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Referrals to Full Board
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1506031
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Referrals to Full Board
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Charles E. Goodell Papers
Presidential Clemency Board Subject Files
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Amnesty
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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States of America his copyrights in all of his unpublished writings in National Archives collections.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
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Attorney
Comments
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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:
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Panel Counsel:
AGC Team:
your Sunay for
1825 W (
1864
Missing FORD
Form D-4
PRESENTATION LIST
Date:
Panel:
Docket Block:
MO/DA
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Attorney
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Panel Counsel:
AGC Team: