Military Clemency and Parole Cases

military clemency

We have represented members of all services in the clemency and parole process. All services have a Clemency and Parole Board.

The Service Clemency & Parole Board can reduce the sentence to confinement or place you on parole. Note that if you get to your minimum release date (MRD) and have good time, your release will be under the Mandatory Supervised Release Program.  Clemency is a reduction in your sentence.  Parole is release to a Federal Parole Officer. MSRP is a what I call “parole light.”  Challenges to the MSRP have been denied by both military and civilian courts. United States v. Pena, 64 M.J. 259 (2007); Banks v. United States, CASE NO. 09-3086-RDR (D.C. Kan. 25 November 2013).

Military Clemency and Parole is different than state or federal parole.  In general, a service member sentenced to confinement is eligible for consideration for clemency after serving one year of their sentence, and parole after serving one third of their sentence.  Service members sentenced to 30 or more years are eligible for parole at the ten-year mark.  Service members who did not get a punitive discharge are not eligible for parole but are eligible for clemency.  However, every service has its own rules and regulations. That is why you need an attorney experienced in military clemency and parole.

What the Boards consider

The Clemency and Parole Boards presume the service member is guilty. They will not relitigate the case. But they do look at matters in mitigation.  One of the things they consider is “acceptance of responsibility.”  This can be problematic when a service member’s case is still on appeal. That’s why you need a lawyer with experience in both courts-martial appeals and military clemency and parole.

Another thing they consider is family support, job opportunities, schooling, etc.  For a service member on the sex-offender registry (SOR) this too can be difficult.

How to prepare

In many ways the clemency and parole process can be more important than your court-martial appeal. You and your loved one need to treat it that way.  It is not a DIY project.  I have represented clients before the Army Clemency and Parole Board, the Air Force Clemency and Parole Board and the Navy-Marine Corps Clemency and Parole Board.

To speak to an experienced military clemency and parole lawyer, call us at 706-860-5769 or e-mail bill@courtmartial.com

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  • Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

William E. Cassara- Military Law Attorney

Recent Accomplishments

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CAAF Reverses Army Court on Hearsay Ruling

By William Cassara | April 30, 2021

In June 2020, the Army Court of Criminal Appeals issued an opinion in United States v. Henry affirming the military judge’s decision to exclude four hearsay statements made by the alleged victim and her son. We discussed that opinion here. The government appealed the Army Court decision to the Court […]

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William E. Cassara, Military Law Attorney

Army Court Reverses Conviction – ACCA Opinion U.S. v. Hannah

By William Cassara | April 24, 2021

We are thrilled to report that the Army Court of Criminal Appeals set aside and dismissed our client’s convictions for two specifications of sexual assault.  We argued that the military judge improperly created the appearance of bias in favor of the government because of her inappropriate conduct toward our client’s […]

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Court of Appeals Clarifies Law on Aiding and Abetting

By William Cassara | March 26, 2021

The Court of Appeals for the Armed Forces recently released its opinion in United States v. Simpson. Gunnery Sergeant (GySgt) Simpson had communicated with a woman, MB, whom he encouraged to take pictures and videos of another individual while in various states of undress without that individual’s consent. MB had […]

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