Granting Pardon for Certain Violations of Article 125 Under the Uniform Code of Military Justice, 54329-54330 [2024-14584]

Agencies

• Executive Office of the President

[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.

                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;

(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]]

                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