SSR 78-7: EFFECT OF PRESIDENTIAL PARDON OR CLEMENCY DISCHARGE ON SOCIAL SECURITY BENEFITS

(PPD-8)

SSR 78-7

PURPOSE: To provide information which will be needed to respond to

inquiries concerning the Presidential pardon or a Clemency Discharge for

Vietnam-era draft evaders and military deserters.

CITATIONS: A proclamation issued by President Gerald R. Ford on

September 16, 1974, announcing a "Program for the Return of Vietnam Era

Draft Evaders and Military Deserters."

PERTINENT HISTORY: This program Policy Directive reflects a

Presidential order establishing a Clemency Program to enable citizens who

were convicted of violations of the Military Selective Service Act or the

Uniform Code of Military Justice in the Vietnam era to resume a normal

life within their community and country. The Clemency Discharge which is

issued under the Clemency Program is a neutral discharge, issued neither

under "honorable conditions" nor under "other than honorable conditions."

Such a discharge does not entitle an individual recipient to veterans'

benefits although application therefor is not precluded.

A Presidential pardon indicates all government offices and officials the

President's intent that they do not consider pardoned offenses in deciding

questions involving rights of the pardon recipient, thus removing most

legal disabilities of an offense. It also restores Federal civil rights

which have been lost because of a conviction, for example, the right to

vote and hold Federal office.

Presidential pardon indicates all government offices and officials the

President's intent that they do not consider pardoned offenses in deciding

questions involving rights of the pardon recipient, thus removing most

legal disabilities of an offense. It also restores Federal civil rights

which have been lost because of a conviction, for example, the right to

vote and hold Federal office.

POLICY DIRECTIVE STATEMENT: Since the above provisions relate only

to Vietnam-era offenses, they have no bearing on World War II gratuitous

wage credits on which the character of the discharge has a bearing.

Moreover, the 1972 Social Security Amendments provide that members of the

uniformed service will receive credit for noncontributory deemed military

wages in the amount of $300 per quarter for any calendar quarter after

December 1956 in which they receive basic pay in any amount for active

military service including active duty and active duty for training.

Section 229(a) of the Social Security Act authorizes noncontributory

deemed military wages to be credited, in addition to the amount of basic

pay, for active duty and active duty for training after 1956.

Since the character of the discharge has no bearing on the creditability

of military service under these provisions, entitlement or eligibility to

retirement and survivors insurance, and disability insurance would in no

way be affected by either the Presidential pardon or the Clemency

Discharge. (The creditability of military service does not directly affect

supplemental security income benefits in any event.)