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Alternative Service
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Alternative Service
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Charles E. Goodell Papers
Presidential Clemency Board Subject Files
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The original documents are located in Box 1, folder "Alternative Service" 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States of America his copyrights in all of his unpublished writings in National Archives collections.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 1 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Presidential Libraries Withdrawal Sheet
WITHDRAWAL ID 01988
REASON FOR WITHDRAWAL
Donor restriction
TYPE OF MATERIAL
Memorandum
CREATOR'S NAME
Lawrence Baskir
RECEIVER'S NAME
Charles Goodell
DESCRIPTION
Re alternative service program
CREATION DATE
06/25/1975
COLLECTION/SERIES/FOLDER ID
019300004
COLLECTION TITLE
Charles Goodell Papers
BOX NUMBER
1
FOLDER TITLE
Alternative Service
DATE WITHDRAWN
11/20/1990
WITHDRAWING ARCHIVIST
WHM
August 20, 1975
GERALD FORD LIBRARY
Dear Mr. Pepitone:
This is in response to your request at our earlier
meeting that the Presidential Clemency Board forward to you
any recommendations we have to deal with the special problem
of short term alternative service. You had indicated that
you had already notified OMB there was no way you could
provide three-month full-time jobs to any large number of
people in the present job market. I understand that you
may have revised your assessment in that regard, but the
Clemency Board has discussed at some length what was the
Board's intention for performance of alternative service.
Obviously, this is a matter within the jurisidiction of the
Selective Service System and the Board offers these suggestions
in the hopes they will be helpful to you.
The Board officially recommends three courses of
action. The first two recommendations are unanimous. The
third recommendation was adopted by the Board with four
dissenting votes. I am attaching hereto the minority report
of the four dissenting members. Our recommendations are
as follows:
First, a PCB referral with a full-time job
should be encouraged to retain that job and
do part-time alternative service without pay.
Secondly, all PCB referrals should be permitted
the option of performing fewer hours per week
and extending their work over a longer period
of time. For example, three months of alterna-
tive service could be fulfilled by stretching
shorter hours worked per week over six months
or a year.
Thirdly, to fulfill his alternative service
requirement, a PCB referral be given the choice
of working either forty hours per week with pay
or sixteen hours per week without pay. He would
would have this choice regardless of his other
employment or lack thereof.
-2-
The majority of the Board strongly believes that
referrals should be given the option of performing either
an average of sixteen hours per week alternative service
without pay or forty hours per week alternative service with
pay. We feel that such a policy is in accord with the wishes
of the President and at the same time assists you in your
difficult task of placing approximately eight thousand indi-
viduals whom we shall refer to you for alternative service.
Permitting part-time alternative service would assure that
jobs are not taken from veterans and others in the competitive
labor market. It would also help to maximize the number of
clemency recipients who could successfully perform alternative
service and, therefore, earn their clemency. By allowing
conditional clemency recipients to keep their present employ-
ment, it would minimize the likelihood of their families
becoming financial burdens to the public.
In coming to this conclusion we consulted with
probation officers who indicated that the courts generally
accept sixteen hours per week as sasisfactory alternative
service when alternative service is required as a part of
the court sentence. The majority of the Board believes, that
a man who works evenings or Saturdays and Sundays without
pay in charitable activities or for governmontal agencies
should be deemed to have satisfied our requirement if he
works sixteen hours per week.
Although it is my personal view that the President
would agree that sixteen hours without pay should be the
equivalent of forty hours per week with pay, I have never
discussed the issue with the President, and I can understand
that you may feel such a policy is in conflict with your
directive from the President. If that is the case, I believe
we should seriously consider presenting this issue to the
President. I would obviously also present the minority views
of our four dissenting members.
Whatever your decision with respect to recommendation
number three, I should emphasize that the Clemency Board
unanimously feels every effort should be made to avoid requiring
that an individual relinquish a job which he presently holds.
For obvious reasons this is particularly true of individuals
required by the Clemency Board to do alternative service of
six months or less.
These recommendations to you, in response to your
invitation, are in hopes that they will be helpful in carrying
the clemency program to a successful conclusion. We fully
recognize that the nature of alternative service to be performed
is the responsibility of the Selective Service System. I
would be delighted to discuss our recommendations further
with you at your convenience.
With kind regard, I am
Sincerely,
Charles E. Goodell
Chairman
Mr. Byron V. Pepitone
Director
Selective Service System
1724 F Street, NW
Washington, D.C. 20435
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
TO:
Byron V. Pepitone
cc: Senator C.E. Goodell
Director
Selective Service System
FROM:
General Lewis W. Walt
Dr. Ralph Adams
Mr. James P. Dougovito
Colonel Harry Riggs
DATE:
August 1, 1975
SUBJECT:
Minority Report of the Presidential Cemency Board
on Alternate Service to be performed by applicants
to the Presidential Clemency Board
The above named Members of the Presidential Clemency Board unanimously
agree that:
A)
A month's alternate service as determined by the PCB, to
be accomplished by the applicant, is based on a minimum
of a forty-hour week. That is to say that; a three month's
alternate service assignment would be for a minimum working
period of four hundred and eighty (480) hours.
B)
The President wants a crisp, unwatered-down, effective
and creditable program of service to the public, accomplished
by the applicant in order to EARN his way back to a normal
position in our society.
c)
The administration of the alternate service program is entirely
the business and responsibility of the Director of Selective
Service.
D)
That a volunteer program for the applicants to perform
volunteer work, without pay, in their Community, could be
an effective way of accommodating those applicants who have
less than twelve months alternate service to perform.
However, there should not be any cut in the number of hours
they would be required to work. They would benefit by being
able to perform the service at a time of convenience to their
schedule so that they still could work at a regular job for
livelihood. They would also benefit in that the volunteer work
could be done in their Community so that travel would not be
a problem. Furthermore, volünteer work in their Community, to
earn their Pardon, would be good public relations for them
and for the Presidents Clemency Program.
Lewis JEKalit
Family Urigon adims
Cerbon of Pepitine the
from are -
X
walt minority views.
FORD is LIBRARY GERALD
August 20, 1975
Dear Mr. Pepitone:
This is in response to your request at our earlier
meeting that the Presidential Clemency Board forward to you
any recommendations we have to deal with the special problem
of short term alternative service. You had indicated that
you had already notified OMB there was no way you could
provide three-month full-time jobs to any large number of
people in the present job market. I understand that you
may have revised your assessment in that regard, but the
Clemency Board has discussed at some length what was the
Board's intention for performance of alternative service.
Obviously, this is a matter within the jurisidiction of the
Selective Service System and the Board offers these suggestions
in the hopes they will be helpful to you.
The Board officially recommends three courses of
action. The first two recommendations are unanimous. The
third recommendation was adopted by the Board with four
dissenting votes. I am attaching hereto the minority report
of the four dissenting members. Our recommendations are
as follows:
First, a PCB referral with a full-time job
should be encouraged to retain that job and
do part-time alternative service without pay.
Secondly, all PCB referrals should be permitted
the option of performing fewer hours per week
and extending their work over a longer period
of time. For example, three months of alterna-
tive service could be fulfilled by stretching
shorter hours worked per week over six months
or a year.
Thirdly, to fulfill his alternative service
requirement, a PCB referral be given the choice
of working either forty hours per week with pay
or sixteen hours per week without pay. He would
would have this choice regardless of his other
employment or lack thereof.
-2-
The majority of the Board strongly believes that
referrals should be given the option of performing either
an average of sixteen hours per week alternative service
without pay or forty hours per week alternative service with
pay. We feel that such a policy is in accord with the wishes
of the President and at the same time assists you in your
difficult task of placing approximately eight thousand indi-
viduals whom we shall refer to you for alternative service.
Permitting part-time alternative service would assure that
jobs are not taken from veterans and others in the competitive
labor market. It would also help to maximize the number of
clemency recipients who could successfully perform alternative
service and, therefore, earn their clemency. By allowing
conditional clemency recipients to keep their present employ-
ment, it would minimize the likelihood of their families
becoming financial burdens to the public.
In coming to this conclusion we consulted with
probation officers who indicated that the courts generally
accept sixteen hours per week as samisfactory alternative
service when alternative service is required as a part of
the court sentence, The majority of the Board believes that
a man who works evenings or Saturdays and Sundays without
pay in charitable activities or for governmental agencies
should be deemed to have satisfied our requirement if he
works sixteen hours per week.
Although it is my personal view that the President
would agree that sixteen hours without pay should be the
equivalent of forty hours per week with pay, I have never
discussed the issue with the President, and I can understand
that you may feel such a policy is in conflict with your
directive from the President. If that is the case, I believe
we should seriously consider presenting this issue to the
President. I would obviously also present the minority views
of our four dissenting members.
Whatever your decision with respect to recommendation
number three, I should emphasize that the Clemency Board
unanimously feels every effort should be made to avoid requiring
that an individual relinquish a job which he presently holds.
For obvious reasons this is particularly true of individuals
required by the Clemency Board to do alternative service of
six months or less.
-3-
These recommendations to you, in response to your
invitation, are in hopes that they will be helpful in carrying
the clemency program to a successful conclusion. We fully
recognize that the nature of alternative service to be performed
is the responsibility of the Selective Service System. I
would be delighted to discuss our recommendations further
with you at your convenience,
With kind regard, I am
Sincerely,
Charles E. Goodell
Chairman
Mr. Byron V. Pepitone
Director
Selective Service System
1724 F Street, NW
Washington, D.C. 20435
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
TO:
Byron V. Pepitone
cc: Senator C.E. Goodell
Director
Selective Service System
FROM:
General Lewis W. Walt
Dr. Ralph Adams
Mr. James P. Dougovito
Colonel Harry Riggs
DATE:
August 1, 1975
SUBJECT:
Minority Report of the Presidential Cemency Board
on Alternate Service to be performed by applicants
to the Presidential Clemency Board
The above named Members of the Presidential Clemency Board unanimously
agree that:
A)
A month's alternate service as determined by the PCB, to
be accomplished by the applicant, is based on a minimum
of a forty-hour week. That is to say that; a three month's
alternate service assignment would be for a minimum working
period of four hundred and eighty (480) hours.
B)
The President wants a crisp, unwatered-down, effective
and creditable program of service to the public, accomplished
by the applicant in order to EARN his way back to a normal
position in our society.
c)
The administration of the alternate service program is entirely
the business and responsibility of the Director of Selective
Service.
D)
That a volunteer program for the applicants to perform
volunteer work, without pay, in their Community, could be
an effective way of accommodating those applicants who have
less than twelve months alternate service to perform.
However, there should not be any cut in the number of hours
they would be required to work. They would benefit by being
able to perform the service at a time of convenience to their
schedule so that they still could work at a regular job for
livelihood. They would also benefit in that the volunteer work
could be done in their Community so that travel would not be
a problem. Furthermore, volünteer work in their Community, to
earn their Pardon, would be good public relations for them
and for the President's Clemency Program.
Lewis Porafit
Family Kiggs adims
United States Department of Justice
Office of the Pardon Attorney
Washington, D.C. 20530
October 17, 1975
MEMORANDUM
TO:
Charles E. Goodell
FROM:
H. Neil Broder H Veit Bruter
GLRALD FORD LIBRARY
Acting Assistant Pardon Attorney
(Clemency Matters)
SUBJECT:
Transmittal of Presidential Clemency Board
Recommendations for Upgrading of Discharges
and Veterans' Benefits
An agreement has been reached in principle between H. Neil
Broder, Acting Assistant Pardon Attorney (Clemency Matters)
and the Department of Defense through Captain E. T. Boywid,
JAGC, USN, Office of the Assistant Secretary of Defense,
Manpower and Reserve Affairs (Military Personnel Policy), to
effectuate the select recommendations of the Presidential
Clemency Board to upgrade less than honorable discharges to
honorable discharges with entitlement to full veterans'
benefits. Additionally, the agreement contemplates that
for those cases for which no upgrade recommendation was made,
they will be forwarded with special commendation to the ap-
propriate service Discharge Review Boards. The open question
with respect to this agreement concerns the method of
transmittal.
Captain Boywid suggests, and I concur, that it would be most
appropriate, and in all probability insure a likelihood of
favorable action by the respective military departments, if
the Office of the White House Counsel would issue a letter
recommendation forwarding and commending the Board's select
recommendations to the Defense Department - either to the
Secretary of Defense or directly to the Secretary of the
respective military department. Since an agreement in prin-
ciple has been reached there appears to be no political
liability for the White House to offer this assistance.
BICENTENNIAL
1776-1976
Charles E. Goodell
- 2 -
October 17, 1975
Indeed, it would be an open and public expression of the
commitment to bind the nation's wounds in a total spirit
of reconciliation. Furthermore, the selected individuals
represent a class of individuals who have served their
country honorably and well both in the combat zone and at
home. As for the remaining applicants who did not receive
recommendations for upgrade, a letter memorandum specially
commending these cases to the appropriate Discharge Review
Boards would be sufficient.
I trust that this memorandum will be satisfactory for your
purposes. Please contact me if further information is
needed.
I sincerely thank you for your assistance.
HYDEMAN, MASON & GOODELL
1225 NINETEENTH STREET, N.W.
ARTHUR K. MASON
WASHINGTON, D.C. 20036
LEE M. HYDEMAN
TELEPHONE
HAROLD E. MESIROW
JOHN M. BURZIO
202 659-3650
JAMES T. LLOYD
JAMES H. HELLER
CHARLES E. GOODELL
CABLE ADDRESS
HASTEN
OF COUNSEL
ALGER B. CHAPMAN
ALEXANDER M. LANKLER
October 21, 1975
FORD & LIBRARY GERALD
Mr. Philip W. Buchen
Counsel to the President
The White House
Washington, D.C.
Dear Phil:
Enclosed is a copy of the memorandum I discussed with you
this morning, which I believe is self-explanatory.
With warm regards, I am
Sincerely,
CHARLES E. GOODELL
CEG/gk
Enclosure
HYDEMAN, MASON & GOODELL
1225 NINETEENTH STREET, N.W.
ARTHUR K. MASON
WASHINGTON, D.C. 20036
LEE M. HYDEMAN
TELEPHONE
HAROLD E. MESIROW
JOHN M. BURZIO
202 659-3650
JAMES T. LLOYD
JAMES H. HELLER
CHARLES E. GOODELL
CABLE ADDRESS
HASTEN
OF COUNSEL
October 21, 1975
ALGER B. CHAPMAN
ALEXANDER M. LANKLER
Mr. Philip W. Buchen
Counsel to the President
FORDS & 033470 LIBRARY
The White House
Washington, D.C.
Dear Phil:
Enclosed is a copy of my letter to the Director of Selective
Service stating the recommendations of the Presidential Clemency
Board with reference to alternative service. I also enclose
a copy of the Minority Report in which four members disagree
with our recommendations.
I should say that the 14 member majority of the Board felt
very deeply about this issue. Mr. Kauffmann and Mr. Carter feel
so strongly that they requested the opportunity to join me in
meeting with you on the issue. It is our feeling that because
a great number of our applicants must serve only three months
that they fall into a somewhat different category. We do not
wish individuals to quit their jobs and have their families
possibly go on welfare in order to do three months alternative
service.
It is my understanding that you wish to bring this issue
to a head through a meeting with Byron Pepitone, the three PCB
representativesand yourself. I think that is an excellent idea,
particularly since the issue must be resolved quickly if any
decision is to be effective.
With warm regard, I am
Sincerely,
CHARLES E. GOODELL
CEG/gk
Enclosures
HYDEMAN, MASON & GOODELL
1225 NINETEENTH STREET, N.W.
ARTHUR K. MASON
WASHINGTON, D.C. 20036
LEE M. HYDEMAN
TELEPHONE
HAROLD E. MESIROW
JOHN M. BURZIO
202 659-3650
JAMES T. LLOYD
JAMES H. HELLER
CHARLES E. .GOODELL
CABLE ADDRESS
HASTEN
OF COUNSEL
October 21, 1975
ALGER B. CHAPMAN
ALEXANDER M. LANKLER
FORD
Mr. Philip W. Buchen
Counsel to the President
GERALD
The White House
LIBRARY
Washington, D.C.
Dear Phil:
Enclosed is a copy of my letter to the Director of Selective
Service stating the recommendations of the Presidential Clemency
Board with reference to alternative service. I also enclose
a copy of the Minority Report in which four members disagree
with our recommendations.
I should say that the 14 member majority of the Board felt
very deeply about this issue. Mr. Kauffmann and Mr. Carter feel
so strongly that they requested the opportunity to join me in
meeting with you on the issue. It is our feeling that because
a great number of our applicants must serve only three months
that they fall into a somewhat different category. We do not
wish individuals to quit their jobs and have their families
possibly go on welfare in order to do three months alternative
service.
It is my understanding that you wish to bring this issue
to a head through a meeting with Byron Pepitone, the three PCB
representativesand yourself. I think that is an excellent idea,
particularly since the issue must be resolved quickly if any
decision is to be effective.
With warm regard, I am
Sincerely,
CHARLES E. GOODELL
CEG/gk
Enclosures