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

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_78_7

## Section

- **Citation:** SSR 78-7
- **Heading:** SSR 78-7: EFFECT OF PRESIDENTIAL PARDON OR CLEMENCY DISCHARGE ON SOCIAL SECURITY BENEFITS
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Suspension of Benefits of Aliens Who Are Outside the United States › Residency Requirements for Dependents and Survivors / SSR 78-7

## Text

(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.)

## Nearby sections

- [SSR 73-16 SSR 73-16: Rescinded 1984](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_73_16.md)
- [SSR 74-13 SSR 74-13: Rescinded 1984](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_74_13.md)
- [SSR 74-19 SSR 74-19: SECTIONS 202(t)(1), 202(t)(2), and 202(t)(3) (42 U.S.C. 402(t)(1)(3)). -- NONPAYMENT OF BENEFITS -- ALIEN BENEFICIARIES OUTSIDE THE UNITED STATES -- TRUST TERRITORY OF THE PACIFIC ISLANDS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_74_19.md)
- [SSR 75-17 SSR 75-17: Rescinded 1977](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_75_17.md)
- [SSR 77-15 SSR 77-15: Rescinded 1978](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_77_15.md)
- [SSR 78-7 SSR 78-7: EFFECT OF PRESIDENTIAL PARDON OR CLEMENCY DISCHARGE ON SOCIAL SECURITY BENEFITS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_78_7.md)
- [SSR 78-12 SSR 78-12: Rescinded 1981](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_78_12.md)
- [SSR 83-8 SSR 83-8: TITLE II: ALIEN NONPAYMENT PROVISIONS -- EXCEPTION BASED ON CITIZENSHIP IN FOREIGN COUNTRY WITH A SOCIAL INSURANCE SYSTEM](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_83_8.md)
- [SSR 88-4 SSR 88-4: POLICY INTERPRETATION RULING Title II: Administrative Actions that are not Initial Determinations](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_88_4.md)
- [SSR 89-12 SSR 89-12: SECTION 202(t) NONPAYMENT OF BENEFITS -- ALIEN BENEFICIARIES OUTSIDE THE UNITED STATES; RESIDENCY REQUIREMENTS FOR DEPENDENTS AND SURVIVORS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_89_12.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_78_7. Check the current official text before relying on it. Not legal advice.