consideration for eligibility for clemency, for you and your people are in a position to have firsthand knowledge
of the prisoner through daily contact and frequent observation. It is extremely important that personal
prejudices, which we all harbor to some extent, do not enter into your recommendations. Always strive to give
credit where credit is due without regard to race, creed, religion, or your personal feelings of like or dislike for
the prisoner as an individual. Granted, this is often more easily said than done, but when you submit your
recommendations ask yourself two questions: Can I honestly defend this report to the benefit of all concerned?
And, is the report factual and free from personal prejudice?
(3) All prisoners confined in army confinement facilities will be considered for clemency by the
commander exercising general court-martial jurisdiction over the prisoners. The advantages of clemency are
numerous for both the prisoner and the army; for example, if the individual prisoner is returned to honorable
military service, there is the elimination of the costs attendant to feeding, billeting, clothing, training, and
guarding him while he is in confinement in a nonproductive status. Fewer prisoners mean less correctional
personnel costs to the government, less crowding in our facilities, and may well mean that we will have more
time to work more closely with those prisoners who need our assistance. To the prisoner, his self-respect has
been restored and he expands his goals for working towards finding his place in society. The greater proportion
of prisoners in confinement today is there because someone somewhere along the line failed to take the time to
understand the prisoner's problems or to exercise proper leadership. Once this error has been remedied, the
individual can go about his business of living and working with improved attitudes and conduct himself in more
socially acceptable ways. The only real disadvantage of clemency can be that which would accrue to the
individual if he was favorably considered for clemency when he was not deserving of it. In such an eventuality,
the individual may well find himself behind bars again all too soon.
2. Authority. Any commander of a person convicted by a court-martial has the authority to appoint a court of
the same kind that imposed the sentence. Or, any superior military authority may mitigate, remit, or suspend (in
whole or in part) any unexecuted portion of a sentence adjudged by a court-martial other than a sentence
extending to death, dismissal, or affecting a general officer. Recommendations in the latter three instances must
be forwarded through the prescribed channels and acted upon by the Secretary of the Army.
Note: Do not confuse the paragraph above with clemency authority. Clemency authority is invested in
the installation commander of any and all prisoners confined in the facility. The authority for the
convening authority to grant clemency applies only to those prisoners that the convening authority
ordered into confinement.
3. Clemency policies.
a. Installation Clemency Board.
(1) The installation commander will establish, by written orders, a clemency board consisting of a
minimum of three members. The board will recommend to him reductions or remission of the sentences of all
deserving prisoners. The board also carries out its responsibilities to consider restoration to duty for punitive
discharge prisoners who are not as yet transferred to the disciplinary barracks. Membership of a clemency board
is composed of the following:
(a) Selected unit commanders.
(b) An officer from the company of the installation provost marshal. (Normally, the installation
provost marshal and the facility commander.)
(c) Chaplains (normally, the facility chaplain).
83
Previous Page
