The Constitution grants the President of the United States the power to grant clemency or pardon individuals convicted of federal offenses, including military service members. The White House recently announced that President Biden will grant clemency to a record number of Americans. Earlier this year, President Biden pardoned military service members who were convicted under Article 125, UCMJ.
MJA is a veteran owned and operated law firm specializing in the representation of active-duty service members and veterans. If you are a veteran who was convicted at court-martial and want more information about requesting a presidential pardon, please contact MJA today for more information.
Presidential Pardon for Article 125, UCMJ, Convictions
On June 25, 2024, President Joe Biden issued a Presidential proclamation that gave full and unconditional pardons to military service members and veterans who had been court-martialed and convicted under Article 125 of the Uniform Code of Military Justice (UCMJ) for sexual acts with consenting adults. The pardon also extended to service members convicted of “attempts, conspiracies, and solicitation to commit” such acts.
Under the “Don’t Ask, Don’t Tell” era of the U.S. Armed Forces, Article 125 included statutes that criminalized sodomy, including consensual acts of intimacy. For many, Article 125 felt like it was broadly and intentionally discriminatory against LGBTQI+ military service members because it criminalized acts that were entirely legal outside of the military. In 2013, it was repealed, but the damage was already done to countless military service members who had put their lives on the line to defend the freedom of Americans everywhere.
With President Biden’s proclamation, any service member convicted of violating former Article 125 based on conduct involving sexual acts with consenting adults has received a “full, complete, and unconditional” pardon (with limited exceptions that mostly involve other co-occurring UCMJ violations). The proclamation applies to all qualifying convictions that occurred between May 31, 1951, and December 26, 2013.
What are the Benefits of Receiving This Pardon?
By receiving a Presidential pardon, any negative consequence of court-martial and conviction will generally be removed, such as limitations imposed on:
- Military benefits
- Voting rights
- Ability to run for public office
- Earning and holding certain licenses
- Employment opportunities
- Much more
Importantly, the pardon does not expunge the court-martial conviction, so both would still appear on a pardoned military service member’s record. Also, the pardon does not automatically upgrade a pardoned military service member’s discharge status, nor does it qualify them for an automatic reconsideration of discharge status.
Can You Get a Certificate of Pardon?
President Biden’s pardon for convictions under Article 125 UCMJ may be broadly useful, but it still requires you to take steps to benefit from the pardon. You will have to apply for a certificate of pardon by using an Application for Pardon Following Completion of Sentence. To make certain you know how to obtain and fill out this application, start by talking with an attorney from Military Justice Attorneys, offering counsel to military service members and veterans from all branches and living anywhere in the world.
You can count on us for guidance throughout your Article 125 pardon application process, so you don’t have to worry about missing any important steps. We can also talk to you about possibly filing to have your discharge reviewed and upgraded.
Contact MJA Today
MJA is committed to ensuring that service members who were convicted under Article 125, UCMJ, get the relief they are entitled to. If you have any questions about the Article 125 UCMJ pardon proclamation given by President Joe Biden, including how to gain the benefits of the pardon, please call (843) 773-5501 to connect with Military Justice Attorneys today. Initial case consultations with our attorneys are FREE for military service members and their families.