Proclamations

Proclamation 3001--Granting amnesty and pardon to certain persons convicted by court-martial of desertion from the armed forces of the United States

Source: The provisions of Proclamation 3001 of Dec. 24, 1952, appear at 17 FR 11833, 3 CFR, 1949-1953 Comp., p. 175, unless otherwise noted.

WHEREAS section 2 of Article II of the Constitution of the United States of America provides that the President "shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment"; and

WHEREAS section 306 of the Nationality Act of 1940 (54 Stat. 1141) provides in part that a person who at any time during which the United States is at war deserts the military or naval forces of the United States shall upon conviction thereof by a court-martial be ineligible to become a citizen of the United States, and that such deserters shall be forever incapable of holding any office of trust or of profit under the United States, or of exercising any rights as citizens thereof; and

WHEREAS section 401(a)(g) of the said Act, as amended by section 1 of the act of January 20, 1944, 58 Stat. 4, provides in part that any person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by deserting the military or naval forces of the United States in time of war, provided that he is convicted thereof by court-martial and as a result of such conviction is dismissed or dishonorably discharged from the service of such military or naval forces; and

WHEREAS section 314 and section 349(a)(8) of the Immigration and Nationality Act (66 Stat. 241, 268) contains substantially the same provisions as those contained in the said sections 306 and 401(a)(g), respectively, of the Nationality Act of 1940, and are expressly applicable to desertion from the air forces, as well as the military and naval forces, of the United States; and

WHEREAS active hostilities in World War II terminated on August 14, 1945, but the last of the states of war existing at that time was not formally and legally terminated until April 28, 1952; and

WHEREAS no active hostilities existed between August 14, 1945, and June 25, 1950, the date of the Korean invasion; and

WHEREAS it appears that it would be in the public interest to grant amnesty and pardon, to the extent hereafter indicated, to all persons who deserted from the armed forces of the United States on or after August 14, 1945, and prior to June 25, 1950, and consequently were, or may hereafter be, convicted by court-martial of desertion committed in time of war, and to all persons who as a result of such conviction were or may hereafter be, dismissed or dishonorably discharged from the armed forces of the United States:

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, under and by virtue of the authority vested in me by section 2 of Article II of the Constitution of the United States of America do hereby grant amnesty and pardon to all persons who have heretofore been, or may hereafter be, convicted by court-martial of desertion from any branch of the armed forces of the United States in time of war committed on or after August 14, 1945, but prior to June 25, 1950, and also to all persons who as a result of such conviction have been, or may hereafter be, dismissed or dishonorably discharged from the armed forces of the United States, to the extent that there shall be, and hereby is, fully remitted as to such persons any relinquishment, loss, or forfeiture of their rights (including the right to become a citizen of the United States), capacities, or nationality, incurred under the provisions of the said sections 306 and 401(a)(g) of the Nationality Act of 1940 and the said sections 314 and 349(a)(8) of the Immigration and Nationality Act as a result of such conviction, or of such conviction and dismissal or dishonorable discharge from the armed forces of the United States.

Nothing in this proclamation shall be construed as removing, or as authorizing the removal of, any charge of desertion which may now be pending on the rolls or records of the United States in the case of any person, or as pardoning, remitting, or mitigating any penalties to which any person is now, or may hereafter become, liable except as hereinbefore specifically provided.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington on this 24th day of December in the year of our Lord nineteen hundred and fifty-two, and of the Independence of the United States of America the one hundred and seventy-seventh.