[Title 32 CFR 724.112]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Subtitle A - Department of Defense (Continued)]
[Chapter Vi - DEPARTMENT OF THE NAVY]
[Subchapter C - PERSONNEL]
[Part 724 - NAVAL DISCHARGE REVIEW BOARD]
[Subpart A - Definitions]
[Sec. 724.112 - Clemency discharge.]
[From the U.S. Government Printing Office]


32NATIONAL DEFENSE52002-07-012002-07-01false724.112Sec. 724.112NATIONAL DEFENSEDepartment of Defense (Continued)DEPARTMENT OF THE NAVYPERSONNELNAVAL DISCHARGE REVIEW BOARDDefinitions
Sec. 724.112  Clemency discharge.

    (a) The clemency discharge was created by the President on September 
16, 1974, in his Proclamation 4313, ``Announcing a Program for the 
Return of Vietnam Era Draft Evaders and Military Deserters.'' Upon 
issuance to individuals who have an undesirable discharge or a punitive 
discharge, a clemency discharge serves as a written testimonial to the 
fact that the individual has satisfied the requirements of the 
President's program, and has fully earned his/her return to the 
mainstream of American society in accordance with that program.
    (b) The clemency discharge is a neutral discharge, neither honorable 
nor less than honorable. It does not effect a change in the 
characterization of the

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individual's military service as havng been under other than honorable 
condition, nor does it serves to change, seal, erase or in any way 
modify the individual's past military record. Therefore, if the 
underlying discharge was issued as a result of a general court-martial, 
the issuance of a Clemency Discharge does not subject the underlying 
characterization to review under 10 U.S.C. 1553. Clemency discharges are 
issued by the Commander, Naval Military Personnel Command or the 
Commandant of the Marine Corps when an individual has met the 
requirements of the Presidential Proclamation.