Clemency and Parole Boards

The aftermath of a court-martial conviction can be a challenging time for service members and their families. Fortunately, the Uniform Code of Military Justice (UCMJ) offers avenues for seeking relief through clemency and parole boards. This guide explores these options, highlighting the importance of understanding your rights and seeking legal guidance from Military Law Center.

Clemency refers to the authority granted to a higher authority to reduce a punishment imposed by a lower court. In the military justice system, service members convicted by court-martial may petition for clemency, seeking a reduction in their sentence or other forms of leniency.

Requesting Clemency Immediately After Conviction

Following a court-martial conviction, the trial defense counsel can submit a clemency request on the service member’s behalf pursuant to Rule for Courts-Martial (RCM) 1106. This allows for presenting written materials that might influence the convening authority’s decision regarding potential sentence reductions or modifications under RCM 1109 or 1110. It’s important to note that these submissions are not subject to the Military Rules of Evidence.

Clemency and Parole Boards

If the convening authority denies the initial clemency request, service members convicted under the UCMJ can appeal to their respective service’s clemency and parole board. These boards hold the authority to review sentences and recommend clemency to the service secretary.

For instance, the Clemency and Parole Board of the Navy, acting for the Secretary of the Navy, adjudicates clemency and parole matters for Navy and Marine Corps personnel convicted by court-martial. Each military branch publishes specific regulations outlining the application process for clemency. In the case of Marines and Sailors, Department of the Navy Instruction (SECNAVINST) 5815.3K governs clemency applications.

Eligibility for Clemency Review

It’s important to understand that not all service members are eligible for clemency review. Generally, only offenders convicted by special or general courts-martial qualify for initial and subsequent clemency review.

The specific procedures for requesting clemency review vary depending on the service member’s confinement status and branch of service.

• Confined Offenders: For service members in confinement at the time of their clemency review eligibility date, the respective confinement facility commander will determine their clemency review status. Even if a sentence is for 12 months or more but includes a pretrial agreement for confinement of less than 12 months, a mandatory clemency review by the relevant Clemency and Parole Board is still required.
• Non-Confined Offenders: For service members not in confinement at their clemency review eligibility date, the convening authority (CA) determines whether the service member has waived clemency or requested it. If the CA establishes that a mandatory clemency review applies and the service member hasn’t waived the review or has requested it, the CA will initiate the clemency review process.

Military parole allows for the conditional release of service members from confinement before their full sentence is served. The primary objective of parole is to facilitate a smooth and structured reintegration into society as law-abiding citizens. It incentivizes rehabilitation and ensures continued access to treatment programs while maintaining supervisory control for public safety. The decision to grant parole hinges on a thorough assessment of the offender’s potential to successfully reintegrate into society as a responsible and law-abiding citizen.

For Navy and Marine Corps service members seeking parole from the Clemency and Parole Board, applications should be submitted to:

President, Naval Clemency and Parole Board
720 Kennon Street, SE, Room 322
Washington Navy Yard
Washington, DC 20374-5023

A parole application typically includes:

• A written statement requesting release under supervision.
• A clear explanation justifying parole approval.
• A well-defined plan for successful reintegration into society upon parole.

An effective parole plan should encompass:

• A confirmed residence upon release.
• A concrete employment plan.
• Specific details regarding individual and group therapy/counseling programs aligned with the offenses committed. It’s important to remember that service members are responsible for all therapy or counseling costs while on parole. If confined in a military facility, the commanding officer will verify the parole plan, including credentials of professionals involved in any outpatient or inpatient programs.

For a parole request, the offender must provide a statement seeking release under supervision, articulate reasons for approval, and present a proposed plan for successful reintegration into society if granted parole. An adequate parole plan should also include a valid tender of residence, an employment plan, and any individual and group therapy/counseling programs specific to the offenses. While on parole, the offender must bear all costs for therapy or counseling. If confined in a military facility, the commanding officer will verify the parole plan, including professionals’ credentials in outpatient/inpatient programs.

For service members in the Army, Air Force, Space Force, and Coast Guard, schedule a call to discuss your options today.

The military justice system can be complex, and navigating the clemency and parole processes can be daunting.  Military Law Center’s experienced attorneys possess a deep understanding of these procedures and can provide invaluable guidance throughout the process. Here’s how our team can assist you:

• Understanding Your Rights: We will thoroughly explain your rights and options under the UCMJ regarding clemency and parole.
• Case Assessment: We will meticulously evaluate your case, considering all relevant factors that could strengthen your clemency or parole petition.
• Clemency and Parole Application Development: Our attorneys will work closely with you to craft a compelling clemency or parole application that effectively highlights your case’s merits.
• Communication and Advocacy: We will serve as your voice before the relevant clemency and parole board, persuasively presenting your case and advocating for a favorable outcome.

Don’t Face This Alone: Contact Military Law Center Today

Facing a court-martial conviction can be incredibly stressful.  However, the UCMJ offers avenues for seeking relief through clemency and parole boards. Military Law Center is here to help you navigate these processes effectively.  Our dedicated team of legal professionals can provide the support and guidance you need during this challenging time.  Contact us today at (760) 536-9038 or click here to schedule a free consultation.  We understand the complexities of the military justice system and are committed to protecting your rights and advocating for the best possible outcome in your case.

Call Us Today – (760) 536-9038

Remember, you are not alone.  Military Law Center is by your side.