(1) In cases where the sentence to confinement is less than 8 months, prisoners will be considered for
clemency action as soon as practicable. In cases in which the sentence to confinement is 8 months or more, but
less than 2 years, consideration will not be earlier than 4 months or later than 6 months from the date the
sentence to confinement became effective and at least annually thereafter. Cases in which the confinement is 2
years or more, consideration will not be earlier than 6 months nor later than 8 months from the date the sentence
to confinement became effective and at least annually thereafter.
(2) In addition to these criteria, prisoners may be considered for clemency action upon recommendation
for cause at any time prior to completion of the sentence.
c. Temporary Home Parole.
Temporary home parole differs from clemency in that it does not provide for an early release of the
prisoner from confinement. A prisoner on temporary home parole still retains his prisoner status. Temporary
home parole is comparable to emergency leave. It is granted under the following conditions:
(1) For emergency reasons, but normally only in the case of critical illness or death of an immediate
relative (for example, wife, child, parents, brother, sisters, and persons in loco parentis).
(2) The existence of emergency conditions or circumstances that require the prisoner's presence on
temporary home parole. The emergency must be verified by the American Red Cross.
(3) The parole must be consistent with custodial requirements and public safety; for example, the
prisoner must not be confined as a result of a serious or aggravated offense.
(4) The parole is granted with or without a guard, as recommended by the facility commander and as
approved by the installation commander.
(5) The expenses for travel and subsistence will be furnished by the prisoner, except that expenses for
any accompanying guard will be borne by the government.
(6) The temporary parole will be limited to the minimum number of days considered necessary, usually
not exceeding 1 week exclusive of travel time.
(7) Even though the prisoner may qualify under all of the above stated conditions, the facility
commander may deny temporary home parole if it is believed that the parole action would be detrimental to the
correctional program. Normally the facility commander will act favorably upon Red Cross verified parole
situations, but there is no requirement that he must do so. Temporary home parole is a privilege, not a right of
the prisoner.
d. Restoration.
(1) To preclude the use of the word clemency and restoration in the same sense, a brief explanation is
necessary. Restoration is the act of administratively canceling a punitive discharge that has been awarded by a
court-martial. This act effectively restores, or returns, the Soldier to honorable service. The authority to restore
is vested in the Secretary of the Army and is not delegated below that level.
(2) DA policy is to restore prisoners to duty who are deemed physically, mentally, and morally
qualified to again become useful members of the army. A prisoner's suitability for restoration is determined
after a most careful review of his potential for future honorable and useful service. His civilian, military, and
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