Ask the Scholar

{
    "localId": "18558985",
    "label": "Training Handbook (2)",
    "core": "doc",
    "dtoType": "document",
    "citationUrl": "https://catalog.archives.gov/id/18558985"
}

{
    "id": "18558985",
    "sourceUrl": "https://catalog.archives.gov/id/18558985",
    "contentType": "document",
    "title": "Training Handbook (2)",
    "citationUrl": "https://catalog.archives.gov/id/18558985",
    "collections": [
        "Charles E. Goodell Papers",
        "Presidential Clemency Board Subject Files"
    ],
    "subjects": [
        "President (1974-1977 : Ford). Presidential Clemency Board. 9/16/1974-9/15/1975",
        "Amnesty"
    ],
    "iiifBase": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/ford/grf-0193/648291/18558985.pdf",
    "thumbnailUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/ford/grf-0193/648291/18558985.pdf",
    "largeImageUrl": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/ford/grf-0193/648291/18558985.pdf",
    "imageCount": 1,
    "hasImages": true,
    "source": "import",
    "hasTranscription": false
}

{
    "url": "https://catalog.archives.gov/id/18558985",
    "naId": 18558985,
    "coverageEndDate": {
        "logicalDate": "1975-03-31",
        "month": 3,
        "year": 1975
    },
    "coverageStartDate": {
        "logicalDate": "1975-03-01",
        "month": 3,
        "year": 1975
    },
    "levelOfDescription": "fileUnit",
    "recordType": "description",
    "ocrSource": "nara-archive"
}

{
    "seq": 1,
    "pageIndex": 0,
    "type": "document",
    "url": "https://s3.amazonaws.com/NARAprodstorage/lz/presidential-libraries/ford/grf-0193/648291/18558985.pdf",
    "mediaId": "ea6989fce36f095b",
    "ocrText": "The original documents are located in Box 10, folder \"Training Handbook (2)\" of the\nCharles E. Goodell Papers at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Charles Goodell donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nDigitized from Box 10 of the Charles E. Goodell Papers at the Gerald R. Ford Presidential Library\nIID. Quality Control\nII D\nPREPARATION OF INDIVIDUAL CASE SUMMARIES\nQUALITY CONTROL\nQuality control checks draft\nSummary typed in final form\nSummary preparer checks final copy\nQuality control rechecks\n30 copies of each summary are distributed\nPRESENTATION TO CLEMENCY BOARD\nGERALD\nFORD & LIBRARY\nII-D-1\nTHE PRESIDENTIAL CLEMENCY BOARD\nOLD EXECUTIVE OFFICE BUILDING\nWASHINGTON, D.C. 20500\nBOARD MEMBERS\nPHONE: (202) 456-6176\nCharles E. Goodell, Chairman.\nRalch W. Adams\nlames P. Délupóvito\nRobert H. Finch\nTheodore M. Hesburgh. C.S.C.\nVernon L. bordan\nJames A. Maye\nAnda Casanas O'Connor\nLewis W. Walt\nJanuary 15, 1975\nMEMORANDUM FOR:\nCase Attorneys and Secretaries\nFROM:\nFred Hansen FH\nSUBJECT:\nQuality Control Unit - Responsibilities\nThe purpose of the Quality Control Unit is fivefold:\n1. To ensure that all factual material included\nin a case summary is accurate;\n2. To ensure that all factual material included in\na mini-summary is accurate;\n3. To ensure that there are no typographical, spelling\nor grammatical errors in case summaries;\n4. To ensure that there are no typographical, spelling\nor grammatical errors in mini-summaries; and\n5. To provide uniformity of style and structure for all\nminí-summaries.\nThe purpose of Quality Control is not to be the correction service\nfor the case attorneys or the typists. The respective work pro-\nduced by the case attorneys and the typist is presumed to be error\nfree.\nTo be able to facilitate the work of the Quality Control Unit it\nwould be helpful if the following steps are taken.\nGERALD ? FORD\nWhen a case summary has been completed by the case attorney it will\nbe typed, rough draft, double-spaced in the normal manner. Copy\nwill be returned to the case attorney for proofing. When proofed,\na copy will be made and copy, original and case file will\nbe given to the Quality Control Unit (my top In-Out mail box).\nIf any errors are discovered by the Quality Control Unit they and\nthe corrections will be discussed with case attorney. All errors\nand corrections made by Quality Control will be left to stand\nunless the case attorney can verify, from the file, the contrary.\nAt times, Quality Control will not be able to find verification\nfor certain facts from the file. In these cases Quality Control\nwill ask the case attorney for assistance in finding that verifica-\ntion in the file.\nOnly those corrections which are spelling, typographical or gram-\nmatical will not be checked with the case attorney. All other\nerrors and consequent charges will be discussed with the case\nattorney before the case goes to be typed into final form.\nIf no factual errors are found the case summary will proceed to\nbe typed into final form.\nFor everyone's information, a part of the checks made by Quality\nControl will be to have Neil Broder check all military cases for\nlogical consistency relative to sentence, suspension, time served,\netc.\nOnce the case summary has been typed in final form, Quality Control\nwill check once more to ensure no errors before it is reproduced\nand readied for Board action.\nProcedures to assist Quality Control with mini-summaties will be\nforthcoming shortly.\nII-D-2\nTHE PRESIDENTIAL CLEMENCY BOARD\nOLD EXECUTIVE OFFICE BUILDING\nWASHINGTON, D.C. 20500\nBOARD MEMBERS\nPHONE: (202) 456-6476\nCharles E. Goodell. Chairman\nMarch 17, 1975\nRalph W. Adams\nJames P. Dougovito\nRobert H. Finch\nTheodore M. Hesburgh. C.S.C.\nVernon E. Jordan\nJames A. Maye\nAida Casanas () Connor\nLewis W. Walt\nMEMORANDUM\nTO:\nQUALITY CONTROL TEAM\nFROM:\nFRED HANSEN\nSUBJECT:\nPROCEDURE FOR QUALITY CONTROL\nWhen a case summary has been completed by the case attorney it\nwill be typed, double spaced, in the normal manner. Copy will be\nreturned to the case attorney for proofing. When proofed, a copy\nwill be made and both copy and original will be given to Quality\nControl Unit. Case summary original draft and copy should be\nattached to the complete case file.\nA Quality Control Sign-Off Slip will then be attached to the case\nsummary original draft and will be initialed and dated by Quality\nControl team leader. The Quality Control Unit will use the case\nsummary original draft copy as its work sheet. Quality Control\nUnit will mark by check all facts to be verified.\nQuality Control Unit will confirm all facts against file, circling\nthe check mark designating correct facts. For errors, lines will\nbe drawn from the check mark to the place where the correct answer\nis written.\nThe copy with all facts marked and checked will then be returned to\nthe case attorney by the Quality Control Unit member responsible\nfor doing the checking. All errors will be discussed with the case\nattorney. All corrections, additions and deletions suggested by\nQuality Control will be left to stand unless the case attorney can veri\nfy or otherwise convince the Quality Control team member that such\nchanges should not be made.\n- 2 -\nIt is most important that any facts not able to be verified by the\nQuality Control Unit must be verified by the case attorney to the\nQuality Control Unit. Such verifications can come only from the\ncase attorney producing such facts from the file.\nAll corrections will then be entered on the case summary original\ndraft. Although the case attorney is responsible for correcting\nall typographical, grammatical and spelling errors, these kinds of\nerrors should also be checked by the Quality Control Unit team\nmember handling the case. All corrections should likewise be noted\non the case summary original draft.\nRelative to initial case summaries, Quality Control's purpose is not\nto edit the summaries for stylistic reasons. Quality Control should\nbe concerned with style only when its quality is so poor as to make\nit difficult to understand what is being written.\nWhen all changes in the case summary have been made and agreed to\nby the case attorney and the Quality Control team member, the\nQuality Control Unit team member responsible for checking the case\nsummary should initial the Quality Control Sign-Off Slip and attach\nthis to the correct case summary original draft and the Quality Control\nwork sheet. This package should then be delivered to me. This\nQuality Control Unit team member should refile the case file.\nThe corrected case summary is then reviewed by the team leader for\nthe Quality Control Unit and/or the Executive Secretariat. When this\nreview is completed the original draft will go to the typist for typing\nin final form. The case attorney will then proof and have corrected\nany errors contained in the finalized case summary. The Quality\nControl work sheet, the corrected case summary and the Quality\nControl Sign-off Slip will be returned to the team leader of Quality\nControl.\nBeyond checking the factual accuracy contained within the initial case\nsummary drafts, Quality Control needs to verify that each of the\nfollowing category of facts, when appropriate, are either contained\nwithin the case summary or it is expressly stated that such informa-\ntion is not available. In those special circumstances such as facts\nneeded for baseline computation or reasons for AWOL for individuals\nwho have served successfully in Vietnam, the case attorney will have\nto make a special effort, beyond what is contained in the case file,\nto obtain such information. The list of necessary categories of inform-\nation are as follows:\n- 3 -\n1. Total time served (post and pretrial confinement).\n2. Alternate Service - -- if perform, if performed satisfactorily,\nand length of Alternate Service.\n3. Time served on probation or parole and if entire period satis-\nfactorily completed.\n4. Current sentence.\n5. Race.\n6. Age.\n7. Family background and environment.\n8. Reason for going AWOL, missing movement, refusing induction\nor not keeping draft board informed of current address.\n9. Prior criminal convictions.\n10. False statements to the Presidential Clemency Board.\n11. Any use of force collaterally to AWOL, desertion or missing movement.\n12. Desertion during combat.\n13. Prior refusal to fulfill Alternate Service.\n14. Violation of probation or parole.\n15. Length of AWOL/UA (total time).\n16. Offense.\n17. Education and intelligence ratings (military or civilian) and\neducation level.\n18. Personal and family circumstances at the time of the offense or\nafterwards.\n19. Mental or physical condition which helps explain offense.\n- 4 -\n20. Employment and other activities of service to the public since\nconviction or discharge.\n21. Service-connected disability, wounds in combat, or special\ndecorations and commendations.\n22. Period of creditable military service.\n23. Tours of service in the war zone.\n24. Evidence of personal or procedural unfairness.\n25. Denial of conscientious objector status on procedural, technical\nof improper grounds.\n26. How applicant came under military or civilian control - - surrender\nor apprehension.\n27. Behavior which reflects mental stress caused by combat.\n28. Volunteering for combat or extension of service while in combat.\n29. Military conduct and proficiency ratings.\n30. Personal decorations for valor.\n31. Any other major item included in the case summary, which will\nprobably influence the Board in their decision.\nTHE WHITE HOUSE\nWASHINGTON\nPRESIDENTIAL CLEMENCY BOARD\nOld Executive Office Building\nRoom 460\nWashington, D. C. 20500\nDear Sir:\nYour application to the Clemency Board has been received. We\nare sending to you some additional information which will help\nyou understand how we will review your case.\nThe most important thing that you should look at is the Initial\nCase Summary. This is a brief statement of the facts of your\ncase and your personal background that has been made from your\nmilitary records. The summary has been enclosed so that you may\nsce the main tool that the Board will use when we review your case.\nLike the Board, you and your attorney may also see your entire\nfile.\nPlease read your summary very carefully. If anything in the\nsummary is wrong or if there is anything you want to explain,\nplease tell the Board. You may also inform the Board of any\nother information that you think we should consider.\nIf you want\nto write, please write soon. If we do not receive your comments\nwithin twenty days from receipt of this letter, we may have to go on\nwith your case without them.\nWe have also sent to you the Instructions for preparing summaries.\nThis is what the Presidential Clemency Board gave to its lawyers\nto tell them how to prepare your summary. We hope that it will\nis\nFORD\nexplain to you what each item on your summary means.\nPlease remember that there are certain facts in your summary\nGERALD\nthat the Board will not consider because we do not consider them\nrelevant. In order to expedite the processing of your case, however,\nwe decided that substantially all the information from your file should\nbe included in the summary. Some of this information may be either\ninaccurate or embarrasing to you. Your input, therefore, becomes\nimportant if the Board is to consider those there concerning your\ncase which you believe are important.\n- 2 -\nThe Board suggests that you have an attorney. If you would\nlike the name of an organization that would recommend to you\na free attorney, or if you have any questions about the summary\nof the Presidential Clemency Board, please write or telephone us.\nPresidential Clemency Board\nWhite House\nWashington, D. C. 20500\nPhone: (202) 456-6476\nSincerely,\nCharles E. Goodile\nCharles E. Goodell\nChairman\nEnclosures\nIIE. Presentation to the Clemency Board\nII E\nQUALITY CONTROL\nPRESENTATION TO THE CLEMENCY BOARD\nCase # is called\nCharge, sentence, status read\nPreparer begins oral presentation of\nsalient facts in background\nCircumstances of the offense\nAdditional salient factors not previously\nrelated to the Board (letters, etc.)\nBaseline determined\nA&M considered\nBoard arrives at recommendation\nFORD & LIBRARY GERALD\nDISPOSITION\nII-E-1\nTHE PRESIDENTIAL CLEMENCY BOARD\nOLD EXECUTIVE OFFICE BUILDING\nWASHINGTON, D.C. 20500\nBOARD MEMBERS\nPHONE: (202) 456-6476\nCharles F. Goodell, Chairman\nRalph W. Adams\nlames P. Dougovito\nRobert H. Finch\nTheodore M. Hesburgh. C.S.C.\nVernon E. Jordan\nJames A. Mave\nMarch 13, 1975\nAida Casanas O'Connor\nLewis W. Walt\nMEMORANDUM FOR:\nStaff Attorneys\nRDK\nFROM:\nBob Kodak\nSUBJECT:\nRecurrent Problems with Case Presentations\nBelow you will find listed those problems discussed at the critique\nsessions following the last Board meeting (March 6, 7 and 8). These\nsessions will become a regular feature, so while you are attending\nBoard meetings please jot down. any problems you see arise and any\nsolutions you can suggest. The noticeable problems from this last\nmeeting were:\n1. Letters from the applicant are being overlooked. You should\nmark the pertinent parts and have the letter attached to the summary\nto prevent fumbling through the file and wasting time. If no letter,\nthen state that fact.\n2. For the future there will be no reference in summaries or oral\npresentations to. Discharge Review Boards.\n3. Aggravating and mitigating factor sheets should be filled out\nbeforehand, especially on upgrade cases.\n4. Know the reasons for the AVOL -- even if it means writing or\ncalling applicant, or if he has an attorney, his attorney.\nFORD\n5. Baseline -- some people still are not sure on how to figure it\nout. If you feel you fall into this category please see your team\nleader.\nGERALD\n6. There have emerged two situations where full pardons are being\ngranted. They are to people who have successfully completed 24\nmonths alternate service and those of the Quaker, Muslim or Jehovah's\nWitness faiths. If you have one of these situations tell the Board\nfirst thing so you don't have to waste time going through the entire\nsummary.\n7. Don't read the case summary to the Board. Go through the back-\nground and hit the highpoints. Pinpoint the aggravating and miti-\ngating factors as they appear in the background. Do the same for\nthe circumstances of the offense, plus go into more detail in this\nportion of the summary.\n8. For Selective Service cases with allegations or evidence of\nprocedural irregularities have all the facts down. Likewise for\nVietnam veterans.\n9. If a case presents any unusual problems the case attorneys\nshould notify someone of problems well in advance, i.e., the team\nleader.\n10. Speak to entire Board when presenting a case, not just the\nChairman.\n11. Allow the Chairman to determine the baseline, if possible, but\nthe case attorney should have it ready in case he is requested to\ndo it for the Board.\n12. After the Board runs through the aggravating and mitigating\nfactors you should suggest those which, in your considered judg-\nment, you feel exist and can be supported by evidence in the file.\n13. If you have a character letter to read to the Board please\npreface your recitation by stating the author's station in life,\noccupation, relation to applicant, etc., if that fact is known.\n14. If your applicant has an Air Medal please tell the Board what\nunit he served with, i.e., if not Infantry then Air Cavalry.\n15. If you have an applicant who allegedly deserted in combat then\nbe ready to explain all the circumstances and factors of the AWOL.\nIIF. Disposition\nII F\nPRESENTATION TO THE CLEMENCY BOARD\nDISPOSITION\nRecommendation to the President and\nhis determination\nDisposition sheet distributed (baseline,\nA&M factors, case computations)\nA&M form updated and distributed\nBest Address/Pertinent Information Form\nreview and updated and distributed\nNotification of applicant by certified\nmail\nWhichever applicable:\nNotification of Selective Service\n(copy of applicant letter)\nNotification of respective Armed\nService\nNotification of Pardon Attorney\nNotification of Federal Bureau of\nPrisons and U.S. Board of Parole\nNotification of Probation Services\nFORD is LIBRARY GERALD\nII-F-1\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nMarch 14, 1975\nMEMORANDUM FOR:\nGRETCHEN HANDWERGER\nROBERT KNISELY\nDAVID HICKMAN\nFROM:\nRAY MITCHELL\nSUBJECT:\nDissemination of Presidential Clemency\nBoard Decisions After Approval by the\nPresident\nTo formulate a smooth and orderly flow of information in re decisions\nof the Presidential Clemency Board subsequent to approval and announce- -\nment of these decisions by the President, I have undertaken to outline\nbelow the present procedure as I know it. Since this process is presently\nbeing performed by several personnel on an ad hoc basis, I suspect the\ninformation here outlined is somewhat incomplete and less than totally\naccurate. Copies of this outline will be furnished to Gretchen Handwerger\nand Bob Knisely for review and suggestions. After review by the afore-\nmentioned staff members, it is recommended that the procedure be finalized\nin a written standard operating procedure (SOP).\nI.\nGeneral Procedure Subsequent to Board's Decision:\nA\n\"Disposition Sheet\"\nGERALD R. FORD\nThomas O'Hare has the responsibility of completing a\n\"disposition sheet\" of Board decisions at the end of each\nmeeting day. The disposition sheet shall include the PCB\n-2-\ncase number, base line, aggravating and mitigating factors,\ndecision, PCB case attorney, and any other special notes\nrelevant to a particular case. The information contained\nin such disposition sheet shall be verified with the notations\nmaintained by Gretchen Handwerger and Chairman Goodell.\nCopies of the disposition sheet shall be furnished to Ray\nMitchell for distribution to PCB case attorneys and the\nrecords section no later than two (2) working days after the\nlast day of a Board meeting. Such disposition sheets are to\nbe utilized by the PCB staff to verify records, maintain PCB\nattorney case dockets, and complete the various forms dis-\ncussed below.\nB. \"Aggravating and Mitigating Forms\"\nUpon distribution of the disposition sheet, Ray Mitchell is\nresponsible for ensuring that a separate form, in duplicate,\nlisting aggravating and mitigating factors (A & M), is typed\nfor each case on which the Board rendered a final decision\nat its last meeting. Upon typing, these forms shall be\ndistributed to the staff team leaders and subsequently to each\nPCB case attorney for verification. After such verification,\nthe PCB attorney shall sign each A & M form and return one\ncopy to the appropriate team leader for return to Ray Mitchell.\nThe second copy will be placed in the applicant's case file to\n- -3-\nbe maintained therein. Utilization of such forms thereafter\nis discussed below.\nC. \"Best Address/Pertinent Information Forms\"\n1. The PCB case attorney is responsible for completing\n\"Best Address/Pertinent Information Forms\" (BA-PI),\nin duplicate, for each applicant at the time of the\ndrafting of the initial case summary. Such forms shall\nbe placed in each file when a summary has been completed.\nBlank copies of such forms shall be supplied to staff\nteam leaders for distribution to PCB case attorneys by\nBen Benson.\n2. Upon receipt of the \"disposition sheet, \" as discussed\nabove, each PCB attorney shall immediately review the\naccuracy of the BA-PI form for each case on which the\nBoard rendered a decision during the past meeting.\nSuch review shall include recording of the Board deci-\nsion in the applicable space provided on the BA-PI\nforms. One copy of the BA-PI form shall be returned\nto the case file to be maintained therein. The PCB\nGEAAL it. FORD\nattorney shall give second copy of the BA-PI form to\nhis team leader. The team leaders are responsible\nfor ensuring that a complete and accurate copy of the\n-4-\nof the BA-PI form for each decided case is\nfurnished to Ray Mitchell.\nNOTE: Should PCB case attorneys become aware during the\naforementioned process of any reason that necessitates with-\nholding a case from presentation to the President, it is incum-\nbent on such attorney to notify Gretchen Handwerger immediately.\nII.\nNotification Procedure:\nA. Individual Applicants\nThe applicant is notified of the decision of the Presidential\nClemency Board via a letter drafted by Gretchen Handwerger.\nIt is my understanding that the notification letter is standard-\nized and contains basic information about the Board's deci-\nsion and what the applicant is expected to do. I believe the\nletter is sent to the applicant by certified mail, return receipt\nrequested. 11 Xerox examples of such letter should be attached\nto the SOP.\nB. Selective Service (Notification to the Selective Service should\nbe sent to the attention of Mr. Barber)\nCol. Benson has informed me that no notification or other\ninformation need be sent to the Selective Service for those\napplicants receiving immediate pardon. For those applicants\nwho are required to fulfill a period of alternate service as a\n-5-\ncondition of receiving a pardon, the Selective Service is\napprised of the Presidential Clemency Board decision by\nway of copies of the notification letters which are sent to\nthe applicants. From such copies the Selective Service\nmay obtain the name and address of the applicant, the\nPresidential Clemency Board decision, and the length of\nthe alternate service required.\nC. The Respective Armed Services\nBy a memorandum from Col. Benson dated February 3,\n1975, I was informed that the respective Armed Services\nshould be notified of the Board decisions concerning appli-\ncants who were discharged under their auspices. To my\nknowledge, this is not now being done. According to Col.\nBenson, the process should be as follows:\n1. When the Clemency Board reaches a decision on\na case, the respective Armed Service is notified\nby the Board by forwarding a copy of the Board's\ndecision to that Service. No further action is\nrequired by the Board.\n2. The respective Armed Service will automatically\nissue a Clemency Discharge Certificate upon receipt\nof certification from the Selective Service System that\nGERALD\nthe individual concerned has completed his alternate\nservice.\n-6-\n3. In cases where the Board grants an outright\nPardon, the respective Service will issue\nappropriate certification automatically upon\nreceipt of a copy of the Board's action.\nThe respective Service shall be notified at the\nfollowing addresses:\nARMY\nCommander\nReserve Components Personnel and\nAdministration Center\nATTN: AGUZ-PSD\n9700 Page Boulevard\nSt. Louis, Missouri 63132\nNAVY\nChief\nBureau of Naval Personnel (Pers 83)\nDepartment of the Navy\nWashington, D.C. 20370\nAIR FORCE\nAir Force Military Personnel Center\nDPM DOP3\nRandolph AFB, Texas 78148\nMARINE CORPS\nHeadquarters\nUnited States Marine Corps\nCode: MM\nWashington, D.C. 20380\nD. United States Pardon Attorney (Attention: Ms. Kathryn\nBurnup, Staff Assistant, Office of the Pardon Attorney)\nThe information needed by the Pardon Attorney is as\nfollows:\n-7-\nName of applicant; District Court of conviction\nfor draft evaders or branch of Service for\nmilitary offenses; date of conviction; date of\napproval by the President; and a copy of master\nwarrant.\nThe present procedure utilized by the Pardon Attorney is\nto send the aforementioned information along with the\nmaster warrant to the Department of Justice for the\nofficial seal. The master warrant list is then returned\nto us. Presently the Pardon Attorney is assuming no\nadditional duties in this process. I request that we\nendeavor to convince the Pardon Attorney to process our\ncases as he does other cases of individuals who are routinely\npardoned. This would include the additional duties of notifying\nindividuals (i.e., notifying the individual and his attorney\nand sending the copy of the master warrant; notifying the\nFBI so that the pardon will be reflected in the files; notifying\nthe U.S. Attorney in civilian cases; or the appropriate\nmilitary branch of service in military cases). It should be\nemphasized that the aforementioned notification is not now\nbeing performed by anyone and if we cannot convince the\nPardon Attorney to do this, we will be required to notify\nthese individuals and agencies ourselves.\n-8-\nE. Department of Justice\nAside from the FBI mentioned above, interested agencies with-\nin the Department of Justice are the U.S. Board of\nParole and the Bureau of Prisons. It is imperative that\nthe Federal Bureau of Prisons be notified of the Board\ndecisions on cases of furloughees. No decision of the\nBoard has yet resulted in less than commutation of the\nsentence of a furloughee. Accordingly, the Federal Bureau\nof Prisons must be notified so that they will be aware that\nsuch furloughees are no longer within their jurisdiction.\nThis notification should be sent to Mr. Norman Carlson,\nDirector, Federal Bureau of Prisons. Likewise, the U.S.\nBoard of Parole should be advised of the decisions as to\nthose applicants who are under supervision. This notifica-\ntion should be sent to Mr. Joseph Barry, General Counsel,\nU.S. Board of Parole.\nF. The Administrative Office of the U. S. Courts\nThe U. S. Probation Services which is an agency of the\nAdministrative Office of the U. S. Courts must be apprised\nof all Board decisions affecting applicants who are under\nprobation supervision. Presently, the notification letter\nto the applicants instructs them to notify the probation\nsupervisor of the Board's decision. The supervisor can\n-9-\nthen verify the Board's decision through the probation\nservices in Washington, D. C. Notification of the Board's\ndecision should be sent to Mr. Mike Keenan, U. S. Probation\nServices, Washington, D. C.\nis\nFOR\nGENALD\nII-F-2\nB Attorney:\nPCB Case Number (in full):\nDisposition of case\nName of applicant (in full; last name first)\nLAST\nFIRST\nMIDDLE\nBest address:\n(include\nzip code)\nOther address (if listed):\n(include zip code)\nBest telephone number (with area code):\nther telephone numbers (if any with area code):\n(identify)\nAttorney (if any):\nLaw Firm name (if any):\nAttorney address (if any):\n(include zip code)\nAttorney telephone number (with area code).\nBranch of Service (If Military)\nDistrict Court of Conviction (If Civilian)\nDate of Conviction\nIs applicant now on parole or probation?\nIf so, give name and address of supervisor\nIf a Senator or Congressman is to be informed of disposition of case, give\nname and address.\nREMARKS (especially if pertinent to contacting applicant ither by phone or mail):\nII-F-3\n1\nPRESIDENTIAL CLEMENCY BOARD\nTHE WHITE HOUSE\nWASHINGTON, D.C. 20500\nSUMMARY OF DECISION\nIn deciding how many months of alternative service you must do to receive your\npardon, the Presidential Clemency Board made the following calculation:\nStarting Point\n24 Months\nLess Three Times\nMonths Served in Prison\n-\nMonths\nLess Alternative Service Performed if Entire Period\nSatisfactorily Completed\n9\nMonths\nLess Time Served on Probation or Parole if Entire\nPeriod is Satisfactorily Completed\n-\nMonths\nBASELINE\nMonths\nJudge's Sentence to Imprisonment as Reduced by Competent\nAuthority, which is the Baseline\nif Less Than the Above Figure\nMonths\nMinimum Baseline\n3 Months\nFinal Baseline for Determining the Period of Your\nAlternative Service\nMonths\nThe factors marked with an \"X\" below were used by the Board to decide whether\nto increase the period of your alternative service:\n(1).\nPrior criminal convictions\n(2).\nFalse statement to the Presidential Clemency Board\n(3).\nUse of force collaterally to AWOL, desertion, or missing movement\n(4).\nDesertion during combat\n(5).\nEvidence that you committed your offense for obviously manipulative\nand selfish reasons\n(6).\nPrior refusal to fulfill alternative service\n(7).\nViolation of probation or parole\n(8).\nMultiple AWOL/UA offenses\n(9).\nLength of AWOL/UA\nNone of the above\nThe factors marked with an \"X\" below were used by the Board to decide whether\nto decrease the period of your alternative service:\n(1).\nLack of sufficient education or ability to understand your obligations\nunder the law\n(2).\nPersonal and family circumstances either at the time of your offense\nor afterwards\n(3).\nMental or physical condition\n(4).\nEmployment and other activities of service to the public since your\nconviction or military discharge\n(5).\nService-connected disability, wounds in combat, or special decorations\nand commendations\n(6).\nPeriod of creditable military service\n(7).\nTours of service in the war zone\n(8).\nSubstantial evidence of personal or procedural unfairness\n(9).\nDenial of conscientious objector status on procedural, technical,\nor improper grounds\n(10).\nEvidence that you acted for conscientious, not for manipulative or\nselfish reasons\n(11).\nVoluntarily submitted yourself to authorities\n(12).\nBehavior which reflects mental stress caused by combat\n(13).\nVolunteering for combat, or extension of service while in combat\n(14).\nAbove average military conduct and proficiency\n(15).\nPersonal decorations for valor\nNone of the above\nBased on these factors, the Board's decision is that your\nmonth baseline\nshould be\n.\nTherefore, you will be\ngranted your pardon after you perform\nmonths of alternative service.\nCase Number\nStaff Attorney\nIII. Legal Information\nIII A\nNovember 21, 1974\nMEMORANDUM TO:\nThe Presidential Clemency Board\nFROM:\nH. Neil Broder\nStaff Attorney\nSUBJECT:\nOverview of Militarv Justice\nThe purpose of this memorandum is to provide an overview of\nthe court-martial system. In order to facilitate the Board's under-\nstanding, the following model case will be traced from its inception\nthrough ultimate appellate review.\nPrivate First-Class John F. Ames, 012 34 5678,\nattached to Headquarters, Service Battalion, Fort\nFentagon, Washington, D. C., absented himself without\nauthority on 1 September 1963. Cn 1 October 1968 he\nwas administratively declared a deserter and dropped\nfrom the unit rolls. On 1 June 1972 Private Ames\nsurrencered to military control. He was tried and con-\nvicted pursuant to his nlea by general court-martial and\nsentenced to a dishonorable discharge, confinement at\nhard labor for 12 months, total forfeitures and reduction\nto pay grade E-1. The convening authority aporoved\nthe sentence but reduced the confinement portion to 10\nmonths. The U. S. Army Court of Military Review\naffirmed the conviction and approved only so much of\nFORD\nthe sentence as extends to a bad conduct discharge,\n&\nconfinement at hard labor for 8 months, total for-\nfeitures for S months and reduction to pay grade E-1.\nGERALD\nLIBRARY\nAmes has filed a petition for a grant of review before\nthe U. S. Court of Military Appeals.\n- 2 -\nFor purposes of discussion court-martial jurisdiction is assumed.\nAreas of especial interest to the Board's review of military appli-\ncants will be highlighted.\n1. Ames surrenders: AWOL charge preferred\nAny possible disciplinary/administrative action against\nPrivate Ames will be initiated by a review of his service records.\nTherein entries monitor his total activities. Properly executed\nentries should reflect (1) the assumption of a status of unauthorized\nabsence on 1 September 1963, (2) an administrative desertion separ-\nation on 1 October 1963, and (3) a surrender to military control on\n1 June 1972. Based upon this information an investigation will be con-\nducted to determine if sufficient evidence exists to warrant the pre-\nferral of charges. Preferral of charles is the military term of art\nwhich describes the act roughly equivalent to the filing of a criminal\ncomplaint. Prosecutions for AWC L are usually predicated upon ser-\nvice record entries.\nGiven sufficient evidence for preferral, an individual known as\nan accuser will sign and swear to a charge of ANOL against Private\nAmes. The formal written accusation consists of two parts. the tech-\nnical char 10 and the specification. The charge and specification\nlodged against Private Ames will appear as follows:\nCharge: Violation of the Uniform Code of\nMilitary Justice, Article 86.\nSpecification: In that Private First-Class\nJohn R. Ames, U. S. Army, Headquarters,\nService Battalion, Fort Pentagon, Washington,\nD. C., did, on or about 1 September 1963,\nwithout authority, absent himself from his\nunit, to wit: Headquarters, Service Battalion,\nlocated at Fort Pentagon, Washington, D.C.,\nand did remain 30 absent until on or about\n1 June 1972.\nThe charge will then be incorporated in a document known as the charge\nsheet.\n- 3 -\n2. Formal disposition: Trial by Court-Martial\nOnce preferral has occurred, the charge is subjected to a\npreliminary inquiry to determine its formal disposition. It is at this\ntime that a decision for non-judicial punishment (NJP), judicial\npunishment (court-martial), administrative action or no action at all\nwill be made. Charges that are trivial, do not state offenses, are\nunsupported by available evidence and/or are outweighed by sound\nreasons ior not punishing the accused are dismissed. If the offense\nis minor the accused's immediate commanding officer may impose\nnon-judicial punishment. The term minor includes misconduct not\ninvolving any greater degree of criminality than is involved in the\naverage offense tried by summary (the lowest level of) court-martial.\nThis term ordinarily does not include misconduct of a kind which, if\ntried by general (the highest level of) court-martial, could be punish-\nable by a dishonorable discharge and/or confinement at hard labor\nfor more than one year.\nIf trial by court-martial is deemed appropriate, as would in\nall likelihood be the case with Private Ames, the charge would be for-\nwarded through the chain of command to the officer exercising summary\ncourt-martial jurisdiction over the command of hich Ames is a member.\nBefore the charge is forwarded Ames will be informed thereof and he\nwill be requested to so indicate on the charge sheet. The charge sheet\nwill also contain a notation if Ames had been permitted, but has elected\nto refuse, non-judicial punishment. Charges such as the one lodged\nagainst Ames which would be tried in all probability by either special\nor general court-martial, will be forwarded by a letter of transmittal\nto include (1) a summary of the evidence expected from any source,\n(2) all available documentary evidence, (3) evidence of admissble\nprior convictions by court-martial; (1) an explanation of any unusual\nfeatures of the case, and (5) a specific recommendation as to disposition.\nIn determining at which level of court-martial Ames should be\ntried, the officer exercising summary court-martial jurisdiction should\nconsider Ames' character and prior service, as well as all information\npertinent to the charge. If it is determined that the offense is so serious\nFORD & LIBRARY GERALD\nthat, if convicted, Ames should be punitively separated from the ser-\nvice (dishonorable or bad conduct discharge), then he must be referred\nto that level of court-martial authorized to award such a discharge.\n- 4 -\nA general court-martial may adjudge any punishment not forbidden\nby the Uniform Code of Military Justice. For the Board's purposes,\nthis authority generally includes dishonorable and bad conduct dis-\ncharges, confinement at hard labor not to exceed three years (legal\ndesertion terminated by apprehension), not to exceed one (1) year\n(AWOL in excess of 30 days), total forfeitures and reduction to the\nlowest enlisted pay grade. A special court-martial may adjudge any\npunishment not forbidden by the Code except death, dishonorable dis-\ncharge, confinement at hard labor in excess of six months, and for-\nfeiture of pay exceeding two-thirds pay per month for six months.\nFor the Board's purposes, a summary court-martial cannot adjudge\ndeath, either type of punitive discharge, confinement at hard labor\nin excess of one month and forfeiture of pay exceeding two-thirds pay\nper month for one month, among other punishments. In all cases\nthe jurisdiction of courts-martial is entirely penal and disciplinary.\nThere is no power to adjudge the payment of damages or to collect\nprivate debts.\n3. Charge referred to a General Court-Martial\nFollowing preferral, investigation and a tentative decision\nto try Aines by court-martial, the charge must be referred to a duly\nestablished court-martial. Referral of charges is the military term\nof art which describes the act roughly equivalent to the decision to\nprosecute. Referral is accomplished by means of an endorsement on\nthe charge sheet. When referral occurs the endorsement will refer\nspecifically to the convening order giving existence to the court-martial.\nCourts-martial are creatures of statute. They are formally\ncreated by a convening order issued by an individual known as the\nconvening authority. A convening order designates the kind of court\n(for Ames, probably a general court-martial), the time and place it is\nto meet, a military judge, court members and qualified lawyer counsel\nto represent both the government and accused such as imes. Court\nreporters are also detailed, but they are not listed on the convening\norder. An enlisted man such as Ames may be tried by a court com-\nposed of at least one-third enlisted personnel. Jurisdictional court\nmember minimums for a general court-martial and a special court-\nmartial are 5 and 3, respectively.\n⑉ 5 -\nAmes will be referred to either a general or a special court-\nmartial. Before such referral, however, certain basic considerations\nmust be met. Among the more relevant ones for the Board's review\nare that no charge may be referred to a general court-martial until\n(1) a formal investigation, roughly equivalent to a grand jury proceed-\ning. has been conducted, and (2) the investigation has been considered\nand reviewed by the staff judge advocate (legal counsel) to the conven-\ning authority. Assuming compliance with these fundamental considera-\ntions, Ames can be referred properly to a general court-martial. It\nshould be noted that Ames can waive his right to this formal investi-\ngation in which event the charge could be referred immediately to a\ngeneral court-martial. In view of the length of Ames' ANCL, the\njurisdictional punishment limitations of a special court-martial and\nthe prima facie case established by the service record book entries,\ntrial by general court-martial seems likely.\n4. Ames tried by General Court-Martial: convicted\npursuant to his plea; sentenced to a Lisnonorable\nDischarge, continement at hard labor 12 months,\ntotal forfeitures, reduction to pay grade F-1 rivate).\nOnce referral has been accomplished a trial date is set. At\nan accused's election he may be tried by judge and court members or\njudge alone. Court-martial proceedings are divided into two distinct\nphases. During the findings stage the ultimate issue of guilt or inno-\ncence is determined and during the sentencing stage the quantum of\npunishment is decided. The Manual for Courts-Martial (procedure\nestablished by the President) sets forth rules of evidence and all other\nmatter pertinent to courts-martial. An accused in the military is\naccorded a panoply of rights, including all constitutional rights not\nexpressly inapplicable to the military. The Board should be aware\nthat it is usually during the sentencing stage that an accused will pre-\nsent the circumstances surrounding his offense -- this case an AWCL.\nThis is known formally as an accused's case in extenuation and miti-\ngation. The government's case at this stage is denominated as the\ncase in aggravation. An accused may present his version of events\nin either a sworn or unsworn statement. The maximum imposable\n&\nFORD\npunishment is set by the level of court-martial and the Table of\nMaximum Punishments, the latter being a formal standard estab-\nGERALD\nLIBRARY\nlished by the President.\n- 6 -\n5. Convening authority approves sentence but\nreduces confinement at hard labor to 10 months.\nFollowing the trial the record is authenticated by the military\njudge. Non-verbatim and unauthenticated records will not support the\nimposition of a punitive discharge. Additionally, special courts-martial\ncannot award a bad conduct discharge unless a military judge has been\ndetailed and qualified counsel represents the accused. Courts failing\nto meet this standard are known as 'non-BCD specials\". After authen-\ntication, the record of trial is forwarded to the convening authority\nfor non-judicial review. There will be only one level of non-judicial\nreview for general courts-martial. There may be two levels of non-\njudicial review for special courts-martial depending upon the branch\nof service. In any event. the non-judicial reviewing officers (the\nconvening authority and the officer exercising general court-martial\njurisdiction) may approve only such findings of guilty and the sentence\nor such part or amount thereof, as they find correct in law and in fact\nand as they in their discretion determine hould be approved. Simply\nstated, they can disapprove the findings and/or the sentence for any or\nno reason. Such wide discretion may amount, in part, for the signifi-\ncant reductions of original sentences awarded to some of the military\napplicants.\nCritically important for the Board's edification is the standard\nby which the non-judicial reviewing officers determine what sentence\nshould be approved. Generally speaking, a sentence should be approved\nwhich is warranted by the circumstances of the offense and the previous\nrecord of the accused. Appropriate action should be taken to approve\na less severe sentence when, even though legal, it appears unneces-\nsarily severe. Whether the maximum or a lesser sentence should be\nimposed depends upon a consideration of all facts and circumstances,\nregardless of the stare of the trial at which they were established.\nAccordingly, evidence of other offenses or acts of misconduct which\nwere properly introduced may be considered, as well as evidence\nproperly introduced respecting the character of the accused and the\nnumber and character of any previous discharges and convictions.\nA guilty plea is a mitigating factor. Dishonorable discharges are re-\nserved for those who should be separated under conditions of dishonor,\nafter having been convicted of an offense usually recognized by the\ncivil law as a felony, or of offenses of a military nature requiring\nsevere punishment. A bad conduct discharge is a punishment designed\n- 7 -\nfor bad conduct rather than as a punishment for serious offenses of\neither a civil or military nature. It is an appropriate punishment\nfor an accused who has been convicted repeatedly of minor offenses\nand whose punitive separation seems necessary. The nature and\nduration of any pretrial restraint should also be considered. Unless\na non-judicial reviewing officer indicates otherwise, approval of any\npart of the sentence constitutes approval of the findings of guilty.\n6. Execution of Ames' sentence\nA non-judicial reviewing officer can order execution of a\nsentence at the time he approves it, unless it involves a general or\nflag officer, a sentence of death or dismissal, or an unsuspended\nsentence of dishonorable discharge, bad conduct discharge or confine-\nment at hard labor íor one year or more. Similarly, a sentence ex-\ntending to a suspended punitive discharge can be executed only to the\nextent of punishments other than the discharge. Those last conditions\nare relevant for the Board's revie as many of the military applicants\nhave adjudged or approved but unexecuted punitive discharges, while\nothers have adjun ed, approved and suspende punitive discharges.\nAfter final approval by the non-jucicial rei ie officer(s), the record\nof trial is forwarded to the appropriate Judge Advocate General for\njudicial review by the Courts of Military Review and, in some cases,\nby the United States Court of Military Appeals.\n7. U. S. Army Court of Military Peview affirms Ames'\nconviction and abroves only 30 much On the sentence\nas extenus to a bad cont act discarre, confinement\nat hard labor for 3 months, total forfeitures for 3\nmontus, ano reduction to pay grace C-1.\nReview by the Court of Military Feview is a matter of right in\nmost cases. In those special courts-martial where a bad conduct\ndischarge is not adjudged, the case is reviewed in the office of the\n&\nFORD\nappropriate Judge Advocate General. Accused are assigned free\nappellate counsel. This first level of appellate judicial review is most\nGERALD\nsignificant as the Courts of Military Review decide not only legal\nLIBRARY\nquestions, but they are also empowered to redetermine facts and to\nreview the propriety of sentences. In this regard, the military appel-\nlate courts are quite different from their counterparts in the federal\ncivilian system.\n- 8 -\n8. Ames files petition for a grant of review before\nU. S. Court of Military Appeals.\nIn most cases, review by the U. S. Court of Military Appeals\nis a matter of discretion. All cases in which the sentence, as affirmed\nby a Court of Military Feview, affects a general or flag officer or\nextends to death, and all cases reviewed by a Court of Military Review\nin which the appropriate Judge Advocate General orders review, must\nbe reviewed by the Court of Military Appeals. The overwhelming\nmajority of the cases before the Board appear to fall within the dis-\ncretionary review category. An accused must petition the high military\ncourt in order to obtain further appellate review. Unlike the Courts\nof Military Review, the Court of Military Appeals cannot redetermine\nthe facts. It is bound by the record as it comes before it. its deci-\nsions are final. Given certain constitutional claims, accused may seek\nrelief in the federal district courts. There is no direct appeal from the\nCourt of Military Appeals to the U. S. Supreme Coart.\nNo sentence extending to death or involving a general or flag\nofficer may be executed until affirmed by both a Court of Military\nReview and the Court of Military Appeals and approved by the\nPresident. No sentence extending to a dishonorable or bad conduct\ndischarge, whether or not suspended, may be executed antil affirmed\nby a Court of Military Review and, in cases reviewed by it, the Court\nof Military Appeals. This latter condition upon execution is also\napplicable to those sentences extending to unsuspended confinement\nat hard labor for one year or more.\n9. In the event Ames' petition for review is denied,\nhis sentence will be executed and he will be\nseparated from the Army with a Bad Conduct\nDischarge. Forfeitures withheld will revert to\nthe Government. In all likelihood Ames' sentence\nto confinement will have been served completely\nby the time the Court of Military Appeals acts\nupon his petition.\n- 9 -\nThe following chart illustrates the general parallels between\nthe court-martial system and the federal civilian criminal system:\nLevel of\nCivilian Criminal\nProceedings\nCourts-Martial\n(Federal System)\nTRIAL\nGeneral court-martial\nSpecial court-martial\nFederal District\nSummary court-martial\nCourt\n(Non-judicial punishment;\nnot truly a trial)\nNON-JUDICIAL\nConvening Authority\nREVIEW\nOfficer exercising General\nCourt-Martial jurisdiction\nJUDICIAL\nCourt of Military Feview\nCircuit Courts\nREVIEW\n(as of right)\nof Appeal\n(appeal must be filed)\nU. S. Court of Military\nU. S. Supreme Court\nAppeals\n1. direct appeal in\n1. as of right\nsome cases\n2. petition for a grant\n2. petition for a writ\nof review\nof certiorari\nFORD & LIBRARY GERALD\nIII -\nISSUANCE AND REVIEW OF DISCHARGES FROM THE ARMED FORCES\nThere are two categories of discharges used in separating persons from the\nmilitary service, i.e., punitive discharges and administrative discharges.\nThe two types of punitive discharges are the Dishonorable Discharge and the\nBad Conduct Discharge. Punitive discharges may only be issued when ad-\njudged by a court-martial upon conviction of a violation of the Uniform Code\nof Military Justice.\nPursuant to Article 56 of the Uniform Code of Military Justice, 10 United\nStates Code 856, the President has designated those specific offenses which\nmay warrant a Bad Conduct or Dishonorable Discharge A Lsting of those\noffenses can be found in the Table of Maximum Punishments, paragraph 127c\nof the Manual for Courts-Martial, United States (1969). An examination of\nthat Table will reveal that the offenses upon conviction of which a court-martial\nmay adjudge a punitive discharge are not those which are normally considered\n\"minor.\"\nUnder Article 66 of the Uniform Code of Military Justice, 10 United States\nCode 866, every trial by court-martial in which the sentence extends to a\nBad Conduct or Dishonorable Discharge must be reviewed by an appellate\ncourt, the Court of Military Review. Under article 67 the recipient of such a\ndischarge may petition the Court of Military Appeals for further review.\nThere are three basic types of administrative discharges: Honorable, General,\nand Undesirable. Issuance of these three types is governed by the provisions\nof Department of Defense Directive 1332. 14, \"Administrative Discharges.\"\nA general statement of Department of Defense policy with regard to adminis-\ntrative discharges is found in Section V.A. of that Directive, which states:\n\"The Armed Forces have the right and the duty to separate from the service\nwith an appropriately characterized discharge certificate members who\nclearly demonstrate that they are unqualified for retention. At the same time.\nsuch members have rights which shall be protected. Each of the military\nservices has adopted detailed regulations which implement this policy and\nthe procedures contained in the Department of Defense Directive.\nThe general standards for determining the type of administrative discharge\nan individual should receive are set forth in Section VI of Department of\nDefense Directive 1332. 14. An Honorable Discharge is a separation with\nhonor, the receipt 'of which is \"conditioned upon proper military behavior\nand proficient performance of duty with due consideration for the member's\nage, length of service, grade and general aptitude. \" A General Discharge\nis a separation under honorable conditions which will be issued \"when a\nmember's military record is not sufficiently meritorious to warrant an\nHonorable Discharge as prescribed by the regulations of the service con-\ncerned. An Undesirable Discharge is an administrative separation from\nthe service under conditions other than honorable which \"may be issued for\nmisconduct, unfitness, or security reasons. \" These standards have been\ndefined in much greater detail in the regulations issued by the individual\nservices.\nSection VII of the Department of Defense Directive lists 11 general grounds\nupon which a member may be administratively discharged from the Armed\nForces: Expiration of enlistment or fulfillment of service ouligation, con-\nvenicnce of the government, resignation-own convenience, dependency or hard-\nship, minority, disability, unsuitability, security, unfitness, misconduct, and\nresignation or request for discharge for the good of the service. An Honor-\nable or, when appropriate, General Discharge may be issued for any of these\nreasons. The issuing authority for a General Discharge is the Commander\nexercising Special Court-Martial jurisdiction over the individual, or higher\nauthority.\nAn Undesirable Discharge may only be issued to an individual who is separated\nfor security reasons, unfitness, or misconduct, or who requests discharge\nin lieu of trial by court-martial for an offense which could lead to a punitive\ndischarge. The issuing authority for an Undesirable Discharge is the Com-\nmander exercising General Court-Martial jurisdiction over the individual,\nor a general officer in command with a judge advocate on his staff, or higher\nauthority.\nUnder Section VII.J. of the Department of Defense Directive, there are\nthree instances in which a serviceman may receive an Undesirable Discharge\non grounds of \"misconduct\": (1) when he is convicted by civil authorities of\nan offense which involves moral turpitude or which is punishable under the\nUniform Code of Military Justice by death or confinement for more than one\nyear, or (2) when he has procured a fraudulent enlistment or induction through\ndeliberate material misrepresentation, omission or concealment, or (3) when\nhe has been continually absent without authority for one year or more. Under\nSection VII. of the Directive, a member may receive an Undesirable Dis-\ncharge on the grounds of \"unfitness\" for frequent involvement of a discreditable\nnature with civil or military authorities, sexual perversion, drug abuse, an\nestablished pattern of shirking, an established pattern showing dishonorable\nfailure to pay just debts, an established pattern showing dishonorable failure\nto support dependents or comply with court orders concerning support of\ndependents, and unsanitary habits.\n2\nThe Department of Defense is aware that servicemen who have received\nUndesirable Discharges may encounter difficulty in securing civilian employ-\nment. For this reason, the Department has adopted policies and procedures\nwhich are designed to protect the interests of the individual and prevent the\nissuance of undeserved Undesirable Discharges. These procedures are set\nforth in Section VIII. of Department of Defense Directive 1332. 14. It should\nbe noted that the Directive provides that: \"No member shall be discharged\nunder conditions other than honorable unless he is afforded the right to pre-\nsent his case before an administrative board with the advice and assistance\nof counsel and unless such discharge is supported by approved board findings\nand an approved board recommendation for undesirable discharge. The\nrights which a serviceman has before such a board are listed in Section IX. C.\nof the Directive. These include the rights to appear in person before the\nboard (with or without counsel), challenge members of the board for cause,\nrequest the appearance of witnesses, submit statements and depositions,\nand question any witnesses that appear. The only occasions when a member\nloses his right to a board hearing before receiving an Undesirable Discharge\nis when he \"is beyond military control by reason of prolonged unauthorized\nabsence, resigns or requests discharge for the good of the service, or waives\nhis right to board action in writing.\"\nAfter an individual has received an other than Honorable Discharge, he may\nseck to have it changed by applying for relief before either, or both, of two\nadministrative review boards. Pursuant to 10 United States Code 1553, the\nSecretaries of each of the Military Departments have established discharge\nreview boards which, except for cases involving a discharge which \"resulted\nfrom the sentence of a General Court-Martial, \" may \"change a discharge or\ndismissal, or issue a new discharge.\" A former serviceman can apply to\nsuch a board for relief at any time up to 15 years from the date of his discharge.\nAlthough an individual may appear before the discharge review board if he so\ndesires, personal appearances are not necessary to accomplish remedial\nrelief. The discharge review board will determine whether the discharge\nwas equitable and properly given. is it does not so find, it will change the\ncharacter of the discharge.\nIn addition to the administrative discharge review boards established under\n10 United States Code 1553, each of the Military Departments has also estab-\nlished a board for the correction of military records under 10 United States\nCode 1552. These boards have broad powers to recommend to the Secretary\nconce med a change in an individual's military records, including his discharge.\nto correct an inaccuracy or to cure an injustice.\nAs a related matter, it should be noted that a former serviceman who is not\nentitled to have his discharge changed by either of these administrative\nreview boards may still be able to obtain some relief under Public Law 89-690.\napproved by President Johnson on October 15, 1966. By virtue of this law,\n3\na person who receives an Undesirable, Bad Conduct, or Dishonorable Dis-\ncharge from the military service can apply to the Secretary of Labor for the\nissuance of an Exemplary Rehabilitation Certificate based on proof of at least\nthree years of successful rehabilitation and exemplary conduct in civilian\nlife subsequent to discharge. Issuance of the Certificate does not operate to\nchange the character of a discharge from an armed force or to restore any\nveterans' benefits lost thereby, but it does qualify the recipient for certain\njob counselling and employment placement assistance administered by the\nDepartment of Labor and provides tangible proof of rehabilitation. A detailed\ndescription of this program may be found at 29 C.F.R. 26. 1-26.7.\nIII-C\nTHE PRESIDENTIAL CLEMENCY BOARD\nOLD EXECUTIVE OFFICE BUILDING\nWASHINGTON, D.C. 20500\nBOARD MEMBERS\nPHONE: (302) 1:6-1\nCharles E. Goodell. Charman\nRatnit W. Adams\nNovember 21, 1974\nfames P. Domeovito\nRobert 11. Finch\nTherdore M. Hesburgh. C.S.C.\nVern a E. Jordan\nJames A. May\nAnda Casanos O'Connor\nFewis W. W318\nMEMORANDUM FOR: PRESIDENTIAL CLEMENCY BOARD\nFROM: LEGAL STAFF\nSUBJECT: BRIEF EXPLANATION OF TERMS, ACRONYMS, AND\nABBREVIATIONS FOUND IN APPLICANT FILES FROM THE\nMILITARY SERVICES\nThe following synopsis of records terminology is submitted\nfor your information:\na. ALNAV 83 - Found in upper right corner of case summary,\nit designates a message/telegram sent by the Secretary of\nthe Navy to all Navy/Marine Corps commands which outlined\nthe Presidential Clemency Program and authorized the release\nfrom confinement of qualifying Marine/Navy prisoners.\nb. GCT - The marine Corps' rough equivalent of IQ similar\nto the Federal Beta IQ score. A GCT of 90-110 is within the\naverage range. The letters stand for General Classification\nTest score and the figure is formed by averaging three test\nscores; verbal, arithmetic, pattern analysis, of a battery\nof several tests given to Marine recruits. This test series\nis to be distinguished from that initially given to all\narmed services recruiting applicants which is called the\nArmed Forces Qualification Test (AFQT) and embodies a different\nmeasure of relative intelligence.\nc. Pro & Con marks - Stands for Proficiency and Conduct marks\nwhich are the means by which Marines of the first four enlisted\ngrades are rated for performance. Those grades are: E-1,\nPrivate; E-2, Private First Class; E-3, Lance Corporal; E-4\nCorporal. Higher grades receive fitness reports. Pro and\nFORD\nCon marks are based on a 5 point scale subdivided into decimals\nConduct marks can be generally interpreted as follows: 0 to\n1.9 - Unsatisfactory, habitual offender during marking period;\nLIBRARY\n2 to 2.9 - Poor. Some disciplinary involvement during mark-\ning period but not more than one Summary Court Martial (the\n- 2 -\nlowest level court) nor more than 2 serious instances of\nnon-judicial punishment; 3 to 3.9 - Fair, meeting minimum\nstandards; 4 to 4.4 - Good, fully honorable conduct; 4.5\nto 4.8 - Excellent; 4.9 to 5 - Outstanding. Proficiency\nmarks can be categorized generally with the same superlatives;\ni.e., 0 to 1.9 ~ Unsatisfactory, 2 to 2.9 - Poor, 3 to 3.9' -\nFair, 4 to 4.4 - Good, 4.5 to 4.8 - Excellent, 4.9 to 5 -\nOutstanding. Pro and Con marks are generally given every 6\nmonths. Average final marks of 4.0 conduct and 3.0\nproficiency entitle a Marine to a fully Honorable Discharge\nupon normal expiration of his enlistment.\nd. G.T. - The Army's rough equivalent of an 10 score. The\nfigure is formed from an average of a verbal ability test\nand an arithmetic reasoning test scores. The test is very\nclose to an easy college board test. A score of 100 on the\nG.T. is established as the mean. A score of 85 would be in\nthe lowest quartile and a score of 125 would rank in the\n90th percentile.\ne. DA/DAPE - HR - Found in upper right corner of some Army\ncase summaries, similar to Nave ALNAV 83; it designates a\nmessage/telegram sent from Department of Army, Deputy Chief\nof Staff for Personnel, Directorate of Human Resources\nDevelopment. The message ordered the release from confine-\nment of persons who qualified for Clemency Program.\nf. AFQT Category - An Armed Forces Qualification Test (AFQT)\ncategory is an arbitrary division of mental test results into\nfive percentile ranges for purposes of determining eligibility\nto enter military service. Those persons who scored in\nCategories I, II, and III were completely eligible as to\nmental ability for military service and those in Category V\nwere completely ineligible. Those persons whose scores were\nin the Category IV range were on the borderline and other\ncriteria of education and other test scores were used to\ndetermine eligibility for military service. The AFQT score\nconsists of the same G.T. test scores of verbal reasoning\nability added to the results of a spatial reasoning test,\ndivided by three, and then expressed in a percentile rank.\nThe spatial reasoning test requires no reading ability\nbecause the directions are read to the examinee. He is then\nto pick the picture of an object that most resembles an\nexploded or unfolded figure in the test sample. It is thus\npossible for a very poor reader or a non-reader to raise\nhis overall score on the AFQT to Category IV by performing\nwell in this test. The AFQT has been replaced by other tests\nas of 1 July 1973.\n- 3 -\ng. Conduct and Efficiency Ratings - The Army used these\nratings as a part of the enlisted personnel rating system\nuntil 15 September 1973. This system has been discontinued\nbut ratings prior to the discontinuation are still considered\nvalid and are to be used as one of the factors in determining\nthe nature of discharge. These ratings were used in conjunc-\ntion with other data in determining eligibility for certain\npersonnel actions such as award of the Good Conduct Medal,\nassignment, promotion, as well as types of discharges. The\nratings of conduct and efficiency were to be for designated\ntime spans and on certain events including the day immediately\nprior to an AWOL period. The ratings used for conduct and\nefficiency reports were Excellent, Good Fair, or Unsatisfactory.\nIn actual practice an enlisted man was unlikely to receive\nless than an excellent rating in conduct and efficiency unless\nhe clearly had some record of some disciplinary action.\nh. Enlisted Evaluation System Traits - For grades E-1, E-2,\nE-3, and E-4 in the Navy five traits are considered for rating\nperiods and for the nature of discharge. The traits considered\nare Leadership, Performance, Military Behavior, Military\nAppearance, and Adaptability. The rating scale is on a 4.0\nmaximum and scored at 0.2 intervals. On a curve the majority\nof Navy enlisted persons are rated at 3.4 overall. In order\nto get an honorable discharge, the individual must have a\n3.0 military behavior average for all ated ricls of ti.\nand an overall average 2.7 for all rated traits.\ni. GCT Score in Navy - The GCT is the General Classification\ntest that is a part of the Navy Basic Test Battery. It is\na test that is supposed to report on a capability for learn-\ning and is rated as follows:\nScore 64\nHigh (upper 7% of all examinees)\n55-64\nAbove average (24% of all examinees)\n45-54\nAverage (38% of all examinees)\n35-44\nBelow average (24% of all examinees)\n22-34\nLow (7% of all examinees)\nThe GCT score is not intended as a IQ test, but some Navy sources\ndouble the GCT score and obtain a figure used as a rough IQ\nequivalent.\nFORD\n- 4 -\nSources of Data:\n1. CPT John Euler's Memo\n2. Army Personnel Directorate\n3. Army Research Institute for Behavior and Social Sciences\n4. Office of Deputy Chief of Naval Operations for Manpower\nPlanning and Programming\nABBREVIATIONS\nACMR\nArmy Court of Military Review\nAFQT\nArmed Forces Qualifying Test\nBCD\nBad Conduct Discharge\nCA\nConvening Authority\nCHL\nConfinement at Hard Labor\nDD\nDishonorable Discharge\nGCM\nGeneral Court Martial\nGT\nGeneral Technical\nMCM\nManual for Courts Martial\nNJP\nNon-judicial Punishment (Article 15)\nSA\nSupervisory Authority\nSCM\nSummary Court Martial\nSJA\nStaff Judge Advocate\nSPCM\nspecial Court Martial\nTF\nTotal forfeiture of all pay and allowances\nTHP\nTemporary Home Parole\nUCMJ\nUniform Code of Military Justice\nUSDB\nUnited States Disciplinary Barracks\nSOURCES:\n1. USDB Clemency Folder\n2. Official Military Personnel File\n3. Record of Trial (or) Trial Transcript\nAPPENDIX I\n12.Hellg\nDISCONTINUANCE OF CODED AND ABBREVIATED INFORMATION\nON DISCHARGE DOCUMENTS\nThe Department of Defense has recently discontinued the practice of\nplacing certain coded and abbreviated information on discharge documents\nwhich are routinely provided to service members at the time of their\nseparation from service. This information never appeared on discharge\ncertificates, but did appear on Reports of Separation, and in some instances,\non separation orders.\nThe coded information included the reason for discharge in the form of a\nSeparation Program Number (SPN) and reenlistment eligibility (RE code).\nThe abbreviated information was the citation of the statute or service\nregulation which was the basis or authority for discharge.\nThis method of documenting the reason for separation had been reviewed\ntwice in recent years. In response to requests, Secretary of Defense\nJames R. Schlesinger undertook an additional review of the policy. He\nwas concerned that inaccurate information was resulting in a loss of con-\nfidence in discharge policies and procedures by those veterans whose dis-\ncharges and reasons for separation were favorable and who had no reason\nto doubt the validity of their separation program number. Therefore,\nSecretary Schlesinger directed that coded information no longer be included\non discharge documents.\nThe purpose of this change is to insure that all the information on the docu-\nments is readily understandable to the veteran, and to avoid the potential\nof undesirable discrimination against an individual. Undesirable discrimi-\nnation is not, and was not intended, whatever the circumstances of an indi-\nvidual's separation from active duty. Each individual will continue to have\naccess to a narrative description of the reason and authority for his dis-\ncharge and reenlistment eligibility, if he wishes to obtain this information.\nIn addition to the discontinuance of these codes in current and future dis-\ncharges, procedures are being established for the deletion of this infor-\nmation in the cases of former service members who wish this information\nto be deleted. In these instances, a new copy of the original form will be\nprovided with the codes deleted. Also, as was previously available, a\nnarrative description of the reason and authority for discharge and reen-\nlistment eligibility will be provided upon the request of a former service\nmember. These procedures are being finalized and the respective Military\nService will be ready to process requests by May 1, 1974.\nThe request should include name, social security number, any military\nservice identification number, dates of service, and a copy of the\nDD Form 214.\nFurther information is available at local military personnel offices.\nAlso, as was previously available on the request of a former service mem-\nber, a narrative description of the reason for discharge will be provided\nin response to the veteran's request. The Department of Defense plans\nto initiate wide ranging information releases to make this change in policy\nknown to veterans. The Department is also requesting the assistance of\nthe Veterans Administration, General Services Administration, Selective\nService System, Department of Labor, and over 50 veterans organizations\nin publicizing this information.\nFORD\n2\nPROCEDURES FOR REQUESTING DELETION OF ABBREVIATED\nSEPARATION REASONS FROM DISCHARGE DOCUMENTS\nOn May 1, 1974, veterans who wish to have their Separation Program\nNumber (SPN), Reason and Authority for discharge, and Reenlistment\nCode deleted from their copy of the DD Form 214, \"Report of Separation\nFrom Active Duty, \" (or from previous editions of the form) may apply\nto their former service to have the abbreviated codes deleted from their\ncopy of the form. Requests should be mailed to the following addresses:\nArmy\nCommander\nReserve Components Personnel and Administration\nCenter\nBox 12479\nOlivette Branch\nSt. Louis, Missouri 63132\nNavy\nChief\nBureau of Naval Personnel (Pers 38)\nDepartment of the Navy\nWashington, D. C. 20370\nAir Force\n*Air Force Military Personnel Center (DPMDR)\nRandolph AFB, Texas 78148\n*It is preferable that former USAF members\nmake their request through a local base\npersonnel office.\nMarine Corps\nCommandant\nU. S. Marine Corps (MSRB-10)\nHeadquarters, U. S. Marine Corps\nWashington, D. C. 20380\nVeterans who wish to have their Separation Program Number (SPN),\nauthority for discharge, and Reenlistment Code deleted from their copy\nof the DD Form 214, \"Report of Separation From Active Duty, \" (or from\nprevious editions of the form) may apply to their former service to have\nthe codes deleted from their copy of the form. Requests should be mailed\nto the following addresses:\nArmy\nCommander\nReserve Components Personnel and\nAdministration Center\nBox 12479\nOlivette Branch\nSt. Louis, Missouri 63132\nNavy\nChief\nBureau of Naval Personnel (Pers 38)\nDepartment of the Navy\nWashington, D. C. 20370\nAir Force\n*Air Force Military Personnel Center (DPMDR)\nRandolph AFB, Texas 78148\n*It is preferable that former USAF members\nmake their request through a local base\npersonnel office.\nMarine Corps\nCommandant\nU.S. Marine Corps (MSRB-10)\nHeadquarters, U.S. Marine Corps\nWashington, D. C. 20380\nThe request should include name, social security number, any military\nservice identification number, dates of service, and a copy of the DD Form 214.\nFurther information is available at local military personnel offices.\nAt the time of separation a service member is explained the reason for his\ndischarge. At the same time, he may receive a written description of the\nreason for his discharge if he wishes. Former service members may also\nobtain a narrative description of the reason for discharge by applying to the\nappropriate address above.\n2\n§ 1182. Excludable aliens-General classes\n(a) Except as otherwise provided in this chapter, the following\nclasses of aliens shall be ineligible to receive visas and shall be\nexcluded from admission into the United States:\n(1) Aliens who are mentally retarded;\n(2) Aliens who are insane;\n(3) Aliens who have had one or more attacks of insanity;\n183\n8 § 1182\nIMMIGRATION\nCh. 12\n(4) Aliens afflicted with psychopathic personality, or sexual devi-\nation, or a mental defect;\n(5) Aliens who are narcotic drug addicts or chronic alcoholics;\n(6) Aliens who are afflicted with any dangerous contagious dis-\nease;\n(7) Aliens not comprehended within any of the foregoing classes\nwho are certified by the examining surgeon as having a physical de-\nfect, disease, or disability, when determined by the consular or im-\nmigration officer to be of such a nature that it may affect the ability\nof the alien to earn a living, unless the alien affirmatively establishes\nthat he will not have to earn a living;\n(8) Aliens who are paupers, professional beggars, or vagrants;\n(9) Aliens who have been convicted of a crime involving moral\nturpitude (other than a purely political offense), or aliens who ad-\nmit having committed such a crime, or aliens who admit committing\nacts which constitute the essential elements of such a crime; except\nthat aliens who have committed only one such crime while under\nthe age of eighteen years may be granted a visa and admitted if the\ncrime was committed more than five years prior to the date of the\napplication for a visa or other documentation, and more than five\nyears prior to date of application for admission to the United States,\nunless the crime resulted in confinement in a prison or correctional\ninstitution, in which case such alien must have been released from\nsuch confinement more than five years prior to the date of the appli-\ncation for a visa or other documentation, and for admission, to\nthe\nUnited States. Any alien who would be excludable because of the\nconviction of a misdemeanor classifiable as a petty offense under\nthe provisions of section 1(3) of Title 18, by reason of the punish-\nment actually imposed, or who would be excludable as one who ad-\nmits the commission of an offense that is classifiable as a misde-\nmeanor under the provisions of section 1(2) of Title 18, by reason\nof the punishment which might have been imposed upon him, may\nbe granted a visa and admitted to the United States if otherwise\nadmissible: Provided, That the alien has committed only one such\noffense, or admits the commission of acts which constitute the es-\nsential elements of only one such offense.\n(10) Aliens who have been convicted of two or more offenses\n(other than purely political offenses), regardless of whether the con-\nviction was in a single trial or whether the offenses arose from a\nsingle scheme of misconduct and regardless of whether the of-\nfenses involved moral turpitude, for which the aggregate sentences\nto confinement actually imposed were five years or more;\n(11) Aliens who are polygamists or who practice polygamy or\nadvocate the practice of polygamy;\n184\nCh. 12\nADMISSION QUALIFICATIONS\n8 § 1182\n(12) Aliens who are prostitutes or who have engaged in prostitu-\ntion, or aliens coming to the United States solely, principally, or in-\ncidentally to engage in prostitution; aliens who directly or indirect-\nly procure or attempt to procure, or who have procured or attempted\nto procure or to import, prostitutes or persons for the purpose of\nprostitution or for any other immoral purpose; and aliens who are\nor have been supported by, or receive or have received, in whole or\nin part, the proceeds of prostitution or aliens coming to the United\nStates to engage in any other unlawful commercialized vice, whether\nor not related to prostitution;\n(13) Aliens coming to the United States to engage in any immoral\nsexual act;\n(14) Aliens seeking to enter the United States, for the purpose of\nperforming skilled or unskilled labor, unless the Secretary of Labor\nhas determined and certified to the Secretary of State and to the\nAttorney General that (A) there are not sufficient workers in the\nUnited States who are able, willing, qualified, and available at the\ntime of application for a visa and admission to the United States and\nat the place to which the alien is destined to perform such skilled or\nunskilled labor, and (B) the employment of such aliens will not\nadversely affect the wages and working conditions of the workers\nin the United States similarly employed. The exclusion of aliens\nunder this paragraph shall apply to special immigrants defined in\nsection 1101(a) (27) (A) of this title (other than the parents, spous-\nes, or children of United States citizens or of aliens lawfully ad-\nmitted to the United States for permanent residence), to preference\nimmigrant aliens described in sections 1153(a) (3) and 1153(a) (6)\nof this title, and to nonpreference immigrant aliens described in sec-\ntion 1153(a) (8) of this title;\n(15) Aliens who, in the opinion of the consular officer at the time\nof application for a visa, or in the opinion of the Attorney General\nat the time of application for admission, are likely at any time to\nbecome public charges;\n(16) Aliens who have been excluded from admission and deported\nand who again seek admission within one year from the date of\nsuch deportation, unless prior to their reembarkation at a place\noutside the United States or their attempt to be admitted from for-\neign contiguous territory the Attorney General has consented to\ntheir reapplying for admission;\n(17) Aliens who have been arrested and deported, or who have\nfallen into distress and have been removed pursuant to this chapter\nor any prior act, or who have been removed as alien enemies, or who\nhave been removed at Government expense in lieu of deportation pur-\nsuant to section 1252(b) of this title, unless prior to their embarka-\ntion or reembarkation at a place outside the United States or their\nFORD\n185\n8 § 1182\nIMMIGRATION\nCh. 12\nattempt to be admitted from foreign contiguous territory the Attor-\nney General has consented to their applying or reapplying for ad-\nmission;\n(18) Aliens who are stowaways;\n(19) Any alien who seeks to procure, or has sought to procure,\nor has procured a visa or other documentation, or seeks to enter\nthe United States, by fraud, or by willfully misrepresenting a ma-\nterial fact;\n(20) Except as otherwise specifically provided in this chapter,\nany immigrant who at the time of application for admission is not\nin possession of a valid unexpired immigrant visa, reentry permit,\nborder crossing identification card, or other valid entry document\nrequired by this chapter, and a valid unexpired passport, or other\nsuitable travel document, or document of identity and nationality,\nif such document is required under the regulations issued by the At-\ntorney General pursuant to section 1181(a) of this title;\n(21) Except as otherwise specifically provided in this chapter, any\nimmigrant at the time of application for admission whose visa\nhas been issued without compliance with the provisions of section\n1153 of this title;\n(22) Aliens who are ineligible to citizenship, except aliens seeking\nto enter as nonimmigrants; or persons who have departed from or\nwho have remained outside the United States to avoid or evade\ntraining or service in the armed forces in time of war or a period\ndeclared by the President to be a national emergency, except aliens\nwho were at the time of such departure nonimmigrant aliens and\nwho seek to reenter the United States as nonimmigrants;\n(23) Any alien who has been convicted of a violation of, or a\nconspiracy to violate, any law or regulation relating to the illicit\npossession of or traffic in narcotic drugs or marihuana, or who has\nbeen convicted of a violation of, or a conspiracy to violate, any law or\nregulation governing or controlling the taxing, manufacture, produc-\ntion, compounding, transportation, sale, exchange, dispensing, giving\naway, importation, exportation, or the possession for the purpose of\nthe manufacture, production, compounding, transportation, sale, ex-\nchange, dispensing, giving away, importation, or exportation of\nopium, coca leaves, heroin, marihuana, or any salt derivative or\npreparation of opium or coca leaves, or isonipecaine or any addic-\ntion-forming or addiction-sustaining opiate; or any alien who the\nconsular officer or immigration officers know or have reason to\nbelieve is or has been an illicit trafficker in any of the aforemen-\ntioned drugs;\n(24) Aliens (other than aliens described in section 1101 (a) (27)\n(A) and (B) of this title), who seek admission from foreign contigu-\n186\n=\nFORD\nGERALD\nLIBRATA\nCh. 12\nADMISSION QUALIFICATIONS\n8 § 1182\nous territory or adjacent islands, having arrived there on a vessel\nor aircraft of a nonsignatory line, or if signatory, a noncomplying\ntransportation line under section 1228(a) of this title and who have\nnot resided for at least two years subsequent to such arrival in such\nterritory or adjacent islands;\n(25) Aliens (other than aliens who have been lawfully admitted\nfor permanent residence and who are returning from a temporary\nvisit abroad) over sixteen years of age, physically capable of read-\ning, who cannot read and understand some language or dialect;\n(26) Any nonimmigrant who is not in possession of (A) a passport\nvalid for a minimum period of six months from the date of the ex-\npiration of the initial period of his admission or contemplated initial\nperiod of stay authorizing him to return to the country from which\nhe came or to proceed to and enter some other country during such\nperiod; and (B) at the time of application for admission a valid non-\nimmigrant visa or border crossing identification card;\n(27) Aliens who the consular officer or the Attorney General\nknows or has reason to believe seek to enter the United States solely,\nprincipally, or incidentally to engage in activities which would be\nprejudicial to the public interest, or endanger the welfare, safety, or\nsecurity of the United States;\n(28) Aliens who are, or at any time have been, members of any\nof the following classes:\n(A) Aliens who are anarchists;\n(B) Aliens who advocate or teach, or who are members of or\naffiliated with any organization that advocates or teaches, op-\nposition to all organized government;\n(C) Aliens who are members of or affiliated with (i) the Com-\nmunist Party of the United States, (ii) any other totalitarian\nparty of the United States, (iii) the Communist Political Associ-\nation, (iv) the Communist or any other totalitarian party of any\nState of the United States, of any foreign state, or of any polit-\nical or geographical subdivision of any foreign state, (v) any\nsection, subsidiary, branch, affiliate, or subdivision of any such\nassociation or party, or (vi) the direct predecessors or succes-\nsors of any such association or party, regardless of what name\nsuch group or organization may have used, may now bear, or\nmay hereafter adopt: Provided, That nothing in this paragraph,\nor in any other provision of this chapter, shall be construed as\ndeclaring that the Communist Party does not advocate the over-\nthrow of the Government of the United States by force, violence,\nor other unconstitutional means;\n(D) Aliens not within any of the other provisions of this\nparagraph who advocate the economic, international, and gov-\nFORD\n187\nSERALD\n8 § 1182\nIMMIGRATION\nCh. 12\nernmental doctrines of world communism or the establishment\nin the United States of a totalitarian dictatorship, or who are\nmembers of or affiliated with any organization that advocates\nthe economic, international, and governmental doctrines of\nworld communism or the establishment in the United States of\na totalitarian dictatorship, either through its own utterances or\nthrough any written or printed publications issued or published\nby or with the permission or consent of or under the authority of\nsuch organization or paid for by the funds of, or funds furnished\nby, such organization;\n(E) Aliens not within any of the other provisions of this\nparagraph, who are members of or affiliated with any organiza-\ntion during the time it is registered or required to be registered\nunder section 786 of Title 50, unless such aliens establish that\nthey did not have knowledge or reason to believe at the time\nthey became members of or affiliated with such an organization\n(and did not thereafter and prior to the date upon which such\norganization was SO registered or so required to be registered\nhave such knowledge or reason to believe) that such organiza-\ntion was a Communist organization;\n(F) Aliens who advocate or teach or who are members of or\naffiliated with any organization that advocates or teaches (i)\nthe overthrow by force, violence, or other unconstitutional\nmeans of the Government of the United States or of all forms\nof law; or (ii) the duty, necessity, or propriety of the unlawful\nassaulting or killing of any officer or officers (either of spe-\ncific individuals or of officers generally) of the Government of\nthe United States or of any other organized government, because\nof his or their official character; or (iii) the unlawful damage\ninjury, or destruction of property; or (iv) sabotage;\n(G) Aliens who write or publish, or cause to be written or\npublished, or who knowingly circulate, distribute, print, or dis-\nplay, or knowingly cause to be circulated, distributed, printed,\npublished, or displayed, or who knowingly have in their posses-\nsion for the purpose of circulation, publication, distribution, or\ndisplay, any written or printed matter, advocating or teaching\nopposition to all organized government, or advocating or teach-\ning (i) the overthrow by force, violence, or other unconstitu-\ntional means of the Government of the United States or of all\nforms of law; or (ii) the duty, necessity, or propriety of the\nunlawful assaulting or killing of any officer or officers (either\nof specific individuals or of officers generally) of the Govern-\nment of the United States or of any other organized govern-\nment, because of his or their official character; or (iii) the\nunlawful damage, injury, or destruction of property; or (iv)\nFORD\n188\nCh. 12\nADMISSION QUALIFICATIONS\n8 § 1182\nsabotage; or (v) the economic, international, and governmental\ndoctrines of world communism or the establishment in the\nUnited States of a totalitarian dictatorship;\n(H) Aliens who are members of or affiliated with any organi-\nzation that writes, circulates, distributes, prints, publishes, or\ndisplays, or causes to be written, circulated, distributed, printed,\npublished, or displayed, or that has in its possession for the\npurpose of circulation, distribution, publication, issue, or dis-\nplay, any written or printed matter of the character described\nin subparagraph (G) of this paragraph;\n(I) Any alien who is within any of the classes described in\nsubparagraphs (B)-(H) of this paragraph because of member-\nship in or affiliation with a party or organization or a section,\nsubsidiary, branch, affiliate, or subdivision thereof, may, if not\notherwise incligible, be issued a visa if such alien establishes to\nthe satisfaction of the consular officer when applying for a visa\nand the consular officer finds that (i) such membership or af-\nfiliation is or was involuntary, or is or was solely when under\nsixteen years of age, by operation of law, or for purposes of ob-\ntaining employment, food rations, or other essentials of living\nand where necessary for such purposes, or (ii) (a) since the\ntermination of such membership or affiliation, such alien is\nand has been, for at least five years prior to the date of the\napplication for a visa, actively opposed to the doctrine, program,\nprinciples, and ideology of such party or organization or the sec-\ntion, subsidiary, branch, or affiliate or subdivision thereof, and\n(b) the admission of such alien into the United States would be in\nthe public interest. Any such alien to whom a visa has been\nissued under the provisions of this subparagraph may, if not\notherwise inadmissible, be admitted into the United States if he\nshall establish to the satisfaction of the Attorney General when\napplying for admission to the United States and the Attorney\nGeneral finds that (i) such membership or affiliation is or was\ninvoluntary, or is or was solely when under sixteen years of\nage, by operation of law, or for purposes of obtaining employ-\nment, food rations, or other essentials of living and when neces-\nsary for such purposes, or (ii) (a) since the termination of such\nmembership or affiliation, such alien is and has been, for at\nleast five years prior to the date of the application for admission\nactively opposed to the doctrine, program, principles, and ideolo-\ngy of such party or organization or the section, subsidiary,\nbranch, or affiliate or subdivision thereof, and (b) the admis-\nsion of such alien into the United States would be in the public\ninterest. The Attorney General shall promptly make a detailed\nreport to the Congress in the case of each alien who is or shall\n189\n8 § 1182\nIMMIGRATION\nCh. 12\nbe admitted into the United States under (ii) of this subpara-\ngraph;\n(29) Aliens with respect to whom the consular officer or the At-\ntorney General knows or has reasonable ground to believe probably\nwould, after entry, (A) engage in activities which would be pro-\nhibited by the laws of the United States relating to espionage, sab-\notage, public disorder, or in other activity subversive to the national\nsecurity, (B) engage in any activity a purpose of which is the op-\nposition to, or the control or overthrow of, the Government of the\nUnited States, by force, violence, or other unconstitutional means,\nor (C) join, affiliate with, or participate in the activities of any\norganization which is registered or required to be registered under\nsection 786 of Title 50;\n(30) Any alien accompanying another alien ordered to be ex-\ncluded and deported and certified to be helpless from sickness or\nmental or physical disability or infancy pursuant to section 1227 (e)\nof this title, whose protection or guardianship is required by the\nalien ordered excluded and.deported;\n(31) Any alien who at any time shall have, knowingly and for\ngain, encouraged, induced, assisted, abetted, or aided any other\nalien to enter or to try to enter the United States in violation of law.\nNonapplicability of subsection (a) (25)\n(b) The provisions of paragraph (25) of subsection (a) of this\nsection shall not be applicable to any alien who (1) is the parent,\ngrandparent, spouse, daughter, or son of an admissible alien, or\nany alien lawfully admitted for permanent residence, or any citizen\nof the United States, if accompanying such admissible alien, or\ncoming to join such citizen or alien lawfully admitted, and if other-\nwise admissible, or (2) proves that he is seeking admission to the\nUnited States to avoid religious persecution in the country of his\nlast permanent residence, whether such persecution be evidenced by\novert acts or by laws or governmental regulations that discriminate\nagainst such alien or any group to which he belongs because of\nhis religious faith. For the purpose of ascertaining whether an alien\ncan read under paragraph (25) of subsection (a) of this section,\nthe consular officers and immigration officers shall be furnished\nwith slips of uniform size, prepared under direction of the Attorney\nGeneral, each containing not less than thirty nor more than forty\nwords in ordinary use, printed in plainly legible type, in one of the\nvarious languages or dialects of immigrants. Each alien may desig-\nnate the particular language or dialect in which he desires the exam-\nination to be made and shall be required to read and understand\nthe words printed on the slip in such language or dialect.\nFORD\n190\nCh. 12\nADMISSION QUALIFICATIONS\n8 § 1182\nNonapplicability of subsection (a) (1) to (25), (30), and (31)\n(c) Aliens lawfully admitted for permanent residence who tem-\nporarily proceeded abroad voluntarily and not under an order of\ndeportation, and who are returning to a lawful unrelinquished\ndomicile of seven consecutive years, may be admitted in the dis-\ncretion of the Attorney General without regard to the provisions\nof paragraphs (1)-(25), (30), and (31) of subsection (a) of this\nsection. Nothing contained in this subsection shall limit the au-\nthority of the Attorney General to exercise the discretion vested\nin him under section 1181(b) of this title.\nNonapplicability of subsection (a) (11), (25), and (28); temporary admission\nof nonimmigrants: waiver of subsection (n) (26) requirements: parole;\nbond and conditions for temporary admissions, report to Congress: np-\nplicability to aliens leaving territories; reciprocal admission of officials\nof foreign governments, etc.\n(d) (1) The provisions of paragraphs (11) and (25) of subsec-\ntion (a) of this section shall not be applicable to any alien who in\ngood faith is seeking to enter the United States as a nonimmigrant.\n(2) The provisions of paragraph (28) of subsection (a) of this\nsection shall not be applicable to any alien who is seeking to enter\nthe United States temporarily as a nonimmigrant under paragraph\n(15) (A) (iii) or (G) (v) of section 1101 (a) of this title.\n(3) Except as provided in this subsection, an alien (A) who is\napplying for a nonimmigrant visa and is known or believed by the\nconsular officer to be ineligible for such visa under one or more of\nthe paragraphs enumerated in subsection (a) of this section (other\nthan paragraphs (27) and (29)), may, after approval by the Attorney\nGeneral of a recommendation by the Secretary of State or by the\nconsular officer that the alien be admitted temporarily despite his\ninadmissibility, be granted such a visa and may be admitted into the\nUnited States temporarily as a nonimmigrant in the discretion of\nthe Attorney General, or (B) who is inadmissible under one or\nmore of the paragraphs enumerated, in subsection (a) of this section\n(other than paragraphs (27) and (29)), but who is in possession of\nappropriate documents or is granted a waiver thereof and is\nseeking admission, may be admitted into the United States tempo-\nrarily as a nonimmigrant in the discretion of the Attorney General.\n(4) Either or both of the requirements of paragraph (26) of sub-\nsection (a) of this section may be waived by the Attorney General\nand the Secretary of State acting jointly (A) on the basis of un-\nforeseen emergency in individual cases, or (B) on the basis of rec-\niprocity with respect to nationals of foreign contiguous territory or\nof adjacent islands and residents thereof having a common nation-\nality with such nationals, or (C) in the case of aliens proceeding in\nimmediate and continuous transit through the United States under\ncontracts authorized in section 1228(d) of this title.\n191\nGERALD\n8 § 1182\nIMMIGRATION\nCh. 12\n(5) The Attorney General may in his discretion parole into the\nUnited States temporarily under such conditions as he may pre-\nscribe for emergent reasons or for reasons deemed strictly in the\npublic interest any alien applying for admission to the United\nStates, but such parole of such alien shall not be regarded as an\nadmission of the alien and when the purposes of such parole shall,\nin the opinion of the Attorney General, have been served the alien\nshall forthwith return or be returned to the custody from which he\nwas paroled and thereafter his case shall continue to be dealt with\nin the same manner as that of any other applicant for admission to\nthe United States.\n(6) The Attorney General shall prescribe conditions, including\nexaction of such bonds as may be necessary, to control and regulate\nthe admission and return of excludable aliens applying for temporary\nadmission under this subsection. The Attorney General shall make\na detailed report to the Congress in any case in which he exercises\nhis authority under paragraph (3) of this subsection on behalf of\nany alien excludable under paragraphs (9), (10), and (28) of sub-\nsection (a) of this section.\n(7) The provisions of subsection (a) of this section, except para-\ngraphs (20), (21), and (26) of said subsection, shall be applicable\nto any alien who shall leave Guam, Puerto Rico, or the Virgin Islands\nof the United States, and who seeks to enter the continental United\nStates or any other place under the jurisdiction of the United States.\nThe Attorney General shall by regulations provide a method and\nprocedure for the temporary admission to the United States of the\naliens described in this proviso. Any alien described in this para-\ngraph, who is excluded from admission to the United States, shall be\nimmediately deported in the manner provided by section 1227(a) of\nthis title.\n(8) Upon a basis of reciprocity accredited officials of foreign\ngovernments, their immediate families, attendants, servants, and\npersonal employees may be admitted in immediate and continuous\ntransit through the United States without regard to the provisions\nof this section except paragraphs (26), (27), and (29) of subsection\n(a) of this section.\nEducational visitor status; foreign residence requirement; walver\n(e) No person admitted under section 1101(a) (15) (J) of this\ntitle or acquiring such status after admission whose (i) participation\nin the program for which he came to the United States was financed\nin whole or in part, directly or indirectly, by an agency of the Gov-\nernment of the United States or by the government of the country\nof his nationality or his last residence, or (ii) who at the time of\nadmission or acquisition of status under section 1101(a) (15) (J)\nof this title was a national or resident of a country which the Secre-\n192\nCh. 12\nADMISSION QUALIFICATIONS\n8 § 1182\ntary of State, pursuant to regulations prescribed by him, had desig-\nnated as clearly requiring the services of persons engaged in the\nfield of specialized knowledge or skill in which the alien was en-\ngaged, shall be eligible to apply for an immigrant visa, or for per-\nmanent residence, or for a nonimmigrant visa under section 1101 (a)\n(15) (H) or section 1101 (a) (15) (L) of this title until it is estab-\nlished that such person has resided and been physically present in\nthe country of his nationality or his last residence for an aggregate\nof at least two years following departure from the United States:\nProvided, That upon the favorable recommendation of the Secretary\nof State, pursuant to the request of an interested United States Gov-\nernment agency, or of the Commissioner of Immigration and Natural-\nization after he has determined that departure from the United States\nwould impose exceptional hardship upon the alien's spouse or child\n(if such spouse or child is a citizen of the United States or a lawfully\nresident alien), or that the alien cannot return to the country of his\nnationality or last residence because he would be subject to persecu-\ntion on account of race, religion, or political opinion, the Attorney\nGeneral may waive the requirement of such two-year foreign resi-\ndence abroad in the case of any alien whose admission to the United\nStates is found by the Attorney General to be in the public interest:\nAnd provided further, That the Attorney General may, upon the fav-\norable recommendation of the Secretary of State, waive such two-\nyear foreign residence requirement in any case in which the foreign\ncountry of the alien's nationality or last residence has furnished the\nSecretary of State a statement in writing that it has no objection to\nsuch waiver in the case of such alien.\nSuspension of entry or imposition of restrictions by President\n(f) Whenever the President finds that the entry of any aliens or\nof any class of aliens into the United States would be detrimental\nto the interests of the United States, he may by proclamation and\nfor such period as he shall decm necessary, suspend the entry of\nall aliens or any class of aliens as immigrants or nonimmigrants, or\nimpose on the entry of aliens any restrictions he may deem to be\nappropriate.\nBond and conditions for admission for permanent residence of mentally\nretarded, tubercular, and mentally ill but cured aliens\n(g) Any alien who is excludable from the United States under\nparagraph (1) of subsection (a) of this section, or any alien af-\nflicted with tuberculosis in any form who (A) is the spouse or the\nunmarried son or daughter, or the minor unmarried lawfully adopted\nchild, of a United States citizen, or of an alien lawfully admitted for\npermanent residence, or of an alien who has been issued an immi-\ngrant visa, or (B) has a son or daughter who is a United States cit-\nizen, or an alien lawfully admitted for permanent residence, or an\nT. 8 U.S.C.A. $5 1-1251-13\n193\nFORD\n8 § 1182\nIMMIGRATION\nCh. 12\nalien who has been issued an immigrant visa, shall, if otherwise\nadmissible, be issued a visa and admitted to the United States for\npermanent residence in accordance with such terms, conditions,\nand controls, if any, including the giving of a bond, as the Attorney\nGeneral, in his discretion after consultation with the Surgeon Gen-\neral of the United States Public Health Service, may by regulations\nprescribe. Any alien excludable under paragraph (3) of subsection\n(a) of this section because of past history of mental illness who has\none of the same family relationships as are prescribed in this sub-\nsection for aliens afflicted with tuberculosis and whom the Surgeon\nGeneral of the United States Public Health Service finds to have\nbeen free of such mental illness for a period of time sufficient in\nthe light of such history to demonstrate recovery shall be eligible\nfor a visa in accordance with the terms of this subsection.\nNonapplicability of subsection (a) (9), (10), or (12)\n(h) Any alien, who is excludable from the United States under\nparagraphs (9), (10), or (12) of subsection (a) of this section, who\n(A) is the spouse or child, including a minor unmarried adopted\nchild, of a United States citizen, or of an alien lawfully admitted for\npermanent residence, or (B) has a son or daughter who is a United\nStates citizen or an alien lawfully admitted for permanent residence,\nshall, if otherwise admissible, be issued a visa and admitted to the\nUnited States for permanent residence (1) if it shall be established\nto the satisfaction of the Attorney General that (A) the alien's\nexclusion would result in extreme hardship to the United States citi-\nzen or lawfully resident spouse, parent, or son or daughter of such\nalien, and (B) the admission to the United States of such alien\nwould not be contrary to the national welfare, safety, or security\nof the United States; and (2) if the Attorney General, in his dis-\ncretion, and pursuant to such terms, conditions, and procedures as\nhe may by regulations prescribe, has consented to the alien's apply-\ning or reapplying for a visa and for admission to the United States.\nAdmission for permanent residence of alien spouse, parent. or child\nexcludable for fraud, misrepresentation, or perjury\n(i) Any alien who is the spouse, parent, or child of a United States\ncitizen or of an alien lawfully admitted for permanent residence\nand who is excludable because (1) he seeks, has sought to procure,\nor has procured, a visa or other documentation, or entry into the\nUnited States, by fraud or misrepresentation, or (2) he admits the\ncommission of perjury in connection therewith, may be granted a\nvisa and admitted to the United States for permanent residence, if\notherwise admissible, if the Attorney General in his discretion has\nconsented to the alien's applying or reapplying for a visa and for\nadmission to the United States.\n194\nCh. 12\nADMISSION QUALIFICATIONS\n8 § 1182\nJune 27, 1952, C. 477, Title II, ch. 2, § 212, 66 Stat. 182; July 18,\n1956, c. 629, Title III, § 301(a), 70 Stat. 575; July 7, 1958, Pub.L.\n85-508, $ 23, 72 Stat. 351; Mar. 18, 1959, Pub.L. 86-3, § 20(b), 73\nStat. 13; July 14, 1960, Pub.L. 86-648, § 8, 74 Stat. 505; Sept. 21,\n1961, Pub.L. 87-256, § 109(c), 75 Stat. 535; Sept. 26, 1961, Pub.L.\n87-301, §§ 11-15, 75 Stat. 654, 655; Oct. 3, 1965, Pub.L. 89-236,\n§§ 10, 15, 79 Stat. 917, 919; Apr. 7, 1970, Pub.L. 91-225, § 2, 84 Stat.\n116.\nHistorical Note\nReferences in Text. Section 7S6 of Ti-\nthe United States nor will the employ-\ntle 50, referred to in subsec. (a) (28)\nment of such alien adversely affect the\n(E) and (29), which required registration\nwages and working conditions of individ-\nand annual reports of Communist organ-\nuals in the United States similarly emi-\nIzations, was repealed by Pub.L. 00-237, $\nployed and made the requirement appli-\n5, Jan. 2, 1968, S1 Stat. 766.\ncable to special immigrants (other than\nthe parents, spouses, and minor children\n1970 Amendment. Subsec. (e). Pub.L.\nof U. S. citizens or permanent resident\n91-225 inserted cls. (i) and (ii) and ref-\naliens), preference immigrants described\nerence to eligibility for nonimmigrant\nin sections 1153(a) (3) and 1153(a) (6) of\nvisa under section 1101(a) (15) (L) of\nthis title, and nonpreference immigrants.\nthis title. provided for waiver of require-\nment of two-year foreign residence abroad\nSubsec. (a) (20). Pub.L. 80-236, $ 10\nwhere alien cannot return to the country\n(b). substituted \"1181(a)\" for \"1181(e)\".\nof his nationality or last residence be-\nSubsec. (a) (21). Pub.L. 80-236, § 10\ncause he would be subject to persecution\n(c), struck out \"quota\" preceding \"immi-\non account of race, religion, or political\ngrant\".\nopinion or where the foreign country of\nalien's nationality or last residence has\nSubsec. (a) (24). Pub.L. 80-236, $ 10\nfurnished a written statement that it has\n(d). substituted \"other than aliens de-\nno objection to such waiver for such\nscribed in section 1101 (a) (27) (A) and\nalien, and deleted alternative provision\n(B)\" for \"other than those aliens who\nfor residence and physical presence in\nare native-born citizens of countries enu-\nanother foreign country and former first\nmerated in section 1101(a) (27) (C) of\nand final provisos reading \"Provided,\nthis title and aliens described in section\nThat such residence in another foreign\n1101(a) (27) (B) of this title\" as the ma-\ncountry shall be considered to have sat-\nterial contained within the parentheses\nisfied the requirements of this subsection\nfollowing \"Aliens\".\nif the Secretary of State determines that\nSubsec. (g). Pub.L. 89-236, $ 15(c), re-\nit has served the purpose and the intent\nof the Mutual Educational and Cultural\ndesignated subsec. (f) of sec. 212 of the\nImmigration and Nationality Act as sub-\nExchange Act of 1961\" and \"And provid-\ned further, That the provisions of this\nsec. (g) thereof, which for purposes of\ncodification had alrea been designated\nsubsection shall apply also to those per-\nsons who acquired exchange visitor stat-\nas subsec. (g) of this section and grant-\nus under the United States Information\ned the Attorney General authority to ad-\nand Educational Exchange Act of 194S, as\nmit any alien who is the spouse, unmar-\namended.\"\nried son or daughter, minor adopted\nchild, or parent of a citizen or lawful\n1965 Amendment. Subsec. (a) (1). Pub.\npermanent resident and who is mentally\nL. 80-236, $ 15(a), substituted \"mentally\nretarded or has a past history of mental\nretarded\" for \"feebleminded\".\nillness under the same conditions as au-\nthorized in the case of such close rela-\nSubsec. (a) (4). Pub.L. S9-236, $ 15(b),\ntives afflicted with tuberculosis.\nsubstituted \"or sexual deviation\" for\n\"epilepsy\".\nSubsecs. (h), (i). Pub.L. 80-236, § 15\n(c), redesignated subsecs. (g) and (h) of\nSubsec. (a) (14). Pub.L. 89-236, §\nsec. 212 of the Immigration and Nation-\n10(a), added the requirement that the\nality Act as subsecs. (h) and (i) respec-\nSecretary of Labor make an affirmative\ntively thereof, which for purposes of\nfinding that any alien seeking to enter\ncodification had already been designated\nthe United States as a worker, skilled or\nas subsecs. (h) and (i) of this section.\notherwise, will not replace a worker in\n195\nIV. Appendix\nTHE PRESIDENTIAL CLEMENCY BOARD\nOLD EXECUTIVE OFFICE BUILDING\nWASHINGTON, D.C. 20500\nBOARD MEMBERS\nMarch 21, 1975\nPHONE: (202) 156-6476\nCharles E. Goodell. Chairman\nRalph W. Adams\nJames P. Dougovito\nRobert H. Finch\nTheodore M. Hesburgh. C.S.C.\nVernon E. Jordan\nJames A. Maye\nAida Casanas O'Connor\nLewis W. Walt\nMEMORANDUM\nFOR:\nSummary Writers\nFROM:\nBob Kodak\nTraining Officer\nSUBJECT:\nPCB's Resident Experts\nThe following people have been recognized as experts in the following\nareas. This list is not exhaustive but is merely an aid to those\nwith problems in the areas listed below.\n1. Selective Service Case Law and Precedents - Bill Klein\n2. Selective Service Regulations - Col. 0. G. Benson\n3. Liaison with Federal Bureau of Prisons, Probation,\nParole and the U.S. Attorney (including fines imposed\nby Federal District Court) - Ray Mitchell\n4. Federal Criminal Law and Procedure - Tom O'Hare\n5. Military Justice:\n(a) Navy - Neil Broder\n(b) Marine Corps - Bruce Heitz\n(c) Army - Len Daneheck\n(d) Air Force - Barry Robinson\nFORD\n6. Military Cases Pending Appellate Review - Bob Kodak\n7. Immigration Law - Bruce Heitz or Jim Poole\n8. Requests for Personal Appearances before PCB - John Lohff\n9. Discharge Review Boards - Jim Poole\n10. Pardons - Bill Klein\nIV - B\nMemorandum, Reference - Index\nSeptember\n1. Explanation of Board's Place in Clemency Program. From: Goodell\nTo: Silberman, D.O.J.\n2. Explanation of Board's Place in Clemency Program (2). From: Goodell\nA.) TO: Pepitone-Selective Service B.) To: Hoffman - D.O.D.\n3. Ideas of Presidential Clemency\nFrom: Theodore Marrs\nTo: Bob Finch\n4. 30-Day Furlough from Federal Prison.\nFrom: Goodell\n5. Don't Bypass Military Courts when Dealing with Deserters\nFrom: Sen. John Tower\nTo: President\n6. Charter for Presidential Clemency Board. From: Goodell\n7. Procedures to be Followed for Unconvicted Draft Evaders and Military\nAbsentees. White House Fact Sheet\n8. Executive Orders Re: Function Delegated to Director of Selective\nService and Establishment of Clemency Board.\nOctober\n1. Meaning of Priority Treatment Classification. From: Lohff To: Baskir\n2. Operation of the Armed Forces Clemency Program. To: Board\nFrom: Major Richard Buek\n3. Minutes of Oct. 30, 1974 Board Meeting\n4. Files and Records - Types and Access. From: Knisely To: File\n5. Proposed System for Oral Presentation of Case Summaries to the\nBoard. From: Knisely\n6. Due Process for Applicants and Communication with the Outside World.\nFrom: Knisely\n7. October Briefings - Naval Annex\nFrom: Capt. Euler\nTo: Gen. Walt\n8. Proposed Case Preparation/Recommendation Procedure\nFrom: Capt. Euler\nTo: PC Board\n9. Board's Handling of Case Summaries; Process of Recommendation\nby Staff Board.\nFrom: Tropp\nTo: Baskir\n10. Tentative Action Taken by the Board on Oct. 23, 1974.\nFrom: Horn\nTo: Goodell\n11. Tentative Action Taken by the Board on Oct. 24, 1974.\nFrom: Horn\nTo: Goodell\n12. Brief Explanation of Terms, Acronyms, Abbreviations, found in Marine\nCorps Applicants Military Files and Case Summary.\nFrom: Capn. John Euler\n13. Clemency Board Review of Undesirable Discharges Issued by Armed Ferces\nAfter Sept. 16, 1974. From: Lohff\n- 2 -\nOctober cont'd\n14. Consideration of Non-Judicial Punishment as Aggravating or\nMitigating Circumstances. From: Larry Chaney\n15. Military Records: Requisite for File Security. From: Capt. Euler\n16. Selective Service Violators not Furloughed under PCB. From: Hickman\n17. October 22 Status of Applications. From: Horn\n18. Correspondence Procedures. From: Mitchell\n19. Proposed Organizational Structural Process. From: Capt. Euler\n20. Presidential Clemency Board Fact Sheet.\n21. Summaries of Military Furlough Cases. From: Baskir\n22. Operation of Presidental Clemency Board (Positions, Duties).\nFrom: Goodell\nTo: John Marsh\n23. Summaries of Cases of Individuals on Furlough. From: Mitchell\n24. Proposed Administrative Process for Clemency Board. From: Legal Staff\n25. Press Release of Oct. 10, 1974 - Inaccuracy. From: Euler and Gordon\n26. Proposed Rough of P.C. Board Factors and Guidelines. From: Euler and Gordon\n27. Factors Considered by P.C. Board in Recommendations to President on\nIndividual Cases as Proposed by Rick Tropp. From: Tom O'Hare\n28. Fact Sheet Information - Suggested Form. From: Klein\n29. Letter to Applicant - Re: Factors to be Considered by the Board.\nFrom: Niedermeier\n30. Disclosure Under the Freedom of Information Act of Materials in the\nPossession of P.C. Board.\nFrom:\nHickman\n31. Preparation of Initial Summaries of Cases. From: General Counsel\n32. Proposed Organization of Clemency Board. From: O'Hare\n33. Possible Staff Organization. From: Foote\n34. Possible Staff Organization. From: Gordon\n35. Advice Given to Qualifying Marine Prisoners Confined at Leavenworth at\nTime of President's Proclamation. From: Capt. Eulen\n36. Staff Organization. From: Klein\n37. Possible Stems for Consideration by Presidential Clemency Board.\nFrom: Euler and Gordon\n38. Effect of Presidential Pardon on Persons Sentenced Under the\nFederal Youth Corrections Act. From: Niedermeier\n39. Pardon Powers and Benefits. From: Traylor, Pardon Attorney\n40. Capitol Hill Briefing of Oct. 3, 1974. From: Euler, Tropp, Foote\n41. Briefings - October 1. From: Euler\n42. Eligibility for Veteran's Benefits of Clemency Discharge Holders.\nFrom: Foote\n43. Coast Guard and Personnel Eligible for Clemency Programs.\nFrom: Gordon\n44. Staff Meeting of October 2, 1974. From: Mitchell\n45. Addlestone/Schulz Outline of Discharges. From: Foote\n46. Organization and Management of the Clemency Board Staff and Paper\nFlow. From: Tropp\n47. Proposed Administrative Process for Clemency Board. From: Tropp\n- 3 -\nOctober cont'd\n48. Guidelines on Categorization of Cases and on Application of Mitigating\nand Aggravating Factors. From: Tropp\n49. Selective Service Law: Cases and Suggested Criteria. From: Klein\n50. Alternatives to Pardon. From: Euler\nNovember\n1. Resolution of North Carolina Veterans of Foreign Wars Concerning\nBenefits Given to People Who Received Amnesty. From: Tropp\n2. Contact with Outside Groups. From: Baskir\n3. Outline of Presidential Clemency Program and Rationale Behind it.\nFrom: Goodell To: Frank Harrison, Veterans Coalition\n4. Case for Conditional Clemency. From: Goodell To: Cabel Tennis,\nDean, St. Mark's Cathedral\n5. Over-View of Military Justice. From: H. Neil Broder\n6. Analysis of Tentative Board Decisions. From: Strauss\n7. Policy Considerations Affecting the Disciplinary/Administration\nTreatment of Deserters/Unauthorized Absentees. From: Broder\n8. Presidential Pardon, What is it, and What are its Consequences.\nFrom: Legal Staff\n9. Clemency Discharges. From: Strauss\n10. Absences Relating to Vietnam Service. From: Chaney To: Baskir\n11. List of Organizations that will Provide Employment to Clemency\nApplicants. From: Tropp\n12. Furloughed Selective Service Violators. From: M. Keenan\n13. Legal Propriety of Publically Announcing Clemency Pardons.\nFrom: Baskir\n14. Contacts for Possible Research; Passing on Thereof. From: Euler\n15. Docket of Civilian Cases, Nov. 6. From: Mitchell\n16. Due Process for Applicants and Communication with Outside World.\nFrom: Baskir\n17. Position Description of the General Counsel on the PCB - General\n18. The Clemency Program: Prognosis and Suggested Organization of\nExecutive Council. From: Klein\n19. Comparison of Case Recommendations. From: Klein\n20. Clemency Discharges. From: Strauss\n21. Communications and Public Affairs Proposal. From: Vinson To: Goodell\n22. Analysis of Tentative Board Decisions Nov. 21. From: Strauss\n23. Disclosures of Case Information. From: Strauss\n24. Decisions on Final Procedures. From: Baskir\n25. Covering Memo to Chief Probation Officers - Nov. 27, Jackson, Goodell\n26. Implications of the Certificate of Executive Clemency. From: Knisely\n- 4 -\nDecember\n1. Presidential Clemency Board Research Requirements. From: Strauss\n2. Information on Clemency Procedures distributed to the Press at\nPresidential Acceptance of P.C.B. Recommendations. From: Knisely\n3. Public Service Campaign. From: Vinson\n4. Options for Military Cases. From: Knisely\n5. Clemency for Military Cases. From: Baskir\n6. Presidential Pardons and Effect Upon Military Offenses and Discharges.\nFrom: Klein\n7. Files of the Draft Allocation Program. From: Knisely\n8. Alternate Service Information - General Memo.\n9. The Presidential Clemency Program. What is it? How does it Work?\nGeneral Information\n10. Announcements of Grants of Clemency During Christmas. From: Goodell\n11. First Recommendations for Clemency: Persons Convicted of Military\nOffenses; Further Recommendations for Selective Service Cases.\nFrom: Goodell\nTo: President\n12. Nature of the Clemency to be Granted Former Servicement. From: Goodell\nTo: President\n13. Withheld Cases. From: Strauss\n14. Additional Lawyer Referral. From: Knisely\n15. Military Awards and Decorations. From: Legal Staff\n16. Comments upon and Criticisms of the Proposed Rules and Regulations\nof the Presidential Clemency Board. From: Neil Broder\n17. Expungement of Felony Conviction. To: Senator Hart\nFrom: Goodell\n18. Regulations Issued by the Chairman of the Presidential Clemency Board.\nFrom: O'Hare\n19. Some Budget Figures. From: Handwerger\nTo: Goodell\n20. Mail Composition. From: Handwerger\nTo: Goodell\n21. Blood Donation as a Mitigating Circumstance. From: Goodell\n22. Report of the National Advisory Commission on Selective Service -\nFeb. 1967. In Pursuit of Equity: \"Who Serves When Not All Serve?\"\nFrom: C. Friedman\n23. Information on Clemency Procedures distributed to Press at Presidential\nAcceptance of P.C.B. Recommendations. From: Knisely\n24. Ready Reference on Military Abbreviations and Acronyms. From: Legal Staff\n25. Effect of Pardon on Dishonorable Discharge. From: Klein\n26. Expungement of Records: Dilemma and Resolution. From: Klein\n27. Consultants for the Clemency Board. From: Charles Mott\n- 5 -\nJanuary\n1. Personal Appearance of Applicant Before the Board. From: Hansen\n2. Answers to Questions Regarding Various Aspects of Clemency.\nFrom: Goodell\nTo: Strom Thurmond\n3. The Impact of the Presidential Clemency Board's Public Information\nCampaign. From: Vinson\nTo: Marder\n4. Presidential Decisions - December 28, 1974.\n5. Comments on Clemency Deadline Extension Memorandum to President\nFrom: Tropp\nTo: Jones\n6. Elimination of Workers Defense League as Lawyer - Referral Service.\nFrom: Lohff\n7. Meeting between Baskir and Cap'n \"Dusty\" Miller, Conducted on Jan 16,1975\nat Room 3E-966, the Pentagon. From: Poole\n8. Clemency Counselling Service in Indiana. From: O'Hare\n9. Fairness Doctrine and our TV Spots. From: Tropp\n10. Inmates Eligible for Clemency. From: Goodell\n11. Extension of Jan. 31 Deadline for Applications to the P.C.B.\nFrom: Goodell\nTo: Ford\n12. Unemployed Persons Eligible for Clemency. From: Goodell\n13. Four Person Panels - Legality and Advisability. From: O'Hare\n14. The Confidentiality of Selective Service Files: From: Poole\n15. Upgrading the Discharges of Ex-Servicement to Whom You Grant Clemency.\nFrom: Goodell\nTo: President\n16. Correspondence and other Communications. From: Handwerger To: Baskir\n17. Baseline for Servicement with Undesirable Discharges. From: Strauss\n18. Length of Alternate Service for Applicants with Undesirable Discharges.\nFrom: Hickman\n19. Seattle Survey of Eligible Ex-Servicemen. From: Strauss\nFebruary\n1. Memo dated Feb. 19, 1975, Concerning Case Summary Form for Undesirable\nDischarge. From: O'Hare To: Hansen, Horn, Baskir\n2. Three Decisions on Your Clemency Program: 1) Military discharges\n\"under honorable conditions. 2) AWOL offenses should not be part of\nrecord if applicant receives clemency. 3) Extend deadline for two\nmonths. From: Goodell\nTo: President\n3. Reasons for Upgrading Viet-Nam Discharges and Adding Benefits.\nTo: President\nFrom: Walt, Dougovito, Maye\n4. Clemency Board Funding Estimates. From: Goodell To: President\n5. Proposed Changes in Procedures to Expedite Clemency Board Processing\nof Applications (Bare Bones II). From: Horn\n6. Clemency Board Budget Problems. From: Horn\n7. Staff Requirements for the Presidential Clemency Board. From: Goodell\n8. Presidential Clemency Board Inaction on Requests for Personal Appearances.\nFrom: Neil Broder, J. Lohff\n- 6 -\nFebruary cont'd\n9. Informational Letter to Senator Philip Hart from Charles Goodell Containing\nVarious Pertinent Bits of Information on Board and Its Operation.\n10. Scope of Quality Control Activities for Initial Summaries. From: Hansen\n11. Format for Shorter Summary and Recommendation for Possible New Full-Time\nBoard. From: MacQueeney\n12.. \"Bare Bones\" PCB Summary Proposed by Charles Craig. From: O'Hare\n13. Action on PCB Recommendation to Grant Upgraded Discharges to Five\nSpecial Clemency Cases. From: Goodell\n14. Resource Requirements for the Clemency Board. From: Baskir\n15. Draft Evaders on the Justice Dept. Final List. From: Baskir\n16. Use of Board Funds for Public Service Campaign. From: Horn\n17. Paper on Background Information Sent to Edward Kennedy Re: Truman's\nPast WW II Amnesty Board.\n18. Figures as of COB, January 31, 1975. From: Handwerger To: Staff\n19. Outline of Sealing Issues. From: Strauss\nTo: Tropp, Baskir\n20. Scope of Quality Control Activities for Initial Summaries.\nFrom: Hansen\nTo: Baskir\n21. Sealing the Records of Persons Granted Clemency.\nFrom: Strauss\nTo: Tropp, Baskir\n22. Case Notes.\nFrom: Klein\nTo: Baskir\n23. Eligibility of Inmate Applicants. From: Strauss To: Baskir, Tropp\n24. Expediting the Announcement of Dispositions of Decided Cases.\nFrom: Craig\nTo: PCB\n25. Success Rates for Military Discharge Review Boards.\nFrom: Strauss\nTo: Goodell\n26. Three Decisions on Your Clemency Program.\nFrom: Goodell\nTo: President\nLAWYER REFERRAL SERVICES\nNew York County Lawyers Association\n14 Vesey Street\nNew York, New York 10007\n212/267-6646\nFor persons with oustanding AWOL offenses:\nClemency Information Center\n1100 West 42nd Street\nIndianapolis, Indiana 46208\n317/635-8259 (accepts all collect calls)\nFor California and neighboring states:\nLos Angeles County Bar Association Clemency Committee\n606 S. Olive\nLos Angeles, California 90014\n213/624-8571\nFor Arizona and the Southwest states:\nMartori, Meyer, Hendricks, and Victor\nAttn: Larry Hammond\n26th Floor\n3003 N. Central Avenue\nPhoenix, Arizona 85012\n602/263-8287\nOR YOUR LOCAL PUBLIC DEFENDER SERVICE OR LEGAL AID SOCIETY\n*\n*\nx\n*\n*\n*\nThe Pardon Attorney's address: Pardon Attorney, Lawrence Traylor,\nDepartment of Justice, Washington, D. C. 20530\nCurrent telephone number of Ft. Benjamin Harrison:\n317/542-3417, and telephone number for ACLU office of\nFt. Benjamin Harrison: 317/635-8259.\nFORD i LIBRARY GENALD\nREFERRAL LIST for Upgrading Discharges\nCommanding Officer\nU.S. Army Admin. Center\nThe Adjutant General's Office\n9700 Page Blvd.\nSt. Louis, Missouri 63132\n*\nArmy Discharge Review Board\nRoom IE 479, The Pentagon\nWashington, D. C. 20310\nox 5-4682\nStatute of Limitations: 15 years from date of discharge\nArmy Board for Corrections of Military Records\nRoom 1E 512, The Pentagon\nWashington, D.C. 20310\nox 7-4254\nStatute of Limitations: 3 years within discovery of\nerror or injustice--exceptions\n*\nAir Force Discharge Review Board\nallowed with justification\nCommonwealth Building\n1300 Wilson Blvd., Room 903\nArlington, Virginia 22209\nox 4-5249\nStatute of Limitations: 15 years from date of discharge\nAir Force Board for the Correction\nof Military Records\nRoom 5C 860, The Pentagon\nWashington, D.C. 20330\nox 5-2359\nStatute of Limitations: 3 years within discovery of\nerror or injustice--exceptions\n*\n**\nNavy Discharge Review Board\nallowed with justification\nNavy Department, Arlington Annex\nRoom G711\nWashington, D.C. 20370\nox 4-1648\nStatute of Limitations: 15 years from date of discharge\nBoard for Correction of Naval Records **\nDepartment of Navy, Arlington Annex\nWashington, D.C. 20370\nStatute of Limitations: 3 years within discovery of\n*\nerror or injustice--exceptions\nFORD\nCoast Guard\nallowed with justification\nBoards of Review of Discharges & Dismissals\nGERAL\nCoast Guard Headquarters\nLIBRARY\nWashington, D.C. 20590\n426-1317\nStatute of Limitations: 15 years from date of discharge\n*\nApplicants should apply to the Discharge Review Board first. If the appli-\ncant wants to appeal his decision, he can take his case to the Board for\nCorrections. After 15 years, all cases should go directly to the Board for\nCorrections.\nThis address also applies to Marines."
}