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Training Handbook (2)
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Training Handbook (2)
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Charles E. Goodell Papers
Presidential Clemency Board Subject Files
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President (1974-1977 : Ford). Presidential Clemency Board. 9/16/1974-9/15/1975
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The original documents are located in Box 10, folder "Training Handbook (2)" of the
Charles E. Goodell Papers at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Charles Goodell donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 10 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library
IID. Quality Control
II D
PREPARATION OF INDIVIDUAL CASE SUMMARIES
QUALITY CONTROL
Quality control checks draft
Summary typed in final form
Summary preparer checks final copy
Quality control rechecks
30 copies of each summary are distributed
PRESENTATION TO CLEMENCY BOARD
GERALD
FORD & LIBRARY
II-D-1
THE PRESIDENTIAL CLEMENCY BOARD
OLD EXECUTIVE OFFICE BUILDING
WASHINGTON, D.C. 20500
BOARD MEMBERS
PHONE: (202) 456-6176
Charles E. Goodell, Chairman.
Ralch W. Adams
lames P. Délupóvito
Robert H. Finch
Theodore M. Hesburgh. C.S.C.
Vernon L. bordan
James A. Maye
Anda Casanas O'Connor
Lewis W. Walt
January 15, 1975
MEMORANDUM FOR:
Case Attorneys and Secretaries
FROM:
Fred Hansen FH
SUBJECT:
Quality Control Unit - Responsibilities
The purpose of the Quality Control Unit is fivefold:
1. To ensure that all factual material included
in a case summary is accurate;
2. To ensure that all factual material included in
a mini-summary is accurate;
3. To ensure that there are no typographical, spelling
or grammatical errors in case summaries;
4. To ensure that there are no typographical, spelling
or grammatical errors in mini-summaries; and
5. To provide uniformity of style and structure for all
miní-summaries.
The purpose of Quality Control is not to be the correction service
for the case attorneys or the typists. The respective work pro-
duced by the case attorneys and the typist is presumed to be error
free.
To be able to facilitate the work of the Quality Control Unit it
would be helpful if the following steps are taken.
GERALD ? FORD
When a case summary has been completed by the case attorney it will
be typed, rough draft, double-spaced in the normal manner. Copy
will be returned to the case attorney for proofing. When proofed,
a copy will be made and copy, original and case file will
be given to the Quality Control Unit (my top In-Out mail box).
If any errors are discovered by the Quality Control Unit they and
the corrections will be discussed with case attorney. All errors
and corrections made by Quality Control will be left to stand
unless the case attorney can verify, from the file, the contrary.
At times, Quality Control will not be able to find verification
for certain facts from the file. In these cases Quality Control
will ask the case attorney for assistance in finding that verifica-
tion in the file.
Only those corrections which are spelling, typographical or gram-
matical will not be checked with the case attorney. All other
errors and consequent charges will be discussed with the case
attorney before the case goes to be typed into final form.
If no factual errors are found the case summary will proceed to
be typed into final form.
For everyone's information, a part of the checks made by Quality
Control will be to have Neil Broder check all military cases for
logical consistency relative to sentence, suspension, time served,
etc.
Once the case summary has been typed in final form, Quality Control
will check once more to ensure no errors before it is reproduced
and readied for Board action.
Procedures to assist Quality Control with mini-summaties will be
forthcoming shortly.
II-D-2
THE PRESIDENTIAL CLEMENCY BOARD
OLD EXECUTIVE OFFICE BUILDING
WASHINGTON, D.C. 20500
BOARD MEMBERS
PHONE: (202) 456-6476
Charles E. Goodell. Chairman
March 17, 1975
Ralph W. Adams
James P. Dougovito
Robert H. Finch
Theodore M. Hesburgh. C.S.C.
Vernon E. Jordan
James A. Maye
Aida Casanas () Connor
Lewis W. Walt
MEMORANDUM
TO:
QUALITY CONTROL TEAM
FROM:
FRED HANSEN
SUBJECT:
PROCEDURE FOR QUALITY CONTROL
When a case summary has been completed by the case attorney it
will be typed, double spaced, in the normal manner. Copy will be
returned to the case attorney for proofing. When proofed, a copy
will be made and both copy and original will be given to Quality
Control Unit. Case summary original draft and copy should be
attached to the complete case file.
A Quality Control Sign-Off Slip will then be attached to the case
summary original draft and will be initialed and dated by Quality
Control team leader. The Quality Control Unit will use the case
summary original draft copy as its work sheet. Quality Control
Unit will mark by check all facts to be verified.
Quality Control Unit will confirm all facts against file, circling
the check mark designating correct facts. For errors, lines will
be drawn from the check mark to the place where the correct answer
is written.
The copy with all facts marked and checked will then be returned to
the case attorney by the Quality Control Unit member responsible
for doing the checking. All errors will be discussed with the case
attorney. All corrections, additions and deletions suggested by
Quality Control will be left to stand unless the case attorney can veri
fy or otherwise convince the Quality Control team member that such
changes should not be made.
- 2 -
It is most important that any facts not able to be verified by the
Quality Control Unit must be verified by the case attorney to the
Quality Control Unit. Such verifications can come only from the
case attorney producing such facts from the file.
All corrections will then be entered on the case summary original
draft. Although the case attorney is responsible for correcting
all typographical, grammatical and spelling errors, these kinds of
errors should also be checked by the Quality Control Unit team
member handling the case. All corrections should likewise be noted
on the case summary original draft.
Relative to initial case summaries, Quality Control's purpose is not
to edit the summaries for stylistic reasons. Quality Control should
be concerned with style only when its quality is so poor as to make
it difficult to understand what is being written.
When all changes in the case summary have been made and agreed to
by the case attorney and the Quality Control team member, the
Quality Control Unit team member responsible for checking the case
summary should initial the Quality Control Sign-Off Slip and attach
this to the correct case summary original draft and the Quality Control
work sheet. This package should then be delivered to me. This
Quality Control Unit team member should refile the case file.
The corrected case summary is then reviewed by the team leader for
the Quality Control Unit and/or the Executive Secretariat. When this
review is completed the original draft will go to the typist for typing
in final form. The case attorney will then proof and have corrected
any errors contained in the finalized case summary. The Quality
Control work sheet, the corrected case summary and the Quality
Control Sign-off Slip will be returned to the team leader of Quality
Control.
Beyond checking the factual accuracy contained within the initial case
summary drafts, Quality Control needs to verify that each of the
following category of facts, when appropriate, are either contained
within the case summary or it is expressly stated that such informa-
tion is not available. In those special circumstances such as facts
needed for baseline computation or reasons for AWOL for individuals
who have served successfully in Vietnam, the case attorney will have
to make a special effort, beyond what is contained in the case file,
to obtain such information. The list of necessary categories of inform-
ation are as follows:
- 3 -
1. Total time served (post and pretrial confinement).
2. Alternate Service - -- if perform, if performed satisfactorily,
and length of Alternate Service.
3. Time served on probation or parole and if entire period satis-
factorily completed.
4. Current sentence.
5. Race.
6. Age.
7. Family background and environment.
8. Reason for going AWOL, missing movement, refusing induction
or not keeping draft board informed of current address.
9. Prior criminal convictions.
10. False statements to the Presidential Clemency Board.
11. Any use of force collaterally to AWOL, desertion or missing movement.
12. Desertion during combat.
13. Prior refusal to fulfill Alternate Service.
14. Violation of probation or parole.
15. Length of AWOL/UA (total time).
16. Offense.
17. Education and intelligence ratings (military or civilian) and
education level.
18. Personal and family circumstances at the time of the offense or
afterwards.
19. Mental or physical condition which helps explain offense.
- 4 -
20. Employment and other activities of service to the public since
conviction or discharge.
21. Service-connected disability, wounds in combat, or special
decorations and commendations.
22. Period of creditable military service.
23. Tours of service in the war zone.
24. Evidence of personal or procedural unfairness.
25. Denial of conscientious objector status on procedural, technical
of improper grounds.
26. How applicant came under military or civilian control - - surrender
or apprehension.
27. Behavior which reflects mental stress caused by combat.
28. Volunteering for combat or extension of service while in combat.
29. Military conduct and proficiency ratings.
30. Personal decorations for valor.
31. Any other major item included in the case summary, which will
probably influence the Board in their decision.
THE WHITE HOUSE
WASHINGTON
PRESIDENTIAL CLEMENCY BOARD
Old Executive Office Building
Room 460
Washington, D. C. 20500
Dear Sir:
Your application to the Clemency Board has been received. We
are sending to you some additional information which will help
you understand how we will review your case.
The most important thing that you should look at is the Initial
Case Summary. This is a brief statement of the facts of your
case and your personal background that has been made from your
military records. The summary has been enclosed so that you may
sce the main tool that the Board will use when we review your case.
Like the Board, you and your attorney may also see your entire
file.
Please read your summary very carefully. If anything in the
summary is wrong or if there is anything you want to explain,
please tell the Board. You may also inform the Board of any
other information that you think we should consider.
If you want
to write, please write soon. If we do not receive your comments
within twenty days from receipt of this letter, we may have to go on
with your case without them.
We have also sent to you the Instructions for preparing summaries.
This is what the Presidential Clemency Board gave to its lawyers
to tell them how to prepare your summary. We hope that it will
is
FORD
explain to you what each item on your summary means.
Please remember that there are certain facts in your summary
GERALD
that the Board will not consider because we do not consider them
relevant. In order to expedite the processing of your case, however,
we decided that substantially all the information from your file should
be included in the summary. Some of this information may be either
inaccurate or embarrasing to you. Your input, therefore, becomes
important if the Board is to consider those there concerning your
case which you believe are important.
- 2 -
The Board suggests that you have an attorney. If you would
like the name of an organization that would recommend to you
a free attorney, or if you have any questions about the summary
of the Presidential Clemency Board, please write or telephone us.
Presidential Clemency Board
White House
Washington, D. C. 20500
Phone: (202) 456-6476
Sincerely,
Charles E. Goodile
Charles E. Goodell
Chairman
Enclosures
IIE. Presentation to the Clemency Board
II E
QUALITY CONTROL
PRESENTATION TO THE CLEMENCY BOARD
Case # is called
Charge, sentence, status read
Preparer begins oral presentation of
salient facts in background
Circumstances of the offense
Additional salient factors not previously
related to the Board (letters, etc.)
Baseline determined
A&M considered
Board arrives at recommendation
FORD & LIBRARY GERALD
DISPOSITION
II-E-1
THE PRESIDENTIAL CLEMENCY BOARD
OLD EXECUTIVE OFFICE BUILDING
WASHINGTON, D.C. 20500
BOARD MEMBERS
PHONE: (202) 456-6476
Charles F. Goodell, Chairman
Ralph W. Adams
lames P. Dougovito
Robert H. Finch
Theodore M. Hesburgh. C.S.C.
Vernon E. Jordan
James A. Mave
March 13, 1975
Aida Casanas O'Connor
Lewis W. Walt
MEMORANDUM FOR:
Staff Attorneys
RDK
FROM:
Bob Kodak
SUBJECT:
Recurrent Problems with Case Presentations
Below you will find listed those problems discussed at the critique
sessions following the last Board meeting (March 6, 7 and 8). These
sessions will become a regular feature, so while you are attending
Board meetings please jot down. any problems you see arise and any
solutions you can suggest. The noticeable problems from this last
meeting were:
1. Letters from the applicant are being overlooked. You should
mark the pertinent parts and have the letter attached to the summary
to prevent fumbling through the file and wasting time. If no letter,
then state that fact.
2. For the future there will be no reference in summaries or oral
presentations to. Discharge Review Boards.
3. Aggravating and mitigating factor sheets should be filled out
beforehand, especially on upgrade cases.
4. Know the reasons for the AVOL -- even if it means writing or
calling applicant, or if he has an attorney, his attorney.
FORD
5. Baseline -- some people still are not sure on how to figure it
out. If you feel you fall into this category please see your team
leader.
GERALD
6. There have emerged two situations where full pardons are being
granted. They are to people who have successfully completed 24
months alternate service and those of the Quaker, Muslim or Jehovah's
Witness faiths. If you have one of these situations tell the Board
first thing so you don't have to waste time going through the entire
summary.
7. Don't read the case summary to the Board. Go through the back-
ground and hit the highpoints. Pinpoint the aggravating and miti-
gating factors as they appear in the background. Do the same for
the circumstances of the offense, plus go into more detail in this
portion of the summary.
8. For Selective Service cases with allegations or evidence of
procedural irregularities have all the facts down. Likewise for
Vietnam veterans.
9. If a case presents any unusual problems the case attorneys
should notify someone of problems well in advance, i.e., the team
leader.
10. Speak to entire Board when presenting a case, not just the
Chairman.
11. Allow the Chairman to determine the baseline, if possible, but
the case attorney should have it ready in case he is requested to
do it for the Board.
12. After the Board runs through the aggravating and mitigating
factors you should suggest those which, in your considered judg-
ment, you feel exist and can be supported by evidence in the file.
13. If you have a character letter to read to the Board please
preface your recitation by stating the author's station in life,
occupation, relation to applicant, etc., if that fact is known.
14. If your applicant has an Air Medal please tell the Board what
unit he served with, i.e., if not Infantry then Air Cavalry.
15. If you have an applicant who allegedly deserted in combat then
be ready to explain all the circumstances and factors of the AWOL.
IIF. Disposition
II F
PRESENTATION TO THE CLEMENCY BOARD
DISPOSITION
Recommendation to the President and
his determination
Disposition sheet distributed (baseline,
A&M factors, case computations)
A&M form updated and distributed
Best Address/Pertinent Information Form
review and updated and distributed
Notification of applicant by certified
mail
Whichever applicable:
Notification of Selective Service
(copy of applicant letter)
Notification of respective Armed
Service
Notification of Pardon Attorney
Notification of Federal Bureau of
Prisons and U.S. Board of Parole
Notification of Probation Services
FORD is LIBRARY GERALD
II-F-1
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
March 14, 1975
MEMORANDUM FOR:
GRETCHEN HANDWERGER
ROBERT KNISELY
DAVID HICKMAN
FROM:
RAY MITCHELL
SUBJECT:
Dissemination of Presidential Clemency
Board Decisions After Approval by the
President
To formulate a smooth and orderly flow of information in re decisions
of the Presidential Clemency Board subsequent to approval and announce- -
ment of these decisions by the President, I have undertaken to outline
below the present procedure as I know it. Since this process is presently
being performed by several personnel on an ad hoc basis, I suspect the
information here outlined is somewhat incomplete and less than totally
accurate. Copies of this outline will be furnished to Gretchen Handwerger
and Bob Knisely for review and suggestions. After review by the afore-
mentioned staff members, it is recommended that the procedure be finalized
in a written standard operating procedure (SOP).
I.
General Procedure Subsequent to Board's Decision:
A
"Disposition Sheet"
GERALD R. FORD
Thomas O'Hare has the responsibility of completing a
"disposition sheet" of Board decisions at the end of each
meeting day. The disposition sheet shall include the PCB
-2-
case number, base line, aggravating and mitigating factors,
decision, PCB case attorney, and any other special notes
relevant to a particular case. The information contained
in such disposition sheet shall be verified with the notations
maintained by Gretchen Handwerger and Chairman Goodell.
Copies of the disposition sheet shall be furnished to Ray
Mitchell for distribution to PCB case attorneys and the
records section no later than two (2) working days after the
last day of a Board meeting. Such disposition sheets are to
be utilized by the PCB staff to verify records, maintain PCB
attorney case dockets, and complete the various forms dis-
cussed below.
B. "Aggravating and Mitigating Forms"
Upon distribution of the disposition sheet, Ray Mitchell is
responsible for ensuring that a separate form, in duplicate,
listing aggravating and mitigating factors (A & M), is typed
for each case on which the Board rendered a final decision
at its last meeting. Upon typing, these forms shall be
distributed to the staff team leaders and subsequently to each
PCB case attorney for verification. After such verification,
the PCB attorney shall sign each A & M form and return one
copy to the appropriate team leader for return to Ray Mitchell.
The second copy will be placed in the applicant's case file to
- -3-
be maintained therein. Utilization of such forms thereafter
is discussed below.
C. "Best Address/Pertinent Information Forms"
1. The PCB case attorney is responsible for completing
"Best Address/Pertinent Information Forms" (BA-PI),
in duplicate, for each applicant at the time of the
drafting of the initial case summary. Such forms shall
be placed in each file when a summary has been completed.
Blank copies of such forms shall be supplied to staff
team leaders for distribution to PCB case attorneys by
Ben Benson.
2. Upon receipt of the "disposition sheet, " as discussed
above, each PCB attorney shall immediately review the
accuracy of the BA-PI form for each case on which the
Board rendered a decision during the past meeting.
Such review shall include recording of the Board deci-
sion in the applicable space provided on the BA-PI
forms. One copy of the BA-PI form shall be returned
to the case file to be maintained therein. The PCB
GEAAL it. FORD
attorney shall give second copy of the BA-PI form to
his team leader. The team leaders are responsible
for ensuring that a complete and accurate copy of the
-4-
of the BA-PI form for each decided case is
furnished to Ray Mitchell.
NOTE: Should PCB case attorneys become aware during the
aforementioned process of any reason that necessitates with-
holding a case from presentation to the President, it is incum-
bent on such attorney to notify Gretchen Handwerger immediately.
II.
Notification Procedure:
A. Individual Applicants
The applicant is notified of the decision of the Presidential
Clemency Board via a letter drafted by Gretchen Handwerger.
It is my understanding that the notification letter is standard-
ized and contains basic information about the Board's deci-
sion and what the applicant is expected to do. I believe the
letter is sent to the applicant by certified mail, return receipt
requested. 11 Xerox examples of such letter should be attached
to the SOP.
B. Selective Service (Notification to the Selective Service should
be sent to the attention of Mr. Barber)
Col. Benson has informed me that no notification or other
information need be sent to the Selective Service for those
applicants receiving immediate pardon. For those applicants
who are required to fulfill a period of alternate service as a
-5-
condition of receiving a pardon, the Selective Service is
apprised of the Presidential Clemency Board decision by
way of copies of the notification letters which are sent to
the applicants. From such copies the Selective Service
may obtain the name and address of the applicant, the
Presidential Clemency Board decision, and the length of
the alternate service required.
C. The Respective Armed Services
By a memorandum from Col. Benson dated February 3,
1975, I was informed that the respective Armed Services
should be notified of the Board decisions concerning appli-
cants who were discharged under their auspices. To my
knowledge, this is not now being done. According to Col.
Benson, the process should be as follows:
1. When the Clemency Board reaches a decision on
a case, the respective Armed Service is notified
by the Board by forwarding a copy of the Board's
decision to that Service. No further action is
required by the Board.
2. The respective Armed Service will automatically
issue a Clemency Discharge Certificate upon receipt
of certification from the Selective Service System that
GERALD
the individual concerned has completed his alternate
service.
-6-
3. In cases where the Board grants an outright
Pardon, the respective Service will issue
appropriate certification automatically upon
receipt of a copy of the Board's action.
The respective Service shall be notified at the
following addresses:
ARMY
Commander
Reserve Components Personnel and
Administration Center
ATTN: AGUZ-PSD
9700 Page Boulevard
St. Louis, Missouri 63132
NAVY
Chief
Bureau of Naval Personnel (Pers 83)
Department of the Navy
Washington, D.C. 20370
AIR FORCE
Air Force Military Personnel Center
DPM DOP3
Randolph AFB, Texas 78148
MARINE CORPS
Headquarters
United States Marine Corps
Code: MM
Washington, D.C. 20380
D. United States Pardon Attorney (Attention: Ms. Kathryn
Burnup, Staff Assistant, Office of the Pardon Attorney)
The information needed by the Pardon Attorney is as
follows:
-7-
Name of applicant; District Court of conviction
for draft evaders or branch of Service for
military offenses; date of conviction; date of
approval by the President; and a copy of master
warrant.
The present procedure utilized by the Pardon Attorney is
to send the aforementioned information along with the
master warrant to the Department of Justice for the
official seal. The master warrant list is then returned
to us. Presently the Pardon Attorney is assuming no
additional duties in this process. I request that we
endeavor to convince the Pardon Attorney to process our
cases as he does other cases of individuals who are routinely
pardoned. This would include the additional duties of notifying
individuals (i.e., notifying the individual and his attorney
and sending the copy of the master warrant; notifying the
FBI so that the pardon will be reflected in the files; notifying
the U.S. Attorney in civilian cases; or the appropriate
military branch of service in military cases). It should be
emphasized that the aforementioned notification is not now
being performed by anyone and if we cannot convince the
Pardon Attorney to do this, we will be required to notify
these individuals and agencies ourselves.
-8-
E. Department of Justice
Aside from the FBI mentioned above, interested agencies with-
in the Department of Justice are the U.S. Board of
Parole and the Bureau of Prisons. It is imperative that
the Federal Bureau of Prisons be notified of the Board
decisions on cases of furloughees. No decision of the
Board has yet resulted in less than commutation of the
sentence of a furloughee. Accordingly, the Federal Bureau
of Prisons must be notified so that they will be aware that
such furloughees are no longer within their jurisdiction.
This notification should be sent to Mr. Norman Carlson,
Director, Federal Bureau of Prisons. Likewise, the U.S.
Board of Parole should be advised of the decisions as to
those applicants who are under supervision. This notifica-
tion should be sent to Mr. Joseph Barry, General Counsel,
U.S. Board of Parole.
F. The Administrative Office of the U. S. Courts
The U. S. Probation Services which is an agency of the
Administrative Office of the U. S. Courts must be apprised
of all Board decisions affecting applicants who are under
probation supervision. Presently, the notification letter
to the applicants instructs them to notify the probation
supervisor of the Board's decision. The supervisor can
-9-
then verify the Board's decision through the probation
services in Washington, D. C. Notification of the Board's
decision should be sent to Mr. Mike Keenan, U. S. Probation
Services, Washington, D. C.
is
FOR
GENALD
II-F-2
B Attorney:
PCB Case Number (in full):
Disposition of case
Name of applicant (in full; last name first)
LAST
FIRST
MIDDLE
Best address:
(include
zip code)
Other address (if listed):
(include zip code)
Best telephone number (with area code):
ther telephone numbers (if any with area code):
(identify)
Attorney (if any):
Law Firm name (if any):
Attorney address (if any):
(include zip code)
Attorney telephone number (with area code).
Branch of Service (If Military)
District Court of Conviction (If Civilian)
Date of Conviction
Is applicant now on parole or probation?
If so, give name and address of supervisor
If a Senator or Congressman is to be informed of disposition of case, give
name and address.
REMARKS (especially if pertinent to contacting applicant ither by phone or mail):
II-F-3
1
PRESIDENTIAL CLEMENCY BOARD
THE WHITE HOUSE
WASHINGTON, D.C. 20500
SUMMARY OF DECISION
In deciding how many months of alternative service you must do to receive your
pardon, the Presidential Clemency Board made the following calculation:
Starting Point
24 Months
Less Three Times
Months Served in Prison
-
Months
Less Alternative Service Performed if Entire Period
Satisfactorily Completed
9
Months
Less Time Served on Probation or Parole if Entire
Period is Satisfactorily Completed
-
Months
BASELINE
Months
Judge's Sentence to Imprisonment as Reduced by Competent
Authority, which is the Baseline
if Less Than the Above Figure
Months
Minimum Baseline
3 Months
Final Baseline for Determining the Period of Your
Alternative Service
Months
The factors marked with an "X" below were used by the Board to decide whether
to increase the period of your alternative service:
(1).
Prior criminal convictions
(2).
False statement to the Presidential Clemency Board
(3).
Use of force collaterally to AWOL, desertion, or missing movement
(4).
Desertion during combat
(5).
Evidence that you committed your offense for obviously manipulative
and selfish reasons
(6).
Prior refusal to fulfill alternative service
(7).
Violation of probation or parole
(8).
Multiple AWOL/UA offenses
(9).
Length of AWOL/UA
None of the above
The factors marked with an "X" below were used by the Board to decide whether
to decrease the period of your alternative service:
(1).
Lack of sufficient education or ability to understand your obligations
under the law
(2).
Personal and family circumstances either at the time of your offense
or afterwards
(3).
Mental or physical condition
(4).
Employment and other activities of service to the public since your
conviction or military discharge
(5).
Service-connected disability, wounds in combat, or special decorations
and commendations
(6).
Period of creditable military service
(7).
Tours of service in the war zone
(8).
Substantial evidence of personal or procedural unfairness
(9).
Denial of conscientious objector status on procedural, technical,
or improper grounds
(10).
Evidence that you acted for conscientious, not for manipulative or
selfish reasons
(11).
Voluntarily submitted yourself to authorities
(12).
Behavior which reflects mental stress caused by combat
(13).
Volunteering for combat, or extension of service while in combat
(14).
Above average military conduct and proficiency
(15).
Personal decorations for valor
None of the above
Based on these factors, the Board's decision is that your
month baseline
should be
.
Therefore, you will be
granted your pardon after you perform
months of alternative service.
Case Number
Staff Attorney
III. Legal Information
III A
November 21, 1974
MEMORANDUM TO:
The Presidential Clemency Board
FROM:
H. Neil Broder
Staff Attorney
SUBJECT:
Overview of Militarv Justice
The purpose of this memorandum is to provide an overview of
the court-martial system. In order to facilitate the Board's under-
standing, the following model case will be traced from its inception
through ultimate appellate review.
Private First-Class John F. Ames, 012 34 5678,
attached to Headquarters, Service Battalion, Fort
Fentagon, Washington, D. C., absented himself without
authority on 1 September 1963. Cn 1 October 1968 he
was administratively declared a deserter and dropped
from the unit rolls. On 1 June 1972 Private Ames
surrencered to military control. He was tried and con-
victed pursuant to his nlea by general court-martial and
sentenced to a dishonorable discharge, confinement at
hard labor for 12 months, total forfeitures and reduction
to pay grade E-1. The convening authority aporoved
the sentence but reduced the confinement portion to 10
months. The U. S. Army Court of Military Review
affirmed the conviction and approved only so much of
FORD
the sentence as extends to a bad conduct discharge,
&
confinement at hard labor for 8 months, total for-
feitures for S months and reduction to pay grade E-1.
GERALD
LIBRARY
Ames has filed a petition for a grant of review before
the U. S. Court of Military Appeals.
- 2 -
For purposes of discussion court-martial jurisdiction is assumed.
Areas of especial interest to the Board's review of military appli-
cants will be highlighted.
1. Ames surrenders: AWOL charge preferred
Any possible disciplinary/administrative action against
Private Ames will be initiated by a review of his service records.
Therein entries monitor his total activities. Properly executed
entries should reflect (1) the assumption of a status of unauthorized
absence on 1 September 1963, (2) an administrative desertion separ-
ation on 1 October 1963, and (3) a surrender to military control on
1 June 1972. Based upon this information an investigation will be con-
ducted to determine if sufficient evidence exists to warrant the pre-
ferral of charges. Preferral of charles is the military term of art
which describes the act roughly equivalent to the filing of a criminal
complaint. Prosecutions for AWC L are usually predicated upon ser-
vice record entries.
Given sufficient evidence for preferral, an individual known as
an accuser will sign and swear to a charge of ANOL against Private
Ames. The formal written accusation consists of two parts. the tech-
nical char 10 and the specification. The charge and specification
lodged against Private Ames will appear as follows:
Charge: Violation of the Uniform Code of
Military Justice, Article 86.
Specification: In that Private First-Class
John R. Ames, U. S. Army, Headquarters,
Service Battalion, Fort Pentagon, Washington,
D. C., did, on or about 1 September 1963,
without authority, absent himself from his
unit, to wit: Headquarters, Service Battalion,
located at Fort Pentagon, Washington, D.C.,
and did remain 30 absent until on or about
1 June 1972.
The charge will then be incorporated in a document known as the charge
sheet.
- 3 -
2. Formal disposition: Trial by Court-Martial
Once preferral has occurred, the charge is subjected to a
preliminary inquiry to determine its formal disposition. It is at this
time that a decision for non-judicial punishment (NJP), judicial
punishment (court-martial), administrative action or no action at all
will be made. Charges that are trivial, do not state offenses, are
unsupported by available evidence and/or are outweighed by sound
reasons ior not punishing the accused are dismissed. If the offense
is minor the accused's immediate commanding officer may impose
non-judicial punishment. The term minor includes misconduct not
involving any greater degree of criminality than is involved in the
average offense tried by summary (the lowest level of) court-martial.
This term ordinarily does not include misconduct of a kind which, if
tried by general (the highest level of) court-martial, could be punish-
able by a dishonorable discharge and/or confinement at hard labor
for more than one year.
If trial by court-martial is deemed appropriate, as would in
all likelihood be the case with Private Ames, the charge would be for-
warded through the chain of command to the officer exercising summary
court-martial jurisdiction over the command of hich Ames is a member.
Before the charge is forwarded Ames will be informed thereof and he
will be requested to so indicate on the charge sheet. The charge sheet
will also contain a notation if Ames had been permitted, but has elected
to refuse, non-judicial punishment. Charges such as the one lodged
against Ames which would be tried in all probability by either special
or general court-martial, will be forwarded by a letter of transmittal
to include (1) a summary of the evidence expected from any source,
(2) all available documentary evidence, (3) evidence of admissble
prior convictions by court-martial; (1) an explanation of any unusual
features of the case, and (5) a specific recommendation as to disposition.
In determining at which level of court-martial Ames should be
tried, the officer exercising summary court-martial jurisdiction should
consider Ames' character and prior service, as well as all information
pertinent to the charge. If it is determined that the offense is so serious
FORD & LIBRARY GERALD
that, if convicted, Ames should be punitively separated from the ser-
vice (dishonorable or bad conduct discharge), then he must be referred
to that level of court-martial authorized to award such a discharge.
- 4 -
A general court-martial may adjudge any punishment not forbidden
by the Uniform Code of Military Justice. For the Board's purposes,
this authority generally includes dishonorable and bad conduct dis-
charges, confinement at hard labor not to exceed three years (legal
desertion terminated by apprehension), not to exceed one (1) year
(AWOL in excess of 30 days), total forfeitures and reduction to the
lowest enlisted pay grade. A special court-martial may adjudge any
punishment not forbidden by the Code except death, dishonorable dis-
charge, confinement at hard labor in excess of six months, and for-
feiture of pay exceeding two-thirds pay per month for six months.
For the Board's purposes, a summary court-martial cannot adjudge
death, either type of punitive discharge, confinement at hard labor
in excess of one month and forfeiture of pay exceeding two-thirds pay
per month for one month, among other punishments. In all cases
the jurisdiction of courts-martial is entirely penal and disciplinary.
There is no power to adjudge the payment of damages or to collect
private debts.
3. Charge referred to a General Court-Martial
Following preferral, investigation and a tentative decision
to try Aines by court-martial, the charge must be referred to a duly
established court-martial. Referral of charges is the military term
of art which describes the act roughly equivalent to the decision to
prosecute. Referral is accomplished by means of an endorsement on
the charge sheet. When referral occurs the endorsement will refer
specifically to the convening order giving existence to the court-martial.
Courts-martial are creatures of statute. They are formally
created by a convening order issued by an individual known as the
convening authority. A convening order designates the kind of court
(for Ames, probably a general court-martial), the time and place it is
to meet, a military judge, court members and qualified lawyer counsel
to represent both the government and accused such as imes. Court
reporters are also detailed, but they are not listed on the convening
order. An enlisted man such as Ames may be tried by a court com-
posed of at least one-third enlisted personnel. Jurisdictional court
member minimums for a general court-martial and a special court-
martial are 5 and 3, respectively.
⑉ 5 -
Ames will be referred to either a general or a special court-
martial. Before such referral, however, certain basic considerations
must be met. Among the more relevant ones for the Board's review
are that no charge may be referred to a general court-martial until
(1) a formal investigation, roughly equivalent to a grand jury proceed-
ing. has been conducted, and (2) the investigation has been considered
and reviewed by the staff judge advocate (legal counsel) to the conven-
ing authority. Assuming compliance with these fundamental considera-
tions, Ames can be referred properly to a general court-martial. It
should be noted that Ames can waive his right to this formal investi-
gation in which event the charge could be referred immediately to a
general court-martial. In view of the length of Ames' ANCL, the
jurisdictional punishment limitations of a special court-martial and
the prima facie case established by the service record book entries,
trial by general court-martial seems likely.
4. Ames tried by General Court-Martial: convicted
pursuant to his plea; sentenced to a Lisnonorable
Discharge, continement at hard labor 12 months,
total forfeitures, reduction to pay grade F-1 rivate).
Once referral has been accomplished a trial date is set. At
an accused's election he may be tried by judge and court members or
judge alone. Court-martial proceedings are divided into two distinct
phases. During the findings stage the ultimate issue of guilt or inno-
cence is determined and during the sentencing stage the quantum of
punishment is decided. The Manual for Courts-Martial (procedure
established by the President) sets forth rules of evidence and all other
matter pertinent to courts-martial. An accused in the military is
accorded a panoply of rights, including all constitutional rights not
expressly inapplicable to the military. The Board should be aware
that it is usually during the sentencing stage that an accused will pre-
sent the circumstances surrounding his offense -- this case an AWCL.
This is known formally as an accused's case in extenuation and miti-
gation. The government's case at this stage is denominated as the
case in aggravation. An accused may present his version of events
in either a sworn or unsworn statement. The maximum imposable
&
FORD
punishment is set by the level of court-martial and the Table of
Maximum Punishments, the latter being a formal standard estab-
GERALD
LIBRARY
lished by the President.
- 6 -
5. Convening authority approves sentence but
reduces confinement at hard labor to 10 months.
Following the trial the record is authenticated by the military
judge. Non-verbatim and unauthenticated records will not support the
imposition of a punitive discharge. Additionally, special courts-martial
cannot award a bad conduct discharge unless a military judge has been
detailed and qualified counsel represents the accused. Courts failing
to meet this standard are known as 'non-BCD specials". After authen-
tication, the record of trial is forwarded to the convening authority
for non-judicial review. There will be only one level of non-judicial
review for general courts-martial. There may be two levels of non-
judicial review for special courts-martial depending upon the branch
of service. In any event. the non-judicial reviewing officers (the
convening authority and the officer exercising general court-martial
jurisdiction) may approve only such findings of guilty and the sentence
or such part or amount thereof, as they find correct in law and in fact
and as they in their discretion determine hould be approved. Simply
stated, they can disapprove the findings and/or the sentence for any or
no reason. Such wide discretion may amount, in part, for the signifi-
cant reductions of original sentences awarded to some of the military
applicants.
Critically important for the Board's edification is the standard
by which the non-judicial reviewing officers determine what sentence
should be approved. Generally speaking, a sentence should be approved
which is warranted by the circumstances of the offense and the previous
record of the accused. Appropriate action should be taken to approve
a less severe sentence when, even though legal, it appears unneces-
sarily severe. Whether the maximum or a lesser sentence should be
imposed depends upon a consideration of all facts and circumstances,
regardless of the stare of the trial at which they were established.
Accordingly, evidence of other offenses or acts of misconduct which
were properly introduced may be considered, as well as evidence
properly introduced respecting the character of the accused and the
number and character of any previous discharges and convictions.
A guilty plea is a mitigating factor. Dishonorable discharges are re-
served for those who should be separated under conditions of dishonor,
after having been convicted of an offense usually recognized by the
civil law as a felony, or of offenses of a military nature requiring
severe punishment. A bad conduct discharge is a punishment designed
- 7 -
for bad conduct rather than as a punishment for serious offenses of
either a civil or military nature. It is an appropriate punishment
for an accused who has been convicted repeatedly of minor offenses
and whose punitive separation seems necessary. The nature and
duration of any pretrial restraint should also be considered. Unless
a non-judicial reviewing officer indicates otherwise, approval of any
part of the sentence constitutes approval of the findings of guilty.
6. Execution of Ames' sentence
A non-judicial reviewing officer can order execution of a
sentence at the time he approves it, unless it involves a general or
flag officer, a sentence of death or dismissal, or an unsuspended
sentence of dishonorable discharge, bad conduct discharge or confine-
ment at hard labor íor one year or more. Similarly, a sentence ex-
tending to a suspended punitive discharge can be executed only to the
extent of punishments other than the discharge. Those last conditions
are relevant for the Board's revie as many of the military applicants
have adjudged or approved but unexecuted punitive discharges, while
others have adjun ed, approved and suspende punitive discharges.
After final approval by the non-jucicial rei ie officer(s), the record
of trial is forwarded to the appropriate Judge Advocate General for
judicial review by the Courts of Military Review and, in some cases,
by the United States Court of Military Appeals.
7. U. S. Army Court of Military Peview affirms Ames'
conviction and abroves only 30 much On the sentence
as extenus to a bad cont act discarre, confinement
at hard labor for 3 months, total forfeitures for 3
montus, ano reduction to pay grace C-1.
Review by the Court of Military Feview is a matter of right in
most cases. In those special courts-martial where a bad conduct
discharge is not adjudged, the case is reviewed in the office of the
&
FORD
appropriate Judge Advocate General. Accused are assigned free
appellate counsel. This first level of appellate judicial review is most
GERALD
significant as the Courts of Military Review decide not only legal
LIBRARY
questions, but they are also empowered to redetermine facts and to
review the propriety of sentences. In this regard, the military appel-
late courts are quite different from their counterparts in the federal
civilian system.
- 8 -
8. Ames files petition for a grant of review before
U. S. Court of Military Appeals.
In most cases, review by the U. S. Court of Military Appeals
is a matter of discretion. All cases in which the sentence, as affirmed
by a Court of Military Feview, affects a general or flag officer or
extends to death, and all cases reviewed by a Court of Military Review
in which the appropriate Judge Advocate General orders review, must
be reviewed by the Court of Military Appeals. The overwhelming
majority of the cases before the Board appear to fall within the dis-
cretionary review category. An accused must petition the high military
court in order to obtain further appellate review. Unlike the Courts
of Military Review, the Court of Military Appeals cannot redetermine
the facts. It is bound by the record as it comes before it. its deci-
sions are final. Given certain constitutional claims, accused may seek
relief in the federal district courts. There is no direct appeal from the
Court of Military Appeals to the U. S. Supreme Coart.
No sentence extending to death or involving a general or flag
officer may be executed until affirmed by both a Court of Military
Review and the Court of Military Appeals and approved by the
President. No sentence extending to a dishonorable or bad conduct
discharge, whether or not suspended, may be executed antil affirmed
by a Court of Military Review and, in cases reviewed by it, the Court
of Military Appeals. This latter condition upon execution is also
applicable to those sentences extending to unsuspended confinement
at hard labor for one year or more.
9. In the event Ames' petition for review is denied,
his sentence will be executed and he will be
separated from the Army with a Bad Conduct
Discharge. Forfeitures withheld will revert to
the Government. In all likelihood Ames' sentence
to confinement will have been served completely
by the time the Court of Military Appeals acts
upon his petition.
- 9 -
The following chart illustrates the general parallels between
the court-martial system and the federal civilian criminal system:
Level of
Civilian Criminal
Proceedings
Courts-Martial
(Federal System)
TRIAL
General court-martial
Special court-martial
Federal District
Summary court-martial
Court
(Non-judicial punishment;
not truly a trial)
NON-JUDICIAL
Convening Authority
REVIEW
Officer exercising General
Court-Martial jurisdiction
JUDICIAL
Court of Military Feview
Circuit Courts
REVIEW
(as of right)
of Appeal
(appeal must be filed)
U. S. Court of Military
U. S. Supreme Court
Appeals
1. direct appeal in
1. as of right
some cases
2. petition for a grant
2. petition for a writ
of review
of certiorari
FORD & LIBRARY GERALD
III -
ISSUANCE AND REVIEW OF DISCHARGES FROM THE ARMED FORCES
There are two categories of discharges used in separating persons from the
military service, i.e., punitive discharges and administrative discharges.
The two types of punitive discharges are the Dishonorable Discharge and the
Bad Conduct Discharge. Punitive discharges may only be issued when ad-
judged by a court-martial upon conviction of a violation of the Uniform Code
of Military Justice.
Pursuant to Article 56 of the Uniform Code of Military Justice, 10 United
States Code 856, the President has designated those specific offenses which
may warrant a Bad Conduct or Dishonorable Discharge A Lsting of those
offenses can be found in the Table of Maximum Punishments, paragraph 127c
of the Manual for Courts-Martial, United States (1969). An examination of
that Table will reveal that the offenses upon conviction of which a court-martial
may adjudge a punitive discharge are not those which are normally considered
"minor."
Under Article 66 of the Uniform Code of Military Justice, 10 United States
Code 866, every trial by court-martial in which the sentence extends to a
Bad Conduct or Dishonorable Discharge must be reviewed by an appellate
court, the Court of Military Review. Under article 67 the recipient of such a
discharge may petition the Court of Military Appeals for further review.
There are three basic types of administrative discharges: Honorable, General,
and Undesirable. Issuance of these three types is governed by the provisions
of Department of Defense Directive 1332. 14, "Administrative Discharges."
A general statement of Department of Defense policy with regard to adminis-
trative discharges is found in Section V.A. of that Directive, which states:
"The Armed Forces have the right and the duty to separate from the service
with an appropriately characterized discharge certificate members who
clearly demonstrate that they are unqualified for retention. At the same time.
such members have rights which shall be protected. Each of the military
services has adopted detailed regulations which implement this policy and
the procedures contained in the Department of Defense Directive.
The general standards for determining the type of administrative discharge
an individual should receive are set forth in Section VI of Department of
Defense Directive 1332. 14. An Honorable Discharge is a separation with
honor, the receipt 'of which is "conditioned upon proper military behavior
and proficient performance of duty with due consideration for the member's
age, length of service, grade and general aptitude. " A General Discharge
is a separation under honorable conditions which will be issued "when a
member's military record is not sufficiently meritorious to warrant an
Honorable Discharge as prescribed by the regulations of the service con-
cerned. An Undesirable Discharge is an administrative separation from
the service under conditions other than honorable which "may be issued for
misconduct, unfitness, or security reasons. " These standards have been
defined in much greater detail in the regulations issued by the individual
services.
Section VII of the Department of Defense Directive lists 11 general grounds
upon which a member may be administratively discharged from the Armed
Forces: Expiration of enlistment or fulfillment of service ouligation, con-
venicnce of the government, resignation-own convenience, dependency or hard-
ship, minority, disability, unsuitability, security, unfitness, misconduct, and
resignation or request for discharge for the good of the service. An Honor-
able or, when appropriate, General Discharge may be issued for any of these
reasons. The issuing authority for a General Discharge is the Commander
exercising Special Court-Martial jurisdiction over the individual, or higher
authority.
An Undesirable Discharge may only be issued to an individual who is separated
for security reasons, unfitness, or misconduct, or who requests discharge
in lieu of trial by court-martial for an offense which could lead to a punitive
discharge. The issuing authority for an Undesirable Discharge is the Com-
mander exercising General Court-Martial jurisdiction over the individual,
or a general officer in command with a judge advocate on his staff, or higher
authority.
Under Section VII.J. of the Department of Defense Directive, there are
three instances in which a serviceman may receive an Undesirable Discharge
on grounds of "misconduct": (1) when he is convicted by civil authorities of
an offense which involves moral turpitude or which is punishable under the
Uniform Code of Military Justice by death or confinement for more than one
year, or (2) when he has procured a fraudulent enlistment or induction through
deliberate material misrepresentation, omission or concealment, or (3) when
he has been continually absent without authority for one year or more. Under
Section VII. of the Directive, a member may receive an Undesirable Dis-
charge on the grounds of "unfitness" for frequent involvement of a discreditable
nature with civil or military authorities, sexual perversion, drug abuse, an
established pattern of shirking, an established pattern showing dishonorable
failure to pay just debts, an established pattern showing dishonorable failure
to support dependents or comply with court orders concerning support of
dependents, and unsanitary habits.
2
The Department of Defense is aware that servicemen who have received
Undesirable Discharges may encounter difficulty in securing civilian employ-
ment. For this reason, the Department has adopted policies and procedures
which are designed to protect the interests of the individual and prevent the
issuance of undeserved Undesirable Discharges. These procedures are set
forth in Section VIII. of Department of Defense Directive 1332. 14. It should
be noted that the Directive provides that: "No member shall be discharged
under conditions other than honorable unless he is afforded the right to pre-
sent his case before an administrative board with the advice and assistance
of counsel and unless such discharge is supported by approved board findings
and an approved board recommendation for undesirable discharge. The
rights which a serviceman has before such a board are listed in Section IX. C.
of the Directive. These include the rights to appear in person before the
board (with or without counsel), challenge members of the board for cause,
request the appearance of witnesses, submit statements and depositions,
and question any witnesses that appear. The only occasions when a member
loses his right to a board hearing before receiving an Undesirable Discharge
is when he "is beyond military control by reason of prolonged unauthorized
absence, resigns or requests discharge for the good of the service, or waives
his right to board action in writing."
After an individual has received an other than Honorable Discharge, he may
seck to have it changed by applying for relief before either, or both, of two
administrative review boards. Pursuant to 10 United States Code 1553, the
Secretaries of each of the Military Departments have established discharge
review boards which, except for cases involving a discharge which "resulted
from the sentence of a General Court-Martial, " may "change a discharge or
dismissal, or issue a new discharge." A former serviceman can apply to
such a board for relief at any time up to 15 years from the date of his discharge.
Although an individual may appear before the discharge review board if he so
desires, personal appearances are not necessary to accomplish remedial
relief. The discharge review board will determine whether the discharge
was equitable and properly given. is it does not so find, it will change the
character of the discharge.
In addition to the administrative discharge review boards established under
10 United States Code 1553, each of the Military Departments has also estab-
lished a board for the correction of military records under 10 United States
Code 1552. These boards have broad powers to recommend to the Secretary
conce med a change in an individual's military records, including his discharge.
to correct an inaccuracy or to cure an injustice.
As a related matter, it should be noted that a former serviceman who is not
entitled to have his discharge changed by either of these administrative
review boards may still be able to obtain some relief under Public Law 89-690.
approved by President Johnson on October 15, 1966. By virtue of this law,
3
a person who receives an Undesirable, Bad Conduct, or Dishonorable Dis-
charge from the military service can apply to the Secretary of Labor for the
issuance of an Exemplary Rehabilitation Certificate based on proof of at least
three years of successful rehabilitation and exemplary conduct in civilian
life subsequent to discharge. Issuance of the Certificate does not operate to
change the character of a discharge from an armed force or to restore any
veterans' benefits lost thereby, but it does qualify the recipient for certain
job counselling and employment placement assistance administered by the
Department of Labor and provides tangible proof of rehabilitation. A detailed
description of this program may be found at 29 C.F.R. 26. 1-26.7.
III-C
THE PRESIDENTIAL CLEMENCY BOARD
OLD EXECUTIVE OFFICE BUILDING
WASHINGTON, D.C. 20500
BOARD MEMBERS
PHONE: (302) 1:6-1
Charles E. Goodell. Charman
Ratnit W. Adams
November 21, 1974
fames P. Domeovito
Robert 11. Finch
Therdore M. Hesburgh. C.S.C.
Vern a E. Jordan
James A. May
Anda Casanos O'Connor
Fewis W. W318
MEMORANDUM FOR: PRESIDENTIAL CLEMENCY BOARD
FROM: LEGAL STAFF
SUBJECT: BRIEF EXPLANATION OF TERMS, ACRONYMS, AND
ABBREVIATIONS FOUND IN APPLICANT FILES FROM THE
MILITARY SERVICES
The following synopsis of records terminology is submitted
for your information:
a. ALNAV 83 - Found in upper right corner of case summary,
it designates a message/telegram sent by the Secretary of
the Navy to all Navy/Marine Corps commands which outlined
the Presidential Clemency Program and authorized the release
from confinement of qualifying Marine/Navy prisoners.
b. GCT - The marine Corps' rough equivalent of IQ similar
to the Federal Beta IQ score. A GCT of 90-110 is within the
average range. The letters stand for General Classification
Test score and the figure is formed by averaging three test
scores; verbal, arithmetic, pattern analysis, of a battery
of several tests given to Marine recruits. This test series
is to be distinguished from that initially given to all
armed services recruiting applicants which is called the
Armed Forces Qualification Test (AFQT) and embodies a different
measure of relative intelligence.
c. Pro & Con marks - Stands for Proficiency and Conduct marks
which are the means by which Marines of the first four enlisted
grades are rated for performance. Those grades are: E-1,
Private; E-2, Private First Class; E-3, Lance Corporal; E-4
Corporal. Higher grades receive fitness reports. Pro and
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Con marks are based on a 5 point scale subdivided into decimals
Conduct marks can be generally interpreted as follows: 0 to
1.9 - Unsatisfactory, habitual offender during marking period;
LIBRARY
2 to 2.9 - Poor. Some disciplinary involvement during mark-
ing period but not more than one Summary Court Martial (the
- 2 -
lowest level court) nor more than 2 serious instances of
non-judicial punishment; 3 to 3.9 - Fair, meeting minimum
standards; 4 to 4.4 - Good, fully honorable conduct; 4.5
to 4.8 - Excellent; 4.9 to 5 - Outstanding. Proficiency
marks can be categorized generally with the same superlatives;
i.e., 0 to 1.9 ~ Unsatisfactory, 2 to 2.9 - Poor, 3 to 3.9' -
Fair, 4 to 4.4 - Good, 4.5 to 4.8 - Excellent, 4.9 to 5 -
Outstanding. Pro and Con marks are generally given every 6
months. Average final marks of 4.0 conduct and 3.0
proficiency entitle a Marine to a fully Honorable Discharge
upon normal expiration of his enlistment.
d. G.T. - The Army's rough equivalent of an 10 score. The
figure is formed from an average of a verbal ability test
and an arithmetic reasoning test scores. The test is very
close to an easy college board test. A score of 100 on the
G.T. is established as the mean. A score of 85 would be in
the lowest quartile and a score of 125 would rank in the
90th percentile.
e. DA/DAPE - HR - Found in upper right corner of some Army
case summaries, similar to Nave ALNAV 83; it designates a
message/telegram sent from Department of Army, Deputy Chief
of Staff for Personnel, Directorate of Human Resources
Development. The message ordered the release from confine-
ment of persons who qualified for Clemency Program.
f. AFQT Category - An Armed Forces Qualification Test (AFQT)
category is an arbitrary division of mental test results into
five percentile ranges for purposes of determining eligibility
to enter military service. Those persons who scored in
Categories I, II, and III were completely eligible as to
mental ability for military service and those in Category V
were completely ineligible. Those persons whose scores were
in the Category IV range were on the borderline and other
criteria of education and other test scores were used to
determine eligibility for military service. The AFQT score
consists of the same G.T. test scores of verbal reasoning
ability added to the results of a spatial reasoning test,
divided by three, and then expressed in a percentile rank.
The spatial reasoning test requires no reading ability
because the directions are read to the examinee. He is then
to pick the picture of an object that most resembles an
exploded or unfolded figure in the test sample. It is thus
possible for a very poor reader or a non-reader to raise
his overall score on the AFQT to Category IV by performing
well in this test. The AFQT has been replaced by other tests
as of 1 July 1973.
- 3 -
g. Conduct and Efficiency Ratings - The Army used these
ratings as a part of the enlisted personnel rating system
until 15 September 1973. This system has been discontinued
but ratings prior to the discontinuation are still considered
valid and are to be used as one of the factors in determining
the nature of discharge. These ratings were used in conjunc-
tion with other data in determining eligibility for certain
personnel actions such as award of the Good Conduct Medal,
assignment, promotion, as well as types of discharges. The
ratings of conduct and efficiency were to be for designated
time spans and on certain events including the day immediately
prior to an AWOL period. The ratings used for conduct and
efficiency reports were Excellent, Good Fair, or Unsatisfactory.
In actual practice an enlisted man was unlikely to receive
less than an excellent rating in conduct and efficiency unless
he clearly had some record of some disciplinary action.
h. Enlisted Evaluation System Traits - For grades E-1, E-2,
E-3, and E-4 in the Navy five traits are considered for rating
periods and for the nature of discharge. The traits considered
are Leadership, Performance, Military Behavior, Military
Appearance, and Adaptability. The rating scale is on a 4.0
maximum and scored at 0.2 intervals. On a curve the majority
of Navy enlisted persons are rated at 3.4 overall. In order
to get an honorable discharge, the individual must have a
3.0 military behavior average for all ated ricls of ti.
and an overall average 2.7 for all rated traits.
i. GCT Score in Navy - The GCT is the General Classification
test that is a part of the Navy Basic Test Battery. It is
a test that is supposed to report on a capability for learn-
ing and is rated as follows:
Score 64
High (upper 7% of all examinees)
55-64
Above average (24% of all examinees)
45-54
Average (38% of all examinees)
35-44
Below average (24% of all examinees)
22-34
Low (7% of all examinees)
The GCT score is not intended as a IQ test, but some Navy sources
double the GCT score and obtain a figure used as a rough IQ
equivalent.
FORD
- 4 -
Sources of Data:
1. CPT John Euler's Memo
2. Army Personnel Directorate
3. Army Research Institute for Behavior and Social Sciences
4. Office of Deputy Chief of Naval Operations for Manpower
Planning and Programming
ABBREVIATIONS
ACMR
Army Court of Military Review
AFQT
Armed Forces Qualifying Test
BCD
Bad Conduct Discharge
CA
Convening Authority
CHL
Confinement at Hard Labor
DD
Dishonorable Discharge
GCM
General Court Martial
GT
General Technical
MCM
Manual for Courts Martial
NJP
Non-judicial Punishment (Article 15)
SA
Supervisory Authority
SCM
Summary Court Martial
SJA
Staff Judge Advocate
SPCM
special Court Martial
TF
Total forfeiture of all pay and allowances
THP
Temporary Home Parole
UCMJ
Uniform Code of Military Justice
USDB
United States Disciplinary Barracks
SOURCES:
1. USDB Clemency Folder
2. Official Military Personnel File
3. Record of Trial (or) Trial Transcript
APPENDIX I
12.Hellg
DISCONTINUANCE OF CODED AND ABBREVIATED INFORMATION
ON DISCHARGE DOCUMENTS
The Department of Defense has recently discontinued the practice of
placing certain coded and abbreviated information on discharge documents
which are routinely provided to service members at the time of their
separation from service. This information never appeared on discharge
certificates, but did appear on Reports of Separation, and in some instances,
on separation orders.
The coded information included the reason for discharge in the form of a
Separation Program Number (SPN) and reenlistment eligibility (RE code).
The abbreviated information was the citation of the statute or service
regulation which was the basis or authority for discharge.
This method of documenting the reason for separation had been reviewed
twice in recent years. In response to requests, Secretary of Defense
James R. Schlesinger undertook an additional review of the policy. He
was concerned that inaccurate information was resulting in a loss of con-
fidence in discharge policies and procedures by those veterans whose dis-
charges and reasons for separation were favorable and who had no reason
to doubt the validity of their separation program number. Therefore,
Secretary Schlesinger directed that coded information no longer be included
on discharge documents.
The purpose of this change is to insure that all the information on the docu-
ments is readily understandable to the veteran, and to avoid the potential
of undesirable discrimination against an individual. Undesirable discrimi-
nation is not, and was not intended, whatever the circumstances of an indi-
vidual's separation from active duty. Each individual will continue to have
access to a narrative description of the reason and authority for his dis-
charge and reenlistment eligibility, if he wishes to obtain this information.
In addition to the discontinuance of these codes in current and future dis-
charges, procedures are being established for the deletion of this infor-
mation in the cases of former service members who wish this information
to be deleted. In these instances, a new copy of the original form will be
provided with the codes deleted. Also, as was previously available, a
narrative description of the reason and authority for discharge and reen-
listment eligibility will be provided upon the request of a former service
member. These procedures are being finalized and the respective Military
Service will be ready to process requests by May 1, 1974.
The request should include name, social security number, any military
service identification number, dates of service, and a copy of the
DD Form 214.
Further information is available at local military personnel offices.
Also, as was previously available on the request of a former service mem-
ber, a narrative description of the reason for discharge will be provided
in response to the veteran's request. The Department of Defense plans
to initiate wide ranging information releases to make this change in policy
known to veterans. The Department is also requesting the assistance of
the Veterans Administration, General Services Administration, Selective
Service System, Department of Labor, and over 50 veterans organizations
in publicizing this information.
FORD
2
PROCEDURES FOR REQUESTING DELETION OF ABBREVIATED
SEPARATION REASONS FROM DISCHARGE DOCUMENTS
On May 1, 1974, veterans who wish to have their Separation Program
Number (SPN), Reason and Authority for discharge, and Reenlistment
Code deleted from their copy of the DD Form 214, "Report of Separation
From Active Duty, " (or from previous editions of the form) may apply
to their former service to have the abbreviated codes deleted from their
copy of the form. Requests should be mailed to the following addresses:
Army
Commander
Reserve Components Personnel and Administration
Center
Box 12479
Olivette Branch
St. Louis, Missouri 63132
Navy
Chief
Bureau of Naval Personnel (Pers 38)
Department of the Navy
Washington, D. C. 20370
Air Force
*Air Force Military Personnel Center (DPMDR)
Randolph AFB, Texas 78148
*It is preferable that former USAF members
make their request through a local base
personnel office.
Marine Corps
Commandant
U. S. Marine Corps (MSRB-10)
Headquarters, U. S. Marine Corps
Washington, D. C. 20380
Veterans who wish to have their Separation Program Number (SPN),
authority for discharge, and Reenlistment Code deleted from their copy
of the DD Form 214, "Report of Separation From Active Duty, " (or from
previous editions of the form) may apply to their former service to have
the codes deleted from their copy of the form. Requests should be mailed
to the following addresses:
Army
Commander
Reserve Components Personnel and
Administration Center
Box 12479
Olivette Branch
St. Louis, Missouri 63132
Navy
Chief
Bureau of Naval Personnel (Pers 38)
Department of the Navy
Washington, D. C. 20370
Air Force
*Air Force Military Personnel Center (DPMDR)
Randolph AFB, Texas 78148
*It is preferable that former USAF members
make their request through a local base
personnel office.
Marine Corps
Commandant
U.S. Marine Corps (MSRB-10)
Headquarters, U.S. Marine Corps
Washington, D. C. 20380
The request should include name, social security number, any military
service identification number, dates of service, and a copy of the DD Form 214.
Further information is available at local military personnel offices.
At the time of separation a service member is explained the reason for his
discharge. At the same time, he may receive a written description of the
reason for his discharge if he wishes. Former service members may also
obtain a narrative description of the reason for discharge by applying to the
appropriate address above.
2
§ 1182. Excludable aliens-General classes
(a) Except as otherwise provided in this chapter, the following
classes of aliens shall be ineligible to receive visas and shall be
excluded from admission into the United States:
(1) Aliens who are mentally retarded;
(2) Aliens who are insane;
(3) Aliens who have had one or more attacks of insanity;
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(4) Aliens afflicted with psychopathic personality, or sexual devi-
ation, or a mental defect;
(5) Aliens who are narcotic drug addicts or chronic alcoholics;
(6) Aliens who are afflicted with any dangerous contagious dis-
ease;
(7) Aliens not comprehended within any of the foregoing classes
who are certified by the examining surgeon as having a physical de-
fect, disease, or disability, when determined by the consular or im-
migration officer to be of such a nature that it may affect the ability
of the alien to earn a living, unless the alien affirmatively establishes
that he will not have to earn a living;
(8) Aliens who are paupers, professional beggars, or vagrants;
(9) Aliens who have been convicted of a crime involving moral
turpitude (other than a purely political offense), or aliens who ad-
mit having committed such a crime, or aliens who admit committing
acts which constitute the essential elements of such a crime; except
that aliens who have committed only one such crime while under
the age of eighteen years may be granted a visa and admitted if the
crime was committed more than five years prior to the date of the
application for a visa or other documentation, and more than five
years prior to date of application for admission to the United States,
unless the crime resulted in confinement in a prison or correctional
institution, in which case such alien must have been released from
such confinement more than five years prior to the date of the appli-
cation for a visa or other documentation, and for admission, to
the
United States. Any alien who would be excludable because of the
conviction of a misdemeanor classifiable as a petty offense under
the provisions of section 1(3) of Title 18, by reason of the punish-
ment actually imposed, or who would be excludable as one who ad-
mits the commission of an offense that is classifiable as a misde-
meanor under the provisions of section 1(2) of Title 18, by reason
of the punishment which might have been imposed upon him, may
be granted a visa and admitted to the United States if otherwise
admissible: Provided, That the alien has committed only one such
offense, or admits the commission of acts which constitute the es-
sential elements of only one such offense.
(10) Aliens who have been convicted of two or more offenses
(other than purely political offenses), regardless of whether the con-
viction was in a single trial or whether the offenses arose from a
single scheme of misconduct and regardless of whether the of-
fenses involved moral turpitude, for which the aggregate sentences
to confinement actually imposed were five years or more;
(11) Aliens who are polygamists or who practice polygamy or
advocate the practice of polygamy;
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ADMISSION QUALIFICATIONS
8 § 1182
(12) Aliens who are prostitutes or who have engaged in prostitu-
tion, or aliens coming to the United States solely, principally, or in-
cidentally to engage in prostitution; aliens who directly or indirect-
ly procure or attempt to procure, or who have procured or attempted
to procure or to import, prostitutes or persons for the purpose of
prostitution or for any other immoral purpose; and aliens who are
or have been supported by, or receive or have received, in whole or
in part, the proceeds of prostitution or aliens coming to the United
States to engage in any other unlawful commercialized vice, whether
or not related to prostitution;
(13) Aliens coming to the United States to engage in any immoral
sexual act;
(14) Aliens seeking to enter the United States, for the purpose of
performing skilled or unskilled labor, unless the Secretary of Labor
has determined and certified to the Secretary of State and to the
Attorney General that (A) there are not sufficient workers in the
United States who are able, willing, qualified, and available at the
time of application for a visa and admission to the United States and
at the place to which the alien is destined to perform such skilled or
unskilled labor, and (B) the employment of such aliens will not
adversely affect the wages and working conditions of the workers
in the United States similarly employed. The exclusion of aliens
under this paragraph shall apply to special immigrants defined in
section 1101(a) (27) (A) of this title (other than the parents, spous-
es, or children of United States citizens or of aliens lawfully ad-
mitted to the United States for permanent residence), to preference
immigrant aliens described in sections 1153(a) (3) and 1153(a) (6)
of this title, and to nonpreference immigrant aliens described in sec-
tion 1153(a) (8) of this title;
(15) Aliens who, in the opinion of the consular officer at the time
of application for a visa, or in the opinion of the Attorney General
at the time of application for admission, are likely at any time to
become public charges;
(16) Aliens who have been excluded from admission and deported
and who again seek admission within one year from the date of
such deportation, unless prior to their reembarkation at a place
outside the United States or their attempt to be admitted from for-
eign contiguous territory the Attorney General has consented to
their reapplying for admission;
(17) Aliens who have been arrested and deported, or who have
fallen into distress and have been removed pursuant to this chapter
or any prior act, or who have been removed as alien enemies, or who
have been removed at Government expense in lieu of deportation pur-
suant to section 1252(b) of this title, unless prior to their embarka-
tion or reembarkation at a place outside the United States or their
FORD
185
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IMMIGRATION
Ch. 12
attempt to be admitted from foreign contiguous territory the Attor-
ney General has consented to their applying or reapplying for ad-
mission;
(18) Aliens who are stowaways;
(19) Any alien who seeks to procure, or has sought to procure,
or has procured a visa or other documentation, or seeks to enter
the United States, by fraud, or by willfully misrepresenting a ma-
terial fact;
(20) Except as otherwise specifically provided in this chapter,
any immigrant who at the time of application for admission is not
in possession of a valid unexpired immigrant visa, reentry permit,
border crossing identification card, or other valid entry document
required by this chapter, and a valid unexpired passport, or other
suitable travel document, or document of identity and nationality,
if such document is required under the regulations issued by the At-
torney General pursuant to section 1181(a) of this title;
(21) Except as otherwise specifically provided in this chapter, any
immigrant at the time of application for admission whose visa
has been issued without compliance with the provisions of section
1153 of this title;
(22) Aliens who are ineligible to citizenship, except aliens seeking
to enter as nonimmigrants; or persons who have departed from or
who have remained outside the United States to avoid or evade
training or service in the armed forces in time of war or a period
declared by the President to be a national emergency, except aliens
who were at the time of such departure nonimmigrant aliens and
who seek to reenter the United States as nonimmigrants;
(23) Any alien who has been convicted of a violation of, or a
conspiracy to violate, any law or regulation relating to the illicit
possession of or traffic in narcotic drugs or marihuana, or who has
been convicted of a violation of, or a conspiracy to violate, any law or
regulation governing or controlling the taxing, manufacture, produc-
tion, compounding, transportation, sale, exchange, dispensing, giving
away, importation, exportation, or the possession for the purpose of
the manufacture, production, compounding, transportation, sale, ex-
change, dispensing, giving away, importation, or exportation of
opium, coca leaves, heroin, marihuana, or any salt derivative or
preparation of opium or coca leaves, or isonipecaine or any addic-
tion-forming or addiction-sustaining opiate; or any alien who the
consular officer or immigration officers know or have reason to
believe is or has been an illicit trafficker in any of the aforemen-
tioned drugs;
(24) Aliens (other than aliens described in section 1101 (a) (27)
(A) and (B) of this title), who seek admission from foreign contigu-
186
=
FORD
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ADMISSION QUALIFICATIONS
8 § 1182
ous territory or adjacent islands, having arrived there on a vessel
or aircraft of a nonsignatory line, or if signatory, a noncomplying
transportation line under section 1228(a) of this title and who have
not resided for at least two years subsequent to such arrival in such
territory or adjacent islands;
(25) Aliens (other than aliens who have been lawfully admitted
for permanent residence and who are returning from a temporary
visit abroad) over sixteen years of age, physically capable of read-
ing, who cannot read and understand some language or dialect;
(26) Any nonimmigrant who is not in possession of (A) a passport
valid for a minimum period of six months from the date of the ex-
piration of the initial period of his admission or contemplated initial
period of stay authorizing him to return to the country from which
he came or to proceed to and enter some other country during such
period; and (B) at the time of application for admission a valid non-
immigrant visa or border crossing identification card;
(27) Aliens who the consular officer or the Attorney General
knows or has reason to believe seek to enter the United States solely,
principally, or incidentally to engage in activities which would be
prejudicial to the public interest, or endanger the welfare, safety, or
security of the United States;
(28) Aliens who are, or at any time have been, members of any
of the following classes:
(A) Aliens who are anarchists;
(B) Aliens who advocate or teach, or who are members of or
affiliated with any organization that advocates or teaches, op-
position to all organized government;
(C) Aliens who are members of or affiliated with (i) the Com-
munist Party of the United States, (ii) any other totalitarian
party of the United States, (iii) the Communist Political Associ-
ation, (iv) the Communist or any other totalitarian party of any
State of the United States, of any foreign state, or of any polit-
ical or geographical subdivision of any foreign state, (v) any
section, subsidiary, branch, affiliate, or subdivision of any such
association or party, or (vi) the direct predecessors or succes-
sors of any such association or party, regardless of what name
such group or organization may have used, may now bear, or
may hereafter adopt: Provided, That nothing in this paragraph,
or in any other provision of this chapter, shall be construed as
declaring that the Communist Party does not advocate the over-
throw of the Government of the United States by force, violence,
or other unconstitutional means;
(D) Aliens not within any of the other provisions of this
paragraph who advocate the economic, international, and gov-
FORD
187
SERALD
8 § 1182
IMMIGRATION
Ch. 12
ernmental doctrines of world communism or the establishment
in the United States of a totalitarian dictatorship, or who are
members of or affiliated with any organization that advocates
the economic, international, and governmental doctrines of
world communism or the establishment in the United States of
a totalitarian dictatorship, either through its own utterances or
through any written or printed publications issued or published
by or with the permission or consent of or under the authority of
such organization or paid for by the funds of, or funds furnished
by, such organization;
(E) Aliens not within any of the other provisions of this
paragraph, who are members of or affiliated with any organiza-
tion during the time it is registered or required to be registered
under section 786 of Title 50, unless such aliens establish that
they did not have knowledge or reason to believe at the time
they became members of or affiliated with such an organization
(and did not thereafter and prior to the date upon which such
organization was SO registered or so required to be registered
have such knowledge or reason to believe) that such organiza-
tion was a Communist organization;
(F) Aliens who advocate or teach or who are members of or
affiliated with any organization that advocates or teaches (i)
the overthrow by force, violence, or other unconstitutional
means of the Government of the United States or of all forms
of law; or (ii) the duty, necessity, or propriety of the unlawful
assaulting or killing of any officer or officers (either of spe-
cific individuals or of officers generally) of the Government of
the United States or of any other organized government, because
of his or their official character; or (iii) the unlawful damage
injury, or destruction of property; or (iv) sabotage;
(G) Aliens who write or publish, or cause to be written or
published, or who knowingly circulate, distribute, print, or dis-
play, or knowingly cause to be circulated, distributed, printed,
published, or displayed, or who knowingly have in their posses-
sion for the purpose of circulation, publication, distribution, or
display, any written or printed matter, advocating or teaching
opposition to all organized government, or advocating or teach-
ing (i) the overthrow by force, violence, or other unconstitu-
tional means of the Government of the United States or of all
forms of law; or (ii) the duty, necessity, or propriety of the
unlawful assaulting or killing of any officer or officers (either
of specific individuals or of officers generally) of the Govern-
ment of the United States or of any other organized govern-
ment, because of his or their official character; or (iii) the
unlawful damage, injury, or destruction of property; or (iv)
FORD
188
Ch. 12
ADMISSION QUALIFICATIONS
8 § 1182
sabotage; or (v) the economic, international, and governmental
doctrines of world communism or the establishment in the
United States of a totalitarian dictatorship;
(H) Aliens who are members of or affiliated with any organi-
zation that writes, circulates, distributes, prints, publishes, or
displays, or causes to be written, circulated, distributed, printed,
published, or displayed, or that has in its possession for the
purpose of circulation, distribution, publication, issue, or dis-
play, any written or printed matter of the character described
in subparagraph (G) of this paragraph;
(I) Any alien who is within any of the classes described in
subparagraphs (B)-(H) of this paragraph because of member-
ship in or affiliation with a party or organization or a section,
subsidiary, branch, affiliate, or subdivision thereof, may, if not
otherwise incligible, be issued a visa if such alien establishes to
the satisfaction of the consular officer when applying for a visa
and the consular officer finds that (i) such membership or af-
filiation is or was involuntary, or is or was solely when under
sixteen years of age, by operation of law, or for purposes of ob-
taining employment, food rations, or other essentials of living
and where necessary for such purposes, or (ii) (a) since the
termination of such membership or affiliation, such alien is
and has been, for at least five years prior to the date of the
application for a visa, actively opposed to the doctrine, program,
principles, and ideology of such party or organization or the sec-
tion, subsidiary, branch, or affiliate or subdivision thereof, and
(b) the admission of such alien into the United States would be in
the public interest. Any such alien to whom a visa has been
issued under the provisions of this subparagraph may, if not
otherwise inadmissible, be admitted into the United States if he
shall establish to the satisfaction of the Attorney General when
applying for admission to the United States and the Attorney
General finds that (i) such membership or affiliation is or was
involuntary, or is or was solely when under sixteen years of
age, by operation of law, or for purposes of obtaining employ-
ment, food rations, or other essentials of living and when neces-
sary for such purposes, or (ii) (a) since the termination of such
membership or affiliation, such alien is and has been, for at
least five years prior to the date of the application for admission
actively opposed to the doctrine, program, principles, and ideolo-
gy of such party or organization or the section, subsidiary,
branch, or affiliate or subdivision thereof, and (b) the admis-
sion of such alien into the United States would be in the public
interest. The Attorney General shall promptly make a detailed
report to the Congress in the case of each alien who is or shall
189
8 § 1182
IMMIGRATION
Ch. 12
be admitted into the United States under (ii) of this subpara-
graph;
(29) Aliens with respect to whom the consular officer or the At-
torney General knows or has reasonable ground to believe probably
would, after entry, (A) engage in activities which would be pro-
hibited by the laws of the United States relating to espionage, sab-
otage, public disorder, or in other activity subversive to the national
security, (B) engage in any activity a purpose of which is the op-
position to, or the control or overthrow of, the Government of the
United States, by force, violence, or other unconstitutional means,
or (C) join, affiliate with, or participate in the activities of any
organization which is registered or required to be registered under
section 786 of Title 50;
(30) Any alien accompanying another alien ordered to be ex-
cluded and deported and certified to be helpless from sickness or
mental or physical disability or infancy pursuant to section 1227 (e)
of this title, whose protection or guardianship is required by the
alien ordered excluded and.deported;
(31) Any alien who at any time shall have, knowingly and for
gain, encouraged, induced, assisted, abetted, or aided any other
alien to enter or to try to enter the United States in violation of law.
Nonapplicability of subsection (a) (25)
(b) The provisions of paragraph (25) of subsection (a) of this
section shall not be applicable to any alien who (1) is the parent,
grandparent, spouse, daughter, or son of an admissible alien, or
any alien lawfully admitted for permanent residence, or any citizen
of the United States, if accompanying such admissible alien, or
coming to join such citizen or alien lawfully admitted, and if other-
wise admissible, or (2) proves that he is seeking admission to the
United States to avoid religious persecution in the country of his
last permanent residence, whether such persecution be evidenced by
overt acts or by laws or governmental regulations that discriminate
against such alien or any group to which he belongs because of
his religious faith. For the purpose of ascertaining whether an alien
can read under paragraph (25) of subsection (a) of this section,
the consular officers and immigration officers shall be furnished
with slips of uniform size, prepared under direction of the Attorney
General, each containing not less than thirty nor more than forty
words in ordinary use, printed in plainly legible type, in one of the
various languages or dialects of immigrants. Each alien may desig-
nate the particular language or dialect in which he desires the exam-
ination to be made and shall be required to read and understand
the words printed on the slip in such language or dialect.
FORD
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ADMISSION QUALIFICATIONS
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Nonapplicability of subsection (a) (1) to (25), (30), and (31)
(c) Aliens lawfully admitted for permanent residence who tem-
porarily proceeded abroad voluntarily and not under an order of
deportation, and who are returning to a lawful unrelinquished
domicile of seven consecutive years, may be admitted in the dis-
cretion of the Attorney General without regard to the provisions
of paragraphs (1)-(25), (30), and (31) of subsection (a) of this
section. Nothing contained in this subsection shall limit the au-
thority of the Attorney General to exercise the discretion vested
in him under section 1181(b) of this title.
Nonapplicability of subsection (a) (11), (25), and (28); temporary admission
of nonimmigrants: waiver of subsection (n) (26) requirements: parole;
bond and conditions for temporary admissions, report to Congress: np-
plicability to aliens leaving territories; reciprocal admission of officials
of foreign governments, etc.
(d) (1) The provisions of paragraphs (11) and (25) of subsec-
tion (a) of this section shall not be applicable to any alien who in
good faith is seeking to enter the United States as a nonimmigrant.
(2) The provisions of paragraph (28) of subsection (a) of this
section shall not be applicable to any alien who is seeking to enter
the United States temporarily as a nonimmigrant under paragraph
(15) (A) (iii) or (G) (v) of section 1101 (a) of this title.
(3) Except as provided in this subsection, an alien (A) who is
applying for a nonimmigrant visa and is known or believed by the
consular officer to be ineligible for such visa under one or more of
the paragraphs enumerated in subsection (a) of this section (other
than paragraphs (27) and (29)), may, after approval by the Attorney
General of a recommendation by the Secretary of State or by the
consular officer that the alien be admitted temporarily despite his
inadmissibility, be granted such a visa and may be admitted into the
United States temporarily as a nonimmigrant in the discretion of
the Attorney General, or (B) who is inadmissible under one or
more of the paragraphs enumerated, in subsection (a) of this section
(other than paragraphs (27) and (29)), but who is in possession of
appropriate documents or is granted a waiver thereof and is
seeking admission, may be admitted into the United States tempo-
rarily as a nonimmigrant in the discretion of the Attorney General.
(4) Either or both of the requirements of paragraph (26) of sub-
section (a) of this section may be waived by the Attorney General
and the Secretary of State acting jointly (A) on the basis of un-
foreseen emergency in individual cases, or (B) on the basis of rec-
iprocity with respect to nationals of foreign contiguous territory or
of adjacent islands and residents thereof having a common nation-
ality with such nationals, or (C) in the case of aliens proceeding in
immediate and continuous transit through the United States under
contracts authorized in section 1228(d) of this title.
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Ch. 12
(5) The Attorney General may in his discretion parole into the
United States temporarily under such conditions as he may pre-
scribe for emergent reasons or for reasons deemed strictly in the
public interest any alien applying for admission to the United
States, but such parole of such alien shall not be regarded as an
admission of the alien and when the purposes of such parole shall,
in the opinion of the Attorney General, have been served the alien
shall forthwith return or be returned to the custody from which he
was paroled and thereafter his case shall continue to be dealt with
in the same manner as that of any other applicant for admission to
the United States.
(6) The Attorney General shall prescribe conditions, including
exaction of such bonds as may be necessary, to control and regulate
the admission and return of excludable aliens applying for temporary
admission under this subsection. The Attorney General shall make
a detailed report to the Congress in any case in which he exercises
his authority under paragraph (3) of this subsection on behalf of
any alien excludable under paragraphs (9), (10), and (28) of sub-
section (a) of this section.
(7) The provisions of subsection (a) of this section, except para-
graphs (20), (21), and (26) of said subsection, shall be applicable
to any alien who shall leave Guam, Puerto Rico, or the Virgin Islands
of the United States, and who seeks to enter the continental United
States or any other place under the jurisdiction of the United States.
The Attorney General shall by regulations provide a method and
procedure for the temporary admission to the United States of the
aliens described in this proviso. Any alien described in this para-
graph, who is excluded from admission to the United States, shall be
immediately deported in the manner provided by section 1227(a) of
this title.
(8) Upon a basis of reciprocity accredited officials of foreign
governments, their immediate families, attendants, servants, and
personal employees may be admitted in immediate and continuous
transit through the United States without regard to the provisions
of this section except paragraphs (26), (27), and (29) of subsection
(a) of this section.
Educational visitor status; foreign residence requirement; walver
(e) No person admitted under section 1101(a) (15) (J) of this
title or acquiring such status after admission whose (i) participation
in the program for which he came to the United States was financed
in whole or in part, directly or indirectly, by an agency of the Gov-
ernment of the United States or by the government of the country
of his nationality or his last residence, or (ii) who at the time of
admission or acquisition of status under section 1101(a) (15) (J)
of this title was a national or resident of a country which the Secre-
192
Ch. 12
ADMISSION QUALIFICATIONS
8 § 1182
tary of State, pursuant to regulations prescribed by him, had desig-
nated as clearly requiring the services of persons engaged in the
field of specialized knowledge or skill in which the alien was en-
gaged, shall be eligible to apply for an immigrant visa, or for per-
manent residence, or for a nonimmigrant visa under section 1101 (a)
(15) (H) or section 1101 (a) (15) (L) of this title until it is estab-
lished that such person has resided and been physically present in
the country of his nationality or his last residence for an aggregate
of at least two years following departure from the United States:
Provided, That upon the favorable recommendation of the Secretary
of State, pursuant to the request of an interested United States Gov-
ernment agency, or of the Commissioner of Immigration and Natural-
ization after he has determined that departure from the United States
would impose exceptional hardship upon the alien's spouse or child
(if such spouse or child is a citizen of the United States or a lawfully
resident alien), or that the alien cannot return to the country of his
nationality or last residence because he would be subject to persecu-
tion on account of race, religion, or political opinion, the Attorney
General may waive the requirement of such two-year foreign resi-
dence abroad in the case of any alien whose admission to the United
States is found by the Attorney General to be in the public interest:
And provided further, That the Attorney General may, upon the fav-
orable recommendation of the Secretary of State, waive such two-
year foreign residence requirement in any case in which the foreign
country of the alien's nationality or last residence has furnished the
Secretary of State a statement in writing that it has no objection to
such waiver in the case of such alien.
Suspension of entry or imposition of restrictions by President
(f) Whenever the President finds that the entry of any aliens or
of any class of aliens into the United States would be detrimental
to the interests of the United States, he may by proclamation and
for such period as he shall decm necessary, suspend the entry of
all aliens or any class of aliens as immigrants or nonimmigrants, or
impose on the entry of aliens any restrictions he may deem to be
appropriate.
Bond and conditions for admission for permanent residence of mentally
retarded, tubercular, and mentally ill but cured aliens
(g) Any alien who is excludable from the United States under
paragraph (1) of subsection (a) of this section, or any alien af-
flicted with tuberculosis in any form who (A) is the spouse or the
unmarried son or daughter, or the minor unmarried lawfully adopted
child, of a United States citizen, or of an alien lawfully admitted for
permanent residence, or of an alien who has been issued an immi-
grant visa, or (B) has a son or daughter who is a United States cit-
izen, or an alien lawfully admitted for permanent residence, or an
T. 8 U.S.C.A. $5 1-1251-13
193
FORD
8 § 1182
IMMIGRATION
Ch. 12
alien who has been issued an immigrant visa, shall, if otherwise
admissible, be issued a visa and admitted to the United States for
permanent residence in accordance with such terms, conditions,
and controls, if any, including the giving of a bond, as the Attorney
General, in his discretion after consultation with the Surgeon Gen-
eral of the United States Public Health Service, may by regulations
prescribe. Any alien excludable under paragraph (3) of subsection
(a) of this section because of past history of mental illness who has
one of the same family relationships as are prescribed in this sub-
section for aliens afflicted with tuberculosis and whom the Surgeon
General of the United States Public Health Service finds to have
been free of such mental illness for a period of time sufficient in
the light of such history to demonstrate recovery shall be eligible
for a visa in accordance with the terms of this subsection.
Nonapplicability of subsection (a) (9), (10), or (12)
(h) Any alien, who is excludable from the United States under
paragraphs (9), (10), or (12) of subsection (a) of this section, who
(A) is the spouse or child, including a minor unmarried adopted
child, of a United States citizen, or of an alien lawfully admitted for
permanent residence, or (B) has a son or daughter who is a United
States citizen or an alien lawfully admitted for permanent residence,
shall, if otherwise admissible, be issued a visa and admitted to the
United States for permanent residence (1) if it shall be established
to the satisfaction of the Attorney General that (A) the alien's
exclusion would result in extreme hardship to the United States citi-
zen or lawfully resident spouse, parent, or son or daughter of such
alien, and (B) the admission to the United States of such alien
would not be contrary to the national welfare, safety, or security
of the United States; and (2) if the Attorney General, in his dis-
cretion, and pursuant to such terms, conditions, and procedures as
he may by regulations prescribe, has consented to the alien's apply-
ing or reapplying for a visa and for admission to the United States.
Admission for permanent residence of alien spouse, parent. or child
excludable for fraud, misrepresentation, or perjury
(i) Any alien who is the spouse, parent, or child of a United States
citizen or of an alien lawfully admitted for permanent residence
and who is excludable because (1) he seeks, has sought to procure,
or has procured, a visa or other documentation, or entry into the
United States, by fraud or misrepresentation, or (2) he admits the
commission of perjury in connection therewith, may be granted a
visa and admitted to the United States for permanent residence, if
otherwise admissible, if the Attorney General in his discretion has
consented to the alien's applying or reapplying for a visa and for
admission to the United States.
194
Ch. 12
ADMISSION QUALIFICATIONS
8 § 1182
June 27, 1952, C. 477, Title II, ch. 2, § 212, 66 Stat. 182; July 18,
1956, c. 629, Title III, § 301(a), 70 Stat. 575; July 7, 1958, Pub.L.
85-508, $ 23, 72 Stat. 351; Mar. 18, 1959, Pub.L. 86-3, § 20(b), 73
Stat. 13; July 14, 1960, Pub.L. 86-648, § 8, 74 Stat. 505; Sept. 21,
1961, Pub.L. 87-256, § 109(c), 75 Stat. 535; Sept. 26, 1961, Pub.L.
87-301, §§ 11-15, 75 Stat. 654, 655; Oct. 3, 1965, Pub.L. 89-236,
§§ 10, 15, 79 Stat. 917, 919; Apr. 7, 1970, Pub.L. 91-225, § 2, 84 Stat.
116.
Historical Note
References in Text. Section 7S6 of Ti-
the United States nor will the employ-
tle 50, referred to in subsec. (a) (28)
ment of such alien adversely affect the
(E) and (29), which required registration
wages and working conditions of individ-
and annual reports of Communist organ-
uals in the United States similarly emi-
Izations, was repealed by Pub.L. 00-237, $
ployed and made the requirement appli-
5, Jan. 2, 1968, S1 Stat. 766.
cable to special immigrants (other than
the parents, spouses, and minor children
1970 Amendment. Subsec. (e). Pub.L.
of U. S. citizens or permanent resident
91-225 inserted cls. (i) and (ii) and ref-
aliens), preference immigrants described
erence to eligibility for nonimmigrant
in sections 1153(a) (3) and 1153(a) (6) of
visa under section 1101(a) (15) (L) of
this title, and nonpreference immigrants.
this title. provided for waiver of require-
ment of two-year foreign residence abroad
Subsec. (a) (20). Pub.L. 80-236, $ 10
where alien cannot return to the country
(b). substituted "1181(a)" for "1181(e)".
of his nationality or last residence be-
Subsec. (a) (21). Pub.L. 80-236, § 10
cause he would be subject to persecution
(c), struck out "quota" preceding "immi-
on account of race, religion, or political
grant".
opinion or where the foreign country of
alien's nationality or last residence has
Subsec. (a) (24). Pub.L. 80-236, $ 10
furnished a written statement that it has
(d). substituted "other than aliens de-
no objection to such waiver for such
scribed in section 1101 (a) (27) (A) and
alien, and deleted alternative provision
(B)" for "other than those aliens who
for residence and physical presence in
are native-born citizens of countries enu-
another foreign country and former first
merated in section 1101(a) (27) (C) of
and final provisos reading "Provided,
this title and aliens described in section
That such residence in another foreign
1101(a) (27) (B) of this title" as the ma-
country shall be considered to have sat-
terial contained within the parentheses
isfied the requirements of this subsection
following "Aliens".
if the Secretary of State determines that
Subsec. (g). Pub.L. 89-236, $ 15(c), re-
it has served the purpose and the intent
of the Mutual Educational and Cultural
designated subsec. (f) of sec. 212 of the
Immigration and Nationality Act as sub-
Exchange Act of 1961" and "And provid-
ed further, That the provisions of this
sec. (g) thereof, which for purposes of
codification had alrea been designated
subsection shall apply also to those per-
sons who acquired exchange visitor stat-
as subsec. (g) of this section and grant-
us under the United States Information
ed the Attorney General authority to ad-
and Educational Exchange Act of 194S, as
mit any alien who is the spouse, unmar-
amended."
ried son or daughter, minor adopted
child, or parent of a citizen or lawful
1965 Amendment. Subsec. (a) (1). Pub.
permanent resident and who is mentally
L. 80-236, $ 15(a), substituted "mentally
retarded or has a past history of mental
retarded" for "feebleminded".
illness under the same conditions as au-
thorized in the case of such close rela-
Subsec. (a) (4). Pub.L. S9-236, $ 15(b),
tives afflicted with tuberculosis.
substituted "or sexual deviation" for
"epilepsy".
Subsecs. (h), (i). Pub.L. 80-236, § 15
(c), redesignated subsecs. (g) and (h) of
Subsec. (a) (14). Pub.L. 89-236, §
sec. 212 of the Immigration and Nation-
10(a), added the requirement that the
ality Act as subsecs. (h) and (i) respec-
Secretary of Labor make an affirmative
tively thereof, which for purposes of
finding that any alien seeking to enter
codification had already been designated
the United States as a worker, skilled or
as subsecs. (h) and (i) of this section.
otherwise, will not replace a worker in
195
IV. Appendix
THE PRESIDENTIAL CLEMENCY BOARD
OLD EXECUTIVE OFFICE BUILDING
WASHINGTON, D.C. 20500
BOARD MEMBERS
March 21, 1975
PHONE: (202) 156-6476
Charles E. Goodell. Chairman
Ralph W. Adams
James P. Dougovito
Robert H. Finch
Theodore M. Hesburgh. C.S.C.
Vernon E. Jordan
James A. Maye
Aida Casanas O'Connor
Lewis W. Walt
MEMORANDUM
FOR:
Summary Writers
FROM:
Bob Kodak
Training Officer
SUBJECT:
PCB's Resident Experts
The following people have been recognized as experts in the following
areas. This list is not exhaustive but is merely an aid to those
with problems in the areas listed below.
1. Selective Service Case Law and Precedents - Bill Klein
2. Selective Service Regulations - Col. 0. G. Benson
3. Liaison with Federal Bureau of Prisons, Probation,
Parole and the U.S. Attorney (including fines imposed
by Federal District Court) - Ray Mitchell
4. Federal Criminal Law and Procedure - Tom O'Hare
5. Military Justice:
(a) Navy - Neil Broder
(b) Marine Corps - Bruce Heitz
(c) Army - Len Daneheck
(d) Air Force - Barry Robinson
FORD
6. Military Cases Pending Appellate Review - Bob Kodak
7. Immigration Law - Bruce Heitz or Jim Poole
8. Requests for Personal Appearances before PCB - John Lohff
9. Discharge Review Boards - Jim Poole
10. Pardons - Bill Klein
IV - B
Memorandum, Reference - Index
September
1. Explanation of Board's Place in Clemency Program. From: Goodell
To: Silberman, D.O.J.
2. Explanation of Board's Place in Clemency Program (2). From: Goodell
A.) TO: Pepitone-Selective Service B.) To: Hoffman - D.O.D.
3. Ideas of Presidential Clemency
From: Theodore Marrs
To: Bob Finch
4. 30-Day Furlough from Federal Prison.
From: Goodell
5. Don't Bypass Military Courts when Dealing with Deserters
From: Sen. John Tower
To: President
6. Charter for Presidential Clemency Board. From: Goodell
7. Procedures to be Followed for Unconvicted Draft Evaders and Military
Absentees. White House Fact Sheet
8. Executive Orders Re: Function Delegated to Director of Selective
Service and Establishment of Clemency Board.
October
1. Meaning of Priority Treatment Classification. From: Lohff To: Baskir
2. Operation of the Armed Forces Clemency Program. To: Board
From: Major Richard Buek
3. Minutes of Oct. 30, 1974 Board Meeting
4. Files and Records - Types and Access. From: Knisely To: File
5. Proposed System for Oral Presentation of Case Summaries to the
Board. From: Knisely
6. Due Process for Applicants and Communication with the Outside World.
From: Knisely
7. October Briefings - Naval Annex
From: Capt. Euler
To: Gen. Walt
8. Proposed Case Preparation/Recommendation Procedure
From: Capt. Euler
To: PC Board
9. Board's Handling of Case Summaries; Process of Recommendation
by Staff Board.
From: Tropp
To: Baskir
10. Tentative Action Taken by the Board on Oct. 23, 1974.
From: Horn
To: Goodell
11. Tentative Action Taken by the Board on Oct. 24, 1974.
From: Horn
To: Goodell
12. Brief Explanation of Terms, Acronyms, Abbreviations, found in Marine
Corps Applicants Military Files and Case Summary.
From: Capn. John Euler
13. Clemency Board Review of Undesirable Discharges Issued by Armed Ferces
After Sept. 16, 1974. From: Lohff
- 2 -
October cont'd
14. Consideration of Non-Judicial Punishment as Aggravating or
Mitigating Circumstances. From: Larry Chaney
15. Military Records: Requisite for File Security. From: Capt. Euler
16. Selective Service Violators not Furloughed under PCB. From: Hickman
17. October 22 Status of Applications. From: Horn
18. Correspondence Procedures. From: Mitchell
19. Proposed Organizational Structural Process. From: Capt. Euler
20. Presidential Clemency Board Fact Sheet.
21. Summaries of Military Furlough Cases. From: Baskir
22. Operation of Presidental Clemency Board (Positions, Duties).
From: Goodell
To: John Marsh
23. Summaries of Cases of Individuals on Furlough. From: Mitchell
24. Proposed Administrative Process for Clemency Board. From: Legal Staff
25. Press Release of Oct. 10, 1974 - Inaccuracy. From: Euler and Gordon
26. Proposed Rough of P.C. Board Factors and Guidelines. From: Euler and Gordon
27. Factors Considered by P.C. Board in Recommendations to President on
Individual Cases as Proposed by Rick Tropp. From: Tom O'Hare
28. Fact Sheet Information - Suggested Form. From: Klein
29. Letter to Applicant - Re: Factors to be Considered by the Board.
From: Niedermeier
30. Disclosure Under the Freedom of Information Act of Materials in the
Possession of P.C. Board.
From:
Hickman
31. Preparation of Initial Summaries of Cases. From: General Counsel
32. Proposed Organization of Clemency Board. From: O'Hare
33. Possible Staff Organization. From: Foote
34. Possible Staff Organization. From: Gordon
35. Advice Given to Qualifying Marine Prisoners Confined at Leavenworth at
Time of President's Proclamation. From: Capt. Eulen
36. Staff Organization. From: Klein
37. Possible Stems for Consideration by Presidential Clemency Board.
From: Euler and Gordon
38. Effect of Presidential Pardon on Persons Sentenced Under the
Federal Youth Corrections Act. From: Niedermeier
39. Pardon Powers and Benefits. From: Traylor, Pardon Attorney
40. Capitol Hill Briefing of Oct. 3, 1974. From: Euler, Tropp, Foote
41. Briefings - October 1. From: Euler
42. Eligibility for Veteran's Benefits of Clemency Discharge Holders.
From: Foote
43. Coast Guard and Personnel Eligible for Clemency Programs.
From: Gordon
44. Staff Meeting of October 2, 1974. From: Mitchell
45. Addlestone/Schulz Outline of Discharges. From: Foote
46. Organization and Management of the Clemency Board Staff and Paper
Flow. From: Tropp
47. Proposed Administrative Process for Clemency Board. From: Tropp
- 3 -
October cont'd
48. Guidelines on Categorization of Cases and on Application of Mitigating
and Aggravating Factors. From: Tropp
49. Selective Service Law: Cases and Suggested Criteria. From: Klein
50. Alternatives to Pardon. From: Euler
November
1. Resolution of North Carolina Veterans of Foreign Wars Concerning
Benefits Given to People Who Received Amnesty. From: Tropp
2. Contact with Outside Groups. From: Baskir
3. Outline of Presidential Clemency Program and Rationale Behind it.
From: Goodell To: Frank Harrison, Veterans Coalition
4. Case for Conditional Clemency. From: Goodell To: Cabel Tennis,
Dean, St. Mark's Cathedral
5. Over-View of Military Justice. From: H. Neil Broder
6. Analysis of Tentative Board Decisions. From: Strauss
7. Policy Considerations Affecting the Disciplinary/Administration
Treatment of Deserters/Unauthorized Absentees. From: Broder
8. Presidential Pardon, What is it, and What are its Consequences.
From: Legal Staff
9. Clemency Discharges. From: Strauss
10. Absences Relating to Vietnam Service. From: Chaney To: Baskir
11. List of Organizations that will Provide Employment to Clemency
Applicants. From: Tropp
12. Furloughed Selective Service Violators. From: M. Keenan
13. Legal Propriety of Publically Announcing Clemency Pardons.
From: Baskir
14. Contacts for Possible Research; Passing on Thereof. From: Euler
15. Docket of Civilian Cases, Nov. 6. From: Mitchell
16. Due Process for Applicants and Communication with Outside World.
From: Baskir
17. Position Description of the General Counsel on the PCB - General
18. The Clemency Program: Prognosis and Suggested Organization of
Executive Council. From: Klein
19. Comparison of Case Recommendations. From: Klein
20. Clemency Discharges. From: Strauss
21. Communications and Public Affairs Proposal. From: Vinson To: Goodell
22. Analysis of Tentative Board Decisions Nov. 21. From: Strauss
23. Disclosures of Case Information. From: Strauss
24. Decisions on Final Procedures. From: Baskir
25. Covering Memo to Chief Probation Officers - Nov. 27, Jackson, Goodell
26. Implications of the Certificate of Executive Clemency. From: Knisely
- 4 -
December
1. Presidential Clemency Board Research Requirements. From: Strauss
2. Information on Clemency Procedures distributed to the Press at
Presidential Acceptance of P.C.B. Recommendations. From: Knisely
3. Public Service Campaign. From: Vinson
4. Options for Military Cases. From: Knisely
5. Clemency for Military Cases. From: Baskir
6. Presidential Pardons and Effect Upon Military Offenses and Discharges.
From: Klein
7. Files of the Draft Allocation Program. From: Knisely
8. Alternate Service Information - General Memo.
9. The Presidential Clemency Program. What is it? How does it Work?
General Information
10. Announcements of Grants of Clemency During Christmas. From: Goodell
11. First Recommendations for Clemency: Persons Convicted of Military
Offenses; Further Recommendations for Selective Service Cases.
From: Goodell
To: President
12. Nature of the Clemency to be Granted Former Servicement. From: Goodell
To: President
13. Withheld Cases. From: Strauss
14. Additional Lawyer Referral. From: Knisely
15. Military Awards and Decorations. From: Legal Staff
16. Comments upon and Criticisms of the Proposed Rules and Regulations
of the Presidential Clemency Board. From: Neil Broder
17. Expungement of Felony Conviction. To: Senator Hart
From: Goodell
18. Regulations Issued by the Chairman of the Presidential Clemency Board.
From: O'Hare
19. Some Budget Figures. From: Handwerger
To: Goodell
20. Mail Composition. From: Handwerger
To: Goodell
21. Blood Donation as a Mitigating Circumstance. From: Goodell
22. Report of the National Advisory Commission on Selective Service -
Feb. 1967. In Pursuit of Equity: "Who Serves When Not All Serve?"
From: C. Friedman
23. Information on Clemency Procedures distributed to Press at Presidential
Acceptance of P.C.B. Recommendations. From: Knisely
24. Ready Reference on Military Abbreviations and Acronyms. From: Legal Staff
25. Effect of Pardon on Dishonorable Discharge. From: Klein
26. Expungement of Records: Dilemma and Resolution. From: Klein
27. Consultants for the Clemency Board. From: Charles Mott
- 5 -
January
1. Personal Appearance of Applicant Before the Board. From: Hansen
2. Answers to Questions Regarding Various Aspects of Clemency.
From: Goodell
To: Strom Thurmond
3. The Impact of the Presidential Clemency Board's Public Information
Campaign. From: Vinson
To: Marder
4. Presidential Decisions - December 28, 1974.
5. Comments on Clemency Deadline Extension Memorandum to President
From: Tropp
To: Jones
6. Elimination of Workers Defense League as Lawyer - Referral Service.
From: Lohff
7. Meeting between Baskir and Cap'n "Dusty" Miller, Conducted on Jan 16,1975
at Room 3E-966, the Pentagon. From: Poole
8. Clemency Counselling Service in Indiana. From: O'Hare
9. Fairness Doctrine and our TV Spots. From: Tropp
10. Inmates Eligible for Clemency. From: Goodell
11. Extension of Jan. 31 Deadline for Applications to the P.C.B.
From: Goodell
To: Ford
12. Unemployed Persons Eligible for Clemency. From: Goodell
13. Four Person Panels - Legality and Advisability. From: O'Hare
14. The Confidentiality of Selective Service Files: From: Poole
15. Upgrading the Discharges of Ex-Servicement to Whom You Grant Clemency.
From: Goodell
To: President
16. Correspondence and other Communications. From: Handwerger To: Baskir
17. Baseline for Servicement with Undesirable Discharges. From: Strauss
18. Length of Alternate Service for Applicants with Undesirable Discharges.
From: Hickman
19. Seattle Survey of Eligible Ex-Servicemen. From: Strauss
February
1. Memo dated Feb. 19, 1975, Concerning Case Summary Form for Undesirable
Discharge. From: O'Hare To: Hansen, Horn, Baskir
2. Three Decisions on Your Clemency Program: 1) Military discharges
"under honorable conditions. 2) AWOL offenses should not be part of
record if applicant receives clemency. 3) Extend deadline for two
months. From: Goodell
To: President
3. Reasons for Upgrading Viet-Nam Discharges and Adding Benefits.
To: President
From: Walt, Dougovito, Maye
4. Clemency Board Funding Estimates. From: Goodell To: President
5. Proposed Changes in Procedures to Expedite Clemency Board Processing
of Applications (Bare Bones II). From: Horn
6. Clemency Board Budget Problems. From: Horn
7. Staff Requirements for the Presidential Clemency Board. From: Goodell
8. Presidential Clemency Board Inaction on Requests for Personal Appearances.
From: Neil Broder, J. Lohff
- 6 -
February cont'd
9. Informational Letter to Senator Philip Hart from Charles Goodell Containing
Various Pertinent Bits of Information on Board and Its Operation.
10. Scope of Quality Control Activities for Initial Summaries. From: Hansen
11. Format for Shorter Summary and Recommendation for Possible New Full-Time
Board. From: MacQueeney
12.. "Bare Bones" PCB Summary Proposed by Charles Craig. From: O'Hare
13. Action on PCB Recommendation to Grant Upgraded Discharges to Five
Special Clemency Cases. From: Goodell
14. Resource Requirements for the Clemency Board. From: Baskir
15. Draft Evaders on the Justice Dept. Final List. From: Baskir
16. Use of Board Funds for Public Service Campaign. From: Horn
17. Paper on Background Information Sent to Edward Kennedy Re: Truman's
Past WW II Amnesty Board.
18. Figures as of COB, January 31, 1975. From: Handwerger To: Staff
19. Outline of Sealing Issues. From: Strauss
To: Tropp, Baskir
20. Scope of Quality Control Activities for Initial Summaries.
From: Hansen
To: Baskir
21. Sealing the Records of Persons Granted Clemency.
From: Strauss
To: Tropp, Baskir
22. Case Notes.
From: Klein
To: Baskir
23. Eligibility of Inmate Applicants. From: Strauss To: Baskir, Tropp
24. Expediting the Announcement of Dispositions of Decided Cases.
From: Craig
To: PCB
25. Success Rates for Military Discharge Review Boards.
From: Strauss
To: Goodell
26. Three Decisions on Your Clemency Program.
From: Goodell
To: President
LAWYER REFERRAL SERVICES
New York County Lawyers Association
14 Vesey Street
New York, New York 10007
212/267-6646
For persons with oustanding AWOL offenses:
Clemency Information Center
1100 West 42nd Street
Indianapolis, Indiana 46208
317/635-8259 (accepts all collect calls)
For California and neighboring states:
Los Angeles County Bar Association Clemency Committee
606 S. Olive
Los Angeles, California 90014
213/624-8571
For Arizona and the Southwest states:
Martori, Meyer, Hendricks, and Victor
Attn: Larry Hammond
26th Floor
3003 N. Central Avenue
Phoenix, Arizona 85012
602/263-8287
OR YOUR LOCAL PUBLIC DEFENDER SERVICE OR LEGAL AID SOCIETY
*
*
x
*
*
*
The Pardon Attorney's address: Pardon Attorney, Lawrence Traylor,
Department of Justice, Washington, D. C. 20530
Current telephone number of Ft. Benjamin Harrison:
317/542-3417, and telephone number for ACLU office of
Ft. Benjamin Harrison: 317/635-8259.
FORD i LIBRARY GENALD
REFERRAL LIST for Upgrading Discharges
Commanding Officer
U.S. Army Admin. Center
The Adjutant General's Office
9700 Page Blvd.
St. Louis, Missouri 63132
*
Army Discharge Review Board
Room IE 479, The Pentagon
Washington, D. C. 20310
ox 5-4682
Statute of Limitations: 15 years from date of discharge
Army Board for Corrections of Military Records
Room 1E 512, The Pentagon
Washington, D.C. 20310
ox 7-4254
Statute of Limitations: 3 years within discovery of
error or injustice--exceptions
*
Air Force Discharge Review Board
allowed with justification
Commonwealth Building
1300 Wilson Blvd., Room 903
Arlington, Virginia 22209
ox 4-5249
Statute of Limitations: 15 years from date of discharge
Air Force Board for the Correction
of Military Records
Room 5C 860, The Pentagon
Washington, D.C. 20330
ox 5-2359
Statute of Limitations: 3 years within discovery of
error or injustice--exceptions
*
**
Navy Discharge Review Board
allowed with justification
Navy Department, Arlington Annex
Room G711
Washington, D.C. 20370
ox 4-1648
Statute of Limitations: 15 years from date of discharge
Board for Correction of Naval Records **
Department of Navy, Arlington Annex
Washington, D.C. 20370
Statute of Limitations: 3 years within discovery of
*
error or injustice--exceptions
FORD
Coast Guard
allowed with justification
Boards of Review of Discharges & Dismissals
GERAL
Coast Guard Headquarters
LIBRARY
Washington, D.C. 20590
426-1317
Statute of Limitations: 15 years from date of discharge
*
Applicants should apply to the Discharge Review Board first. If the appli-
cant wants to appeal his decision, he can take his case to the Board for
Corrections. After 15 years, all cases should go directly to the Board for
Corrections.
This address also applies to Marines.