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 firstname.lastname@example.org