Clemency Parole Pardons & Correction Of Military Records

Clemency. Clemency is an action by either the court-martial convening authority or a

Clemency and Parole Board which may result in the mitigation, remission, or suspension
of the whole or any part of an individual's court-martial sentence. To receive clemency
from the convening authority, the accused may submit a request for clemency after the
sentence is announced but before the convening authority takes final action. Pursuant to
the Uniform Code of Military Justice, Service Secretaries may also grant clemency on
unexecuted portions of a court-martial sentence. Primarily the Service’s Clemency and
Parole Boards exercise these clemency powers. Each board consists of five senior
officers and provides recommendations and advice to the respective Service Secretary.
Automatic clemency review is available to an accused depending on the length of
confinement awarded and the branch of service. Clemency review can be waived.

Parole. Parole is the conditional release of an accused from confinement. The

servicemember’s Service regulations should be reviewed to determine eligibility criteria.
The eligible applicant must submit a parole plan to the appropriate Service’s Clemency
and Parole Board. The parole plan must provide at a minimum a residence requirement, a
requirement that the prisoner have either guaranteed employment, an offer of effective
assistance to obtain employment, or acceptance in a bona fide educational or vocational
program. Military prisoners transferred to the Federal Bureau of Prisons to serve their
sentence are paroled at the discretion of the Federal Bureau of Prisons. The U. S.
Probation office supervises all parolees.

In general, the Clemency and Parole Board looks at the following factors: the
nature and circumstances of the crime; the military and civilian background of the
offender; a substantial post-conviction educational or rehabilitative effort; post trial
progress reports; recommendations of the military judge and legal officer; psychiatric
evaluations; any statement by the victim; and, any restitution made to the victim.

Pardon. An individual may also petition for the highest form of clemency, a Presidential
Pardon. Under Article II, Clause 1 of the Constitution, the President has the power to
grant pardons for federal offenders. The pardon signifies forgiveness of an offense.
However, a pardon will not change the nature of a discharge or expunge a record of
conviction. Requests for pardons are handled through the Office of the Pardon Attorney,
U. S. Department of Justice.

Correction of Military Records. Once an accused has exhausted all other possible
remedies, another method for an accused to either modify or reduce a sentence may be by
petition to the Board for the Correction of Military Records. Each Service has
established a Board for the Correction of Service Records in order to correct military
records, where such action is necessary or appropriate to correct an error or an injustice.
These civilian boards are established pursuant to the statutory provisions of 10 U.S.C. §
1552. These boards cannot set aside a court-martial conviction, but may reduce or
modify a sentence as a matter of clemency, even if the sentence has already been
executed.
If you have any questions about court martials, then you should contact an experienced
court martial attorney and military criminal martial lawyer.