presents any unusual problems the case attorneys
should notify someone of problems well in advance, i.e., the team
leader.
10. Speak to entire Board when presenting a case, not just the
Chairman.
11. Allow the Chairman to determine the baseline, if possible, but
the case attorney should have it ready in case he is requested to
do it for the Board.
12. After the Board runs through the aggravating and mitigating
factors you should suggest those which, in your considered judg-
ment, you feel exist and can be supported by evidence in the file.
13. If you have a character letter to read to the Board please
preface your recitation by stating the author's station in life,
occupation, relation to applicant, etc., if that fact is known.
14. If your applicant has an Air Medal please tell the Board what
unit he served with, i.e., if not Infantry then Air Cavalry.
15. If you have an applicant who allegedly deserted in combat then
be ready to explain all the circumstances and factors of the AWOL.
IIF. Disposition
II F
PRESENTATION TO THE CLEMENCY BOARD
DISPOSITION
Recommendation to the President and
his determination
Disposition sheet distributed (baseline,
A&M factors, case computations)
A&M form updated and distributed
Best Address/Pertinent Information Form
review and updated and distributed
Notification of applicant by certified
mail
Whichever applicable:
Notification of Selective Service
(copy of applicant letter)
Notification of respective Armed
Service
Notification of Pardon Attorney
Notification of Federal Bureau of
Prisons and U.S. Board of Parole
Notification of Probation Services
FORD VIBRARY
II-F-1
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
March 14, 1975
MEMORANDUM FOR:
GRETCHEN HANDWERGER
ROBERT KNISELY
DAVID HICKMAN
FROM:
RAY MITCHELL
SUBJECT:
Dissemination of Presidential Clemency
Board Decisions After Approval by the
President
To formulate a smooth and orderly flow of information in re decisions
of the Presidential Clemency Board subsequent to approval and announce-
ment of these decisions by the President, I have undertaken to outline
below the present procedure as I know it. Since this process is presently
being performed by several personnel on an ad hoc basis, I suspect the
information here outlined is somewhat incomplete and less than totally
accurate. Copies of this outline will be furnished to Gretchen Handwerger
and Bob Knisely for review and suggestions. After review by the afore-
mentioned staff members, it is recommended that the procedure be finalized
in a written standard operating procedure (SOP).
I.
General Procedure Subsequent to Board's Decision:
A
"Disposition Sheet"
Thomas O'Hare has the responsibility of completing a
FORD
"disposition sheet" of Board decisions at the end of each
meeting day. The disposition sheet shall include the PCB
-2-
case number, base line, aggravating and mitigating factors,
decision, PCB case attorney, and any other special notes
relevant to a particular case. The information contained
in such disposition sheet shall be verified with the notations
maintained by Gretchen Handwerger and Chairman Goodell.
Copies of the disposition sheet shall be furnished to Ray
Mitchell for distribution to PCB case attorneys and the
records section no later than two (2) working days after the
last day of a Board meeting. Such disposition sheets are to
be utilized by the PCB staff to verify records, maintain PCB
attorney case dockets, and complete the various forms dis-
cussed below.
B. "Aggravating and Mitigating Forms"
Upon distribution of the disposition sheet, Ray Mitchell is
responsible for ensuring that a separate form, in duplicate,
listing aggravating and mitigating factors (A & M), is typed
for each case on which the Board rendered a final decision
at its last meeting. Upon typing, these forms shall be
distributed to the staff team leaders and subsequently to each
PCB case attorney for verification. After such verification,
the PCB attorney shall sign each A & M form and return one
copy to the appropriate team leader for return to Ray Mitchell.
The second copy will be placed in the applicant's case file to
-3- -
be maintained therein. Utilization of such forms thereafter
is discussed below.
C. "Best Address/Pertinent Information Forms"
1. The PCB case attorney is responsible for completing
"Best Address/Pertinent Information Forms" (BA-PI),
in duplicate, for each applicant at the time of the
drafting of the initial case summary. Such forms shall
be placed in each file when a summary has been completed.
Blank copies of such forms shall be supplied to staff
team leaders for distribution to PCB case attorneys by
Ben Benson.
2. Upon receipt of the "disposition sheet, 11 as discussed
above, each PCB attorney shall immediately review the
accuracy of the BA-PI form for each case on which the
Board rendered a decision during the past meeting.
Such review shall include recording of the Board deci-
sion in the applicable space provided on the BA-PI
forms. One copy of the BA-PI form shall be returned
to the case file to be maintained therein. The PCB
attorney shall give second copy of the BA-PI form to
his team leader. The team leaders are responsible
for ensuring that a complete and accurate copy of the
-4-
of the BA-PI form for each decided case is
furnished to Ray Mitchell.
NOTE: Should PCB case attorneys become aware during the
aforementioned process of any reason that necessitates with-
holding a case from presentation to the President, it is incum-
bent on such attorney to notify Gretchen Handwerger immediately.
II.
Notification Procedure:
A. Individual Applicants
The applicant is notified of the decision of the Presidential
Clemency Board via a letter drafted by Gretchen Handwerger.
It is my understanding that the notification letter is standard-
ized and contains basic information about the Board's deci-
sion and what the applicant is expected to do. I Believe the
letter is sent to the applicant by certified mail, return receipt
requested. " Xerox examples of such letter should be attached
to the SOP.
B. Selective Service (Notification to the Selective Service should
be sent to the attention of Mr. Barber)
Col. Benson has informed me that no notification or other
information need be sent to the Selective Service for those
applicants receiving immediate pardon. For those applicants
who are required to fulfill a period of alternate service as a
-5-
condition of receiving a pardon, the Selective Service is
apprised of the Presidential Clemency Board decision by
way of copies of the notification letters which are sent to
the applicants. From such copies the Selective Service
may obtain the name and address of the applicant, the
Presidential Clemency Board decision, and the length of
the alternate service required.
C. The Respective Armed Services
By a memorandum from Col. Benson dated February 3,
1975, I was informed that the respective Armed Services
should be notified of the Board decisions concerning appli-
cants who were discharged under their auspices. To my
knowledge, this is not now being done. According to Col.
Benson, the process should be as follows:
1. When the Clemency Board reaches a decision on
a case, the respective Armed Service is notified
by the Board by forwarding a copy of the Board's
decision to that Service. No further action is
required by the Board.
2. The respective Armed Service will automatically
issue a Clemency Discharge Certificate upon receipt
of certification from the Selective Service System that
the individual concerned has completed his alternate
RURD
service.
LIQUIDA
-6-
3. In cases where the Board grants an outright
Pardon, the respective Service will issue
appropriate certification automatically upon
receipt of a copy of the Board's action.
The respective Service shall be notified at the
following addresses:
ARMY
Commander
Reserve Components Personnel and
Administration Center
ATTN: AGUZ-PSD
9700 Page Boulevard
St. Louis, Missouri 63132
NAVY
Chief
Bureau of Naval Personnel (Pers 83)
Department of the Navy
Washington, D.C. 20370
AIR FORCE
Air Force Military Personnel Center
DPM DOP3
Randolph AFB, Texas 78148
MARINE CORPS
Headquarters
United States Marine Corps
Code: MM
Washington, D.C. 20380
D. United States Pardon Attorney (Attention: Ms. Kathryn
Burnup, Staff Assistant, Office of the Pardon Attorney)
The information needed by the Pardon Attorney is as
follows:
-7-
Name of applicant; District Court of conviction
for draft evaders or branch of Service for
military offenses; date of conviction; date of
approval by the President; and a copy of master
warrant.
The present procedure utilized by the Pardon Attorney is
to send the aforementioned information along with the
master warrant to the Department of Justice for the
official seal. The master warrant list is then returned
to us. Presently the Pardon Attorney is assuming no
additional duties in this process. I request that we
endeavor to convince the Pardon Attorney to process our
cases as he does other cases of individuals who are routinely
pardoned. This would include the additional duties of notifying
individuals (i.e., notifying the individual and his attorney
and sending the copy of the master warrant; notifying the
FBI so that the pardon will be reflected in the files; notifying
the U.S. Attorney in civilian cases; or the appropriate
military branch of service in military cases). It should be
emphasized that the aforementioned notification is not now
being performed by anyone and if we cannot convince the
Pardon Attorney to do this, we will be required to notify
these individuals and agencies ourselves.
-8-
E. Department of Justice
Aside from the FBI mentioned above, interested agencies with-
in the Department of Justice are the U.S. Board of
Parole and the Bureau of Prisons. It is imperative that
the Federal Bureau of Prisons be notified of the Board
decisions on cases of furloughees. No decision of the
Board has yet resulted in less than commutation of the
sentence of a furloughee. Accordingly, the Federal Bureau
of Prisons must be notified so that they will be aware that
such furloughees are no longer within their jurisdiction.
This notification should be sent to Mr. Norman Carlson,
Director, Federal Bureau of Prisons. Likewise, the U.S.
Board of Parole should be advised of the decisions as to
those applicants who are under supervision. This notifica-
tion should be sent to Mr. Joseph Barry, General Counsel,
U.S. Board of Parole.
F. The Administrative Office of the U. S. Courts
The U. S. Probation Services which is an agency of the
Administrative Office of the U. S. Courts must be apprised
of all Board decisions affecting applicants who are under
probation supervision. Presently, the notification letter
to the applicants instructs them to notify the probation
supervisor of the Board's decision. The supervisor can
-9-
then verify the Board's decision through the probation
services in Washington, D. C. Notification of the Board's
decision should be sent to Mr. Mike Keenan, U. S. Probation
Services, Washington, D. C.
II-F-2 -
B Attorney:
PCB Case Number (in full):
Disposition of case
Name of applicant (in full; last name first)
LAST
FIRST
MIDDLE
Best address:
(include
zip code)
Other address (if listed):
(include zip code)
Best telephone number (with area code):
ther telephone numbers (if any with area code):
(identify)
Attorney (if any):
Law Firm name (if any):
Attorney address (if any):
(include zip code)
Attorney telephone number (with area code).
Branch of Service ( If Military)
District Court of Conviction (If Civilian)
Date of Conviction
Is applicant now on parole or probation?
o, give name and address of supervisor
If a Senator or Congressman is to be informed of disposition of case, give
name and address.
REMARKS (especially if pertinent to contacting applicant + ither by phone or mail):
II-F-3 II F 3
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
SUMMARY OF DECISION
In deciding how many months of alternative service you must do to receive your
pardon, the Presidential Clemency Board made the following calculation:
Starting Point
24 Months
Less Three Times
Months Served in Prison
-
Months
Less Alternative Service Performed if Entire Period
Satisfactorily Completed
-
Months
Less Time Served on Probation or Parole if Entire
Period is Satisfactorily Completed
-
Months
BASELINE
Months
Judge's Sentence to Imprisonment as Reduced by Competent
Authority, which is the Baseline
if Less Than the Above Figure
Months
Minimum Baseline
3 Months
Final Baseline for Determining the Period of Your
Alternative Service
Months
The factors marked with an "X" below were used by the Board to decide whether
to increase the period of your alternative service:
(1).
Prior criminal convictions
(2).
False statement to the Presidential Clemency Board
(3).
Use of force collaterally to AWOL, desertion, or missing movement
(4).
Desertion during combat
(5).
Evidence that you committed your offense for obviously manipulative
and selfish reasons
(6).
Prior refusal to fulfill alternative service
(7).
Violation of probation or parole
(8).
Multiple AWOL/UA offenses
(9).
Length of AWOL/UA
None of the above
The factors marked with an "X" below were used by the Board to decide whether
to decrease the period of your alternative service:
(1).
Lack of sufficient education or ability to understand your obligations
under the law
(2).
Personal and family circumstances either at the time of your offense
or afterwards
(3).
Mental or physical condition
(4).
Employment and other activities of service to the public since your
conviction or military discharge
(5).
Service-connected disability, wounds in combat, or special decorations
and commendations
(6).
Period of creditable military service
(7).
Tours of service in the war zone
(8).
Substantial evidence of personal or procedural unfairness
(9).
Denial of conscientious objector status on procedural, technical,
or improper grounds
(10).
Evidence that you acted for conscientious, not for manipulative or
selfish reasons
(11).
Voluntarily submitted yourself to authorities
(12).
Behavior which reflects mental stress caused by combat
(13).
Volunteering for combat, or extension of service while in combat
(14).
Above average military conduct and proficiency
(15).
Personal decorations for valor
None of the above
Based on these factors, the Board's decision is that your
month baseline
should be
.
Therefore, you will be
granted your pardon after you perform
months of alternative service.
Case Number
Staff Attorney
III. Legal Information
III - A
November 21, 1974
MEMORANDUM TO:
The Presidential Clemency Board
FROM:
H. Neil Broder
Staff Attorney
SUBJECT:
Overview of Militarv Justice
The purpose of this memorandum is to provide an overview of
the court-martial system. In order to facilitate the Board's under-
standing, the following model case will be traced from its inception
through ultimate appellate review.
Private First-Class John F. Ames, 012 34 5678,
attached to Headquarters, Service Battalion, Fort
Pentagon, Washington, D. C., absented himself without
authority on 1 September 1963. Cn 1 October 1968 he
was administratively declared a deserter and dropped
from the unit rolls. On 1 June 1972 Private Ames
surrendered to military control. "IC was tried and con-
victed pursuant to his nlea by general court-martial and
sentenced to a dishonorable discharge, confinement at
hard labor for 12 months, total forfeitures and reduction
to pay grade E-1. The convening authority aporoved
the sentence but reduced the confinement portion to 10
months. The U. S. Army Court of Military Review
affirmed the conviction and approved only so much of
the sentence as extends to a bad conduct discharge,
confinement at hard labor for 8 months, total for-
feitures for S months and reduction to pay grade E-1.
Ames has filed a petition for a grant of review before
the U. S. Court of Military Appeals.
FORD is LIBRARY 9ERALD
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For purposes of discussion court-martial jurisdiction is assumed.
Areas of especial interest to the Board's review of military appli-
cants will be highlighted.
1. Ames surrenders; AWOL charge preferred
Any possible disciplinary/administrative action against
Private Ames will be initiated by a review of his service records.
Therein entries monitor his total activities. Properly executed
entries should reflect (1) the assumption of a status of unauthorized
absence on 1 September 1963, (2) an administrative desertion separ-
ation on 1 October 1963, and (3) a surrender to military control on
1 June 1972. Based upon this information an investigation will be con-
ducted to determine if sufficient evidence exists to warrant the pre-
ferral of charges. Preferral of charkes is the military term of art
which describes the act roughly equivalent to the filing of a criminal
complaint. Prosecutions for AWOL are usually predicated upon ser-
vice record entries.
Given sufficient evidence for preferral, an individual known as
an accuser will sign and swear to a charge of ANOL against Private
Ames. The formal written accusation consists of two parts. the tech-
nical char :e and the specification. The charge and specification
lodged against Private Ames will appear as follows:
Charge: Violation of the Uniform Code of
Military Justice, Article 36.
Specification: In that Private First-Class
John R. Ames, U. S. Army, Headquarters,
Service Battalion, Fort Pentagon, Washington,
D. C., did, on or about 1 September 1963,
without authority, absent himself from his
unit, to wit: Headquarters, Service Battalion,
located at Fort Pentagon, Washington, D. C.,
and did remain 30 absent until on or about
1 June 1972.
The charge will then be incorporated in a document known as the charge
sheet.
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2. Formal disposition: Trial by Court-Martial
Once preferral has occurred, the charge is subjected to a
preliminary inquiry to determine its formal disposition. It is at this
time that a decision for non-judicial punishment (NJP), judicial
punishment (court-martial), administrative action or no action at all
will be made. Charges that are trivial, do not state offenses, are
unsupported by available evidence and/or are outweighed by sound
reasons for not punishing the accused are dismissed. If the offense
is minor the accused's immediate commanding officer may impose
non-judicial punishment. The term minor includes misconduct not
involving any greater degree of criminality than is involved in the
average offense tried by summary (the lowest level of) court-martial.
This term ordinarily does not include misconduct of a kind which, if
tried by general (the highest level of) court-martial, could be punish-
able by a dishonorable discharge and/or confinement at hard labor
for more than one year.
If trial by court-martial is deemed appropriate, as would in
all likelihood be the case with Private Ames, the charge would be for-
warded through the chain of command to the officer exercising summary
court-martial jurisdiction over the command of which Ames is a member.
Before the charge is forwarded Ames will be informed thereof and he
will be requested to so indicate on the charge sheet. The charge sheet
will also contain a notation if Ames had been permitted, but has elected
to refuse, non-judicial punishment. Charges sucn as the one lodged
against Ames which would be tried in all probability by either special
or general court-martial, will be forwarded by 3 letter of transmittal
to include (1) a summary of the evidence expected from any source,
(2) all available documentary evidence, (3) evidence of admissble
prior convictions by court-martial; (4) an explanation of any unusual
features of the case, and (5) a specific recommendation as to disposition.
In determining at which level of court-martial Ames should be
tried, the officer exercising summary court-martial jurisdiction should
consider Ames' character and prior service, as well as all information
pertinent to the charge. If it is determined that the offense is so serious
that, if convicted, Ames should be punitively separated from the ser-
vice (dishonorable or bad conduct discharge), then he must be referred
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to that level of court-martial authorized to award such a discharge.
GERALD
LIBRARY
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A general court-martial may adjudge any punishment not forbidden
by the Uniform Code of Military Justice. For the Board's purposes,
this authority generally includes dishonorable and bad conduct dis-
charges, confinement at hard labor not to exceed three years (legal
desertion terminated by apprehension), not to exceed one (1) year
(AWOL in excess of 30 days), total forfeitures and reduction to the
lowest enlisted pay grade. A special court-martial may adjudge any
punishment not forbidden by the Code except death, dishonorable dig-
charge, confinement at hard labor in excess of six months, and for-
feiture of pay exceeding two-thirds pay per month for six months.
For the Board's purposes, a summary court-martial cannot adjudge
death, either type of punitive discharge, confinement at hard labor
in excess of one month and forfeiture of pay exceeding two-thirds pay
per month for one month, among other punishments. In all cases
the jurisdiction of courts-martial is entirely penal and disciplinary.
There is no power to adjudge the payment of damages or to collect
private debts.
3. Charge referred to a General Court-Martial
Following preferral, investigation and a tentative decision
to try Aines by court-martial, the charge must be referred to a duly
established court-martial. Referral of charges is the military term
of art which describes the act roughly equivalent to the decision to
prosecute. Referral is accomplished by means of an endorsement on
the charge sheet. When referral occurs the endorsement will refer
specifically to the convening order giving existence to the court-martial.
Courts-martial are creatures of statute. They are formally
created by a convening order issued by an individual known as the
convening authority. A convening order designates the kind of court
(for Ames, probably a general court-martial), the time and place it is
to meet, a military judge, court members and qualified lawyer counsel
to represent both the government and accused such as imes. Court
reporters are also detailed, but they are not listed on the convening
order. An enlisted man such as Ames may be tried by a court com-
posed of at least one-third enlisted personnel. Jurisdictional court
member minimums for a general court-martial and a special court-
martial are 5 and 3, respectively.
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Ames will be referred to either a general or a special court-
martial. Before such referral, however, certain basic considerations
must be met. Among the more relevant ones for the Board's review
are that no charge may be referred to a general court-martial until
(1) a formal investigation, roughly equivalent to a grand jury proceed-
ing. has been conducted, and (2) the investigation has been considered
and reviewed by the staff judge advocate (legal counsel) to the conven-
ing authority. Assuming compliance with these fundamental considera-
tions, Ames can be referred properly to a general court-martial.
It
should be noted that Ames can waive his right to this formal investi-
gation in which event the charge could be referred immediately to a
general court-martial. In view of the length of Ames' AWCL, the
jurisdictional punishment limitations of a special court-martial and
the prima facie case established by the service record book entries,
trial by general court-martial seems likely.
4. Ames tried by General Court-Martial: convicted
pursuant to his plea; sentenced to a Lisnonorable
Discharge, continement at hard labor 12 months,
total forfeitures, reduction to pay grade -1 ( rivate).
Once referral has been accomplished a trial date is set. At
an accused's election he may be tried by judge and court members or
judge alone. Court-martial proceedings are divided into two distinct
phases. During the findings stage the ultimate issue of guilt or inno-
cence is determined and during the sentencing stage the quantum of
punishment is decided. The Manual for Courts-Martial (procedure
established by the President) sets forth rules of evidence and all other
matter pertinent to courts-martial. An accused in the military is
accorded a panoply of rights, including all constitutional rights not
expressly inapplicable to the military. The Board should be aware
that it is usually during the sentencing stage that an accused will pre-
sent the circumstances surrounding his offense -- this case an AWCL.
This is known formally as an accused's case in extenuation and miti-
gation. The government's case at this stage is denominated as the
case in aggravation. An accused may present his version of events
in either a sworn or unsworn statement. The maximum imposable
punishment is set by the level of court-martial and the Table of
Maximum Punishments, the latter being a formal standard estab-
lished by the President.
FORD i GERALD LIBRARY
. 6 -
5. Convening authority approves sentence but
reduces confinement at hard labor to li) months.
Following the trial the record is authenticated by the military
judge. Non-verbatim and unauthenticated records will not support the
imposition of a punitive discharge. Additionally, special courts-martial
cannot award a bad conduct discharge unless a military judge has been
detailed and qualified counsel represents the accused. Courts failing
to meet this standard are known as 'non-BCD specials". After authen-
tication, the record of trial is forwarded to the convening authority
for non-judicial review. There will be only one level of non-judicial
review for general courts-martial. There may be two levels of non-
judicial review for special courts-martial depending upon the branch
of service. In any event. the non-judicial reviewing officers (the
convening authority and the officer exercising general court-martial
jurisdiction) may approve only such findings of guilty and the sentence
or such part or amount thereof, as they find correct in law and in fact
and as they in their discretion determine would be approved. Simply
stated, they can disapprove the findings and/or the sentence for any or
no reason. Such wide discretion may amount, in part, for the signifi-
cant reductions of original sentences awarded to some of the military
applicants.
Critically important for the Board's edification is the standard
by which the non-judicial reviewing officers determine what sentence
should be approved. Generally speaking, a sentence should be approved
which is warranted by the circumstances of the offense and the previous
record of the accused. Appropriate action should be taken to approve
a less severe sentence when, even though legal, it appears unneces-
sarily severe. Whether the maximum or a lesser sentence should be
imposed depends upon a consideration of all facts and circumstances,
regardless of the stare of the trial at which they were established.
Accordingly, evidence of other offenses or acts of misconduct which
were properly introduced may be considered, as well as evidence
properly introduced respecting the character of the accused and the
number and character of any previous discharges and convictions.
A guilty plea is a mitigating factor. Dishonorable dischargesare re-
served for those who should be separated under conditions of dishonor,
after having been convicted of an offense usually recognized by the
civil law as a felony, or of offenses of a military nature requiring
severe punishment. A bad conduct discharge is a punishment designed
. 7 -
for bad conduct rather than as a punishment for serious offenses of
either a civil or military nature. It is an appropriate punishment
for an accused who has been convicted repeatedly of minor offenses
and whose punitive separation seems necessary. The nature and
duration of any pretrial restraint should also be considered. Unless
a non-judicial reviewing officer indicates otherwise, approval of any
part of the sentence constitutes approval of the findings of guilty.
6. Execution of Ames' sentence
A non-judicial reviewing officer can order execution of a
sentence at the time he approves it, unless it involves a general or
flag officer, a sentence of death or dismissal, or an unsuspended
sentence of dishonorable discharge, bad conduct discharge or confine-
ment at hard labor for one year or more. Similarly, a sentence ex-
tending to a suspended punitive discharge can be executed only to the
extent of punishments other than the discharge. These last conditions
are relevant for the Board's review as many of the military applicants
have adjudged or approved but unexecuted punitive discharges, while
others have adjud ed, approved and suspended punitive discharges.
After final approval by the non-judicial revie ving officer(s), the record
of trial is forwarded to the appropriate Judge Advocate General for
judicial review by the Courts of Military Review and, in some gases,
by the United States Court of Military Appeals.
7. U. S. Army Court of Military Peview affirms Ames'
conviction and amroves only 30 much OR the sentence
as extends to a bad conduct discorree, confinement
at hard labor for 8 months, total forfeitures for 3
menths, and reduction to pay grace C-1.
Review by the Court of Military Review is a matter of right in
most cases. In those special courts-martial where a bad conduct
discharge is not adjudged, the case is reviewed in the office of the
appropriate Judge Advocate General. Accused are assigned free
appellate counsel. This first level of appellate judicial review is most
significant as the Courts of Military Review decide not only legal
questions, but they are also empowered to redetermine facts and to
review the propriety of sentences. In this regard, the military appel-
late courts are quite different from their counterparts in the federal
&
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civilian system.
GERALD
LIBRARY
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8. Ames files petition for a grant of review before
U. S. Court of Military Appeals.
In most cases, review by the U. S. Court of Military Appeals
is a matter of discretion. All cases in which the sentence, as affirmed
by a Court of Military Feview, affects a general or flag officer or
extends to death, and all cases reviewed by a Court of Military Review
in which the appropriate Judge Advocate General orders review, must
be reviewed by the Court of Military Appeals. The overwhelming
majority of the cases before the Board appear to fall within the dis-
cretionary review category. An accused must petition the high military
court in order to obtain further appellate review. Unlike the Courts
of Military Review, the Court of Military Appeals cannot redetermine
the facts. It is bound by the record as it comes before it. Its deci-
sions are final. Given certain constitutional claims, accused may seek
relief in the federal district courts. There is no direct appeal from the
Court of Military Appeals to the U. S. Supreme Court.
No sentence extending to death or involving a general or flag
officer may be executed until affirmed by both a Court of Military
Review and the Court of Military Appeals and approved by the
President. No sentence extending to a dishonorable or bad conduct
discharge, whether or not suspended, may be executed until affirmed
by a Court of Military Review and, in cases reviewed by it, the Court
of Military Appeals. This latter condition upon execution is also
applicable to those sentences extending to unsuspended confinement
at hard labor for one year or more.
9. In the event Ames' petition for review is denied,
his sentence will be executed and he will be
separated from the Army with a Bad Conduct
Discharge. Fprfeitures withheld will revert to
the Government. In all likelihood Ames' sentence
to confinement will have been served completely
by the time the Court of Military Appeals acts
upon his petition.
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The following chart illustrates the general parallels between
the court-martial system and the federal civilian criminal system:
Level of
Civilian Criminal
Proceedings
Courts-Martial
(Federal System)
TRIAL
General court-martial
Special court-martial
Federal District
Summary court-martial
Court
(Non-judicial punishment;
not truly a trial)
NON-JUDICIAL
Convening Authority
REVIEW
Officer exercising General
Court-Martial jurisdiction
JUDICIAL
Court of Military Feview
Circuit Courts
REVIEW
(as of right)
of Appeal
(appeal must be filed)
U. S. Court of Military
U. S. Supreme Court
Appeals
1. direct appeal in
1. as of right
some cases
2. petition for a grant
2. petition for a writ
of review
of certicrari
GERALD
FORD is LIBRARY
III -
ISSUANCE AND REVIEW OF DISCHARGES FROM THE ARMED FORM
There are two categories of discharges used in separating persons from the
military service, i.e., punitive discharges and administrative discharges.
The two types of punitive discharges are the Dishonorable Discharge and the
Bad Conduct Discharge. Punitive discharges may only be issued when ad-
judged by a court-martial upon conviction of a violation of the Uniform Code
of Military Justice.
Pursuant to Article 56 of the Uniform Code of Military Justice, 10 United
States Code 856, the President has designated those specific offenses which
may warrant a Bad Conduct or Dishonorable Discharge 5 Listing of those
offenses can be found in the Table of Maximum Punishments, paragraph 127c
of the Manual for Courts-Martial, United States (1969). An examination of
that Table will reveal that the offenses upon conviction of which a court-martial
may adjudge a punitive discharge are not those which are normally considered
"minor."
Under Article 66 of the Uniform Code of Military Justice, 10 United States
Code 866, every trial by court-martial in which the sentence extends to a
Bad Conduct or Dishonorable Discharge must be reviewed by an appellate
court, the Court of Military Review. Under article 67 the recipient of such a
discharge may petition the Court of Military Appeals for further review.
There are three basic types of administrative discharges: Honorable, General,
and Undesirable. Issuance of these three types is governed by the provisions
of Department of Defense Directive 1332. 14, "Administrative Discharges."
A general statement of Department of Defense policy with regard to adminis-
trative discharges is found in Section V.A. of that Directive, which states:
"The Armed Forces have the right and the duty to separate from the service
with an appropriately characterized discharge certificate members who
clearly demonstrate that they are unqualified for retention. At the same time,
such members have rights which shall be protected. " Each of the military
services has adopted detailed regulations which implement this policy and
the procedures contained in the Department of Defense Directive.
The general standards for determining the type of administrative discharge
an individual should receive are set forth in Section VI of Department of
Defense Directive 1332. 14. An Honorable Discharge is a separation with
honor, the receipt 'of which is "conditioned upon proper military behavior
and proficient performance of duty with due consideration for the member's
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age, length of service, grade and general aptitude. A General Discharge
is a separation under honorable conditions which will be issued "when" a
member's military record is not sufficiently meritorious to warrant an
Honorable Discharge as prescribed by the regulations of the service con-
cerned." An Undesirable Discharge is an administrative separation from
the service under conditions other than honorable which "may be issued for
misconduct, unfitness, or security reasons. " These standards have been
defined in much greater detail in the regulations issued by the individual
services.
Section VII of the Department of Defense Directive lists 11 general grounds
upon which a member may be administratively discharged from the Armed
Forces: Expiration of enlistment or fulfillment of service ouligation, con-
venicnce of the government, resignation-own convenience, dependency or hard-
ship, minority, disability, unsuitability, security, unfitness, misconduct, and
resignation or request for discharge for the good of the service. An Honor-
able or, when appropriate, General Discharge may be issued for any of these
reasons. The issuing authority for a General Discharge is the Commander
exercising Special Court-Martial jurisdiction over the individual, or higher
authority.
An Undesirable Discharge may only be issued to an individual who is separated
for security reasons, unfitness, or misconduct, or who requests discharge
in lieu of trial by court-martial for an offense which could lead to a punitive
discharge. The issuing authority for an Undesirable Discharge is the Com-
mander exercising General Court-Martial jurisdiction over the individual,
or a general officer in command with a judge advocate on his staff, or higher
authority.
Under Section VII.J. of the Department of Defense Directive, there are
three instances in which a scrviceman may receive an Undesirable Discharge
on grounds of "misconduct": (1) when he is convicted by civil authorities of
an offense which involves moral turpitude or which is punishable under the
Uniform Code of Military Justice by death or confinement for more than one
year, or (2) when he has procured a fraudulent enlistment or induction through
deliberate material misrepresentation, omission or concealment, or (3) when
he has been continually absent without authority for one year or more. Under
Section VII.I. of the Directive, a member may receive an Undesirable Dis-
charge on the grounds of "unfitness" for frequent involvement of a discreditable
nature with civil or military authorities, sexual perversion, drug abuse, an
established pattern of shirking, an established pattern showing dishonorable
failure to pay just debts, an established pattern showing dishonorable failure
to support dependents or comply with court orders concerning support of
dependents, and unsanitary habits.
2
The Department of Defense is aware that servicemen who have received
Undesirable Discharges may encounter difficulty in securing civilian employ-
ment. For this reason, the Department has adopted policies and procedures
which are designed to protect the interests of the individual and prevent the
issuance of undeserved Undesirable Discharges. These procedures are set
forth in Section VIII. of Department of Defense Directive 1332. 14. It should
be noted that the Directive provides that: "No member shall be discharged
under conditions other than honorable unless he is afforded the right to pre-
sent his case before an administrative board with the advice and assistance
of counsel and unless such discharg is supported by approved board findings
and an approved board recommendation for undesirable discharge. The
rights which a serviceman has before such a board are listed in Section IX. C.
of the Directive. These include the rights to appear in person before the
board (with or without counsel), challenge members of the board for cause,
request the appearance of witnesses, submit statements and depositions,
and question any witnesses that appear. The only occasions when a member
loses his right to a board hearing before receiving an Undesirable Discharge
is when he "is beyond military control by reason of prolonged unauthorized
absence, resigns or requests discharge for the good of the service, or waives
his right to board action in writing."
After an individual has received an other than Honorable Discharge, he may
seck to have it changed by applying for relief before either, or both, of two
administrative review boards. Pursuant to 10 United States Code 1553, the
Secretaries of each of the Military Departments have established discharge
review boards which, except for cases involving a discharge which "resulted
from the sentence of a General Court-Martial, " may "change a discharge or
dismissal, or issue a new discharge." A former serviceman can apply to
such a board for relief at any time up to 15 years from the date of his discharge.
Although an individual may appear before the discharge review board if he so
desires, personal appearances are not necessary to accomplish remedial
relief. The discharge review board will determine whether the discharge
was equitable and properly given. it it does not so find, it will change the
character of the discharge.
In addition to the administrative discharge review boards established under
10 United States Code 1553, each of the Military Departments has also estab-
lished a board for the correction of military records under 10 United States
Code 1552. These boards have broad powers to recommend to the Secretary
conce med a change in an individual's military records, including his discharge.
to correct an inaccuracy or to cure an injustice.
&
FORD
As a related matter, it should be noted that a former serviceman who is not
entitled to have his discharge changed by either of these administrative
review boards may still be able to obtain some relief under Public Law 89-690.
approved by President Johnson on October 15. 1966. By virtue of this law,
3
a person who receives an Undesirable, Bad Conduct, or Dishonorable Dis-
charge from the military service can apply to the Secretary of Labor for the
issuance of an Exemplary Rehabilitation Certificate based on proof of at least
three years of successful rehabilitation and exemplary conduct in civilian
life subsequent to discharge. Issuance of the Certificate does not operate to
change the character of a discharge from an armed force or to restore any
veterans' benefits lost thereby, but it does qualify the recipient for certain
job counselling and employment placement assistance administered by the
Department of Labor and provides tangible proof of rehabilitation. A detailed
description of this program may be found at 29 C.F.R. 26. 1-26.7.
III-C
THE PRESIDENTIAL CLEMENCY BOARD
OLD EXECUTIVE OFFICE BUILDING
WASHINGTON, D.C. 20500
BOARD MEMBERS
PHONE: (202) 156-0176
Charles E. Goodell, Charman
Rabbh W. Adams
November 21, 1974
James P. Donrovito
Robert 11. Finch
Therefore M. Hesburgh. C.S.C.
Vern it E. Jondan
Jame A. Mave
Anda Casanas O'Connor
lewis W. Welt
MEMORANDUM FOR: PRESIDENTIAL CLEMENCY BOARD
FROM: LEGAL STAFF
SUBJECT: BRIEF EXPLANATION OF TERMS, ACRONYMS, AND
ABBREVIATIONS FOUND IN APPLICANT FILES FROM THE
MILITARY SERVICES
The following synopsis of records terminology is submitted
for your information:
a. ALNAV 83 - Found in upper right corner of case summary,
it designates a message/telegram sent by the Secretary of
the Navy to all Navy/Marine Corps commands which outlined
the Presidential Clemency Program and authorized the release
from confinement of qualifying Marine/Navy prisoners.
b. GCT - The marine Corps' rough equivalent of IQ similar
to the Federal Beta IQ score. A GCT of 90-110 is within the
average range. The letters stand for General Classification
Test score and the figure is formed by averaging three test
scores; verbal, arithmetic, pattern analysis, of a battery
of several tests given to Marine recruits. This test series
is to be distinguished from that initially given to all
armed services recruiting applicants which is called the
Armed Forces Qualification Test (AFQT) and embodies a different
measure of relative intelligence.
C. Pro & Con marks - Stands for Proficiency and Conduct marks
which are the means by which Marines of the first four enlisted
grades are rated for performance. Those grades are: E-1,
Private; E-2, Private First Class; E-3, Lance Corporal; E-4
Corporal. Higher grades receive fitness reports. Pro and
Con marks are based on a 5 point scale subdivided into decimals.
Conduct marks can be generally interpreted as follows: 0 to
1.9 - Unsatisfactory, habitual offender during marking period;
2 to 2.9 - Poor. Some disciplinary involvement during mark-
ing period but not more than one Summary Court Martial (the
MAD FORD
- 2 -
lowest level court) nor more than 2 serious instances of
non-judicial punishment; 3 to 3.9 - Fair, meeting minimum
standards; 4 to 4.4 - Good, fully honorable conduct; 4.5
to 4.8 - Excellent; 4.9 to 5 - Outstanding. Proficiency
marks can be categorized generally with the same superlatives;
1.e., 0 to 1.9 ~ Unsatisfactory, 2 to 2.9 - Poor, 3 to 3.9 -
Fair, 4 to 4.4 - Good, 4.5 to 4.8 - Excellent, 4.9 to 5 -
Outstanding. Pro and Con marks are generally given every 6
months. Average final marks of 4.0 conduct and 3.0
proficiency entitle a Marine to a fully Honorable Discharge
upon normal expiration of his enlistment.
d. G.T. - The Army's rough equivalent of an IO score. The
figure is formed from an average of a verbal ability test
and an arithmetic reasoning test scores. The test is very
close to an easy college board test. A score of 100 on the
G.T. is established as the mean. A score of 85 would be in
the lowest quartile and a score of 125 would rank in the
90th percentile.
e. DA/DAPE - HR - Found in upper right corner of some Army
case summaries, similar to Nave ALNAV 83; it designates a
message/telegram sent from Department of Army, Deputy Chief
of Staff for Personnel, Directorate of Human Resources
Development. The message ordered the release from confine-
ment of persons who qualified for Clemency Program.
f. AFQT Category - An Armed Forces Qualification Test (AFQT)
category is an arbitrary division of mental test results into
five percentile ranges for purposes of determining eligibility
to enter military service. Those persons who scored in
Categories I, II, and III were completely eligible as to
mental ability for military service and those in Category V
were completely ineligible. Those persons whose scores were
in the Category IV range were on the borderline and other
criteria of education and other test scores were used to
determine eligibility for military service. The AFQT score
consists of the same G.T. test scores of verbal reasoning
ability added to the results of a spatial reasoning test,
divided by three, and then expressed in a percentile rank.
The spatial reasoning test requires no reading ability
because the directions are read to the examinee. He is then
to pick the picture of an object that most resembles an
exploded or unfolded figure in the test sample. It is thus
possible for a very poor reader or a non-reader to raise
his overall score on the AFQT to Category IV by performing
well in this test. The AFQT has been replaced by other tests
as of 1 July 1973.
- 3 -
g. Conduct and Efficiency Ratings - The Army used these
ratings as a part of the enlisted personnel rating system
until 15 September 1973 This system has been discontinued
but ratings prior to the discontinuation are still considered
valid and are to be used as one of the factors in determining
the nature of discharge. These ratings were used in conjunc-
tion with other data in determining eligibility for certain
personnel actions such as award of the Good Conduct Medal,
assignment, promotion, as well as types of discharges. The
ratings of conduct and efficiency were to be for designated
time spans and on certain events including the day immediately
prior to an AWOL period. The ratings used for conduct and
efficiency reports were Excellent, Good, Fair, or Unsatisfactory.
In actual practice an enlisted man was unlikely to receive
less than an excellent rating in conduct and efficiency unless
he clearly had some record of some disciplinary action.
h. Enlisted Evaluation System Traits - For grades E-1, E-2,
E-3, and E-4 in the Navy five traits are considered for rating
periods and for the nature of discharge. The traits considered
are Leadership, Performance, Military Behavior, Military
Appearance, and Adaptability. The rating scale is on a 4.0
maximum and scored at 0.2 intervals. On a curve the majority
of Navy enlisted persons are rated at 3.4 overall. In order
to get an honorable discharge, the individual must have a
3.0 military behavior average for all ated ricls of ti.
and an overall average 2.7 for all rated traits.
i. GCT Score in Navy The GCT is the General Classification
test that is a part of the Navy Basic Test Battery. It is
a test that is supposed to report on a capability for learn-
ing and is rated as follows:
Score 64
High (upper 7% of all examinees)
55-64
Above average (24% of all examinees)
45-54
Average (38% of all examinees)
35-44
Below average (24% of all examinees)
22-34
Low (7% of all examinees)
The GCT score is not intended as a IQ test, but some Navy sources
double the GCT score and obtain a figure used as a rough IQ
equivalent.
FORD
LIBRARY
4
Sources of Data:
1. CPT John Euler's Memo
2. Army Personnel Directorate
3. Army Research Institute for Behavior and Social Sciences
4. Office of Deputy Chief of Naval Operations for Manpower
Planning and Programming
ABBREVIATIONS
ACMR
Army Court of Military Review
AFQT
Armed Forces Qualifying Test
BCD
Bad Conduct Discharge
CA
Convening Authority
CHL
Confinement at Hard Labor
DD
Dishonorable Discharge
GCM
General Court Martial
GT
General Technical
MCM
Manual for Courts Martial
NJP
Non-judicial Punishment (Article 15)
SA
Supervisory Authority
SCM
Summary Court Martial
SJA
Staff Judge Advocate
SPCM
special Court Martial
TF
Total forfeiture of all pay and allowances
THP
Temporary Home Parole
UCMJ
Uniform Code of Military Justice
USDB
United States Disciplinary Barracks
SOURCES:
1. USDB Clemency Folder
2. Official Military Personnel File
3. Record of Trial (or) Trial Transcript
FORD LIDREST
APPENDIX I
IV. Appendix
THE PRESIDENTIAL CLEMENCY BOARD
OLD EXECUTIVE OFFICE BUILDING
WASHINGTON, D.C. 20500
BOARD MEMBERS
March 21, 1975
PHONE: (202) 156-6-176
Charles E. Goodell. Chairman
Ralph W. Adams
James P. Dougovito
Robert H. Finch
Theodore M. Hesburgh. C.S.C.
Vernon E. Jordan
James A. Maye
Aida Casanas O'Connor
Lewis W. Walt
MEMORANDUM
FOR:
Summary Writers
FROM:
Bob Kodak
Training Officer
SUBJECT:
PCB's Resident Experts
The following people have been recognized as experts in the following
areas. This list is not exhaustive but is merely an aid to those
with problems in the areas listed below.
1. Selective Service Case Law and Precedents - Bill Klein
2. Selective Service Regulations - Col. O. G. Benson
3. Liaison with Federal Bureau of Prisons, Probation,
Parole and the U.S. Attorney (including fines imposed
by Federal District Court) - Ray Mitchell
4. Federal Criminal Law and Procedure - Tom O'Hare
5. Military Justice:
(a) Navy - Neil Broder
(b) Marine Corps - Bruce Heitz
(c) Army - Len Dancheck
(d) Air Force - Barry Robinson
6. Military Cases Pending Appellate Review - Bob Kodak
FORD is 07V839 LIBRARY
7. Immigration Law - Bruce Heitz or Jim Poole
8. Requests for Personal Appearances before PCB - John Lohff
9. Discharge Review Boards - Jim Poole
10. Pardons - Bill Klein
IV-B
Memorandum, Reference - Index
September
1. Explanation of Board's Place in Clemency Program. From: Goodell
To: Silberman, D.O.J.
2. Explanation of Board's Place in Clemency Program (2). From: Goodell
A.) TO: Pepitone-Selective Service B.) To: Hoffman - D.O.D.
3. Ideas of Presidential Clemency
From: Theodore Marrs
To: Bob Finch
4. 30-Day Furlough from Federal Prison.
From: Goodell
5. Don't Bypass Military Courts when Dealing with Deserters
From: Sen. John Tower
To: President
6. Charter for Presidential Clemency Board. From: Goodell
7. Procedures to be Followed for Unconvicted Draft Evaders and Military
Absentees. White House Fact Sheet
8. Executive Orders Re: Function Delegated to Director of Selective
Service and Establishment of Clemency Board.
October
1. Meaning of Priority Treatment Classification. From: Lohff To: Baskir
2. Operation of the Armed Forces Clemency Program. To: Board
From: Major Richard Buek
3. Minutes of Oct. 30, 1974 Board Meeting
4. Files and Records - Types and Access. From: Knisely To: File
5. Proposed System for Oral Presentation of Case Summaries to the
Board. From: Knisely
6. Due Process for Applicants and Communication with the Outside World.
From: Knisely
7. October Briefings - Naval Annex
From: Capt. Euler
To: Gen. Walt
8. Proposed Case Preparation/Recommendation Procedure
From: Capt. Euler
To: PC Board
9. Board's Handling of Case Summaries; Process of Recommendation
by Staff Board.
From: Tropp
To: Baskir
10. Tentative Action Taken by the Board on Oct. 23, 1974.
From: Horn
To: Goodell
11. Tentative Action Taken by the Board on Oct. 24, 1974.
From: Horn
To: Goodell
12. Brief Explanation of Terms, Acronyms, Abbreviations, found in Marine
Corps Applicants Military Files and Case Summary.
From: Capn. John Euler
13. Clemency Board Review of Undesirable Discharges Issued by Armed Forces
After Sept. 16, 1974. From: Lohff
FORD
LIBRARY
- 2 -
October cont'd
14. Consideration of Non-Judicial Punishment as Aggravating or
Mitigating Circumstances. From: Larry Chaney
15. Military Records: Requisite for File Security. From: Capt. Euler
16. Selective Service Violators not Furloughed under PCB. From: Hickman
17. October 22 Status of Applications. From: Horn
18. Correspondence Procedures. From: Mitchell
19. Proposed Organizational Structural Process. From: Capt. Euler
20. Presidential Clemency Board Fact Sheet.
21. Summaries of Military Furlough Cases. From: Baskir
22. Operation of Presidental Clemency Board (Positions, Duties).
From: Goodell
To: John Marsh
23. Summaries of Cases of Individuals on Furlough. From: Mitchell
24. Proposed Administrative Process for Clemency Board. From: Legal Staff
25. Press Release of Oct. 10, 1974 - Inaccuracy. From: Euler and Gordon
26. Proposed Rough of P.C. Board Factors and Guidelines. From: Euler and Gordon
27. Factors Considered by P.C. Board in Recommendations to President on
Individual Cases as Proposed by Rick Tropp. From: Tom O'Hare
28. Fact Sheet Information - Suggested Form. From: Klein
29. Letter to Applicant - Re: Factors to be Considered by the Board.
From: Niedermeier
30. Disclosure Under the Freedom of Information Act of Materials in the
Possession of P.C. Board. From: Hickman
31. Preparation of Initial Summaries of Cases. From: General Counsel
32. Proposed Organization of Clemency Board. From: O'Hare
33. Possible Staff Organization. From: Foote
34. Possible Staff Organization. From: Gordon
35. Advice Given to Qualifying Marine Prisoners Confined at Leavenworth at
Time of President's Proclamation. From: Capt. Eulen
36. Staff Organization. From: Klein
37. Possible Stems for Consideration by Presidential Clemency Board.
From: Euler and Gordon
38. Effect of Presidential Pardon on Persons Sentenced Under the
Federal Youth Corrections Act. From: Niedermeier
39. Pardon Powers and Benefits. From: Traylor, Pardon Attorney
40. Capitol Hill Briefing of Oct. 3, 1974. From: Euler, Tropp, Foote
41. Briefings October 1. From: Euler
42. Eligibility for Veteran's Benefits of Clemency Discharge Holders.
From: Foote
43. Coast Guard and Personnel Eligible for Clemency Programs.
From: Gordon
44. Staff Meeting of October 2, 1974. From: Mitchell
45. Addlestone/Schulz Outline of Discharges. From: Foote
46. Organization and Management of the Clemency Board Staff and Paper
Flow. From: Tropp
47. Proposed Administrative Process for Clemency Board. From: Tropp
- 3 -
October cont'd
48. Guidelines on Categorization of Cases and on Application of Mitigating
and Aggravating Factors. From: Tropp
49. Selective Service Law: Cases and Suggested Criteria. From: Klein
50. Alternatives to Pardon. From: Euler
November
1. Resolution of North Carolina Veterans of Foreign Wars Concerning
Benefits Given to People Who Received Ammesty. From: Tropp
2. Contact with Outside Groups. From: Baskir
3. Outline of Presidential Clemency Program and Rationale Behind it.
From: Goodell To: Frank Harrison, Veterans Coalition
4. Case for Conditional Clemency. From: Goodell To: Cabel Tennis,
Dean, St. Mark's Cathedral
5. Over-View of Military Justice. From: H. Neil Broder
6. Analysis of Tentative Board Decisions. From: Strauss
7. Policy Considerations Affecting the Disciplinary/Administration
Treatment of Deserters/Unauthorized Absentees. From: Broder
8. Presidential Pardon, What is it, and What are its Consequences.
From: Legal Staff
9. Clemency Discharges. From: Strauss
10. Absences Relating to Vietnam Service. From: Chaney To: Baskir
11. List of Organizations that will Provide Employment to Clemency
Applicants. From: Tropp
12. Furloughed Selective Service Violators. From: M. Keenan
13. Legal Propriety of Publically Announcing Clemency Pardons.
From: Baskir
14. Contacts for Possible Research; Passing on Thereof. From: Euler
15. Docket of Civilian Cases, Nov. 6. From: Mitchell
16. Due Process for Applicants and Communication with Outside World.
From: Baskir
17. Position Description of the General Counsel on the PCB - General
18. The Clemency Program: Prognosis and Suggested Organization of
Executive Council. From: Klein
19. Comparison of Case Recommendations. From: Klein
20. Clemency Discharges. From: Strauss
21. Communications and Public Affairs Proposal. From: Vinson To: Goodell
22. Analysis of Tentative Board Decisions Nov. 21. From: Strauss
23. Disclosures of Case Information. From: Strauss
24. Decisions on Final Procedures. From: Baskir
25. Covering Memo to Chief Probation Officers - Nov. 27, Jackson, Goodell
26. Implications of the Certificate of Executive Clemency. From: Knisely
FORD
- 4 -
December
1. Presidential Clemency Board Research Requirements. From: Strauss
2. Information on Clemency Procedures distributed to the Press at
Presidential Acceptance of P.C.B. Recommendations. From: Knisely
3. Public Service Campaign. From: Vinson
4. Options for Military Cases. From: Knisely
5. Clemency for Military Cases. From: Baskir
6. Presidential Pardons and Effect Upon Military Offenses and Discharges.
From: Klein
7. Files of the Draft Allocation Program. From: Knisely
8. Alternate Service Information - General Memo.
9. The Presidential Clemency Program. What is it? How does it Work?
General Information
10. Announcements of Grants of Clemency During Christmas. From: Goodell
11. First Recommendations for Clemency: Persons Convicted of Military
Offenses; Further Recommendations for Selective Service Cases.
From: Goodell
To: President
12. Nature of the Clemency to be Granted Former Servicement From: Goodell
To: President
13. Withheld Cases. From: Strauss
14. Additional Lawyer Referral. From: Knisely
15. Military Awards and Decorations. From: Legal Staff
16. Comments upon and Criticisms of the Proposed Rules and Regulations
of the Presidential Clemency Board. From: Neil Broder
17. Expungement of Felony Conviction. To: Senator Hart
From: Goodell
18. Regulations Issued by the Chairman of the Presidential Clemency Board.
From: O'Hare
19. Some Budget Figures. From: Handwerger
To: Goodell
20. Mail Composition.
From: Handwerger
To: Goodell
21. Blood Donation as a Mitigating Circumstance. From: Goodell
22. Report of the National Advisory Commission on Selective Service -
Feb. 1967. In Pursuit of Equity: "Who Serves When Not All Serve?"
From: C. Friedman
23. Information on Clemency Procedures distributed to Press at Presidential
Acceptance of P.C.B. Recommendations. From: Knisely
24. Ready Reference on Military Abbreviations and Acronyms. From: Legal Staff
25. Effect of Pardon on Dishonorable Discharge. From: Klein
26. Expungement of Records: Dilemma and Resolution. From: Klein
27. Consultants for the Clemency Board. From: Charles Mott
- 5 -
January
1. Personal Appearance of Applicant Before the Board. From: Hansen
2. Answers to Questions Regarding Various Aspects of Clemency.
From: Goodell
To: Strom Thurmond
3. The Impact of the Presidential Clemency Board's Public Information
Campaign. From: Vinson
To: Marder
4. Presidential Decisions - December 28, 1974.
5. Comments on Clemency Deadline Extension Memorandum to President
From: Tropp
To: Jones
6. Elimination of Workers Defense League as Lawyer - - Referral Service.
From: Lohff
7. Meeting between Baskir and Cap'n "Dusty" Miller, Conducted on Jan 16,1975
at Room 3E-966, the Pentagon. From: Poole
8. Clemency Counselling Service in Indiana. From: O'Hare
9. Fairness Doctrine and our TV Spots. From: Tropp
10. Inmates Eligible for Clemency. From: Goodell
11. Extension of Jan. 31 Deadline for Applications to the P.C.B.
From: Goodell
To: Ford
12. Unemployed Persons Eligible for Clemency. From: Goodell
13. Four Person Panels - Legality and Advisability. From: O'Hare
14. The Confidentiality of Selective Service Files: From: Poole
15. Upgrading the Discharges of Ex-Servicement to Whom You Grant Clemency.
From: Goodell
To: President
16. Correspondence and other Communications. From: Handwerger To: Baskir
17. Baseline for Servicemen with Undesirable Discharges. From: Strauss
18. Length of Alternate Service for Applicants with Undesirable Discharges.
From: Hickman
19. Seattle Survey of Eligible Ex-Servicemen. From: Strauss
February
1. Memo dated Feb. 19, 1975, Concerning Case Summary Form for Undesirable
Discharge. From: O'Hare To: Hansen, Horn, Baskir
2. Three Decisions on Your Clemency Program: 1) Military discharges
"under honorable conditions. 2) AWOL offenses should not be part of
record if applicant receives clemency. 3) Extend deadline for two
months. From: Goodell
To: President
3. Reasons for Upgrading Viet-Nam Discharges and Adding Benefits.
FORD
To: President
From: Walt, Dougovito, Maye
4. Clemency Board Funding Estimates. From: Goodell To: President
GERALD
5. Proposed Changes in Procedures to Expedite Clemency Board Processing
of Applications (Bare Bones II). From: Horn
6. Clemency Board Budget Problems. From: Horn
7. Staff Requirements for the Presidential Clemency Board. From: Goodell
8. Presidential Clemency Board Inaction on Requests for Personal Appearances.
From: Neil Broder, J. Lohff
- 6 -
February cont'd
9. Informational Letter to Senator Philip Hart from Charles Goodell Containing
Various Pertinent Bits of Information on Board and Its Operation.
10. Scope of Quality Control Activities for Initial Summaries. From: Hansen
11. Format for Shorter Summary and Recommendation for Possible New Full-Time
Board. From: MacQueeney
12.. "Bare Bones" PCB Summary Proposed by Charles Craig. From: O'Hare
13. Action on PCB Recommendation to Grant Upgraded Discharges to Five
Special Clemency Cases. From: Goodell
14. Resource Requirements for the Clemency Board. From: Baskir
15. Draft Evaders on the Justice Dept. Final List. From: Baskir
16. Use of Board Funds for Public Service Campaign. From: Horn
17. Paper on Background Information Sent to Edward Kennedy Re: Truman's
Past WW II Amnesty Board.
18. Figures as of COB, January 31, 1975. From: Handwerger To: Staff
19. Outline of Sealing Issues. From: Strauss
To: Tropp, Baskir
20. Scope of Quality Control Activities for Initial Summaries.
From: Hansen
To: Baskir
21. Sealing the Records of Persons Granted Clemency.
From: Strauss
To: Tropp, Baskir
22. Case Notes.
From: Klein
To: Baskir
23. Eligibility of Inmate Applicants. From: Strauss To: Baskir, Tropp
24. Expediting the Announcement of Dispositions of Decided Cases.
From: Craig
To: PCB
25. Success Rates for Military Discharge Review Boards.
From: Strauss
To: Goodell
26. Three Decisions on Your Clemency Program.
From: Goodell
To: President
LAWYER REFERRAL SERVICES
New York County Lawyers Association
14 Vesey Street
New York, New York 10007
212/267-6646
For persons with oustanding AWOL offenses:
Clemency Information Center
1100 West 42nd Street
Indianapolis, Indiana 46208
317/635-8259 (accepts all collect calls)
For California and neighboring states:
Los Angeles County Bar Association Clemency Committee
606 S. Olive
Los Angeles, California 90014
213/624-8571
For Arizona and the Southwest states:
Martori, Meyer, Hendricks, and Victor
Attn: Larry Hammond
26th Floor
3003 N. Central Avenue
Phoenix, Arizona 85012
602/263-8287
OR YOUR LOCAL PUBLIC DEFENDER SERVICE OR LEGAL AID SOCIETY
*
%
*
*
*
The Pardon Attorney's address: Pardon Attorney, Lawrence Traylor,
Department of Justice, Washington, D. C. 20530
Current telephone number of Ft. Benjamin Harrison:
317/542-3417, and telephone number for ACLU office of
Ft. Benjamin Harrisch: 317/635-8259.
FORD is LIBRARY
REFERRAL LIST for Upgrading Discharges
Commanding Officer
U.S. Army Admin. Center
The Adjutant General's Office
9700 Page Blvd.
St. Louis, Missouri 63132
*
Army Discharge Review Board
Room IE 479, The Pentagon
Washington, D. C. 20310
OX 5-4682
Statute of Limitations: 15 years from date of discharge
Army Board for Corrections of Military Records
Room 1E 512, The Pentagon
Washington, D. C. 20310
OX 7-4254
Statute of Limitations: 3 years within discovery of
error or injustice--exceptions
*
Air Force Discharge Review Board
allowed with justification
Commonwealth Building
1300 Wilson Blvd., Room 903
Arlington, Virginia 22209
OX 4-5249
Statute of Limitations: 15 years from date of discharge
Air Force Board for the Correction
of Military Records
Room 5C 860, The Pentagon
Washington, D. C. 20330
OX 5-2359
Statute of Limitations:
3 years within discovery of
error or injustice--exceptions
*
Navy Discharge Review Board
allowed with-justification
Navy Department, Arlington Annex
Room G711
Washington, D.C. 20370
ox 4-1648
Statute of Limitations: 15 years from date of discharge
Board for Correction of Naval Records
Department of Navy, Arlington Annex
Washington, D. C. 20370
Statute of Limitations: 3 years within discovery of
*
error or injustice--exceptions
Coast Guard
allowed with justification
Boards of Review of Discharges & Dismissals
Coast Guard Headquarters
Washington, D. C. 20590
426-1317
Statute of Limitations: 15 years from date of discharge
*
Applicants should apply to the Discharge Review Board first. If the appli-
cant wants to appeal his decision, he can take his case to the Board for
Corrections. After 15 years, all cases should go directly to the Board for
Corrections.
This address also applies to Marines.