Granting Pardon for Certain Violations of Article 125 Under the Uniform Code of Military Justice

[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]

[Presidential Documents]

[Pages 54329-54330]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2024-14584]

Presidential Documents

Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 54329]]

Proclamation 10780 of June 26, 2024

Granting Pardon for Certain Violations of Article

125 Under the Uniform Code of Military Justice

By the President of the United States of America

A Proclamation

Our Nation has made tremendous progress in advancing

the cause of equality for LGBTQI+ Americans, including

in the military. Despite their courage and great

sacrifice, thousands of LGBTQI+ service members were

forced out of the military because of their sexual

orientation or gender identity. Many of these patriotic

Americans were subject to a court-martial. While my

Administration has taken meaningful action to remedy

these problems, the impact of that historical injustice

remains. As Commander in Chief, I am committed to

maintaining the finest fighting force in the world.

That means making sure that every member of our

military feels safe and respected.

e my

Administration has taken meaningful action to remedy

these problems, the impact of that historical injustice

remains. As Commander in Chief, I am committed to

maintaining the finest fighting force in the world.

That means making sure that every member of our

military feels safe and respected.

Accordingly, acting pursuant to the grant of authority

in Article II, Section 2, of the Constitution of the

United States, I, Joseph R. Biden Jr., do hereby grant

a full, complete, and unconditional pardon to persons

convicted of unaggravated offenses based on consensual,

private conduct with persons age 18 and older under

former Article 125 of the Uniform Code of Military

Justice (UCMJ), as previously codified at 10 U.S.C.

925, as well as attempts, conspiracies, and

solicitations to commit such acts under Articles 80,

81, and 82, UCMJ, 10 U.S.C. 880, 881, 882. This

proclamation applies to convictions during the period

from Article 125's effective date of May 31, 1951,

through the December 26, 2013, enactment of section

1707 of the National Defense Authorization Act for

Fiscal Year 2014 (Public Law 113-66).

The purpose of this proclamation is to pardon only

offenses based on consensual, private conduct between

individuals 18 and older that do not involve any

aggravating factor, including:

(1) conduct that would violate 10 U.S.C. 893a, prohibiting activities with

military recruits or trainees by a person in a position of special trust;

(2) conduct that was committed with an individual who was coerced or,

because of status, might not have felt able to refuse consent;

individuals 18 and older that do not involve any

aggravating factor, including:

(1) conduct that would violate 10 U.S.C. 893a, prohibiting activities with

military recruits or trainees by a person in a position of special trust;

(2) conduct that was committed with an individual who was coerced or,

because of status, might not have felt able to refuse consent;

(3) conduct on the part of the applicant constituting fraternization under

Article 134 of the UCMJ;

(4) conduct committed with the spouse of another military member; or

(5) any factors other than those listed above that were identified by the

United States Court of Appeals for the Armed Forces in United States v.

Marcum as being outside the scope of Lawrence v. Texas as applied in the

military context, 60 M.J. 198, 207-08 (2004).

The Military Departments (Army, Navy, or Air Force), or

in the case of the Coast Guard, the Department of

Homeland Security, in conjunction with the Department

of Justice, shall provide information about and

publicize application procedures for certificates of

pardon. An applicant for a certificate of pardon under

this proclamation is to submit an application to the

Military Department (Army, Navy, or Air Force) that

conducted the court-martial or, in the case of a Coast

Guard court-martial, to the Department of Homeland

Security. If the relevant Department determines that

the applicant satisfies the criteria under this

proclamation, following a review of relevant military

[[Page 54330]]

rtment (Army, Navy, or Air Force) that

conducted the court-martial or, in the case of a Coast

Guard court-martial, to the Department of Homeland

Security. If the relevant Department determines that

the applicant satisfies the criteria under this

proclamation, following a review of relevant military

[[Page 54330]]

justice records, the Department shall submit that

determination to the Attorney General, acting through

the Pardon Attorney, who shall then issue a certificate

of pardon along with information on the process to

apply for an upgrade of military discharge. My

Administration strongly encourages veterans who receive

a certificate of pardon to apply for an upgrade of

military discharge.

Although the pardon under this proclamation applies

only to the convictions described above, there are

other LGBTQI+ individuals who served our Nation and

were convicted of other crimes because of their sexual

orientation or gender identity. It is the policy of my

Administration to expeditiously consider and to make

final pardon determinations with respect to such

individuals.

IN WITNESS WHEREOF, I have hereunto set my hand this

twenty-sixth day of June, in the year of our Lord two

thousand twenty-four, and of the Independence of the

United States of America the two hundred and forty-

eighth.

(Presidential Sig.)

[FR Doc. 2024-14584

Filed 6-28-24; 8:45 am]

Billing code 3395-F4-P