[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR724.112]

[Page 235]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 724_NAVAL DISCHARGE REVIEW BOARD--Table of Contents
 
                          Subpart A_Definitions
 
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 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.