SwiftVets.com

[kate]

The Discharge Issue

References, ie

Presidential Orders & Proclamations

US.Code

Naval Discharge Review Board

BUPERSMAN

United States Department of Justice -Office of the Pardon Attorney

Articles from the time period


Some of these appear in in various threads in the forum, compiling here for ease of reference

Please feel free to contribute related resources
_________________
.
one of..... We The People

[kate]

Executive Orders Disposition Tables
Gerald R. Ford - 1974
http://www.archives.gov/federal_register/executive_orders/ford.html

Executive Order 11803
Establishing a Clemency Board to review certain convictions of persons under section 12 or 6 (j) of the Military Selective Service Act and certain discharges issued because of, and certain convictions for, violations of Article 85, 86, or 87 of the Uniform Code of Military Justice and to make recommendations for executive clemency with respect thereto
• Signed: September 16, 1974
• Federal Register page and date: 39 FR 33297; September 17, 1974
• Amended by: EO 11837, January 30, 1975; EO 11842, February 28, 1975; EO 11857, May 7, 1975; EO 11878, September 10, 1975 (Board terminated, functions transferred to Attorney General)
• See: EO 11967, January 21, 1977

Executive Order 11804
Delegation of certain functions vested in the President to the Director of Selective Service
• Signed: September 16, 1974
• Federal Register page and date: 39 FR 33299; September 17, 1974
• See: EO 11878, September 10, 1975
•

Executive Order 11835
Prescribing amendments to the Manual for Courts-Martial, United States, 1969 (revised edition)
• Signed: January 27, 1975
• Federal Register page and date: 40 FR 4247; January 29, 1975
• Amends: EO 11476, June 19, 1969 (which was rescinded by EO 12473, April 13, 1984)
• See: EO 12198, March 12, 1980

Executive Order 11837
Amending Executive Order No. 11803 of September 16, 1974, to extend the period for application for Clemency Board review of certain convictions and military service discharges
• Signed: January 30, 1975
• Federal Register page and date: 40 FR 4895; February 3, 1975
• Amends: EO 11803, September 16, 1974
• Amended by: EO 11842, February 28, 1975
• See: EO 11857, May 7, 1975

Executive Order 11842
Amending Executive Order Nos. 11803 and 11837 to further extend the period for application for Clemency Board review of certain convictions and military service discharges
• Signed: February 28, 1975
• Federal Register page and date: 40 FR 8935; March 4, 1975
• Amends: EO 11803, September 16, 1974; EO 11837, January 30, 1975
• See: EO 11857, May 7, 1975

Executive Order 11857
Amending Executive Order Nos. 11803, 11837, and 11842 to provide authority to increase the number of members of the Presidential Clemency Board
• Signed: May 7, 1975
• Federal Register page and date: 40 FR 20261; May 9, 1975
• Amends: EO 11803, September 16, 1974
• Amended by: EO 11878, September 10, 1975 (Termination of Clemency Board and transfer of functions to Attorney General)

Executive Order 11878
Assigning responsibilities relating to activities of the Presidential Clemency Board
• Signed: September 10, 1975
• Federal Register page and date: 40 FR 42731; September 16, 1975
• Amends: EO 11803, September 16, 1975; EO 11842, February 28, 1975; EO 11857, May 7, 1975



Executive Orders Disposition Tables
Jimmy Carter - 1977
http://www.archives.gov/federal_register/executive_orders/carter.html

Executive Order 11967
Relating to violations of the Selective Service Act, August 4, 1964 to March 28, 1973
• Signed: January 21, 1977
• Federal Register page and date: 42 FR 4393; January 24, 1977
• See: Proc. 4313, September 16, 1974; EO 11803, September 16, 1974; Proc. 4483, January 21, 1977

Executive Order 12017
Amending the Code of Conduct for Members of the Armed Forces of the United States
• Signed: November 3, 1977
• Federal Register page and date: 42 FR 57941; November 7, 1977
• Amends: EO 10631, August 17, 1955

Executive Order 12018
Amending the Manual for Courts-Martial, United States, 1969 (Revised Edition)
• Signed: November 3, 1977
• Federal Register page and date: 42 FR 57943; November 7, 1977
• Amends: EO 11476, June 19, 1969 (which was rescinded by EO 12473, April 13, 1984)
• See: EO 12198, March 12, 1980

Executive Order 12198
Prescribing amendments to the Manual for Courts-Martial, United States, 1969 (Revised Edition)
• Signed: March 12, 1980
• Federal Register page and date: 45 FR 16932; March 14, 1980
• Amends: EO 11476, June 19, 1969 (which was rescinded by EO 12473, April 13, 1984)
• Amended by: EO 12233, September 1, 1980
• See: EO 11835, January 27, 1975; EO 12018, November 3, 1977; EO 12306, June 1, 1981

Executive Order 12233
Amendments to the Manual for Courts Martial, United States, 1969 (Revised edition)
• Signed: September 1, 1980
• Federal Register page and date: 45 FR 58503; September 4, 1980
• Amends: EO 11476, June 19, 1969 (which was rescinded by EO 12473, April 13, 1984); EO 12198, March 12, 1980


see below for highlighted orders
_________________
.
one of..... We The People

[kate]

http://www.ford.utexas.edu/ford_full_search.html
President Gerald R. Ford's Remarks Announcing a Program for the Return of Vietnam Era Draft Evaders and Military Deserters
October 9, 1974

Good morning:
In my first week as President, I asked the Attorney General and the Secretary of Defense to report to me, after consultation with other Governmental officials and private citizens concerned, on the status of those young Americans who have been convicted, charged, investigated, or are still being sought as draft evaders or military deserters.

On August 19, at the national convention of Veterans of Foreign Wars in the city of Chicago, I announced my intention to give these young people a chance to earn their return to the mainstream of American society so that they can, if they choose, contribute, even though belatedly, to the building and the betterment of our country and the world.

I did this for the simple reason that for American fighting men, the long and divisive war in Vietnam has been over for more than a year, and I was determined then, as now, to do everything in my power to bind up the Nation's wounds.

I promised to throw the weight of my Presidency into the scales of justice on the side of leniency and mercy, but I promised also to work within the existing system of military and civilian law and the precedents set by my predecessors who faced similar postwar situations, among them Presidents Abraham Lincoln and Harry S. Truman.

My objective of making future penalties fit the seriousness of each individual's offense and of mitigating punishment already meted out in a spirit of equity has proved an immensely hard and very complicated matter, even more difficult than I knew it would be.

But the agencies of Government concerned and my own staff have worked with me literally night and day in order to develop fair and orderly procedures and completed their work for my final approval over this last weekend.

I do not want to delay another day in resolving the dilemmas of the past, so that we may all get going on the pressing problems of the present. Therefore, I am today signing the necessary Presidential proclamation and Executive orders that will put this plan into effect.

The program provides for administrative disposition of cases involving draft evaders and military deserters not yet convicted or punished. In such cases, 24 months of alternate service will be required, which may be reduced for mitigating circumstances.

The program also deals with cases of those already convicted by a civilian or military court. For the latter purpose, I am establishing a clemency review board of nine distinguished Americans whose duty it will be to assist me in assuring that the Government's forgiveness is extended to applicable cases of prior conviction as equitably and as impartially as is humanly possible.

The primary purpose of this program is the reconciliation of all our people and the restoration of the essential unity of Americans within which honest differences of opinion do not descend to angry discord and mutual problems are not polarized by excessive passion.

My sincere hope is that this is a constructive step toward a calmer and cooler appreciation of our individual rights and responsibilities and our common purpose as a nation whose future is always more important than its past.

At this point, I will sign the proclamation [4313] that I mentioned in my statement, followed by an Executive order [11803] for the establishment of the Clemency Board, followed by the signing of an Executive order [11804] for the Director of Selective Service, who will have a prime responsibility in the handling of the matters involving alternate service.

Thank you very much.
_________________
.
one of..... We The People

[kate]

http://www.access.gpo.gov/uscode/title50a/50a_9_1_.html
Proclamation 4313

PROC. NO. 4313. PROGRAM FOR RETURN OF VIETNAM ERA DRAFT EVADERS AND MILITARY DESERTERS
Proc. No. 4313, Sept. 16, 1974, 39 F.R. 33293, 88 Stat. 2504, as amended by Proc. No. 4345, Jan. 30, 1975, 40 F.R. 4893, 89 Stat. 1236; Proc. No. 4353, Feb. 28, 1975, 40 F.R. 8931, 10433, 89 Stat. 1246, provided:

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 [see References in Text note set out under section 451 of this Appendix] or of the Uniform Code of Military Justice [10 U.S.C. 801 et seq.]--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 acknowledgment 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 [see References in Text note set out under section 451 of this Appendix] 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 [section 456(j) of this Appendix] 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 March 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 [10 U.S.C. 885, 886, 887] for such absence and for offenses directly related thereto if before March 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 [10 U.S.C. 801 et seq.], 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 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 [10 U.S.C. 885, 886, 887] 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-nineth.

Gerald R. Ford.
_________________
.
one of..... We The People

[kate]

http://www.uhuh.com/laws/donncoll/eo/1974/EO11803.TXT

Executive Order 11803


EX. ORD. NO. 11803. CLEMENCY BOARD TO REVIEW CERTAIN CONVICTIONS AND DISCHARGES
Ex. Ord. No. 11803, Sept. 16, 1974, 39 F.R. 33297, as amended by Ex. Ord. No. 11837, Jan. 30, 1975, 40 F.R. 4895; Ex. Ord. No. 11842, Feb. 28, 1975, 40 F.R. 8935; Ex. Ord. No. 11857, May 7, 1975, 40 F.R. 20261; Ex. Ord. No. 11878, Sept. 10, 1975, 40 F.R. 42731, provided:

By virtue of the authority vested in me as President of the United States by Section 2 of Article II of the Constitution of the United States, and in the interest of the internal management of the Government, it is ordered as follows:

Section 1. There is hereby established in the Executive Office of the President a board of 9 members, which shall be known as the Presidential Clemency Board. The members of the Board shall be appointed by the President, who shall also designate its Chairman. The President may appoint such additional members to the board as he shall from time to time determine to be necessary to carry out its functions.

Sec. 2. The Board, under such regulations as it may prescribe, shall examine the cases of persons who apply for Executive clemency prior to March 31, 1975, and who (i) have been convicted of violating Section 12 or 6(j) of the Military Selective Service Act (50 App. U.S.C. § 462) [this section and section 456(j) of this Appendix], or of any rule or regulation promulgated pursuant to that section, for acts committed between August 4, 1964 and March 28, 1973, inclusive, or (ii) have received punitive or undesirable discharges as a consequence of violations of Articles 85, 86 or 87 of the Uniform Code of Military Justice (10 U.S.C. § 885, 886, 887) that occurred between August 4, 1964 and March 28, 1973, inclusive, or are serving sentences of confinement for such violations. The Board will only consider the cases of Military Selective Service Act violators who were convicted of unlawfully failing (i) to register or register on time, (ii) to keep the local board informed of their current address, (iii) to report for or submit to preinduction or induction examination, (iv) to report for or submit to induction itself, or (v) to report for or submit to, or complete service under Section 6(j) of such Act [section 456(j) of this Appendix]. However, the Board will not consider the cases of individuals who are precluded from reentering the United States under [former] 8 U.S.C. 182(a)(22) or other law.

Sec. 3. The Board shall report to the President its findings and recommendations as to whether Executive clemency should be granted or denied in any case. If clemency is recommended, the Board shall also recommend the form that such clemency should take, including clemency conditioned upon a period of alternate service in the national interest. In the case of an individual discharged from the armed forces with a punitive or undesirable discharge, the Board may recommend to the President that a clemency discharge be substituted for a punitive or undesirable discharge. Determination of any period of alternate service shall be in accord with the Proclamation [Proc. No. 4313, set out above] announcing a program for the return of Vietnam era draft evaders and military deserters.

Sec. 4. The Board shall give priority consideration to those applicants who are presently confined and have been convicted only of an offense set forth in section 2 of this order, and who have no outstanding criminal charges.

Sec. 5. Each member of the Board, except any member who then receives other compensation from the United States, may receive compensation for each day he or she is engaged upon the work of the Board at not to exceed the daily rate now or hereafter prescribed by law for persons and positions in GS-18, as authorized by law (5 U.S.C. 3109), and may also receive travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons in the government service employed intermittently.

Sec. 6. Necessary expenses of the Board may be paid from the Unanticipated Personnel Needs Fund of the President or from such other funds as may be available.

Sec. 7. Necessary administrative services and support may be provided the Board by the General Services Administration on a reimbursable basis.

Sec. 8. All department and agencies in the Executive branch are authorized and directed to cooperate with the Board in its work, and to furnish the Board all appropriate information and assistance, to the extent permitted by law.

Sec. 9. The Board shall submit its final recommendations to the President not later than September 15, 1975, at which time it shall cease to exist.

Gerald R. Ford.


--------------
Ed note:
http://www.au.af.mil/au/awc/awcgate/ucmj.htm
885. 85. Desertion.
886. 86. Absence without leave.
887. 87. Missing movement.
_________________
.
one of..... We The People

[kate]

http://www.uhuh.com/laws/donncoll/eo/1974/EO11804.TXT

Executive Order 11804

EX. ORD. NO. 11804. DELEGATION OF CERTAIN FUNCTIONS OF PRESIDENT TO DIRECTOR OF SELECTIVE SERVICE
Ex. Ord. No. 11804, Sept. 16, 1974, 39 F.R. 33299, provided:

By virtue of the authority vested in me as President of the United States, pursuant to my powers under Article II, Sections 1, 2 and 3 of the Constitution, and under Section 301 of Title 3 of the United States Code, it is hereby ordered as follows:

Section 1. The Director of Selective Service is designated and empowered, without the approval, ratification or other action of the President, under such regulations as he may prescribe, to establish, implement, and administer the program of alternate service authorized in the Proclamation [set out above] announcing a program for the return of Vietnam era draft evaders and military deserters.

Sec. 2. Departments and agencies in the Executive branch shall, upon the request of the Director of Selective Service, cooperate and assist in the implementation or administration of the Director's duties under this Order, to the extent permitted by law.

Gerald R. Ford.
_________________
.
one of..... We The People

[kate]

http://www.uhuh.com/laws/donncoll/eo/1975/EO11878.TXT

Executive Order 11878

EX. ORD. NO. 11878. ASSIGNING RESPONSIBILITIES RELATING TO ACTIVITIES OF PRESIDENTIAL CLEMENCY BOARD
Ex. Ord. No. 11878, Sept. 10, 1975, 40 F.R. 42731, provided:

By virtue of the authority vested in me by the Constitution of the United States of America, and as President of the United States of America, it is hereby ordered as follows:

Section 1. Section 9 of Executive Order No. 11803 of September 16, 1974, as amended [set out above] is amended to read:
"The Board shall submit its final recommendations to the President not later than September 15, 1975, at which time it shall cease to exist."

Sec. 2. Any applications for Executive clemency, as to which the Presidential Clemency Board (established by Executive Order No. 11803) [set out above] has not taken final action shall be transferred, together with the files related thereto, to the Attorney General.

Sec. 3. The Attorney General, with respect to the applications and related files transferred to him by Section 2 of this Order, shall take all actions appropriate or necessary to complete the clemency process and shall expeditiously report to the President his findings and recommendations as to whether Executive clemency should be granted or denied in any case. In performing his responsibilities under this Order, the Attorney General shall apply the relevant criteria and comply with the appropriate and applicable instructions and procedures established by Executive Order No. 11803 of September 16, 1974, as amended [set out above], Proclamation No. 4313 of September 16, 1974, as amended [set out above], Executive Order No. 11804 of September 16, 1974 [set out above], and, to the extent that he deems appropriate, the regulations of the Presidential Clemency Board and the Selective Service System issued pursuant to the foregoing Executive orders.

Sec. 4. The Director of the Office of Management and Budget is hereby designated and empowered to take such action as he deems necessary to ensure the orderly and prompt termination of the activities of the Presidential Clemency Board and the assignment of responsibilities directed by this Order.

Sec. 5. Departments and agencies in the Executive branch shall, to the extent permitted by law, cooperate with and assist the Attorney General, the Director of the Selective Service and the Director of the Office of Management and Budget in the performance of their responsibilities under this Order.

Sec. 6. The responsibilities assigned under this Order are to be completed no later than March 31, 1976, at which time the Attorney General shall submit his final recommendations to the President.

Gerald R. Ford.
_________________
.
one of..... We The People

[kate]

http://www.archives.gov/federal_register/codification/proclamations/04483.html

Proclamation 4483

PROC. NO. 4483. PARDON FOR VIOLATIONS OF ACT, AUGUST 4, 1964 TO MARCH 28, 1973
Proc. No. 4483, Jan. 21, 1977, 42 F.R. 4391, 91 Stat. 1719, provided:

Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Jimmy Carter, President of the United States, do hereby grant a full, complete and unconditional pardon to: (1) all persons who may have committed any offense between August 4, 1964 and March 28, 1973 in violation of the Military Selective Service Act [see References in Text note set out under section 451 of this Appendix] or any rule or regulation promulgated thereunder; and (2) all persons heretofore convicted, irrespective of the date of conviction, of any offense committed between August 4, 1964 and March 28, 1973 in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, restoring to them full political, civil and other rights.

This pardon does not apply to the following who are specifically excluded therefrom:

(1) All persons convicted of or who may have committed any offense in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, involving force or violence; and

(2) All persons convicted of or who may have committed any offense in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, in connection with duties or responsibilities arising out of employment as agents, officers or employees of the Military Selective Service system.
IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of January, in the year of our Lord nineteen hundred and seventy-seven, and of the Independence of the United States of America the two hundred and first.

Jimmy Carter.
_________________
.
one of..... We The People

[kate]

http://www.usdoj.gov/pardon/executive_order.htm

EXECUTIVE ORDER 11967
RELATING TO VIOLATIONS OF THE SELECTIVE SERVICE ACT,
AUGUST 4, 1964 TO MARCH 28, 1973

The following actions shall be taken to facilitate Presidential Proclamation of Pardon of January 21, 1977:

1. The Attorney General shall cause to be dismissed with prejudice to the government all pending indictments for violations of the Military Selective Service Act alleged to have occurred between August 4, 1964 and March 28, 1973 with the exception of the following:

(a) Those cases alleging acts of force or violence deemed to be so serious by the Attorney General as to warrant continued prosecution; and

(b) Those cases alleging acts in violation of the Military Selective Service Act by agents, employees or officers of the Selective Service System arising out of such employment.

2. The Attorney General shall terminate all investigations now pending and shall not initiate further investigations alleging violations of the Military Selective Service Act between August 4, 1964 and March 28, 1973, with the exception of the following:

(a) Those cases involving allegations of force or violence deemed to be so serious by the Attorney General as to warrant continued investigation, or possible prosecution; and

(b) Those cases alleging acts in violation of the Military Selective Service Act by agents, employees or officers of the Selective Service System arising out of such employment.

3. Any person who is or may be precluded from reentering the United States under 8 U.S.C. 1182(a)(22) or under any other law, by reason of having committed or apparently committed any violation of the Military Selective Service Act shall be permitted as any other alien to reenter the United States.
The Attorney General is directed to exercise his discretion under 8 U.S.C. 1182(d)(5) or other applicable law to permit the reentry of such persons under the same terms and conditions as any other alien.

This shall not include anyone who falls into the exceptions of paragraphs 1(a) and (b) and 2(a) and (b) above.

4. Any individual offered conditional clemency or granted a pardon or other clemency under Executive Order 11803 or Presidential Proclamation 4313, dated September 16, 1974, shall receive the full measure of relief afforded by this program if they are otherwise qualified under the terms of this Executive Order.

THE WHITE HOUSE,
January 21, 1977.

Jimmy Carter
_________________
.
one of..... We The People

[kate]

http://boards.law.af.mil/
http://boards.law.af.mil/cgi-bin/quickview.cgi?filename=ARMY/BCMR/CY2004/2004102732.RTF

Boards of Review Reading Rooms

17.
On 4 April 1977, the Department of Defense (DOD) directed the Services to review all less than fully honorable administrative discharges issued between 4 August 1964 and 28 March 1973. This program, known as the DOD Discharge Review Program (Special) (SDRP) required, in the absence of compelling reasons to the contrary, that a discharge upgrade to either honorable or general be issued in the case of any individual who had either completed a normal tour of duty in Southeast Asia, been wounded in action, been awarded a military decoration other than a service medal, had received an honorable discharge from a previous period of service, or had a record of satisfactory military service of 24 months prior to discharge. Consideration of other factors, including possible personal problems, which may have contributed to the acts which led to the discharge, and a record of good citizenship since the time of discharge, would also be considered upon application by the individual.
_________________
.
one of..... We The People

[kate]

http://www.usdoj.gov/pardon/carter_instructions.htm

United States Department of Justice
Office of the Pardon Attorney

Information and Instructions on Carter Proclamation Certificate


President Carter, by Proclamation of January 21, 1977, pardoned certain persons who, during the Vietnam War era, violated the Military Selective Service Act by draft-evasion acts or omissions committed between August 4, 1964 and March 28, 1973. If you believe your conviction is covered by President Carter's Proclamation, you may obtain an individual certificate of pardon evidencing the fact that this pardon proclamation applies to you. The certificate will be issued only if you were convicted of such an offense. If you were arrested for and/or charged with a Military Selective Service Act violation for an offense committed during the relevant time period, but your prosecution ended in some fashion other than conviction (such as dismissal of charges or an acquittal), you are not eligible to seek a certificate of pardon.

Furthermore, President Carter's Pardon Proclamation applies only to violations of the Military Selective Service Act by civilians. If you were a member of the armed forces during the relevant period, and you were convicted for a violation of military law, your offense does not qualify for treatment under the Proclamation. A person wishing to seek a presidential pardon for a military conviction must apply for a pardon from the current President under the regular pardon procedure. In addition, the Carter Proclamation does not apply to Military Selective Service Act violations involving force or violence; or to offenses committed by agents, officers, or employees of the Military Selective Service system in connection with duties or responsibilities arising out of their employment. Consequently, if you were employed by the Military Selective Service system and your offense involved your official duties, or if your offense involved force or violence, your conviction was not pardoned by the Proclamation.

If you believe that you were convicted of an offense that was pardoned by the Carter Pardon Proclamation and wish to obtain a certificate reflecting that the Proclamation applies to you, complete the following application form fully and carefully. The information we request is needed to enable us to determine whether you belong to the class of persons pardoned by the Proclamation and are eligible to receive the certificate of pardon. We will ask the United States Attorney for the district in which you were convicted to verify the information you provide. You should be mindful that given the amount of time that has passed since your conviction, this process may be somewhat lengthy because the records necessary to verify your claim may be in archival storage. If you have retained any documents relating to your conviction, such as the indictment, the judgment of conviction, or other court orders, you should attach copies of the documents to your application.

If the United States Attorney verifies the information you provide and it is concluded that the Carter Pardon Proclamation applies to your conviction, we will send you a certificate evidencing your pardon. We will also notify the Federal Bureau of Investigation that your conviction was pardoned by the Proclamation so that the FBI may make the appropriate notation of that fact in its official records.


The following notice is provided pursuant to the Privacy Act of 1974 to help you to understand what is involved in requesting a certificate evidencing your pardon under the President Carter's Proclamation of January 21, 1977, and why we need to obtain certain information about you.

The information that we request from you on the accompanying application form is needed to enable the Attorney General to determine whether you were pardoned by President Carter's Proclamation of January 21, 1977, and, therefore, are eligible to receive a Certificate of Pardon. This is our only purpose in asking you to complete and sign the application. The failure to provide your Social Security number will not prejudice your application for a Certificate of Pardon. However, providing your Social Security number may assist us in processing your application and may assist law enforcement agencies in updating their records to reflect the fact that a pardon was granted.

Our authority for requesting the information solicited in the accompanying application is the United States Constitution, Article II, Section 2 (the pardon clause); Presidential Proclamation 4483, dated January 21, 1977; and Order of the Attorney General No. 1012-83, 48 Fed. Reg. 22290 (1983), as codified in 28 C.F.R. §§ 0.35 and 0.36 (the authority of the Office of the Pardon Attorney).

Upon specific request, we advise anyone who asks whether a named person has been granted or denied clemency. In addition, the pendency of an application is confirmed to anyone who asks, unless extraordinary considerations of privacy are presented in a particular case that outweigh the public interest in having access to this information. If you believe such privacy considerations are present in your case, you should so inform us in writing when you submit the application.

A record of each Certificate of Pardon will be maintained in the Office of the Pardon Attorney as an official record, together with your application form and any other documents compiled in the course of processing your request. The Pardon Attorney may disclose the contents of such files to anyone when the disclosure is required by law or the ends of justice. In particular, public record documents that may be compiled in the course of processing an application, such as the judgment order from the criminal case for which pardon is sought, trial or sentencing transcripts, court opinions, and newspaper articles, are generally made available upon request by third-parties (including representatives of the news media) pursuant to the Freedom of Information Act, unless such disclosure could reasonably be expected to constitute an unwarranted invasion of the petitioner's personal privacy. In addition, unsolicited Congressional correspondence is treated in the same manner. On the other hand, non-public documents that may be compiled in the course of processing an application, such as the application form itself, are not generally available under the Freedom of Information Act.
_________________
.
one of..... We The People

[kate]

BUPERSMAN 3830300

(from SBD)
http://www.swiftvets.com/phpBB2/viewtopic.php?p=100059#100059
Does anyone have info for SECNAVINST 1920.6A in 1978


Here's what I have found regarding BUPERSMAN 3830300

According to the document below BUPERSMAN 3830300 which is listed on Kerry's Discharge was converted to MILPERSMAN 1920-160
http://66.135.39.97/conver.pdf

MILPERSMAN 1920-160
SEPARATION OF NAVAL RESERVE OFFICERS ON INACTIVE DUTY
Responsible Office NAVPERSCOM (PERS-91)
Governing Directive SECNAVINST 1920.6A

1. Policy and Procedures. Policy and procedures pertaining to this subject are contained in detail in the governing directive.
http://66.135.39.97/1920-1.pdf

Now I am looking for SECNAVINST 1920.6A that was in effect in 1978.

I have found a Directive from 1983 but not 1978.
http://66.135.39.97/secnav.pdf

Here is what the 1983 section says in regards to 1163 Dropping from the Rolls

a. Under sections 1161, 1163 and 6408 of reference (a), the President or the Secretary bf the Navy, depending upon the applicable statute, may drop from the rolls of an Armed Force a Regular or Reserve officer who:

(1) has been absent without authority for at least three months, or

(2) has been sentenced to confinement in a Federal or State penitentiary or correctional institution after having been found guilty of an offense by a court other than a court-martial or other military court, and whose sentence has become final.

b. Action to initiate dropping an officer from the rolls shall normally be undertaken by the Chief of Naval Personnel or the Commandant of the Marine Corps, on a case-by-case basis, after a finding that one or both of the above conditions exist, and that the return of the officer to military control for processing for separation for cause under this instruction will serve no useful purpose.

(1) Dropping from the rolls of officers of Regular components or Reserve officers of flag or general rank will be accomplished by action of the President.

(2) Dropping from the rolls of officers of Reserve components, other than officers of flag grade, will be accomplished by action of the Secretary.

c. Neither a hearing nor a Board is required in order to drop an officer from the rolls. However, the officer so considered shall be notified of such prospective adverse action (or reasonable efforts shall be made to provide such notification if actual notification cannot be made) and provided the opportunity to respond within 30 days of receipt of notification. Upon completion of the dropping from the rolls action, notification will be addressed to the officer concerned. No certificate of discharge is issued upon separation by dropping from the rolls since such service is not characterized. For purpose of any Federal benefit based upon characterization of service, dropping from the rolls shall be considered as a discharge under Other Than Honorable conditions. Except for members who are absent without authority, members who are entitled to retired pay may not be dropped from the rolls unless they are ineligible to receive their retired pay under authority of subchapter II, chapter 83, Title 5, United States Code.

9. Special Provisions

a. No officer shall be discharged under Other Than Honorable conditions, pursuant to this instruction, without first being afforded the opportunity to have his or her case heard before a Board of Inquiry.

b. If proceedings by a Board of Inquiry are mandatory in order to release an officer from active duty or discharge, such action will not be taken except upon the approved recommendation of such a board.10.

Limitations
Subject to subparagraph 10c, for a separation because of Substandard an officer who is processed Performance of Duty
(subparagraph 1a of enclosure (3)) or Parenthood (paragraph 6 of enclosure (3)) and who is determined to have established that he or she should be retained on active duty may not again be processed for separation for the same reasons within the one year period beginning on the date of that determination.

b. Subject to subparagraph 10c, an officer who is processed for separation for Misconduct, Moral, or Professional Dereliction (subparagraph 1b of enclosure (3)) or in the
Interest of National Security (subparagraph 1c of enclosure (3)) and who is determined to have established that he or she should be retained on active duty may again be required to show cause for retention at any time.

c. An officer may not again be processed for separation under subparagraphs 10a or b solely because of performance or conduct which was the subject of previous proceedings, unless the findings and recommendations of the board that considered the case are determined to have been obtained by fraud or collusion.

d. Whenever evidence of preservice misconduct is presented to a board, the board may consider it only for the purpose of deciding whether to recommend separation or retention of the respondent. Such evidence shall not be used in determining the recommendation for characterization of service. The board shall affirmatively state in its report that such evidence was considered only for purposes of determining whether it should recommend retention or separation of the officer.

e. Performance or conduct identified more than five years prior to the initiation of processing for separation under paragraph 2 of this enclosure shall not form the basis for processing under this enclosure.



(reply from topdawg41007)
This might help you out. Bupersman are old numbers and must be converted to Milpersman.

http://buperscd.technology.navy.mil/bup_updt/508/milpers/conversionCharts/milpersConvChart.htm

http://buperscd.technology.navy.mil/bup_updt/508/milpers/MilpersmanTOC.htm

http://dont.stanford.edu/regulations/secnav.pdf
_________________
.
one of..... We The People

[kate]

(from SBD)
http://www.swiftvets.com/phpBB2/viewtopic.php?p=150133#150133

Title 32----National Defense; Revised as of July 1, 1981
Subtitle A----Department of Defense
CHAPTER VI----DEPARTMENT OF THE NAVY
SUBCHAPTER C----PERSONNEL
PART 724----NAVAL DISCHARGE REVIEW BOARD
Subpart K----Responsibilities in Support of the Naval Discharge Review Board
§ 724.Appendix E ---- VETERAN'S BENEFITS
32 CFR 724.Appendix E 91 Stat. 1106
Public Law 95--126, Oct. 8, 1977 95th Congress

To deny entitlement to veterans' benefits to certain persons who would otherwise become so entitled solely by virtue of the administrative upgrading under temporarily revised standards of other than honorable discharges from service during the Vietnam era; to require case--by--case review under uniform, historically consistent, generally applicable standards and procedures prior to the award of veterans' benefits to persons administratively discharged under other than honorable
conditions from active military, naval, or air service; and for other purposes.

Be it enacted by the Senate and the House of Representatives of the United States of America in Congress assembled,

That (a) section 3103 of Title 38, United States Code, is amended by ----
(1) inserting "or on the basis of an absence without authority from active duty for a continuous period of at least one hundred and eighty days if such person was discharged under conditions other than honorable unless such person demonstrates to the satisfaction of the Administrator that there are compelling circumstances to warrant such prolonged unauthorized absence." after "deserter," in subsection (a), and by inserting a comma and "notwithstanding any action subsequent to the date of such discharge by a board established pursuant to section 1553 of title 10" before the period at the end of such subsection; and

(2) adding at the end of such section the following new subsection:
"(e)(1) Notwithstanding any other provision of law, (A) no benefits under laws administered by the Veterans' Administration shall be provided, as a result of a change in or new issuance of a discharge under section 1553 of title 10, except upon a case--by--case review by the board of review concerned, subject to review by the Secretary concerned, under such section, of all the evidence and factors in each case under published uniform standards (which shall be historically consistent with criteria for determining honorable service and shall not include any criterion for automatically granting or denying such change or issuance) and procedures generally applicable to all persons administratively discharged or released from active military, naval, or air service under other than honorable conditions: and (B) any such person shall be afforded an opportunity to apply for such review under such section 1553 for a period of time terminating not less than one year after the date on which such uniform standards and procedures are promulgated and published.

"(2) Notwithstanding any other provision of law ---- "(A) no person discharged or released from active military, naval, or air service under other than honorable conditions who has been awarded a general or honorable discharge under revised standards for the review of discharges, (i) as implemented by the President's directive of January 19, 1977, initiating further action with respect to the President's Proclamation 4313 of September 16, 1974, (ii) as implemented on or after April 5, 1977, under the Department of Defense's special discharge review program, or (iii) as implemented subsequent to April 5, 1977, and not made applicable to all persons administratively discharged or released from active military, naval, or air service under other than honorable conditions, shall be entitled to benefits under laws administered by the Veterans' Administration except upon a determination, based on a case--by--case review, under standards (meeting the requirements of paragraph (1) of this subsection) applied by the board of review concerned under section 1553 of title 10, subject to review by the Secretary concerned, that such person would be awarded an upgraded discharge under such standards; and "(B) such determination shall be made by such board, (i) on an expedited basis after notification by the Veterans' Administration to the Secretary concerned that such person has received, is in receipt of, or has applied for such benefits or after a written request is made by such person or such determination, (ii) on its own initiative within one year after the date of enactment of this paragraph in any case where a general or honorable discharge has been awarded on or prior to the date of enactment of this paragraph under revised standards referred to in clause (A) (i), (ii), or (iii) of this paragraph, or (iii) on its own initiative at the time a general or honorable discharge is so awarded in any case where a general or honorable discharge is awarded after such enactment date.

"If such board makes a preliminary determination that such person would not have been awarded an upgraded discharge under standards meeting the requirements of paragraph (1) of this subsection, such person shall be entitled to an appearance before the board, as provided for in section 1553(c) of title 10, prior to a final determination on such question and shall be given written notice by the board of such preliminary determination and of his or her right to such appearance. The Administrator shall, as soon as administratively feasible, notify the appropriate board of review of the receipt of benefits under laws administered by the Veterans' Administration, or the application for such benefits, by any person awarded an upgraded discharge under revised standards referred to in clause (A) (i), (ii), or (iii) of this paragraph with respect to whom a favorable determination has not been made under this paragraph.".
(b)(1) The Secretary of Defense shall fully inform each person awarded a general or honorable discharge under revised standards for the review of discharges referred to in section 3103(e)(2)(A) (i), (ii), or (iii) of title 38, United States Code, as added by subsection (a)(2) of this section, of his or her right to obtain an expedited determination under section 3103(e)(2)(B)(i) of such title and of the implications of the provisions of this Act for each such person.

(2) Notwithstanding any other provision of law, the Secretary of Defense shall inform each persom who applies to a board of review under section 1553 of title 10, United States Code, and who appears to have been discharged under circumstances which might constitute a bar to benefits under section 3103(a) of title 38, United States Code, (A) that such person might possibly be administratively found to be entitled to benefits under laws administered by the Veterans' Administration only through the action of a board for the correction of military records under section 1552 of such title 10 or the action of the Administrator of Veterans' Affairs under section 3103 of such title 38, and (B) of the procedures for making application to such section 1552 board for such purpose and to the Administrator of Veterans' Affairs for such purpose (including the right to proceed concurrently under such sections 3103, 1552 and 1553).

Section 2. Notwithstanding any other provision of law, the Administrator of Veterans' Affairs shall provide the type of health care and related benefits authorized to be provided under chapter 17 of title 38, United States Code, for any disability incurred or aggravated during active military, naval, or air service in line of duty by a person other than a person barred from receiving benefits by section 3103(a) of such title, but shall not provide such health care and related benefits pursuant to this section for any disability incurred or aggravated during a period of service from which such person was discharged by reason of a bad conduct discharge.

Section 3. Paragraph (1 of section 101 of Title 38, United States Code, is amended to read as follows:

"(1 The term 'discharge or release' includes, (A) retirement from the active military, naval, or air service, and (B) the satisfactory completion of the period of active military, naval, or air service for which a person was obligated at the time of entry into such service in the case of a person who, due to enlistment or reenlistment, was not awarded a discharge or release from such period of service at the time of such completion thereof and who, at such time, would otherwise have been eligible for the award of a discharge or release under conditions other than dishonorable."

Section 4. In promulgating, or making any revisions of or amendments to, regulations governing the standards and procedures by which the Veterans' Administration determines whether a person was discharged or released from active military, naval, or air service under conditions other than dishonorable, the Administrator of Veterans' Affairs shall, in keeping with the spirit and intent of this Act, not promulgate any such regulations or revise or amend any such regulations for the purpose of, or having the effect of, (1) providing any unique or special advantage to veterans awarded general or honorable discharges under revised standards for the review of discharges described in section 3103(e)(2)(A) (i), (ii), or (iii) of title 38, United States Code, as added by section 1(a)(2) of this Act, or (2) otherwise making any special distinction between such veterans and other veterans.

Section 5. This Act shall become effective on the date of its enactment, except that ----
(1) section 2 shall become effective on October 1, 1977, or on such enactment date, whichever is later; and (2) the amendments made by section 1(a) shall apply retroactively to deny benefits under laws administered by the Veterans' Administration, except that, notwithstanding any other provision of law. (A) with respect to any person who, on such enactment date is receiving benefits under laws administered by the Veterans' Administration, (i) such benefits shall not be terminated under paragraph (2) of section 3103(e) of title 38, United States Code, as added by section 1(a)(2) of this Act, until, (I) the day on which a final determination not favorable to the person concerned is made on an expedited basis under paragraph (2) of such section 3103(e), (II) the day following the expiration of ninety days after a preliminary determination not favorable to such person is made under such paragraph, or (III) the day following the expiration of one hundred and eighty days after such enactment date, whichever day is the earliest, and (ii) the United States shall not make any claim to recover the value of any benefits provided to such person prior to such earliest day;

(B) with respect to any person awarded a general or honorable discharge under revised standards for the review of discharges referred to in clause (A) (i), (ii), or (iii) of such paragraph who has been provided any such benefits prior to such enactment date, the United States shall not make any claim to recover the value of any benefits so provided; and

(C) the amendments made by clause (1) of section 1(a) shall apply, (i) retroactively only to persons awarded general or honorable discharges under such revised standards and to persons who, prior to the date of enactment of this Act, had not attained general eligibility for such benefits by virtue of (I) a change in or new issuance of a discharge under section 1553 of title 10, United States Code, or (II) any other provision of law, and (ii) prospectively (on and after such enactment date) to all other persons.

SOURCE: 44 FR 76509, Dec. 27, 1979
AUTHORITY: 10 U.S.C. 1553
_________________
.
one of..... We The People

[kate]

(from SBD)
http://www.swiftvets.com/phpBB2/viewtopic.php?p=150338#150338


Title 32----National Defense
Subtitle A----Department of Defense
CHAPTER VI----DEPARTMENT OF THE NAVY SUBCHAPTER C----PERSONNEL
PART 730----ADMINISTRATIVE DISCHARGES AND RELATED MATTERS CONCERNING SEPARATIONS FROM THE NAVAL SERVICE
Subpart B----Marine Corps

§ 730.72 Giving and recording of advice to a respondent, both when the respondent is and when he is not under military control.

32 CFR 730.72
(a) Requirements. Whether or not a respondent is under military control, no administrative discharge under conditions other than honorable, and, in the case of a member with 8 or more years of continuous active duty no administrative discharge by reason of unsuitability, will be effected unless the respondent is tendered the advice prescribed below:

(1) Advice to respondent under military control. In each case where a member on active duty and under military control is recommended for an undesirable discharge, or has 8 or more years of continuous active military service and is recommended for a discharge by reason of unsuitability, or requests a discharge for the good of the service within the purview of § 730.70, the officer empowered to convene an administrative discharge board having jurisdiction over the member will take or cause to be taken the following action:

(i) Notify the member, in writing, of the proposed discharge action and the general and specific bases therefor.

(ii) Advise the member of the purpose and scope of the Navy Discharge Review Board and the Board for Correction of Naval Records. See § 730.50(c)(2).

(iii) Advise the member that he has the following rights, which will, unless he waives such rights in writing, be afforded him: To present to and have his case considered by an administrative discharge board of not less than three officers, at least one of whom will be a field grade officer, and composed in accordance with § 730.73(b); to appear in person before such board, subject to his availability; and to be represented by military counsel, who will be a lawyer within the meaning of article 27(b)(1) of the Uniform Code of Military Justice unless appropriate authority certifies in the permanent record the nonavailability of a lawyer so qualified and sets forth the qualifications of the substituted nonlawyer counsel. Advise the member that if he does not waive a hearing before an administrative discharge board, and upon the hearing of his case before such board, he will be entitled to those rights set forth in § 730.73(c) (2) through (5), (12), (14), (15), (1; (f), and (g). The advice as to the respondent's rights contained in the cited paragraphs of § 730.73 may be given in a summarized form. Further advise the member that before waiving any of these rights, in writing, it would be to his advantage to consult with counsel and that he will be given the opportunity to do so.

(iv) Advise the member who indicates that he wishes to submit a request for discharge for the good of the service, pursuant to § 730.70, that, if such request is accepted, he may receive a discharge under other than honorable conditions without administrative discharge board action, and further advise him of the adverse nature of such discharge and the possible consequences thereof. Before a member is permitted to actually submit a request for discharge for the good of the service, he will be advised that it would be to his advantage to consult with counsel and he will be given the opportunity to do so.

(2) Advice to respondent not under military control. In each case where a member on active duty is recommended for an undesirable discharge, or has 8 or more years of continuous active military service and is recommended for a discharge by reason of unsuitability, and the member is not under military control because of either his continuous established unauthorized absence of more than 1 year, or because of his confinement by civil authorities, the officer empowered to convene an administrative discharge board having jurisdiction over the member will take or cause to be taken the following action: (Where the member is not under military control because of the continuous established unauthorized absence of more than 1 year, the action prescribed by paragraph (a)(2)(ii) of this section will ordinarily be taken or caused to be taken by the Commandant of the Marine Corps. See § 730.54(c)(1).)

(i) Where the member is not under military control and is unable to appear before an administrative discharge board because of his confinement by civil authorities, advise the member, in writing and by registered mail sent to the civil institution where the member is confined:

(a) Of the proposed discharge action and the general and specific bases therefor.

(b) Of the type of discharge certificate that may be issued.

(c) Of the purpose and scope of the Navy Discharge Review Board and the Board for Correction of Naval Records. See § 730.50(c)(2).

(d) Of the fact that administrative discharge action has been suspended to give him the opportunity to exercise the following rights: To request the appointment of a military counsel, who will be a lawyer within the meaning of article 27(b)(1) of the Uniform Code of Military Justice unless appropriate authority certifies in the permanent record the nonavailability of a lawyer so qualified and sets forth the qualifications of the substituted nonlawyer counsel, and to have such counsel represent him, and in his absence, present his case before an administrative discharge board; to submit statements in his own behalf; and to waive the foregoing rights, either in writing, or by the failure to reply to the letter of notification within the prescribed time limit specified therein.

(ii) Subject to the provisions of Title 10, U.S. Code 1163, where the member is not under military control by reason of a continuous established unauthorized absence of more than 1 year, advise the member, in writing and by registered mail sent to the current home of record address of the member, or the current address of his next of kin as reflected in the member's service records, as appropriate:

(a) Of the proposed discharge action and the general and specific bases therefor.

(b) Of the effective date of the proposed discharge action.
(c) Of the type of discharge certificate that may be issued.
(d) Of the purpose and scope of the Navy Discharge Review Board and the Board for Correction of Naval Records. See § 730.50(c)(2).

(3) Recording advice given respondent under military control. In each case where a member on active duty and under military control is recommended for an undesirable discharge, or has 8 or more years of continuous active military service and is recommended for discharge by reason of unsuitability, or requests discharge for the good of the service within the purview of § 730.70, and after the advice prescribed in paragraph (a)(1) of this section has been given and the opportunity to consult with counsel has been afforded, the permanent record will contain either the following, or in lieu thereof, a certification by the officer taking the action prescribed by paragraph (a)(1) of this section that such action has been accomplished:

(i) A copy of the written notification to the member of the general and specific bases for the proposed discharge action
.
(ii) The member's written acknowledgement of the advice given him of the purpose and scope of the Navy Discharge Review Board and the Board for Correction of Naval Records.

(iii) The member's written acknowledgement that he was given and understands the advice prescribed in paragraph (a)(1) (iii) and/or (iv) of this section.

(iv) The member's written waiver of any or all of the rights prescribed in paragraph (a)(1)(iii) of this section, and/or the member's written request for discharge for the good of the service, together with the member's written acknowledgement that he was afforded the opportunity to consult with counsel prior to effecting such waivers and/or request for discharge. The member's written acknowledgement will include the fact that he either chose not to consult with counsel prior to effecting such waivers and/or request for discharge, or, if he did so consult with counsel, the specific identity of the counsel and his legal qualifications.

( > SBD: AND HERE IS WHAT IS IN HIS RECORD THAT HE DOES NOT WANT US TO SEE < )

(4) Recording advice given respondent not under military control. In each case where a member on active duty is recommended for an undesirable discharge, or has 8 or more years of continuous active military duty and is recommended for a discharge by reason of unsuitability, and the member is not under military control because of his continuous established unauthorized absence of more than 1 year, or because of his confinement by civil authorities, and after the advice prescribed in paragraph (a)(2) of this section has been given, the permanent record will contain the following:

(i) A certified copy of the registered letter or letters sent to the member pursuant to paragraph (a)(2) (i) or (ii) of this section, including a certification as to the date any letter was mailed and the address to which it was sent.

(ii) The complete reply or replies of the member and/or his next of kin to the registered letter or letters sent pursuant to paragraph (a)(2) (i) or (ii) of this section, or a certification that no reply from the member and/or his next of kin was received by a specified date.

(iii) Evidence that the registered letter or letters sent pursuant to paragraph (a)(2) (i) or (ii) of this section was delivered, or was not delivered, or was undeliverable.

(iv) The member's written waiver, if any, of any or all of his rights prescribed by paragraph (a)(2) (i)(d) of this section.

(5) Advice to a respondent who is a member of the Marine Corps Reserve on inactive duty.

(i) In each case where a Reservist on inactive duty is recommended for an undesirable discharge, or where such Reservist has 8 or more years of continuous active duty and is recommended for discharge by reason of unsuitability, the officer empowered to convene an administrative discharge board having jurisdiction over the member will take or cause to be taken the following action, in the form prescribed in paragraph (a)(5)(ii) of this section:

(a) Notify the member, in writing, of the proposed discharge action, the general and specific bases therefor, and the type of discharge certificate that may be issued.

(b) Advise the member of the purpose and scope of the Navy Discharge Review Board and the Board for Correction of Naval Records. See § 730.50(c)(2).

(c) Advise the member that if he is reasonably available to appear before an administrative discharge board, he has the following rights, whichf will, unless he waives such rights in writing, be afforded him: To present to and have his case considered by an administrative discharge board of not less than three officers, at least one of whom will be a field grade officer, and composed in accordance with § 730.73

(b); to appear in person before such board, subject to his availability; and to be represented by civilian counsel at no expense to the Government, or to be represented by military counsel, who will be a lawyer within the meaning of article 27(b)(1) of the Uniform Code of Military Justice, unless appropriate authority certifies in the permanent record the nonavailability of a lawyer so qualified and sets forth the qualifications of the substituted nonlawyer counsel.

NOTE: Despite the fact that military counsel who is a lawyer within the meaning of article 27(b)(1), UCMJ, will not normally be on active duty within a reserve unit, the availability of such counsel must, nevertheless, be determined in each case in accordance with the general principles contained in § 730.73(f). Advise the member that if he does not waive a hearing before an administrative discharge board, and upon the hearing of his case before such board, he will be entitled to those rights set forth in § 730.73(c)(2) through (5), (12), (14), (15), (1; (f), and (g). The advice as to the respondent's rights contained in the cited paragraphs of § 730.73 may be given in a summarized form. Further advise the member that before waiving any of these rights, in writing, it would be to his advantage to consult with counsel and that he will be given the opportunity to do so.

(d) Advise the member that if he either fails to reply to the letter of notification and advice within the prescribed time limit specified therein, or if he replies to such letter and does not waive in writing his right to appear in person before an administrative discharge board but, after being notified of the time and place of the meeting of the board, fails to appear, he will be considered to have effectively waived all of his rights before the board and the board will proceed in his absence with the appropriate disposition of his case.

(e) Advise the member that if he does choose to appear in person before an administrative discharge board, such appearance will be at no expense to the Government.

(ii) The giving of the notification and advice required by paragraph (a)(5)(i) of this section will be accomplished by the mailing of a registered letter, containing such notification and advice, addressed to the member concerned at the mailing address which the records of the activity mailing the letter indicate as the most recent one furnished by the member as an address at or from which official mail will be received or forwarded to him. In addition to, or under appropriate circumstances in lieu of, a letter so addressed, a registered letter addressed to the member concerned containing this notification and advice may be directed to any of the following:

(a) The city, town, or community in which the member has last been reported to be residing, or the post office address apparently nearest his last reported place of residence, or

(b) In care of any person whom the member has at any time designated in his service records (i.e., in blocks 16--18 of DD Form 93--1), as a beneficiary or as one to be notified in the event of his serious injury or death, sent to the mailing address which the records of the authority originating the letter indicate as the most recent one furnished by the member concerned for such person, or

(c) In care of any institution in which the member has been reported to be hospitalized or confined. Neither the absence of an indication of delivery, nor the return as undeliverable, of a registered letter addressed as outlined above, will negate the legal efficacy of such letter as the notification and advice required by paragraph (a)(5)(i) of this
section to be given to the member concerned. It is the responsibility of each member of the Marine Corps Reserve to ensure that the records pertaining to him accurately and currently reflect a mailing address at which he can be reached.

(6) Recording advice given to a respondent who is a member of the Marine Corps Reserve on inactive duty. In each case where a Reservist on inactive duty is recommended for an undesirable discharge, or where such Reservist has 8 or more years of continuous active duty and is recommended for discharge by reason of unsuitability, and after the
notification and advice prescribed by paragraph (a)(5) of this section has been given and the opportunity to consult with counsel has been afforded, the permanent record will contain the following:

(i) A certified copy of the registered letter or letters sent to the member pursuant to paragraph (a)(5) of this section, including a certification as to the date each letter was mailed and the address to which it was sent.

(ii) The complete reply or replies of the member and/or others acting on his behalf to any registered letter sent to him pursuant to paragraph (a)(5) of this section, or a certification that no reply from the member and/or others acting on his behalf was received by a specified date.

(iii) Evidence that any registered letter was delivered, or was not delivered or was undeliverable.

(iv) Evidence that a respondent, who did not waive, in writing, his right to appear before an administrative discharge board, after being notified of the time and place of the meeting of the board, failed to appear. In this event, all the known circumstances relating to such nonappearance should be reflected.

(v) The member's written waiver of any or all of his rights prescribed by paragraph (a)(5)(i)(c), together with the member's written acknowledgment that he was afforded the opportunity to consult with counsel prior to effecting such waivers, or a certification reflecting that such opportunity was afforded the member. Certification will be made of the fact that the member chose not to consult with counsel prior to effecting such waivers, or if he did so consult with counsel, the specific identity of the counsel and his legal qualifications.

(b) Member's refusal. Should any member affirmatively refuse to either request or waive his rights, and persist in such refusal, an entry in explanation thereof will be made in the record of the case, and the member's case will be disposed of as if he had requested all of his applicable rights.

SOURCE: 31 FR 16528, Dec. 28, 1966
AUTHORITY: Secs. 280, 1162, 1163, 6291--6298 70A Stat. 14, 89, 391--393, as amended, 76 Stat. 508, 517, sec. 301, 80 Stat. 379; 5 U.S.C. 301, 10 U.S.C. 133, 280, 1162, 1163, 1168, 6291--629
_________________
.
one of..... We The People

[kate]

more on FORD ORDERS (from SBD)
http://www.swiftvets.com/phpBB2/viewtopic.php?p=115505


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

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.
December 31st, 1974
http://www.presidency.ucsb.edu/ws/index.php?pid=4664

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.
January 30th, 1975
http://www.presidency.ucsb.edu/ws/index.php?pid=5271

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.
September 16th, 1975
http://www.presidency.ucsb.edu/ws/index.php?pid=5256

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. January 19th, 1977
http://www.presidency.ucsb.edu/ws/index.php?pid=5576

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
_________________
.
one of..... We The People