confinement records, as well as his attitudes and actions, are all considered in determining suitability for
restoration to duty.
(3) Restoration applies only to those prisoners with punitive discharges adjudged or executed. The
basic considerations stated for clemency also apply to restoration; however, a much greater degree of scrutiny is
given to a recommendation pertaining to such cases.
e. Executive Clemency.
The President of the United States is constitutionally vested, in accordance with Article II, Section 2, . . .
to grant reprieves and pardons for offenses against the United States, except in cases of impeachment. As the
President is also Commander in Chief of the Armed Forces, it is clear that he could intervene and grant a pardon
(a form of clemency) in a court-martial case. Although this extraordinary authority exists, there is only the
remotest possibility that the Executive Branch would choose to exercise it in a military case. In practical terms,
executive clemency is a theoretical proposition of constitutional law. The Secretary of the Army would move to
restore an individual if the facts of the case warranted before a Presidential pardon would be granted.
4. General Release Procedures.
a. The release of a prisoner from the confinement facility entails certain administrative functions that must
be performed prior to the actual release. From the day a prisoner is confined and processed into the army
confinement facility, the facility staff and various installation staff agencies associated with the facility actually
begin preparing the prisoner for his eventual transfer or release. The entire program for processing, custody,
control, and treatment serves this same end--transfer or release--which, therefore, becomes an important part
of the whole correctional program.
b. A prisoner placed in confinement will remain in such confinement until released by proper authority.
The proper authority who can release a prisoner from confinement is the installation commander under whose
command the confinement facility is subject. Once a prisoner is placed in confinement, he passes beyond the
control of the officer who initially ordered him confined unless that officer is the installation commander
described above. The installation commander appoints the confinement facility officer as an assistant adjutant
general and delegates to him the authority to release prisoners when the following release situations occur:
(1) Expiration of Sentence. When a prisoner has completed his sentence as computed in accordance
with army regulations, he has the legal right to be released on that date. All prisoners will be released at the
expiration of their sentences. They may, however, be retained under military jurisdiction without their consent,
following completion of confinement, to answer additional charges pending against them or to await final action
on that portion of the sentence adjudging punitive discharge. In addition, sentenced prisoners whose sentences
include discharge or dismissal may be retained under military jurisdiction with their consent, following
completion of confinement, in order to obtain medical attention for illness or injury that occurred while on duty.
(a) Mitigation, Suspension, or Remission of Sentence. When the prisoner's confinement sentence is
ended by one of these situations, he is entitled by law, to be released from confinement on the date approved for
such action by the subsequent court-martial order.
(b) Acquittal. If a court-martial has rendered a decision of not guilty on a prisoner who has been
held in confinement during the trial, the prisoner will be released on the date the acquittal was announced in
open court.
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