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[SBD]

Gerald R. Ford: 1974-77

1077 - Letter to Mrs. Philip A. Hart on Amnesty for Vietnam-Era Draft Evaders and Deserters.
http://www.presidency.ucsb.edu/ws/index.php?pid=5577

January 19th, 1977

Dear lane:

Since our recent conversation, I have thought a great deal about your request that I grant amnesty to all Vietnam war era draft evaders and deserters.1 I have carefully reviewed my clemency program which enabled individuals to earn clemency discharges and pardons and believe it is a program consistent with America's best traditions of compassion and forgiveness. When I established the program, I did so in the belief that it was very important for the country that the post-Vietnam reconciliation take place in an atmosphere that restored unity and at the same time maintained a respect for the law and for diversity of opinion. Of the more than 21,700 people who applied to the clemency program, approximately 13,500 have received or are in the process of earning pardons, clemency discharges, or other benefits.

1See footnote 1, Item 1039.

I know how firmly and deeply you and Phil and your children have felt about Vietnam amnesty, and I respect that feeling and belief: However, I also have a strong personal belief that earned clemency was the right approach to healing our country's Vietnam wounds and to creating a mutual understanding among all those individuals and families who were personally involved in the Vietnam war, from those who felt they could not serve to those who lost a child, a husband, or a father. I thus have decided to maintain my position on earned clemency and hope you will understand. Within my clemency program, however, I have directed that the other than honorable discharges received by former service members who were wounded in combat or received decorations for valor in combat in Vietnam each be reviewed and upgraded to discharges under honorable conditions, unless there is a compelling reason to the contrary in any case.

Betty and I want to convey again our deep condolences to you, your children, and to the entire Hart family on the loss of Phil.

Sincerely,

GERALD R. FORD




Gerald R. Ford: 1974-77
78 - Proclamation 4313, Announcing a Program for the Return of Vietnam Era Draft Evaders and Military Deserters.
http://www.presidency.ucsb.edu/ws/index.php?pid=4714
September 16th, 1974

By the President of the United States of America a Proclamation

The United States withdrew the last of its forces from the Republic of Vietnam on March 28, 1973.

In the period of its involvement in armed hostilities in Southeast Asia, the United States suffered great losses. Millions served their country, thousands died in combat, thousands more were wounded, others are still listed as missing in action.

Over a year after the last American combatant had left Vietnam, the status of thousands of our countrymen--convicted, charged, investigated or still sought for violations of the Military Selective Service Act or of the Uniform Code of Military Justice--remains unresolved.

In furtherance of our national commitment to justice and mercy these young Americans should have the chance to contribute a share to the rebuilding of peace among ourselves and with all nations. They should be allowed the opportunity to earn return to their country, their communities, and their families, upon their agreement to a period of alternate service in the national interest, together with an acknowledgement of their allegiance to the country and its Constitution.

Desertion in time of war is a major, serious offense; failure to respond to the country's call for duty is also a serious offense. Reconciliation among our people does not require that these acts be condoned. Yet, reconciliation calls for an act of mercy to bind the Nation's wounds and to heal the scars of divisiveness.

Now, THEREFORE, I, GERALD R. FORD, President of the United States, pursuant to my powers under Article II, Sections 1, 2 and 3 of the Constitution, do hereby proclaim a program to commence immediately to afford reconciliation to Vietnam era draft evaders and military deserters upon the following terms and conditions:

1. Draft Evaders--An individual who allegedly unlawfully failed under the Military Selective Service Act or any rule or regulation promulgated thereunder, to register or register on time, to keep the local board informed of his current address, to report for or submit to preinduction or induction examination, to report for or submit to induction itself, or to report for or submit to, or complete service under Section 6(j) of such Act during the period from August 4, 1964 to March 28, 1973, inclusive, and who has not been adjudged guilty in a trial for such offense, will be relieved of prosecution and punishment for such offense if he:
(i) presents himself to a United States Attorney before January 31, 1975,
(ii) executes an agreement acknowledging his allegiance to the United States and pledging to fulfill a period of alternate service under the auspices of the Director of Selective Service, and

(iii) satisfactorily completes such service. The alternate service shall promote the national health, safety, or interest. No draft evader will be given the privilege of completing a period of alternate service by service in the Armed Forces.

However, this program will not apply to an individual who is precluded from re-entering the United States under 8 U.S.C. 1182(a)(22) or other law. Additionally, if individuals eligible for this program have other criminal charges outstanding, their participation in the program may be conditioned upon, or postponed until after, final disposition of the other charges has been reached in accordance with law.

The period of service shall be twenty-four months, which may be reduced by the Attorney General because of mitigating circumstances.

2. Military Deserters--A member of the armed forces who has been administratively classified as a deserter by reason of unauthorized absence and whose absence commenced during the period from August 4, 1964 to March 28, 1973, inclusive, will be relieved of prosecution and punishment under Articles 85, 86 and 87 of the Uniform Code of Military Justice for such absence and for offenses directly related thereto if before January 31, 1975 he takes an oath of allegiance to the United States and executes an agreement with the Secretary of the Military Department from which he absented himself or for members of the Coast Guard, with the Secretary of Transportation, pledging to fulfill a period of alternate service under the auspices of the Director of Selective Service. The alternate service shall promote the national health, safety, or interest.

The period of service shall be twenty-four months, which may be reduced by the Secretary of the appropriate Military Department, or Secretary of Transportation for members of the Coast Guard, because of mitigating circumstances.

However, if a member of the armed forces has additional outstanding charges pending against him under the Uniform Code of Military Justice, his eligibility to participate in this program may be conditioned upon, or postponed until after, final disposition of the additional charges has been reached in accordance with law.

Each member of the armed forces who elects to seek relief through this program will receive an undesirable discharge. Thereafter, upon satisfactory completion of a period of alternate service prescribed by the Military Department or Department of Transportation, such individual will be entitled to receive, in lieu of his undesirable discharge, a clemency discharge in recognition of his fulfillment of the requirements of the program. Such clemency discharge shall not bestow entitlement to benefits administered by the Veterans Administration.

Procedures of the Military Departments implementing this Proclamation will be in accordance with the guidelines established by the Secretary of Defense, present Military Department regulations notwithstanding.

3. Presidential Clemency Board-By Executive Order I have this date established a Presidential Clemency Board which will review the records of individuals within the following categories: (i) those who have been convicted of draft evasion offenses as described above, (ii) those who have received a punitive or undesirable discharge from service in the armed forces for having violated Article 85, 86, or 87 of the Uniform Code of Military Justice between August 4, 1964 and March 28, 1973, or are serving sentences of confinement for such violations. Where appropriate, the Board may recommend that clemency be conditioned upon completion of a period of alternate service. However, if any clemency discharge is recommended, such discharge shall not bestow entitlement to benefits administered by the Veterans Administration.

4. Alternate Service--In prescribing the length of alternate service in individual cases, the Attorney General, the Secretary of the appropriate Department, or the Clemency Board shall take into account such honorable service as an individual may have rendered prior to his absence, penalties already paid under law, and such other mitigating factors as may be appropriate to seek equity among those who participate in this program.

IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of September in the year of our Lord nineteen hundred seventy-four, and of the Independence of the United States of America the one hundred and ninety-ninth.
GERALD R. FORD



Gerald R. Ford: 1974-77
329 - Statement Announcing Presidential Clemency Decisions.
http://www.presidency.ucsb.edu/ws/index.php?pid=4664
December 31st, 1974

I HAVE signed pardons under the clemency program for 18 civilians who have never served in uniform--nine of these effective immediately, and nine of them conditional upon the recipients earning their way back into society by alternate service. In addition, I have formally approved the [Presidential Clemency] Board's recommendations for clemency for 29 former servicemen, including 26 whose pardons will be conditional on their completing alternate service.

These former servicemen still have available to them military appellate mechanisms for review of their earlier convictions. Since I do not intend to impair or prejudice their access to that legal process, I have not signed the formal instruments of clemency at this time. I will not do so until and unless the convictions will have become final, and the resulting punitive and undesirable discharges will have been executed.

Each of these cases involves an individual--a judgment of his past and a determination of his future. The responsibility in each decision is a grave one. The Board and I have carefully considered each case on its individual merits. I believe we have acted with both justice and mercy.

NOTE: The statement was released at Vail, Colo.

Gerald R. Ford: 1974-77
58 - Statement Announcing Extension of the Program for the Return of Vietnam Era Draft Evaders and Military Deserters.
http://www.presidency.ucsb.edu/ws/index.php?pid=5271
January 30th, 1975

LAST September I announced a program of earned return for those who were draft evaders and military absentees during the Vietnam conflict.

This program was intended to reach a broad group of young Americans who had been convicted, charged, investigated, or who were still sought for violations of the Military Selective Service Act or of the Uniform Code of Military Justice. Also, this program was intended to provide a way for many persons who received an undesirable discharge from military service for absentee related offenses to upgrade their discharge certificate to a clemency discharge.

After reviewing the progress of this program, I believe that many of those who could benefit from it are only now learning of its application to their cases. This belief is based on a significant increase in the number of applications and inquiries over the past few weeks when publicity and communications about the program were greatly expanded.

Therefore, I am today extending the termination date for applications from January 31 until March 1, 1975.

NOTE: On the same day, the President signed Proclamation 4345 and Executive Order 11837, extending the program's application period.

Gerald R. Ford: 1974-77
113 - Statement Announcing Final Extension of the Program for the Return of Vietnam Era Draft Evaders and Military Deserters.

February 28th, 1975
http://www.presidency.ucsb.edu/ws/index.php?pid=4754
ON January 30, 1975, I extended until March 1 the termination date of applications under the clemency program for draft evaders and military absentees who have charges still pending against them and for those who already have been punished for such offenses.

Based on a further review of the progress of this program, I believe that many of those who have already been punished are only now learning they are eligible. This is confirmed by the large number of applications--already exceeding 10,000--which continue to be filed with the Presidential Clemency Board.

Therefore, I am today granting a final extension of the termination date for applications under the clemency program from March 1 until March 31, 1975.

NOTE: On the same day, the President signed Proclamation 4353 and Executive Order 11842, extending the application period for the clemency program.


Gerald R. Ford: 1974-77
566 - Statement Announcing Termination of the Presidential Clemency Board.
http://www.presidency.ucsb.edu/ws/index.php?pid=5256
September 16th, 1975

WHEN I took office 13 months ago, the status of persons who had evaded military service or had deserted the Armed Forces during the Vietnam conflict remained unresolved. In furtherance of our national commitment to justice and mercy, I established on September 16, 1974, a Program for the Return of Vietnam Era Draft Evaders and Military Deserters, because I believed these young Americans should have the opportunity to contribute a share in the rebuilding of peace among ourselves and with all nations.

As part of this program, I established the Presidential Clemency Board to review the cases of evaders and deserters who had been convicted of these offenses. In addition, other parts of the program were administered by the Department of Justice and by the Department of Defense.

The Clemency Board, under the chairmanship of Charles E. Goodell, has considered approximately 15,500 applications on a case-by-case basis for the purpose of making recommendations to me. As I had intended, the Board gave careful attention to each individual case and did not simply recommend blanket amnesty for whole categories of applicants. The Board has worked diligently to fulfill its very important assignment.

Now that the Presidential Clemency Board has completed its consideration of all its cases, I have signed an Executive order [11878 of September 10, 1975] terminating operations of the Board and transferring to the Attorney General whatever administrative duties may remain to be completed.

I want to thank the members of the Board for their personal contribution and hard work. As a result of their efforts, many deserving young Americans will have been helped to achieve full reentry into their respective communities.

NOTE: On the same day, the President met with members of the Board at the White House.

Gerald R. Ford: 1974-77
1076 Memoranda on Vietnam-Era Selective Service Discharges.
http://www.presidency.ucsb.edu/ws/index.php?pid=5576
January 19th, 1977

Memorandum for the Secretary of the Army, the Secretary of the Air Force, the Secretary of the Navy; Through the Secretary of Defense

Under Proclamation 4313 of September 16, 1974, which established a Vietnam era clemency program for draft evaders and military deserters, approximately 13,589 former military service members who had been discharged for desertion and approximately 5,555 undischarged deserters applied for clemency. As President, I have a continuing concern over the welfare of these people, particularly those who were wounded in combat or who received decorations for valor in combat in Vietnam and subsequently received other than honorable discharges.

As Commander-in-Chief and consistent with the spirit of reconciliation of my clemency program, I am hereby directing that you take all necessary action to insure that the discharges of these former service members who were wounded in combat or who received decorations for valor in combat in Vietnam and who applied to the clemency program be reviewed on an individual basis.

I am further directing that these discharges be recharacterized as under honorable conditions, unless you find a compelling reason to the contrary in any case.

By a separate memorandum, I have requested the Attorney General to assist you in the identification process by providing the names and service numbers of all former service members who applied to the Presidential Clemency Board program and whose records indicate that they were wounded in combat or received decorations for valor in combat.

GERALD R. FORD

Memorandum for the Commandant of the Coast Guard; Through the Secretary of Transportation

Under Proclamation 4313 of September 16, 1974, which established a Vietnam era clemency program for draft evaders and military deserters, approximately 13,589 former military service members who had been discharged for desertion and approximately 5,555 undischarged deserters applied for clemency. As President, I have a continuing concern over the welfare of these people, particularly those who were wounded in combat or who received decorations for valor in combat in Vietnam and subsequently received other than honorable discharges.

As Commander-in-Chief and consistent with the spirit of reconciliation of my clemency program, I am hereby directing that you take all necessary action to insure that the discharges of the former Coast Guard service members who were wounded in combat or who received decorations for valor in combat in Vietnam and who applied to the clemency program be reviewed on an individual basis.

I am further directing that these discharges be recharacterized as under honorable conditions, unless you find a compelling reason to the contrary in any case.

By a separate memorandum, I have requested the Attorney General to assist you in the identification process by providing the names and service numbers of all former Coast Guard service members who applied to the Presidential Clemency Board program and whose records indicate that they were wounded in combat or received decorations for valor in combat.

GERALD R. FORD

Memorandum for the Attorney General

By separate memoranda, I have directed the Secretaries of the Army, Air Force, and Navy and the Commandant of the Coast Guard to take all necessary action to insure that the other than honorable discharges of former service members who were wounded in combat or who received decorations for valor in combat in Vietnam and who applied to the clemency program be reviewed on an individual basis. I have further directed that these discharges be recharacterized as under honorable conditions, unless there is a compelling reason to the contrary in any case.

In order to assist the identification process, I am requesting that you provide to the Secretaries of Defense and Transportation, as appropriate, the names and service numbers of all former service members who applied to the Presidential Clemency Board program and whose records indicate that they were wounded in combat or that they received decorations for valor in combat.

GERALD R. FORD

This also explains why he was discharged in 1978 instead of 1976.

The period of service shall be twenty-four months, which may be reduced by the Attorney General because of mitigating circumstances.

It can no longer be denied that this is exactly what happened, it fits too well with his timeline. The question is, do we have enough time to expose Kerry and how can we best accomplish it?

KERRY WAS A DESERTER!!

Let's get to work!!!!


SBD

[lrb111]

Now that you have brough it up i remember when Ford made the evening news with this.
Good stuff, bud, it fits!!
_________________
said Democratic Chairman Terry McAuliffe. "It is inexcusable to mock service and sacrifice."
well, when even the DNC can see it,,,,, then kerry is toast.

[Aristotle The Hun]

Sometimes you just know that you got it right. This explains so many things. Good piece of research!

Sam
_________________
Deportè Monsieur Kerrè

[stevec]

KERRY WAS A DESERTER!!
_________________
Keep Kerry Out
Kerry is a TRAITOR
Kerry is UNFIT


Steve Christensen

[cgc]

I don't think so! Never happened, He's not that big a fool to try and cover something like this up.

CGC
Swift Boat Crew 6C

[PowerPro]

You mean, Monsieur Jean François Kerrè didn't get that honorable discharge originally after all? I'm stunned.

What does Navy Chief have to say about this?
_________________
ANNOUNCING: DOUBLE W. Which means, KERRY LOST! Now don't that feel GOOD????

Thank you SBVs & POWs FT! Your service to this country is incalculable!!!

[mangdawg]

[MJB]

[stylin19]

and who applied to the clemency program be reviewed on an individual basis.

all the statements appear to contain the above phrase.

It would seem Sen. Kerry would be covered under the memorandum to the attorney general.

It would also seem that there has to be a Kerry application floating around somewhere.
_________________
U.S.M.C. - 1969-1971
RVN- 1970-1971

[mangdawg]

In order to assist the identification process, I am requesting that you provide to the Secretaries of Defense and Transportation, as appropriate, the names and service numbers of all former service members who applied to the Presidential Clemency Board program and whose records indicate that they were wounded in combat or that they received decorations for valor in combat.

wouldn't the above lists be subject to FOI since they're no longer personell records?

[SBD]

Doesn't anyone think that the letter I posted at the beginning of the thread is peculiar??

Why would this letter be released along with these memorandum?

Is it possible that Mrs. Philip Hart is the wife of the former Senator Philip Hart that was on the panel at Kerry's 1971 testimony.

In his 1971 Capitol Hill statement, Kerry -- wearing Army fatigues with rows of ribbons above the shirt's left pocket -- played to the sentiments of such anti-Vietnam War senators on the panel as its chairman, J. William Fulbright, D-Ark., and some of its most senior members, including Sen. Jacob Javits, R-N.Y., and Sen. Philip Hart, D-Mich.

The letter does not reference anyone in particular, I.E. her children. Ford does specifically mention not wanting to give clemency to everyone, but concedes to her the issue regarding decorated and wounded soldiers. If it is the wife of Senator Philip Hart, she would be a widow at this point as he passed away the year before. It still seems odd though that this letter specifically addresses John Kerry's discharge problem. Ford left the final decision to the Review Board to deny the Honorable Discharge if they saw fit.

SBD

[Stevie]

there was one time the Kerry said something strange about bush's 'honorable discharge' like 'you can have a honorable discharge and still not have served.... or not completed ... your service'.... something very close to that.... I wondered what he meant..... now we know - he sure knew about it!
Navychief checked in on this? he has the scoop I bet.... bet he has the application ! yahooo! but kerry wouldn't have sat in a senate hearing as a deserter would he have? they'd a got him! bet it's just a 'less than honorable discharge' changed to honorable.....
_________________
Stevie
Congressmen who willfully take actions during wartime that damage
morale and undermine the military are saboteurs and should
be arrested, exiled or hanged.

[CTW]

HART, Philip Aloysius, (1912 - 1976)

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Senate Years of Service: 1959-1976
Party: Democrat


HART, Philip Aloysius, a Senator from Michigan; born in Bryn Mawr, Montgomery County, Pa., December 10, 1912; attended Waldron Academy and parochial schools; graduated from Georgetown University, Washington, D.C., in 1934 and from the University of Michigan Law School at Ann Arbor in 1937; admitted to the Michigan bar in 1938 and commenced the practice of law in Detroit, Mich.; during the Second World War served in the United States Army from 1941 until discharged in 1946 as a lieutenant colonel of Infantry; wounded during the D-Day assault on Utah Beach in Normandy; Michigan Corporation Securities Commissioner from 1949 until his resignation in 1951; State director of the Office of Price Stabilization 1951-1952; United States district attorney of the Eastern Michigan District 1952-1953; legal adviser to the Governor of Michigan 1953-1954; lieutenant governor 1955-1958; elected as a Democrat to the United States Senate in 1958; reelected in 1964 and again in 1970 and served from January 3, 1959, until his death in Washington, D.C., December 26, 1976; was not a candidate for reelection in 1976; third Senate Office Building named for Senator Hart in 1987; interred in St. Anne’s Catholic Cemetery, Mackinac Island, Mich.




Bibliography

O’Brien, Michael. Philip Hart: The Conscience of the Senate. East Lansing: Michigan State University Press, 1995; U.S. Congress. Memorial Addresses. 95th Cong., 1st sess., 1977. Washington, D.C.: Government Pr


Just a little research. Who are the children mentioned? I'm looking. CTW

Never Ever Kerry

[mangdawg]

i noticed Philip Hart's wife was named Jane, the same name the letter addressed

[CTW]

--------------------------------------------------------------------------------
Jane Briggs Hart Status: Inactive. Trained as: Astronaut candidate. Profession: Pilot. Sex: Female. Birth Date: 01 January 1920. Birth Country: USA. Nationality: American. Group: 1960 NASA Women Group (Candidate). Selected: 1960. Departed: 1961. Comments: Wife of US Senator from Michigan, Philip Hart. Day and month of birth unknown.


Interesting. Can't get Jim and Walter Hart info (sons). Looking CTW