Ask the Scholar

Document scope · 1 page
doc
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory. For page-specific OCR and visual context, open one of the page chats.

Scholar Source Context

Document identity
localId
1506031
label
Referrals to Full Board
core
doc
dtoType
document
pageCount
1
Source metadata
id
1506031
contentType
document
title
Referrals to Full Board
collections
Charles E. Goodell Papers
Presidential Clemency Board Subject Files
subjects
Amnesty
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1506031
coverageEndDate
logicalDate
1975-08-31
month
8
year
1975
coverageStartDate
logicalDate
1975-07-01
month
7
year
1975
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
3fe9a35fadb8e0d4
ocrText
The original documents are located in Box 9, folder "Referrals to Full Board" 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 Charles Goodell donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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 9 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library 19 FB Lrr 7/17 3 PRELIMINARY POST-AUDIT CHECKLIST FB of Cob Case Number 1664 Flagged Auditor tgs PME Review Computer 1. Board decision a. too severe b. too lenient C. Correct 2. Summary a. Inclusion of Unadjudicated offense (s) b. Incorrect inclusion of NJP, SCM C. Inclusion of non-felony civil offense(s) d. Prejudicial hearsay material e. f. 3. Board misapplication of aggravating/mitigating factors a. Omission of factor (s) 1) Aggravating 2) Mitigating b. Misapplication of factor (s) FORD 1) Aggravating & 0 2) Mitigating GERALD BALD 4. Incorrect result in light of combination of factors a. Aggravating 5,8 b. Mitigating 3 5. Comments Illness was apparent reason foran No reason for denial of clemency. ANOL - mit 3 was awarded Summary is very limited should get hasiline- B.L.3 A5,8M3 No Clemency 5/22/75 PRESIDENTIAL CLEMENCY BOARD Case Summary PCB Attorney: Brackett Case No.: 75-1664-KDC-M Telephone: (202) 456-2865 Branch of Service: Army Summary Completed: 15 Apr 75 Age: 25 Total Time Served: none Present Status: Civilian Discharge Status: Undesirable Date of Application: 16 Jan 75 Discharge in lieu of court-martial Offenses: 3 Sep 70 AWOL 4 Sep 70 AWOL 4 Sep 70 Failure to obey NCO 4 Sep 70 Failure to obey NCO 4 Sep 70 Breaking restriction Total Time AWOL: 2 days Total Creditable Service: 4 mos., 25 days Background: The applicant, born in Massachusetts, is 25 years old, Caucasian and single. He is the third of six children raised in a stable family. He is a high school graduate. His GT score is 110 and AFQT measures 90 (Group II). There is no prior criminal record. Circumstances of Offense: The applicant was given NJP on 27 Aug 70 for having missed guard mount on 23 Aug 70. A part of the punishment awarded was 14 days restriction (effective 27 Aug 70) and extra duty for two hours a day for 14 days, to be assigned by the first Sergeant. The applicant was ordered to report for K.P. on 3 and 4 Sep 70. He went AWOL those days and, thereby, disobeyed the orders of his NCO's. The applicant's claims as to illness and personal reasons for going AWOL appear to relate to the AWOL of 10 Jul 70 - 15 Jul 70. His Medical File indicates he was admitted with a temperature but released to duty after receiving medicine. Chronology: 18 Nov 49 Date of birth 4 Jun 70 Date of enlistment as PV 1 FORDO i GERALD LIBRARY 10 Jul 70 - 15 Jul 70 AWOL 20 Jul 70 NJP 25 Jul 70 Failure to repair 27 Jul 70 NJP 23 Aug 70 Missed Cuard Mount - 2 - Case No. 75-1664-KDC-M Chronology cont. : 27 Aug 70 NJP 3 Sep 70 AWOL 4 Sep 70 AWOL 4 Sep 70 Failure to obey NCO 4 Sep 70 Failure to obey NCO 4 Sep 70 Broke restriction 28 Oct 70 Discharged Total time AWOL, all offenses: 8 days Awards and Decorations: National Defense Service Medal Vietnam Service: None Prior Military Offenses: 20 Jul 70 NJP UA (AWOL) 10 Jul 70 - 15 Jul 70. Partial forfeiture and restrictions with extra duty. 27 Jul 70 NJP Failure to repair 25 Jul 70 and did not return until 26 Jul 70. Partial forfeiture and restrictions with extra duty. 27 Aug 70 NJP Missing guard mount 23 Aug 70. Partial forfeiture and restrictions with extra duty. Sources: Military Personnel File Application for clemency Letter attached to application FB LOIB 2 PRELIMINARY POST-AUDIT CHECKLIST Case Number 1773 Flagged Auditor tgs PME Review Computer 1. Board decision a. too severe b. too lenient C. Correct 2. Summary a. Inclusion of Unadjudicated offense (s) b. Incorrect inclusion of NJP, SCM C. Inclusion of non-felony civil offense (s) d. Prejudicial hearsay material e. f. 3. Board misapplication of aggravating/mitigating factors a. Omission of factor (s) 1) Aggravating 2) Mitigating b. Misapplication of factor (s) 1) Aggravating 2) Mitigating 4. Incorrect result in light of combination of factors a. Aggravating (2),5 b. Mitigating 3,11 5. Comments Agg#2 #2 appears to be incorrectly marked- AA states that Board never applied without it, 24 nos. see ms Agree LNB 7/13 2 BL3 3 Fule,Room A. 2,5 m 3, PRESIDENTIAL CLEMENCY BOARD CASE SUMMARY 24 mos. PCB Attorney: Edwards Case No.: 1773-BCH-C Telephone: (202) 456-2110 4-4378 Age: 22 Summary Completed: 14 Apr 75 Present Status: On probation Current Sentence: 3 years probation Date of Application: 11 Jan 7,5 (contempt suspended) Court: USDC Western Dist. of Missouri Total Time Served: None, but has completed 5 months probation Offense: Failure to submit to induction Evidence of mangulative high Background: 74 50 Applicant is 22 years old, born in Baltimore, Maryland 22 Nov 52, and reared in Kansas City, Missouri since pre-school childhood, in an apparently normal family life. He graduated from high school in 71 with average grades. He discontinued junior college after one semester because he was tired of going to school. He received psychotherspy for emotional problems diagnosed as a personality disorder. Circumstances of the Offense: Applicant was classified I-A by local draft board and ordered to report for physical 7 Aug 72. He did not report. Ordered again to report on 22 Oct 72, he refused to submit to induction. He had cited psychiatric problems and drug usage as reasons for not reporting for induction. Army physicians did not find any psychiatric illness, and applicant later dis- claimed serious problems with drugs or psychistric illness. He was indic- ted 8 Feb 73. Following a number of court appearances, he changed his plea to guilty on 14 Sept 73 and was continued on bond pending presentence report. On 7 Dec 73, he was ordered by the court to be committed to the Federal Correctional Institution at Englewood, Colorado for observation, and directed to report personally. The Court entered an order 4 Jan 74 for the applicant to surrender himself at the Center on 9 Jan 74. Instead, the applicant left for Canada with his wife on 5 Jan 74. The Court revoked bail, and issued a warrant for arrest on 28 Jan 74. Meanwhile, the applicant sought and found employment in Calgary, Alberta. Attempts to qualify as a landed immigrant under Canadian law were not fruitful, and the applicant was finally advised to leave Canada within ten days to avoid deportation. Moving to Vancouver, applicant assumed a new name and again obtained employment. After the President's Proclemation, applicant returned to the U.S. on 12 Oct 74. Applicant secured counsel and returned --2- Case No. : 1773-BCH-C himself to the custody of the USDC in Kansas City, Missouri. On 22 Nov 70 the Court placed the applicant on three years probation, secured employment as an insurance salesman, rented a house, and reported regularly to his probationer. Chronology: 22 Nov 52 Date of birth 7 Aug 72 Ordered to report for physical 22 Oct 72 Refused to submit to induction 8 Feb 73 Indicted 14 Sept 73 Pleaded guilty, and put on bond 7 Dec 73 Committed to Federal Correctional Institute 4 Jan 74 Ordered to report to Federal Correc- tional Institute on 9 Jan 74 5 Jan 74 Left for Canada 12 Oct 74 Returned to U.S. 12 Nov 74 Placed on probation for 3 years 17 Jan 75 PCB application Sources: Application and attorney's addendum Letter from Probation Officer FB LRR 2 FBGG (or PRELIMINARY POST-AUDIT CHECKLIST Case Number 1810 Flagged Auditor tgs PME Review Computer 1. Board decision a. too severe b. too lenient C. Correct 2. Summary a. Inclusion of Unadjudicated offense(s) b. Incorrect inclusion of NJP, SCM C. Inclusion of non-felony civil offense (s) d. Prejudicial hearsay material e. f. 3. Board misapplication of aggravating/mitigating factors a. Omission of factor (s) 1) Aggravating 2) Mitigating b. Misapplication of factor (s) 1) Aggravating 2) Mitigating 4. Incorrect result in light of combination of factors a. Aggravating None b. Mitigating 4,10,11 5. Comments should be automatic pardon instead of 6 mos A/S no A Apparent 10. Rose 3, better parker. 1MB 7/13 A-Nonem BL PRESIDENTIAL CLEMENCY BOARD / Case Summary PCB Attorney: Edwards Case No. 1810-CGW-C Telephone No. (202) 456-2110 Age: 27 Summary Completed: 16 Apr 75 Date of Application: 20 Jan 75 Current Sentence: 2 yrs. Present Status: Probation Probation and alternative service Court: U.S.D.C. Dist. of S.C. Total Time Served: 8 mos. alternate service P w/ no Ag and probation Offense: Refusal to submit to ind pction M10- case @.O. er Background: Applicant is a twenty-seven year old white, married male. He was born 7 Apr 48 in South Carolina and was reared on a farm in Lexington County. His late father (died 2 Nov 71) was a local native, college graduate, and owned and operated a dairy farm on which the applicant grew up. His mother is employed in a department store. The applicant married a college graduate in Aug 71. The couple is child- less and rents a small apartment in a college town where the applicnat attended the university. Applicant studied mechanical engineering from Jul 66 to May 71, discontinuing study because of academic insufficiency. Prior to college, the applicant was a regular communicant in the Protestant Church, and his pastor continues to regard him well. The applicant has a good employment record as an engineering technician in the offices of a large. electric utility Company. Circumstances of Offense: The applicant was tried for refusal to submit to induction. He is known to have a sincere respect for life. Found guilty, he was sentenced to two years confinement. The case was appealed and denied, and a petition for rehearing denied. A writ of certiorari was denied by the Supreme Court, and a petition was filed for re- duction of sentence and stay of service of that sentence. The District Court reduced the sentence to two years probation with two years alternative service under supervision. Alternative service has run eight months in the engineering department of a local general hospital. (Selective Service System, file in this case, has been destroyed) Chronology: 7 Apr 48 Date of Birth 28 Aug 71 Married 15 Nov 71 Refusal to Submit for induction 21 Nov 72 Convicted 4 Dec 72 Sentenced 12 Sep 73 4th Circuit Court of Appeals affirms conviction 20 Dec 73 Petition for rehearing denied 10 Jun 74 Writ of certiorari denied by Supreme Court 26 Jul 74 Sentence reduced 12 Aug 74 Alternate service and probation commenced 20 Jan 75 PCB Application Sources: Presentence Report 2 Case No. 1810-CGW-C Probation Record Letters Application R. FORD DOUBLE DISPOSITION CASES #7021 This case was given six months on July 1 and flagging action was initiated. The records concerning this action are presently in Senator Goodell's office and have not yet been returned. I presume that the flagging action was legitimate on the basis of agg/mit factors given at the initial panel, but cannot ascertain who initiated it without the record. The case was re-heard on July 22 and given three months. #586 This case was originally heard by Panel A on March 26 and awarded a pardon. Additional correspondence was received from the applicant, and in a memo dated March 28, John Foote suggested that it be re-heard since: 1) it had been unripe when heard originally, and 2) the applicant was entitled to a chance for an upgrade. Accordingly, the case was re-docketed and re-heard on May 25 by Panel G. At that time a pardon was again awarded. #664 This case was heard by Panel B on April 4 (and given six months, I believe) and it was decided to refer it to the full Board. The full Board heard the case on May 23 and decided on six months. #3032 This is a very strange case. It was initially presented to Panel A by Mr. Crumlish of the Kodak team on May 8 and received twelve months. It was again presented by Mr. Crumlish on the basis of the same summary to Panel T on June 4 and tabled for more information. It was presented a third time, again by Mr. Crumlish, and again with the same summary. It received six months from Panel L on June 20. I have spoken to Mr. Kodak who had the case file in his possession. Not only was he unable to account for the multiple presentations (the team file shows only the presentations of May 8 and June 20), but he indicated that annotations in the case filed showed another presentation, this time to the full Board, where Chairman Goodell indicated that we had no jurisdiction. This was August 13. I have care- fully checked both the decision sheets and the dockets of the August 13 Board meeting and find no record of this case being heard or presented. Two problems, therefore, are in need of resolution; i.e., which is determinative of a presentation, the records of the scribe shop from whence come entries in the Master Log and docketing logs, or the records of the attorneys involved. If it is the former, which disposition is determin- ative. Although there was no reason given for the May 8 presen- tation, the case was tabled for additional information. Presum- ably additional information was obtained. On that basis a six-month recommendation was made. We must thus determine Double Disposition Cases 2. whether to accept the June 20 outcome on the basis of additional information, or the May 8 outcome on the basis of no reason being furnished for the second presentation June 4. On the twelfth list we recommended six months to the President. It also has not come back so it can be re-submitted. #1175 A pardon was awarded on March 7 by Panel A and the case was re-heard on May 9 with three months being awarded. We can find no basis for the re-hearing, but the applicant has already been notified he has a pardon. #1176 This was heard by Panel A on March 7, and a pardon was given. On May 9 it was given to Panel B and awarded three months. I note that a letter was received from the applicant on April 1, but it did not contain any information of sufficient note to warrant a second presentation. The applicant has been informed he received a pardon. #1177 It was presented to Panel B on March 7 and awarded a pardon with upgrade. It was presented again on May 9 to Panel B, and a pardon only was recommended. Nothing in the file accounts for the duplicate presentation. N.B. These cases, as you can see, are in sequential order. They were all heard the first time on March 7 and the second time on May 9. They were all on Dancheck's team. I think it is clear that Dancheck's team simply re-cycled them inadvertently. #5958 It was presented initially to Panel J on June 11 and received six months. It was presented again to Panel B on August 1 and given three months. #4208 Double Disposition Cases 3. #1761 It was originally presented to Panel T on August 26 and given a pardon. It was re-presented to Panel S two days later and given three months. From the short interval, it is obvious that normal re-docketing procedures could not have been adhered to, and it is likely that this duplicate presentation resulted from docketing error. Indeed, it may be possible that one of the presentations could have been from a different case which was mis-numbered. Will explore further. 41st case - #2738. Initial presentation was made on July 3 by Wince with summary prepared May 24. No copy of this case summary is in file. Then the case came into the hands of Switek (how and why no one knows), who prepared a summary on July 29, and having no indication of a prior presentation, re-presented the case on August 8. In each case the disposition was six months. HALD OFFB or Case# 10459 Missing Leve BERALD R. FORD 4 FB FB unh 3 PRELIMINARY POST-AUDIT CHECKLIST Case Number 10374 Flagged Auditor Tgo PME Review Computer 1. Board decision a. too severe b. too lenient c. Correct 2. Summary a. Inclusion of Unadjudicated offense (s) b. Incorrect inclusion of NJP, SCM C. Inclusion cf non-felony civil offense(s) d. Prejudicial hearsay material e. f. 3. Board misapplication of aggravating/mitigating factors a. Omission of factor (s) GERALD Ford 1) Aggravating 2) Mitigating b. Misapplication of factor (s) 1) Aggravating 7 - no serious violation of 2) Mitigating occurred probation 4. Incorrect result in light of combination of factors a. Aggravating 5;(7) b. Mitigating None 5. Comments this case (a civilian case) sence No climency seems too severe in Agg # 5 is the only factor. Your LAB Agree 7/17 SPECIAL DOCKET DISPOSITION FORM Case Number 10374-CRL-C Action Attorney W. Piczak Telephone 634-4385 Date of Board Panel Disposition JUNE 20 Board Members Present WALT, VINSON, FORD, CARTER Panel Counsel WM. KLEIN Case referred to special docket by: Action attorney P.. FORD Applicant GERALD Panel Counsel Board Member Planning, Management & Evaluation Staff Seott PARTRIDGE other ASST. TEAM LEADER Baseline recommended by Board panel: No CLEMENCY Aggravating factors cited by Board panel: (5), (7) Mitigating factors cited by Board panel; None Reason for Special Docketing: No CLEMENCY DECISIONS IN CIVILIAN CASES ARE RARE AND, FOR THE MOST PART, HAVE BEEN GIVEN IN INSTANCES WHERE THE APPLICANT Recommendation: HAS COMMITTED OTHER SERIOUS OFFENSES, E.G. MURDER. INTHS CASE THERE ARE NO OTHER CONVICTIONS. THE APPLICANT HAS NOT ADJUSTED WELL DURING PROBATION BUT HE-14-HAS NOT BEEN A VIOLATOR OF PROBATION. THUS, AGFACTOR. # (7) SHOULD NOT BE CHECKED. THE JUDOMENT IN THIS CASE is TOO HARSH. PRESIDENTIAL CLEMENCY BOARD CASE SUMMARY PCB Attorney: Walter A. Piczak Case No. : 10374-CRL-C Telephone: (202) 634-4379/4384 Age: 22 Summary Completed: 27 May 75 Date of Application: 15 Feb 75 Current Sentence: Remanded Present Status: On probation custody Attorney General for period of 2 years, serve 30 days in an institution - balance of sentence suspended and probation for 2 years (Youth Corrections Act) Court: USDC, N. Dist., Ind. Sentence no Total Time Served: 30 days, county jail; 1 year, 2 months of so FORD probation Offense: Failure to report for GERALD induction Background: The applicant is 22 years old, white, married and born in Indiana on 2 Jul 52. He has two older sisters and one brother younger than he. His father is employed as a truck driver. He graduated from high school in 1971, and according to his mother made a satisfactory school adjustment. The applicant married in June 1972 and is the father of a one-year old child. The applicant's mother states that the reason he didn't want to go in the service was because his wife needed him and he wanted to be with her. His wife verifies that he didn't want to go in the service. There are no IQ scores available on the applicant. After graduation from high school, the applicant worked at various jobs for short periods of time. It appears that he either quit or was terminated in each of them. For six months prior to July 73, the applicant worked at a used car lot which went out of business because the owner was deeply in debt. In July 73, the applicant went into the used car business on his own and operated the business for six months. Circumstances of Offense: On 3 Aug 71, the applicant was declared I-A by his local Board. On 16 Jun 72, he passed the pre-induction physical examination. The applicant wrote to the local Board on 19 Sep 72 asking for a postponement from induction because the Board failed to take into consideration the effects of an accident he had been in and that for physical reasons he should have been found unacceptable for military service. He did not submit a physician's statement. The applicant was ordered to report for induction on 22 Sep 72. On that date, the local Board received a letter from the applicant stating that he would not report for induction because the Induction Center had ignored the report from his doctor stating that he was not physically fit. He claimed that he sustained a ruptured kidney in an automobile accident two or three years ago which resulted in a chronic condition. In addition, he advised the local Board that he has a child and that this should change his draft status. His family doctor confirms that the applicant was in a car accident and had suffered a cebral concussion and a possible renal contusion. A colleague of the family doctor saw the -2- Case No. 10374-CRL-C applicant on 12 Aug 70 and again in May 72, and gave the applicant a note to the effect that his kidney had healed satisfactorily. He never returned for further consultation with his doctors. At an interview with the U.S. Probation Officer, the applicant admitted he did not want to go in the service because he was recently married and his wife was pregnant. He further stated that he did not think he would be suited for service life. Upon the failure of the applicant to submit for induction on 22 Sep 72, Federal authorities took him into custody on 26 Sep 73. On 27 Nov 73, the applicant was tried and was found guilty for failure to submit to induction. On 7 Feb 74, the District Court for the N.D. of Indiana, pursuant to the Youth Corrections Act, ordered the applicant committed to the custody of the Attorney General for a period of 2 years, with the provision that after he served 30 days in a jail-type institution the execution of the balance of the sentence would be suspended, and he would be placed on probation for 2 years. A report dated 12. May 75 from the U.S. Probation Officer concerning the applicant's probationary status reveals that so far his adjustment has been poor in the sense that he has shown no real initiative and has been out of work most of the time, letting his wife support him. Chronology: 7 Jul 52 Date of Birth 1971 Graduated from high school 3 Aug 71 Declared I-A by local Board June 72 Married 16 Jun 72 Passed pre-induction physical 19 Sep 72 Request for postponement of induction 22 Sep 72 Ordered to report for induction 22 Sep 72 Letter to local Board applicant would not report for induction 26 Sep 72 Taken into custody by Federal authorities 27 Nov 73 Convicted 7 Feb 74 Sentenced 15 Feb 75 PCB Application Sources: Presentence Report Letters SUMMARY OF DECISION: EFFECTIVE APRIL 8, 1975 PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D. C. 20500 Calculation of Baseline for Alternative Service: Starting Point 24 Months Less Three Times 1 Months in Prison - 3 Months Less Alternative Service Performed if Period Satisfactorily Completed - Months Less Time Served on Probation or Parole if Period Satisfactorily Completed - 14 Months BASELINE J Months Judge's Sentence to Imprisonment as Reduced by Competent Authority, which is the Baseline if Less Than the Above Figure 1 Months Minimum Baseline 3 Months Final Baseline for Determining the Period of Alternative Service 3 Months Aggravating Factors: (1). Other adult convictions (2). False statement by applicant to the Presidential Clemency Board (3). Use of force by applicant collaterally to AWOL, desertion, or missing movement or civilian draft evasion offense (4). Desertion during combat (5). S Evidence that applicant committed 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). AWOL/UA of extended length (10). Failure to report for overseas assignment None of the above Mitigating Factors: (1). Lack of sufficient education or ability to understand obligations or remedies available under the law (2). Personal and immediate family problems (3). Mental or physical condition (4). Employment and other activities of service to the public (5). Service-connected disability (6). Extended 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 an applicant acted for conscientious, not manipulative or selfish reasons (11). Voluntary submission to authorities by applicant (12). Behavior which reflects mental stress caused by combat (13). Volunteering for combat, or exténsion of service while in combat (14). Above average military conduct and proficiency or unit citations (15). Personal decorations for valor (16). Wounds in combat X None of the above Based on these factors, the Board's decision is that the month baseline should be Therefore, a pardon will be granted after performance of No CLEMENCY months of alternative service. 10374 Walt Piczak Case Number Staff Attorney P FB FB LMB 7/17 FB CA 106 3 PRELIMINARY POST-AUDIT CHECKLIST Case Number 3066 Flagged Auditor Manus PME Review Computer 1. Board decision a. too severe b. too lenient C. Correct 2. Summary a. Inclusion of Unadjudicated offense (s) b. Incorrect inclusion of NJP, SCM C. Inclusion of non-felony civil offense d. Prejudicial hearsay material # 8 never gmit. in service e. f. 3. Board misapplication of aggravating/mitigating factors a. Omission of factor (s) 1) Aggravating 2) Mitigating b. Misapplication of factor (s) FORD & GERALD LIBRARY 1) Aggravating 2) Mitigating 4. Incorrect result in light of combination of factors a. Aggravating b. Mitigating 5. Comments Decision: 6mos A/S : Ag 1,5,8,9; rit 1, 6 probably week) / AFQT 10 ( lowest cat I). Panda indicated Lowest 1Q. 2 Weak ag J under current guidelines Therefore econsiduation warranted Reter to sharry for Project 100,000 and treatment 5 sewices. SPECIAL DOCKET DISPOSITION FORM Case Number 3066-SCN-M Action Attorney O' HARE Telephone Date of Board Panel Disposition 4 June 75 Board Members Present O'Connar, Craig, Vinson, Riggs Panel Counsel Lohfd Case referred to special docket by: A Action attorney Applicant Panel Counsel Board Member Planning, Management & Evaluation Staff other Baseline recommended by Board panel: 3 6 mos. A/S Aggravating factors cited by Board panel: 1,5,8,9 Mitigating factors cited by Board panel; 1,6 Reason for Special Docketing: AFQT of 10 should never have been in military. Recommendation: -14- f3 THE PRESIDENTIAL CLEMENCY BOARD CASE SUMMARY LB Attorney: Thomas O'Hare Case Number: 3066-SCN-M Telephone Number: (202) 456-2110 Branch of Service: Army Summary Completed: 28 Apr 75 Age: 27 Discharge Status: Undesirable Discharge Present Status: Civilian for reason of unfitness Date of Application: 28 Jan 75 Offense: Frequent Involvement with Military Authorities Total Creditable Service: 9 months, 19 days Background This white male applicant was born in Virginia on March 20, 1948. He was raised in and now lives in Virginia. He is the oldest of five children. He has corpleted eight grades of school. He enlisted in the Army on February 6, 1968 for 2 years. His AFQT score is 10 (Category IV) and his GT score is 64. He completed his AIT at Ft. Dix, New Jersey. The highest rank he achieved was E-2. He received two excellent conduct/efficiency ratings while in training. Circunstances of Offense Applicant was given an Undesirable Discharge for unfitness because of frequent involvement with military authorities. Applicant had several AWOL's for which he received one Article 15 and two Special Court-Martials. The Commanding Officer of the U.S. Arny Engineer Center Brigade at Ft. Belvoir, Virginia, und that the applicant " has repeatedly shown a complete lack of interest becoming a satisfactory soldier and his conduct indicates that he will never serve an usefull purpose while in the service. He will continue to be a disciplinary problem, adversely affecting the military mission. " The applicant waived his right to counsel and an administrative hearing and was discharged January 26, 1970. Vietnam Service None Chronology 20 Mar 48 Date of Birth 63 Left school 6 Feb 68 Date of Enlistment 3 Mar 68 - 11 Mar 68 AWOL 12 Mar 68 NJF 10 Jul 68 - 10 Jan 69 AWOL 5 Feb 69 Special Court-Martial 16 May 69 - 20 May 69 AWOL 29 May 69 - 22 Jul 69 AWOL 7 Aug 69 Special Court-Martial 26 Jan 70 Date of Discharge 28 Jan 75 PCB Application -2- Case Number: 3066-SCN-M "wards and Decorations utional Defense Service Medal Military Offense 12 Mar 1968 Non-Judicial Punishment, AWOL: 3 March 68 to 11 March 68. Partial Forfeiture. 7 Aug 1969 Special Court-Martial, AWOL: Spec. 1 16 May 69 to 20 May 69 29 May 69 to 22 Jul 69 Sentence: 4 months hard labor and forfeiture of $75 per month for 4. months; CA approval 28 Aug 69. 5 Feb 1969 Special Court-Martial, AWOL: 10 Jul 68 to 10 Jan 69. Sentence: Reduced to E-1 from E-2. Confined at 3 months hard labor and forfeiture of $73 per month for 3 months. CA approval 11 Feb 69. 28 Feb 69 - Remaining confinement suspended; 2 Apr 69 - Suspension vacated. 8 months, 9 days total time absent without authority in these offenses 7 months, 11 days total time in confinement for these offenses Sources litary Files and Folders ¿B Application PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D. C. 20500 Calculation of Baseline for Alternative Service: Starting Point 24 Months Less Three Times Months in Prison Months Less Alternative Service Performed if Period Satisfactorily Completed Months Less Time Served on Probation or Parole if Period Satisfactorily Completed Months BASELINE Months Judge's Sentence to Imprisonment as Reduced by Competent Authority, which is the Bascline if Less Than the Above Figure Months Minimum Baseline 3 Months Final Baseline for Determining the Period of Alternative Service Months Aggravating Factors: 1). Other adult felony convictions 2). False statement by applicant to the Presidential Clemency Board 3). Use of force by applicant collaterally to AWOL, desertion, or missing movement or civilian draft evasion offense 4). Desertion during combat 5). Evidence that applicant committed offense for obviously manipulative and selfish reasons 6). Prior refusal to fulfill court ordered alternative service 7). Violation of probation or parole 8). Multiple AWOL/UA offenses 9). AWOL/UA of extended length 10). Failure to report for overseas assignment 11). Non AWOL offenses contributing to an undesirable discharge 12). Apprehension by authorities Mitigating Factors: 1). Lack of sufficient education or ability to understand obligations or remedies available under the law 2). Personal and immediate family problems 3). Mental or physical condition 4). Employment and other activities of service to the public 5). Service-connected disability 6). Extended 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 or other claim for selective service exemption or deferment on procedural, technical, or improper grounds 10). Evidence that an applicant acted for conscientious, not manipulative or selfish reasons 11). Voluntary submission to authorities by applicant 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 or unit citations 15). Personal decorations for valor 6). Wounds in combat Based on these facturs, the Board's decision is that the month baseline should be Therefore, a pardon will be granted fter performance of months of alternative service. ase Number Staff Reviewer Not X FB LAB 3 FB of of LEG PRELIMINARY POST-AUDIT CHECKLIST Case Number 3014 Flagged Auditor tgp PME Review Computer 1. Board decision a. too severe b. too lenient c. Correct 2. Summary a. Inclusion of Unadjudicated offense b. Incorrect inclusion of NJP, SCM C. Inclusion of non-felony civil offense(s) d. Prejudicial hearsay material e. f. 3. Board misapplication of aggravating/mitigating factors a. Omission of factor (s) 1) Aggravating 2) Mitigating b. Misapplication of factor (s) 1) Aggravating 4 - noevidence of AWOL while in Vietram 2) Mitigating 4. Incorrect result in light of combination of factors a. Aggravating 1,(4), 8 b. Mitigating 1,6,7,14 FORD & LIBRARY 5. Comments Board. may have been misled into by phrasing in summary ince believing Vietnam. applicant His Vietnam was service AWOL was from in 30 Apr 67 to 6 Jun 67 and his AWOLS were earlier in April and after his Vietnam service. No Clemency is a bit harsh, especially considering his low AFPT Agree VAR 7/17 Agg 5/8/75 148 mit 1,6, 7,14 Bodon 3 PRESIDENTIAL CLEMENCY BOARD Noclemency CASE SUMMARY PCB Attorney: Simon Case No.: 3014-₩JW-M Telephone No.: (202) 634-4622 Branch of Service: Army Summary Completed: 17 Apr 75 Age: 25 Discharge Status: Undesirable Discharge Present Status: Discharged for reason of unfitness Date of Application: 27 Jan 75 Offenses: Frequent involvement Total Creditable Service: 1 4 months, 29 days year, 5mia, Background: Applicant was born in Detroit, Michigan, on 7 Sep 49, to an intact family. He is the third of five children. He completed three years of high school. Prior to his enlistment, he worked as an inventory clerk. He enlisted in the Army for a three year period on 8 Sep 66. His GT is 94 his AFQT is 20 (Category IV). His MOS was Ammunition Records Clerk. Prior to his discharge, he received two excellent conduct and efficiency ratings and one fair conduct and one good efficiency rating. The highest rank ever held by applicant was Pvt (E-3). Circumstances of Offense: Applicant received several NJP's and SPCM's for AWOL's from Mar 67 through Jun 68. A psychiatric evaluation indicated that he had an immature personality and lacked motivation. He also had a habit of absenteeism. Because of his frequent involvement, an Undesirable Discharge was granted on 6 Sep 68. Awards and Decorations: NDSM, VSM Chronology: 7 Sep 49 Date of birth 8 Sep 66 Enlisted U.S. Army for 3 years 8 Sep 68 U.D. 27 Jan 75 PCB Application Prior Military Offenses: 6 Mar 67 NJP for AWOL: 3 Mar 67 - 6 Mar 67. Partial forfeitures for one month and RIR to E-2. 6 Apr 67 NJP for AWOL: 3 Apr 67 - 5 Apr 67. Partial forfeitures for one month. 26 Apr 67 NJP for AWOL: 15 Apr 67 - 25 Apr 67. no offenses VN while Partial forfeitures for one month, RIR to E-1. why in bahs b gor VN or service? 17 mos - 2 Case No.: 3014-WJW-M Prior Military Offenses (cont. ) : 15 Jun 67 NJP for failure to carry ID card and liberty pass. Oral reprimand and 14 days extra duty. 28 Jun 67 NJP for disobeying lawful order. Oral reprimand, restrictions for 7 days, RIR to E-2. 8 Feb 68 SUMCM for AWOL, 26 Jan 68. Restriction and partial forfeitures for one month. 16 Feb 68 NJP for breaking restriction on 15 Feb 68. Oral reprimand, 14 days extra duty, RIR to E-2. 2 May 68 SPCM for AWOL 19 Feb 68 - 1 Apr 68 and 4 Apr 68 - 8 Apr 68. Sentenced to 6 months CHL; partial forfeitures for 6 months and RIR to E-1. 11 Jul 68 SPCM for AWOL 6 Jun 68 - 13 Jun 68. Sentenced to partial forfeitures for 6 months; CHL 6 months. Total AWOL all Offenses: 2 months, 14 days Total Confinement: 2 months, 10 days Vietnam Service: Applicant served in Vietnam from 30 Apr 67 to 6 Jun 67. He took part in the Vietnam Counteroffensive, Phase II. Sources: PCB Application Army Personnel File FB Lrs 1 FB cG CBb BS PRELIMINARY POST-AUDIT CHECKLIST Case Number 3014-wJw-m Flagged Auditor Carolyn Shain PME Review Computer 1. Board decision a. too severe b. too lenient c. Correct 2. Summary a. Inclusion of Unadjudicated offense(s) b. Incorrect inclusion of NJP, SCM C. Inclusion of non-felony civil offense(s) d. Prejudicial hearsay material e. f. 3. Board misapplication of aggravating/mitigating factors a. Omission of factor (s) 1) Aggravating 2) Mitigating b. Misapplication of factor (s) 1) Aggravating 2) Mitigating FORD 4. Incorrect result in light of combination of factors a. Aggravating 1,4,8 SERALD b. Mitigating 1,6,7,14 5. Comments Man has In AFQT of 20 and was accepted for enlistment, No clemency seems a bit harsh. With an AFQT 20- / yr. 4mos. 29 days is remarkablefor creditable service, This applicant enlisted the day after his 17th birthday. A thorough search does not indicate why the panel came down & So hard on him! May petty Annes, Shut UN service F AWOZ. Lay unditable sewice, Leven LIVIS HB SPECIAL DOCKET DISPOSITION FORM Case Number 3014 W.W M Action Attorney SIMON Telephone Date of Board Panel Disposition Board Members Present CGRWMOW Panel Counsel Case referred to special docket by: Action attorney Applicant Panel Counsel Board Member X Planning, Management & Evaluation Staff other Baseline recommended by Board panel: (3) No clemency Aggravating factors cited by Board panel: 148 / Mitigating factors cited by Board panel; 16714 Reason for Special Docketing: Recommendation: -14- PRESIDENTIAL CLEMENCY BOARD CASE SUMMARY PCB Attorney: Simon Case No.: 3014-WJW-M Telephone No.: (202) 634-4622 Branch of Service: Army Summary Completed: 17 Apr 75 Age: 25 Discharge Status: Undesirable Discharge Present Status: Discharged for reason of unfitness Date of Application: 27 Jan 75 Offenses: Frequent involvement Total Creditable Service: 1 year, 4 months, 29 days Background: Applicant was born in Detroit, Michigan, on 7 Sep 49, to an intact family. He is the third of five children. He completed three years of high school. Prior to his enlistment, he worked as an inventory clerk. He enlisted in the Army for a three year period on 8 Sep 66. His GT is 94; his AFQT is 20 (Category IV) His MOS was Ammunition Records Clerk. Prior to his di discharge, he received two excellent conduct and efficiency ratings and one fair conduct and one good efficiency rating. The highest rank ever held by applicant was Pvt (E-3). Circumstances of Offense: Applicant received several NJP's and SPCM's for AWOL's from Mar 67 through Jun 68. A psychiatric evaluation indicated that he had an immature personality and lacked motivation. He also had a habit of absenteeism. Because of his frequent involvement, an Undesirable Discharge was granted on 6 Sep 68. Awards and Decorations: NDSM, VSM Chronology: 7 Sep 49 Date of birth 8 Sep 66 Enlisted U.S. Army for 3 years 8 Sep 68 U.D. 27 Jan 75 PCB Application Prior Military Offenses: 6 Mar 67 NJP for AWOL: 3 Mar 67 - 6 Mar 67. Partial forfeitures for one month and RIR to E-2, 6 Apr 67 NJP for AWOL: 3 Apr 67 - 5 Apr 67. Partial forfeitures for one month. 26 Apr 67 NJP for AWOL: 15 Apr 67 - 25 Apr 67. Partial forfeitures for one month, RIR to E-1. - 2 - Case No. : 3014-WJW-M Prior Military Offenses (cont.) : 15 Jun 67 NJP for failure to carry ID card and liberty pass. Oral reprimand and 14 days extra duty. 28 Jun 67 NJP for disobeying lawful order. Oral reprimand, restrictions for 7 days, RIR to E-2. 8 Feb 68 SUMCM for AWOL, 26 Jan 68. Restriction and partial forfeitures for one month. 16 Feb 68 NJP for breaking restriction on 15 Feb 68. Oral reprimand, 14 days extra duty, RIR to E-2. 2 May 68 SPCM for AWOL 19 Feb 68 - 1 Apr 68 and 4 Apr 68 - 8 Apr 68. Sentenced to 6 months CHL; partial forfeitures for 6 months and RIR to E-1. 11 Jul 68 SPCM for AWOL 6 Jun 68 - 13 Jun 68. 67 daffer Sentenced to partial forfeitures for 6 months; CHL 6 months. Total AWOL all Offenses: 2 months, 14 days Total Confinement: 2 months, 10 days Vietnam Service: Applicant served in Vietnam from 30 Apr 67 to 6 Jun 67. He took part in the Vietnam Counteroffensive, Phase II. Sources: PCB Application Army Personnel File SUMMARY OF DECISION: EFFECTIVE APRIL 8, 1975 PRESIDENTIAL CLEMENCY BOARD THE WHITE HOUSE WASHINGTON, D. C. 20500 Calculation of Baseline for Alternative Service: Starting Point 24 Months Less Three Times 4 Months in Prison - 120 Months Less Alternative Service Performed if Period Satisfactorily Completed - 0 Months Less Time Served on Probation or Parole if Period Satisfactorily Completed - 0 Months BASELINE 12 Months Judge's Sentence to Imprisonment as Reduced by Competent Authority, which is the Baseline if Less Than the Above Figure 0 Months Minimum Baseline 3 Months Final Baseline for Determining the Period of Alternative Service 3 Months Aggravating Factors: (1). X? Other adult convictions (2). False statement by applicant to the Presidential Clemency Board (3). Use of force by applicant collaterally to AWOL, desertion, or missing movement or civilian draft evasion offense (4). Desertion during combat (5). Evidence that applicant committed offense for obviously manipulative and selfish reasons (6). Prior refusal to fulfill alternative service (7). Violation of probation or parole (8). X? Multiple AWOL/UA offenses (9). X? AWOL/UA of extended length 3mos (10). Failure to report for overseas assignment None of the above Mitigating Factors: (1). X? Lack of sufficient education or ability to understand obligations or remedies available under the law (2). Personal and immediate family problems (3). Mental or physical condition (4). Employment and other activities of service to the public (5). Service-connected disability (6). (7). X? X? Extended Tours of service period of in creditable the war zone military service 1yr, 4 mos (8). Substantial evidence of personal or procedural unfairness (9). Denial of conscientious objector status on procedural, technical, or improper grounds (10). Evidence that an applicant acted for conscientious, not manipulative or selfish reasons (11). Voluntary submission to authorities by applicant (12). Behavior which reflects mental stress caused by combat (13). Volunteering for combat, or extension of service while in combat (14). X'- Above average military conduct and proficiency or unit citations (15). Personal decorations for valor (16). Wounds in combat None of the above Based on these factors, the Board's decision is that the month baseline should be Therefore, a pardon will be granted after performance of months of alternative service. 3014-WJM-M m Simon Case Number Staff Attorney FB LAB 3 FB cer Cob PRELIMINARY POST-AUDIT CHECKLIST Case Number 774 Flagged Auditor tgs PME Review Computer 1. Board decision a. too severe b. too lenient C. Correct 2. Summary a. Inclusion of Unadjudicated offense b. Incorrect inclusion of NJP, SCM C. Inclusion of non-felony civil offense(s) d. Prejudicial hearsay material e. f. 3. Board misapplication of aggravating/mitigating factors GERALD 1462817 ? FORD a. Omission of factor (s) 1) Aggravating b. Misapplication of factor (s) 2) Mitigating 2 - wife's illness, problems marital 1) Aggravating 2) Mitigating 4. Incorrect result in light of combination of factors a. Aggravating /, 5.(weak), 8, 9 (weak) #1 is AWOL one SPCM for b. Mitigating (2)6,14 (2) 6, 14 5. Comments should lead to no clemency rather Nothing out of the ordinary that than some months A/S. Agree LMR 7/17 4/3/75 BL.4 Agg/15/89 mil 6.14 PRESIDENTIAL CLEMENCY BOARD Case Summary Noclimency PCB Attorney: Heitz Case No.: 74-774-PCX-M Telephone No.: (202) 456-2110 Branch of Service: U. S. Navy Summary Completed: 20 Mar 1975 Age: 29 Current Sentence: Bad Conduct Dis- Present Status: Civilian charge, confinement at hard labor Date of Application: 10 Jan 1975 for 4 months, partial forfeitures and reduction to E-1 Court: Special Court-martial Great Lakes, Illinois, 28 Jun 1965 Total Time Served: 3 months, 28 days; 19 days pre-trial confinement Discharge Status: Executed Bad Conduct NC too heroh Discharge Offense: AWOL, 3 specifications: 23 Apr-18 May 1965, 20 May- Jun 1965, and 5-9 Jun 1965 (1 month, 12 days) Total Creditable Service: 1 year, 11 months, 14 days syrst e.s. Background: Applicant was born on 25 Dec 1945 in Tulsa, Oklahoma. He is Caucasian, married, and the father of two children, aged 6 and 8. The available records do not con- tain any information regarding applicant's family background. He completed ten years of high school and received a high school G.E.D. while in the service. His AFQT score is 56 (Category III) and his GCT is 44 (just below average). There is no record of applicant's previous employment experience. On 31 Dec 1962, 6 days after his 17th birthday this applicant enlisted in the Navy for the period of his minority years (3 years, 11 months, 25 days). His MOS was in the aviation field and he was an E-3 before he went AWOL. Prior to his AWOLs, his average ratings for professional performance were 3.3, for military behavior 3.5, for military appearance 3.1 and for adaptability 3.6. These marks are considered good. Circumstances of the Offense(s): The record of trial contains a post-trial interview with the applicant in which he explains his reasons for his AWOLs. The first time he went AWOL was to get married The sceond AWOL was caused by his wife's illness. She was confined to bed and applicant stayed with her 13 days to nurse her. He went AWOL the third time because he was worried about his wife and homesick. At his trial, applicant requested a Bad Conduct Discharge because he felt his obligation to his wife was more important than the Navy. During the post-trial interview, applicant stated: "Before I met and married my wife, I wanted to stay in the Navy; I think it's a great outfit. But, now I can't, because I'm afraid that our marriage wouldn't last. I would most likely go UA again, neither of us 2 Case No.: 74-774-PCX-M Circumstances of the Offensc(s) cont'd: want that and I feel it would eventually pull us apart. I would like a dis- charge from the Navy even if it is a BCD. My marriage is more important to me than anything I can think of." Applicant was worried that he and his wife would not be able to live on Navy pay. During another post-trial interview conducted on 15 Jul 1965, applicant reported that the sole reason for his first AWOL was due to his disappointment in not being relieved of his assigned duties while stationed at the Naval Air Station, Corpus Christi, Texas. He was led to believe that these duties would only be temporary. Vietnam Service: None Chronology: 25 Dec 1945 Date of birth 1961 Withdrew from high school after completing 31 Dec 19621 2yrst the 10th grade Enlisted in U. S. Navy 23 Apr 1965 18 May 1965 AWOL, terminated by surrender 8 May 1965 Married 20 May 1965 -- 2 Jun 1965 AWOL, terminated by surrender 5 Jun 1965 -- 9 Jun 1965 AWOL, terminated by apprehension; pre-trial confinement began 28 Jun 1965 Special Court-martial; post-trial confinement began 19 Jul 1965 Convening Authority's action 30 Jul 1965 U. S. Navy Board of Review approved conviction 13 Sep 1965 Sentence ordered executed 7 Oct 1965 Post-trial confinement terminated; discharged from Service 10 Jan 1975 PCB application Awards and Decorations: None Prior Military Offenses: 5 Nov 1964 Special Court-martial for AWOL: 6 Aug-12 Oct 1964 (68 days). Applicant sentenced to confinement at hard labor for 2 months, and partial forfeitures. Sentence Historv: 28 Jun 1965 Special Court-martial, Great Lakes, Illinois. Sentenced to Bad Conduct Discharge, confinement at hard labor for 6 months, partial forfeitures and reduction to E-1. 3 Case No.: 74-774-PCX-M Sentence History cont 'd: 19 Jul 1965 -- Convening Authority action, approved so much of the sentence as provides for a Bad Conduct Discharge, confinement at hard labor for 4 months, partial forfeitures and reduction to E-2. 30 Jul 1965 -- U. S. Navy Board of Review, approved the findings of guilty and sentence. Sources: HQ Personnel File Record of Trial Attorney's letter of 10 Jan 1975 FB LMB FB or cob 3 PRELIMINARY POST-AUDIT CHECKLIST Case Number 1153 Flagged Auditor tgs PME Review Computer 1. Board decision a. too severe b. too lenient c. Correct 2. Summary a. Inclusion of Unadjudicated offense (s) b. Incorrect inclusion of NJP, SCM C. Inclusion of non-felony civil offense(s) d. Prejudicial hearsay material e. f. 3. Board misapplication of aggravating/mitigating factors a. Omission of factor (s) 1) Aggravating 2) Mitigating b. Misapplication of factor (s) 1) Aggravating 2) Mitigating 4. Incorrect result in light of combination of factors a. Aggravating 4,59 b. Mitigating 6,7,11,13,14 5. Comments Agg 4. was only a 9- day AWOL while in severe Apparently the Board was Vietnam No Clemency seems too displeased by applicant's statements but re: opposition to the war in Vietnam, not to war in general Agree. - WB 7/17 3/6/75 Agg 4,5,9 mit 6,7,11,13 B.L. 3 PRESIDENTIAL CLEMENCY BOARD Case Summary No clemency PCB Attorney: Klein Case No. 1153-DLJ-M (Tel: (202) 456-2110) Summary Completed: 20 Feb 1975 Branch of Service: Army Discharge Status: Undesirable Age: 22 Discharge Date of Application: 19 Jan 1975 Offense: AWOL, 12 Sept-21 Sept 1971 Present Status: Discharged (9 days) Total Creditable Service: 2 years, 4 months, 20 days Background This white applicant is 22 years old and was born on 19 May 1952 in Maine. He is one of five children and grew up in a stable home environment. He lived in Maine until he was nine years of age and then the family moved to Massachusetts where he continued in school to the 11th grade. The appli- cant has an AFQT score of 72 (Category II) and a GT score of 106. The applicant has no criminal record. In May 1969 he enlisted in the Army for three years. He did so at the completion of his junior year of high school and therefore had no employment record prior to entry into his period of service. Circumstances of Offense After completing his basic training and training as a vehicle repairman, the applicant did a 14-month tour of duty in Germany. He then volunteered for duty in Vietnam. At that time he had attained a grade E-4. After leav- ing Germany the applicant went home on leave and then to Vietnam. He states that he arrived in Vietnam with strong doubts about the conflict and his role in it. He alleges that he went through the proper procedure for obtaining a C.O. status but that his request was denied. Applicant then felt the only alternative open to him was to take an unauthorized leave of absence from 12 Sept to 21 Sept 1971. He then states that he applied for a Chapter 10 General Discharge which was approved up the chain of command until it was disapproved by the Commanding General. The applicant then requested a discharge for the good of the service. At that time applicant faced trial by special court-martial for his nine-day AWOL and also for giving the Post Exchange a bad check in the amount of $123 while AWOL. This request by applicant (Tab H) was approved by all commanders and an un- desirable discharge was finally executed on 26 Oct 1971. Applicant states 2 Case No. 1153-DLJ-M that while in Vietnam, a chaplain, psychiatrist and a high ranking officer told him his beliefs were sincere but under r current policy he could not ob- tain a C.O. status because his beliefs were not religious, There is, how- ever, no record in the file of his request for C.O. status. After being discharged, the applicant applied to the Army Discharge Review Board for an upgraded discharge. A hearing was held on 2 Mar 1973, at which time applicant testified that his conscientious objection applied to the Vietnam war, not to war in general. The Army Discharge Review Board denied the request to change the type of discharge. Vietnam Service: 23 May 1971-20 Oct 1971 (approximately 5 months). While in Vietnam applicant was assigned to furnish supplies to perimeter guards at his base. It was considered to be an open fire zone. Chronology 19 May 1952 Date of birth 28 May 1969 Date of enlistment 12 Sept-21 Sept 1971 AWOL 26 Oct 1971 Discharged from Army 2 Mar 1973 Hearing before Army Discharge Review Board 19 Jan 1975 PCB application Awards and Decorations: National Defense Service Medal Prior Military Offense Article 15 - 28 Feb 1971, at Nuremburg, Germany, for possession of marijuana (hashish); reduction to PFC, restriction for 14 days and performance of extra duty for 14 days. Sources 1. Military Personnel File 2. Hearing proceedings before Army Discharge Review Board 3. Application and attached letter P.A. Pochet#2 BC 3 A 8,9 PRESIDENTIAL CLEMENCY BOARD 3 CASE SUMMARY 9 mos PCB Attorney: Burstein/Broder Case No.: 3356-WCW-M Telephone No.: (202) 634-4609 Branch of Service: Army Summary Completed: 24 Apr 75 Age: 27 Total Time Served: 2 months, 8 days Present Status: Civilian (including 13 days pre-trial Date of Application: 29 Jan 75 confinement) Discharge Status: Undesirable Discharge for unfitness by reason of frequent involvement Total Creditable Service: 2 months, 13 days Background: This caucasian applicant was born on 9 May 47. His father is an alcoholic and, when intoxicated, is often physically abusive to applicant's mother. When applicant was younger, applicant, too, was subjected to the physical abuse. Now, physical fights occur between applicant and his father when applicant attempts to protect himself and his mother. (Letter from psychiatrist, 18 Apr 67) Applicant quit school in Sep 63 after finishing the 10th grade. He held several jobs before induction in the Army, and he was married for approximately one year before induction. His AFQT score is 34 (Group III) and his GT score is 91. Applicant has been employed as a car porter for the last ten months. He has two excellent ratings for conduct and efficiency. Circumstances of Offense: Applicant was inducted for two years on 25 Jul 66. Upon applicant's father's promise to quit drinking, applicant's wife moved in with her parents-in-law and was to remain there until applicant returned from the Army. In Oct of 66 applicant's father again began to drink excessively and was brutal to his wife, although he did not harm applicant's wife. Applicant went AWOL from 7 Oct 66 to 15 Oct 66. He surrendered on the latter date only to assume a status of AWOL again which ended by apprehension on 12 Apr 67. Applicant was motivated to go AWOL in order to be with and to protect his family. The neurophysiciatric report of 25 May 67 shows that applicant is immature, but is mentally responsible and can distinguish between right and wrong. However, the report continues and states that applicant is significantly maladapted to an authority figure and to military rule, and is, therefore, useless to the service. Additionally, applicant's wife was under psychiatric care for her emotional instability and anxiety over the separation from her husband. Applicant served in pre-trial confinement from 12 Apr 67 - 25 Apr 67 and then appeared at the special Court-Martial on 26 Apr 67, when he was sentenced to six months confinement at hard labor and partial forfeiture for six months. The convening authority. reduced the forfeiture on 1 May 67, and the unexecuted portion of the sentence was remitted on 20 Jun 67. He received his Undesirable Discharge for unfitness by reason of frequent involvement on 20 Jun 67. GERALD FORD ABL Tia 2 - Case No.: 3356-WGW-M Vietnam Service: None Chronology: 9 May 47 Date of birth Sep 63 Quit school after 10th grade 65 Married 25 Jul 66 Inducted 22 Feb 67 Talked with personal psychiatrist 12 Apr 67 - 25 Apr 67 Pre-trial confinement 17 Apr 67 Applicant's wife talked to personal psychiatrist 26 Apr 67 SPCM 1 May 67 Partial forfeiture reduced by convening authority 25 May 67 Military neuropsychiatric interview 20 Jun 67 Unexecuted portion of sentence remitted 20 Jun 67 Undesirable Discharge 29 Jan 75 PCB Application Prior Military Offenses: AWOL, 7 Oct 66 - 15 Oct 66. No disposition. 26 Apr 67, Special Court-Martial, AWOL 15 Oct - 11 Apr 67 (5 months, 28 days) and CHL 6 months (remitted in excess of 1 month, 24 days), partial forfeiture Sources: Military Personnel File PCB File (including letter from Clyde B. Simson, M.D.) P.A. Packat#2 PRESIDENTIAL CLEMENCY BOARD CASE SUMMARY PCB Attorney: Kaminski Case Number: 3265-BJE-M Telephone Number: (202) 634-4608 Branch of Service: Army Summary Completed: 24 Apr 75 Age: 24 Total Time Served: 85 days predischarge Present Status: Civilian confinement Date of Application: 30 Jan 75 Discharge Status: Undesirable Discharge in lieu of Court-Martial Offense: Desertion (Art. 85) - 3 Aug 70'- 26 Feb 72 (1 year, 6 months, 24 days) Total Creditable Service: 4 months, 8 days Background: This single, black applicant was born on 9 Nov 50 in Maryland and was the fourth of six children. He completed eleven years of education and left school in 1967. The record does not reflect the applicant's employment prior to enlistment in the military. His AFOT measures 18 (Group 4) and his GT score is 62. He had four months and eight days of creditable service and had two excellent conduct and efficiency ratings. He was awarded the National Defense Service Medal and a Marksman's Badge in the M-16 Circumstances of Offense: This applicant enlisted in the Army on 28 Feb 70 for a three year period. He went AWOL from 3 Aug 70 until he was apprehended by civilian authorities and returned to military control on 26 Feb 72. While on AWOL he was convicted by civilian authorities. In a telephone communication he stated that he was convicted for shoplifting and was given a one year suspended sentence. Upon his return to military control, he was placed in confinement and remained in confinement until his discharge. The applicant indicated that he went AWOL for two reasons: (1) he had a fight in his unit and was afraid to return and (2) he wanted to go home, (In-Process Interview) On 28 Mar 72 he was charged by the Army with desertion. On that same day, he applied for an Undesirable Discharge in lieu of Court- Martial. His request was granted and his Undesirable Discharge was executed on 22 May 72. Victnam Service: None GERALD LISSARY FORD 2 Case Number: 3265-BJE-M Chronology: 9 Nov 50 Date of Birth 1967 Last year of school 28 Feb 70 Enlistment into Army 3 Aug 70 - 26 Feb 72 AWOL (1 year, 6 months, 24 days) 28 Mar 72 Request for Undesirable Discharge 22 May 72 Undesirable Discharge executed Awards and Decorations: National Defense Service Medal Marksman's Badge in M-16 Prior Military Offenses: None Sources: 1. Army Office Personnel File 2. Clemency Board File ) P.A. Pocket #3 PRESIDENTIAL CLEMENCY BOARD Case Summary PCB Attorney: Lloyd Parker, Jr. Case No.: 9988-CCP-M Telephone: 202-634-4634 Summary Completed: 16 May 75 Branch of Service: Army Discharge: Undesirable Discharge in Age: 25 lieu of Court-Martial Present Status: Civilian Offense: AWOL: 30 Aug 69 - 3 Aug 70 Date of Application: 19 Feb 75 (11 months, 3 days) Total Creditable Service: 3 months, 24 days Background: This white applicant born 26 Aug 49 is one of six children born and raised in an upstate New York city by both parents. He quit shcool in the 10th grade in 1968 and had been working short-term odd jobs for one year when he was inducted into the Army on 6 Jun 69. He scored 101 on the GT and 29 on the AFQT (Category IV). He received excellent ratings in basic training and AIT. He was administered non-judicial punishment for a one-day AWOL in July 69 and one month later he went AWOL for over 11 months until he was apprehended by the FBI and returned to his command. He was in pre-discharge confinement until he accepted an Undesirable Discharge in lieu of court-martial on 5 Sep 70. Applicant is unemployed now because he is undergoing physical therapy for a broken back which he received in an accident in April 74. Circumstances of Offenses: On 30 Aug 69 applicant went AWOL until he was apprehended by the FBI and returned to his military command. on 3 Aug 70. He was in pre-discharge confinement until he accepted an Undesirable Discharge in lieu of court-martial on 5 Sep 70. In a phone conversation with a Board attorney, applicant stated that he went AWOL because he was denied leave after completing AIT. Vietnam Service: None Chronology: 26 Aug 69 Date of Birth 1968 Quit school in 10th grade 6 Jun 69 Inducted in Army 9 Jul 69 Article 15 (1 day AWOL) 30 Aug-69-4 Aug 70 AWOL 4 Aug 70-5 Sep 70 Pre-discharge confinement 5 Sep 70 Undésirable Discharge 19 Feb 75 PCB Application Awards and Decorations: National Defense Service Medal Case No.: 9988-CCP-M Prior Military Offenses: 9 Jul 69 NJP AWOL: 7 Jul 69 - 7 Jul 69 (1 day) Punishment: Forfeit $26, restriction for 14 days. Sources: 1. Personnel File PRESIDENTIAL CLEMENCY BOARD THE WHETE HOUSE WASHINGTON, D.C. 29500 Calculation of Baseline for Alternative Service: Starting Point 24 Month Less Three Times / Months in Prison .. 3 Month Less Alternative Service Performed if Period Satisfactorily Completed - Month Less Time Served on Probation or Parole if Period Satisfactorily Completed - Month BASELINE 21 Month Judge's Sentence to Imprisonment as Reduced by Competent Authority, which is the Baseline if Less Than the Above Figure Month Minimum Baseline 3 Months Final Baseline for Determining the Period of Alternative Service 21 Month Aggravating Factors: (1). Other adult convictions (2). False statement by applicant to the Presidential Clemency Board (3). Use of force by applicant collaterally to AWOL, desertion, or missing movement or civilian draft evasion offense (4). Desertion during combat (5). Evidence that applicant committed 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). X AWOL/UA of extended length 11months (10). Failure to report for overseas assignment None of the above Mitigating Factors: (1). X Lack of sufficient education or ability to understand obligations or remedies available under the law (2). Personal and immediate family problems (3). Mental or physical condition (4). Employment and other activities of service to the public (5). Service-connected disability (6). Extended 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 an applicant acted for conscientious, not manipulative or selfish reasons (11). Voluntary submission to authorities by applicant (12). Behavior which reflects mental stress caused by combat (13). Volunteering for combat, or extension of service while in combat (1:1). Above average military conduct and proficiency or unit citations (15). Personal decomations for valor (16). Wounds in combat None of the above Based on these factors, the Board's decision is that the month baseline should be Therefore, a pardon will be after performance of months of alternative service. 9.788-C0P m Case Number Staff Attorney FB CHB PRELIMINARY POST-AUDIT CHECKLIST FB at (ob Case Number 1825 Flagged Auditor tgs PME Review Computer 1. Board decision a. too severe b. too lenient C. Correct 2. Summary a. Inclusion of Unadjudicated offense (s) b. Incorrect inclusion of NJP, SCM C. Inclusion of non-felony civil offense (s) d. Prejudicial hearsay material e. f. 3. Board misapplication of aggravating/mitigating factors a. Omission of factor (s) 1) Aggravating 2) Mitigating b. Misapplication of factor (s) 1) Aggravating 2) Mitigating GERALD FORD 4. Incorrect result in light of combination of factors a. Aggravating b. Mitigating 5. Comments felony conviction was for transporting a stolen vehicle a cross likes- not a "heinous crime" because of lengthy ANOL, any amount of A/S should be per formed Agree 7/17 5/23/75 B.L.3 A 1,5,8,9 M6 PRESIDENTIAL CLEMENCY BOARD CASE SUMMARY Noclemency PCB Attorney: Silen Case No. 1825-BJT-M Telephone No.: 456-2110 Branch of Service: Marine Corps Summary Completed: 16 Apr 75 Age: 26 Total Time Served: 57 days in pretrial confine- Present Status: Discharged ment Civilian Discharge Status: Undesirable Discharge Date of Application: 27 Jan 75 in lieu of Court-Martial Offenses: Desertion: 15 Nov 68 - 12 Mar 70 (DD 458, 10 Apr 70) Total Time: 1 year, 3 mos., 5 days Total Creditable Service: 10 months, 26 days Background: Applicant was born 29 Jan 49 in Kansas: he later resided in Missouri, and June 1967, he moved to San Diego, California. He is white and the eldest of three children. He attended 3 years high school in Missouri but did not graduate. Prior to his enlistment he was employed in a cafe in San Diego, and as a truck driver hauling farm crops. Applicant enlisted in the Marine Corps Reserve on 9 Feb 68 for a term of six years. He was transferred to the Marine Corps on 10 Mar 68 for a two-year period and was discharged from his reserve status on that date. His AFQT score was 34, Category III, and his GIT score was 97. He was assigned as a student cook in the Schools Battalion at Camp Pendleton, California. His fitness reports for duty and conduct were well below average. A final fitness report concludes applicant to be unsatisfactory. Circumstances of Offense: Applicant received an Undesirable Discharge in lieu of Court Martial on 8 May 70 for charges involving unauthorized absence from 15 Nov 68 until 12 Mar 70. Applicant was apprehended by civilian authorities on 31 Dec 69 when he was arrested for disturbing the peace on that date. Subsequently, applicant pleaded guilty to a Federal charge that he violated the Dyer Act, in that he transport- ed a stolen motor vehicle across a state line. On 22 Jan 70, applicant was sentenced to two years probation to commence following his discharge from the Marine Corps (military personnel records). Thereafter, he was returned to military authorities on 12 Mar 70 in Illinois and was thereafter transferred to California pending action by higher authority (Military records). In his letter to the Board, applicant refers to a "hardship case of family problems" resulting in AWOL and when he returned to Camp Pendleton he was offered an Undesirable Discharge in lieu of General Court Martial. (Letter to Board) -2- Case No. : 1825-BJT-M Vietnam Service: None Chronology: 29 Jan 49 Date of birth 9 Feb 68 Enlisted in Marine Corps Reserve 10 Mar 68 Transferred to Marine Corps 25 Mar 68 - 10 May 68 Summary Court Martial 10 May 68 - 30 May 68 Confined 31 May 68 - 12 Jun 68 AWOL, termination method unknown 28 Jun 68 Summary Court Martial 28 Jun 68 - 28 Jul 68 Confined 15 Nov 68 AWOL 31 Dec 69 Apprehended for disturbing the peace by civilian authorities 22 Jan 70 Pleaded guilty to Federal charge of interstate transportation of stolen vehicle 22 Jan 70 Sentenced to probation 12 Mar 70 Returned to military authorities 30 Mar 70 Discharge requested 8 May 70 Discharged 27 Jan 76 PCB Application Awards and Decorations: National Defense Service Medal Marksman Badge (Rifle) Prior Military Offenses: 28 Jun 1968 Summary Court-Martial Offense: AWOL March 25 - 7 May 1968 (13 days) CHL for 20 days, forfeit $60.00 10 May 68 Summary Court Martial. Offense: AWOL 31 May 68 - 12 Jun 68 (12 days) Punishment CHL 30 days, and forfeit $60.00 for one month. C.A. App. 28 Jun 68 Retotal: 25 days: Total time absent without authority 50 days: Total time confinement for AWOL 5 months, 28 days: Total confinement all offenses -3- Case No. : 1825-BJT-M Civilian Offenses: 22 Jan 70 U.S. District Court, Topeka, Kansas Offense: Dyer Act (interstate transportation of a stolen motor vehicle) Punishment 2 years probation to commence upon discharge from Marine Corps Confinement 2 months, 11 days (71 days) Sources: PCB Application Applicant's Military Personnel Files FB B/okert LMB PRELIMINARY POST-AUDIT CHECKLIST Beseline 4 (BS insted of 7. Case Number 6649 Flagged Auditor Manus PME Review Computer 1. Board decision a. too severe b. too lenient C. Correct 2. Summary a. Inclusion of Unadjudicated offense (s) b. Incorrect inclusion of NJP, SCM C. Inclusion of non-felony civil offense(s) d. Prejudicial hearsay material e. f. 3. Board misapplication of aggravating/mitigating factors a. Omission of factor (s) 1) Aggravating 2) Mitigating b. Misapplication of factor (s) 1) Aggravating 2) Mitigating 4. Incorrect result in light of combination of factors FORD i LIBRARY GERALD a. Aggravating b. Mitigating 5. Comments Boseline should have been 3mos Rose Ymos- Confirment sentance, LAB 7/13 A59w PRESIDENTIAL CLEMENCY BOARD maill CASE SUMMARY. 10mos PCB Attorney: J. O'Donnell Case Number: 6649-HTX-M Telephone Number: (202) 456-2110 Branch of Service: Air Force Summary Completed: 30 April 75 Age: 23 Current Sentence: Bad Conduct Discharge Present Status: Civilian 4 months confinement, Date of Application: 14 Feb 75 partial forfeiture Court: Special CM, Chanute AF Base, Illinois Total Time Served: 3 months, 8 days Discharge Status: BCD Offense: AWOL 2 Nov 70 $3 17 Feb 71 (3 months, 15 days) Creditable Service: 4 months, 28 days BACKGROUND: This white applicant, was born 9 Apr 52, the second of three children. He is married and has one child. He graduated from high school and enlisted in the Air Force for four years on 23 Jun 70 because he thought he would be drafted. His AFQT score was 38 (Group III). His mother suffered from narcolepsy and diabetes and apparently needed almost full-time care. His father, mother and sister were in an automobile accident in February 70, and the family was without income for some time as a result of injuries incurred in the accident. The applicant submitted a request for a hardship discharge prior to his AWOL. CIRCUMSTANCES OF OFFENSE: Applicant was granted emergency leave on 23 Oct 70 because of his grandfather's death. When he got home he learned that his mother was quite ill. This "along with the idea that I was only 18 years old and quite immature at the time was the reason I stayed home, " his letter to PCB states: His AWOL began 1 Nov 70. On 17 Feb 71 he voluntarily returned to base. A Special Court-Martial on 5 Mar 71 found him guilty and he was sentenced to be discharged with a Bad Conduct Discharge 4 months confinement at hard labor, and a partial forfeiture. Following the Court Martial sentences the applicant's first sergeant, company commander, and the correction officer all submitted letters recommending clemency under a new Air Force correction program involving retraining but the applicant wanted only a discharge. The staff judge advocate reviewing the case, in his report to the commanding general, considered the sentence well within the maximum per- missible punishment and not inappropriate. The sentence was thereafter affirmed on 2 Jun 71. VIETNAM SERVICE: None 1917 RALD R. FORD CHRONOLOGY: 9 Apr 52 Date of Birth 1970 Graduated high school 23 Jun 70 Enlisted 5 Mar 71 - 13 Jun 71 Confined following sentence (3 months, 8 days 14 Jun 71 Discharge executed ⑉2⑉ Case Number: 6649-HTX-M AWARDS AND DECORATIONS: NDSM PRIOR MILITARY OFFENSES: None SOURCES: Official Military File Applicant's Letter to PCB e 8/24/Sun your Summires for Dochet #17 854- #3 Jurisd? 318- - #3 off w/in amits no 1825-#3 ok 64- P Check # 1664 ? FORDS : 078830 Form D-4 PRESENTATION LIST Date: Panel: Docket Block: MO/DA Day of Week Time Case # Attorney Comments 1.1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Panel Counsel: AGC Team: your Sunnary for Dorlit # 18 967-#2d - 9988 - # 3 no 3265 - # 2 no 3356 - # 2 no 6649 - - #2- FORD i GERALD LIBOARY you Form D-4 PRESENTATION LIST Date: Panel: Docket Block: MO/DA Day of Week Time Case # Attorney Comments 1.1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Panel Counsel: AGC Team: your Sunay for 1825 W ( 1864 Missing FORD Form D-4 PRESENTATION LIST Date: Panel: Docket Block: MO/DA Day of Week Time Case # Attorney Comments 1.1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Panel Counsel: AGC Team: