MAY I SEEK CLEMENCY OR PAROLE?

If you or a loved one have been convicted at a court martial, you may be able to seek military clemency or parole. Right after trial, your military attorney should have sought military clemency from the convening authority who ordered your court martial. 

However, you may also be able to apply for clemency or military parole from your service Clemency and Parole Board. Eligibility depends upon certain criteria. For example, if you were sentenced to less than a year of confinement, you’ll not likely be eligible. If you were sentenced to at least one year but less than 10 years, you’ll likely be eligible for military parloe after serving nine months of your sentence. To learn more about eligibility for military parole, click here. 

HOW DO I SEEK MILITARY PAROLE?

To “petition” for clemency or military parole, you need to submit a petition to the clemency and parole board for your service. You’re strongly encouraged to seek legal assistance in submitting your petition. Your military records will be important.   

Normally, a board consists of five senior military officers who evaluate requests for military clemency, military parole, reduced penalties, supervised release, or restoration to duty. You’re not normally permitted to appear before a board but the parole boards for the Army and the Navy may allow your family or friends (or your attorney) to appear on your behalf. The boards make recommendations to the Service Secretary for your branch of the service, who all make the final decision.

Along with the packet you (or your attorney) submit, the board generally considers the following:

• Your crime and the circumstances surrounding it;
• Your life circumstances prior to entering service
• The social support you will have upon release;
• Your military record;
• Your conduct in prison, such as whether you have pursued education;
• Rehabilitation (e.g., have you accepted responsibility for your crime and participated in rehabilitation programs while incarcerated);
• Any restitution you’ve paid;
• Relevant psychiatric information;
• Any recommendation from the judge who convicted you;
• Statement by the victim, if any.

If you are granted military parole, you will be released subject to the approval of the U.S. Probation Officer in your home state. During parole, you will be required to comply with conditions of release and can be returned to prison if you violate these conditions.  

SHOULD I HIRE AN EXPERIENCED MILITARY LAWYER FOR MILITARY CLEMENCY OR MILITARY PAROLE?

At King Military Law, we believe in ensuring our clients have all the information they need to make important legal decisions. To that end, we include below contact information and links to  the services’ Clemency and Parole Boards. We encourage you to go to the relevant site and learn as much as you can. This information might enable some to file their own request for clemency without the expense of an attorney, BUT BE CAREFUL! It’s not an easy process. Therefore, we encourage clients to at least speak to an experienced military attorney. At King Military Law, we’re happy to offer a free consultation to help you make decisions. We hope this helps.  Good luck! And please give us a call if you think we can help.

HOW DO I REACH THE MILITARY CLEMENCY AND PAROLE BOARD?

Here are the points of contact for the Boards of Clemency and Parole:

Air Force

U.S. Air Force Clemency and Parole Board
1535 Command Drive EE
Wing 3rd Floor
Andrews AFB, MD 20762
Phone: 240-857-5329
Fax: 240-857-1814

Army

Army Clemency and Parole Board
251 18th Street South, Suite 385
Arlington, VA 22202-3531
Phone: (703) 571-0532 or (703) 571-0538
Fax: (703) 601-0493
http://arba.army.pentagon.mil/Clemency-Parole.cfm

Navy, Marines and Coast Guard

Naval Clemency and Parole Board
720 Kennon St SE, Suite 309
Washington Navy Yard
Washington, DC 20374-5023
E-mail – [email protected]
Phone: (202) 685-6338 or (202)-685-6452
Fax: (202) 685-6629
www.donhq.navy.mil/corb/ncpbmainpage

King Military Law: Decades of Experience in YOUR Corner–When Experience Matters Most