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Presidential Pardon for Certain Military Convictions Under Former Article 125

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

June 26, 2024

military justice LGBTQI+ rights presidential pardon veterans affairs UCMJ

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The Frame

What this does

This action provides a path for veterans previously convicted for consensual same-sex conduct to receive a pardon and potentially upgrade their military discharge status.

Who is mentioned in the record

Potentially affected actors named in the source documents. Mention is not a position.

LGBTQI+ Veterans

Individuals convicted under former Article 125 may now apply for a pardon and a potential discharge upgrade.

Military Departments

The Army, Navy, Air Force, and Department of Homeland Security are required to process pardon applications and review military justice records.

What changed

Last recorded activity June 26, 2024.

What's next

Next step not available in the current record.

Summary

President Biden issued a proclamation granting a full, unconditional pardon to military service members convicted under former of the Uniform Code of Military Justice for consensual, private conduct. The pardon applies to convictions occurring between May 31, 1951, and December 26, 2013, provided the conduct did not involve aggravating factors.

Frequently Asked Questions

Am I eligible for this pardon?

You may be eligible if you were convicted under former for consensual, private conduct between May 31, 1951, and December 26, 2013, and your case did not involve aggravating factors like coercion or .

How do I apply for a certificate of pardon?

You must submit an application to the Military Department (Army, Navy, or Air Force) that conducted your , or to the Department of Homeland Security for Coast Guard cases.

Does this pardon automatically upgrade my discharge status?

No, but the Administration encourages veterans who receive a certificate of pardon to apply for a discharge upgrade through the appropriate military channels.

Key Facts

The pardon covers convictions for consensual, private conduct under former Article 125 (10 U.S.C. 925) and related articles 80, 81, and 82.
Eligible convictions must have occurred between May 31, 1951, and December 26, 2013.
The pardon excludes cases involving aggravating factors such as fraternization, coercion, or conduct with military recruits.
Veterans receiving a pardon are encouraged to apply for an upgrade to their military discharge status.
Applicants must submit requests to the specific Military Department that conducted their court-martial.

Why It Matters

This action provides a path for veterans previously convicted for consensual same-sex conduct to receive a pardon and potentially upgrade their military discharge status.

News Coverage

Lean Left1

Lean Right1

2 sources

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Bias ratings based on AllSides / Media Bias/Fact Check

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Discoveries

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift90% confidence

Formalization of Historical Redress

The proclamation explicitly links the pardon to a broader policy of addressing historical injustices against LGBTQI+ service members, signaling a shift toward administrative remediation.

Joseph R. Biden Jr.