Clemency, Pardon, and Commutation in Military Cases

Relief from a court-martial sentence comes from four separate authorities. The convening authority can act before entry of judgment, but in serious cases may not touch the findings and may reduce the sentence only in narrow circumstances (Article 60a); in other cases it keeps broader power over findings and sentence (Article 60b). The service Secretary can remit or suspend unexecuted parts of a sentence and substitute an administrative discharge for a punitive one (Article 74). Each Secretary may run a parole system (10 U.S.C. § 952). The President can pardon, commute, or reprieve under Article II, and must personally approve any death sentence before it is carried out (Article 57(a)(3)).

The terms

Term	What it does	Source
Pardon	The President's forgiveness; removes unserved parts of the sentence and civil disabilities imposed because of the conviction. "It does not signify innocence", and the conviction and the pardon both remain on the record	DOJ Office of the Pardon Attorney
Commutation	Reduces a sentence being served, but "does not change the fact of conviction, imply innocence, or remove civil disabilities"	DOJ Office of the Pardon Attorney
Reprieve	Named in the Constitution alongside pardons ("Reprieves and Pardons for Offences against the United States")	U.S. Const. art. II, § 2
Remission	Cancels "any part or amount of the unexecuted part of any sentence"	Article 74(a)
Suspension	Holds part of a sentence in abeyance	Articles 60a, 60b, 74(a)
Parole	Release from confinement under a service parole system	10 U.S.C. § 952

The convening authority: two regimes

In the serious cases Article 60a describes (an offense with a maximum over two years, total confinement over six months, a dismissal or punitive discharge, or a listed sex offense), the convening authority “may not act on the findings”. It may suspend confinement over six months, a dismissal, or a punitive discharge only on the military judge’s recommendation in the Statement of Trial Results, and may reduce or commute such a sentence only on trial counsel’s recommendation, for the accused’s substantial assistance in investigating or prosecuting another person (Article 60a(a)-(d)). In all other courts-martial, Article 60b leaves it power to set aside findings and to disapprove, commute, or suspend the sentence. The triggers, exceptions, and timing are set out in the convening authority’s role, and the paperwork in the post-trial review process.

The service Secretary: remission, suspension, and discharge

Remission and suspension. The Secretary concerned, or a designated Under Secretary, Assistant Secretary, Judge Advocate General, or commanding officer, may remit or suspend the unexecuted part of any sentence other than one approved by the President. For life without eligibility for parole adjudged for an offense committed after October 29, 2000, the Secretary may act only personally and only after at least 20 years of confinement (Article 74(a)).
Discharge. “The Secretary concerned may, for good cause, substitute an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a court-martial” (Article 74(b)).
Dismissal of officers. A dismissal may not be executed until approved by the Secretary concerned or a designated Under Secretary or Assistant Secretary, who may commute, remit, or suspend it (Article 57(a)(4)).

Separate boards for correction of military records and discharge review boards have their own limits on changing court-martial results; see discharge upgrades and record correction after court-martial.

Clemency and parole boards

“The Secretary concerned may provide a system of parole for offenders who are confined in military correctional facilities” (10 U.S.C. § 952(a)). If parole is denied to someone serving a life sentence, only the President or the Secretary concerned may grant parole on appeal, and that power may not be delegated (§ 952(b)). Eligibility rules and board procedure belong to the parole system each Secretary provides under § 952(a). Victims have the right to notice of, and to be reasonably heard at, a public proceeding of the service clemency and parole board relating to the offense (Article 6b(a)(2)(E), (a)(4)(C)).

The President

The pardon power. Article II gives the President “Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.” In Ex parte Garland, 71 U.S. 333 (1866), the Supreme Court said the power “is unlimited, with the exception stated. It extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken, or during their pendency, or after conviction and judgment.”

How to apply. Clemency petitions go to the Pardon Attorney “except for petitions relating to military offenses.” A petitioner seeking clemency for a military offense “should submit his or her petition directly to the Secretary of the military department that had original jurisdiction over the court-martial trial and conviction” (28 C.F.R. § 1.1).

Examples from the public record. The Office of the Pardon Attorney lists these grants by President Trump:

Date	Person	Court-martial record as listed
May 6, 2019	Michael Chase Behenna, U.S. Army	Unpremeditated murder; assault; sentenced February 28, 2009
November 15, 2019	Clint A. Lorance, U.S. Army	Attempted murder; murder (two specifications); other offenses; sentenced August 1, 2013
November 15, 2019	Mathew Golsteyn, U.S. Army	"Premeditated murder (charged, not tried or convicted)"

The Golsteyn grant shows that a pardon can come before trial, as Garland allows. In January 2017, President Obama commuted Chelsea Manning’s sentence, which shortened the confinement and left the conviction in place.

Death sentences

“If the sentence of the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended” (Article 57(a)(3)). The requirement is statutory. President George W. Bush approved Ronald Gray’s death sentence in July 2008, and in October 2026 the President approved the execution of Nidal Hasan, which the Army set for December 3, 2026; the history and status are in how the death penalty works in the military justice system.

What relief does and does not do

A pardon does not erase the conviction; the Pardon Attorney states that “both the federal conviction as well as the pardon would both appear on your record.”
A commutation leaves the conviction and its civil disabilities in place.
Parole releases a prisoner under supervision; it does not change the findings.
Changing a punitive discharge to an administrative one is a separate Secretarial power under Article 74(b).

Sources

This article is general information about military law, not legal advice for any individual case.