If enacted, the proposal would require a board to review a covered service member’s conduct after a presidential pardon and let the service secretary consider separation.
After a covered service member accepts a presidential pardon or sentence reduction, a board would review the underlying conduct. The service secretary may then approve separation or, for a National Guard member, withdraw federal recognition.
Military departments would notify the Defense Secretary when a member accepts a pardon, when a board meets, and when it recommends action. Congress would receive the board’s findings and the secretary’s decision.
The service secretary may approve a member’s involuntary separation or, for a National Guard member, withdraw federal recognition. The section defines covered services as the Army, Navy, Marine Corps, Air Force, and Space Force. The member must have accepted a presidential pardon or sentence reduction. The decision must follow the board’s recommendation about the conduct behind the pardon or sentence reduction. The service secretary must convene the board within 30 days after the member accepts the pardon or sentence reduction.
Military department secretaries must notify the Defense Secretary, and the Defense Secretary or the Coast Guard’s operating department secretary must report the board’s recommendation to Congress. Reports go to the armed services committees, except that Coast Guard reports go to the House transportation committee and Senate commerce committee when the Coast Guard is not serving as part of the Navy. The congressional report must include the board’s findings and recommendation. If the board recommends separation, the report must say whether the secretary approved it and explain a decision not to approve it. Each notification is due within 30 days of the listed event. The congressional report is due within 30 days after the board makes its recommendation.
No hearings or votes scheduled.