(a) Immediate contact with survivors will not always be possible in case of deaths of retired personnel because of the delay in receipt of information as to death. However, when an installation commander receives information from a member of the family or through command channels that a retired person has died, survivor assistance will be offered the family.

(b) When the survivors reside in close proximity to an Army installation an assistance officer will contact the family by personal visit. The commanding general of the area may, if the location of survivors is such that a personal visit by an officer is not feasible or practical for other cogent reasons, contact the survivor by letter. The letter will extend condolences and advise the family of the availability of the survivor assistance officer.

(c) Precautionary measures will be taken to insure that the next of kin and dependents of retired personnel are advised only to the extent that applications for benefits should be filed, and under no circumstances should dollar amounts be quoted. This precautionary measure is necessary, particularly as far as any monthly benefit payable by the Veterans Administration is concerned, as eligibility to benefits is determined solely by that agency. Also, Social Security benefits are dependent upon the "Average Monthly Wage" of the retired person, in addition to other requirements such as length of employment. These and other facts drastically affect the payment of benefits.

[24 F.R. 4167, May 23, 1959]

Prior Amendments

1956: 21 F.R. 8239, Oct 27.

§ 511.12 Missing personnel.

Assistance to the next of kin and dependents of "missing" personnel will differ considerably from that furnished the survivors of deceased personnel. Generally, such assistance will be limited to a genuine concern for their welfare, emergency financial assistance, legal assistance, initiation of new or adjustment of existing allotments, travel of dependents and movement of household goods (if the missing status continues for a period of 30 days) and counseling concerning the continuance of service privileges (medical care, commissary,

post exchange and attendance at military motion picture theaters). [24 F.R. 4167, May 23, 1959]

Part 512-Prisoners [Revised]

Sec. 512.1

Clemency.

512.2 Correspondence and visits. 512.3 Temporary parole.

AUTHORITY: §§ 512.1 to 512.3 issued under sec. 3661, 70A Stat. 208; 10 U. S. C. 3661. Interpret or apply secs. 3662, 3663, 70A Stat. 209; 10 U. S. C. 3662, 3663.

SOURCE: §§ 512.1 to 512.3 appear at 21 F. R. 3403, May 23, 1956, except as otherwise noted. Prior Amendments

1956: 21 F. R. 1068, Feb. 16.

§ 512.1 Clemency-(a) General. The regulations of this section establish uniform policies for the mitigation, remission and suspension of sentences of Army prisoners. For further information, see Manual for Courts-Martial 1951 (E. O. 10214, Feb. 8, 1951, 3 CFR, 1951 Supp.), paragraph 97.

(b) Authority to mitigate, remit, and suspend sentences. (1) Subject to subparagraph (2) of this paragraph, any commanding officer of a sentenced or unsentenced prisoner who has the authority to appoint a court of the kind that imposed the sentence, or any superior military authority, may mitigate, remit, or suspend, in whole or in part, any unexecuted portion of a sentence (including all uncollected forfeitures) adjudged by a court-martial, other than a sentence extending to death or dismissal or affecting a general officer. At any time prior to completion of appellate review, The Judge Advocate General may mitigate, remit, or suspend, in whole or in part, any unexecuted portion of a sentence other than a sentence extending to death or dismissal or affecting a general officer (including all uncollected forfeitures) adjudged by a court-martial.

(2) The authority to mitigate, remit, or suspend any unexecuted portion of the sentence of a prisoner confined in a United States disciplinary barracks or in an institution under the control of the Attorney General, whether or not the sentence has been ordered executed, may be exercised only by the Secretary of the Army, except that:

(i) The officer who convened the court or the supervisory authority shall not be limited in the exercise of their clemency

authority at the time of initial action on the findings and sentence of the court-martial pursuant to the Uniform Code of Military Justice.

(ii) Any commanding officer, as defined in subparagraph (1) of this paragraph, may suspend the execution of a punitive discharge until release from confinement or until completion of appellate review, whichever is the later date, with a provision for automatic remission, unless the suspension is sooner vacated.

(iii) The Judge Advocate General may mitigate, remit, or suspend as provided in subparagraph (1) of this paragraph.

(3) As an exception to Article 74(a), Uniform Code of Military Justice, the President has delegated to the Secretary of the Army the authority as to persons convicted by military tribunals under jurisdiction of the Department of the Army to remit or suspend any part or amount of the unexecuted portion of any sentence extending to death which, as approved by the President, has been commuted to a lesser punishment (Executive Order 10498, November 4, 1953, 18 F.R. 7003).

(4) Under the provisions of Article 74(b), Uniform Code of Military Justice, only the Secretary of the Army may authorize, for good cause, substitution of an administrative form of discharge for a discharge or dismissal executed in accordance with the sentence of a courtmartial.

(c) Policy. (1) So far as may be consistent with the maintenance of military discipline and the preservation of good order, commanders will exercise their authority to mitigate, remit, or suspend unexecuted portions of court-martial sentences when they deem that such action is merited and will result in restoration to duty or otherwise contribute to the rehabilitation of the prisoner. A prisoner's civilian, military, and confinement record will be considered in determining his suitability for clemency. Upon completion of appellate review of a general court-martial case involving a punitive discharge and prior to ordering the sentence to discharge into execution, a general court-martial authority will evaluate the entire record of the accused. If it appears that his restoration to duty is warranted, either immediately or by the time the sentence to confinement is completed, the punitive discharge will

be suspended with a provision for automatic remission, or it will be remitted.

(2) As a matter of policy, any forfeiture imposed on an enlisted person that exceeds forfeitures of two thirds of pay per month for 6 months should be remitted by the convening authority unless the sentence includes, and the convening authority approves, a bad conduct discharge or dishonorable discharge or confinement unsuspended for the period of such forfeitures.

[Paragraphs (b) and (c) amended, 24 F.R. 9286, Nov. 17, 1959]

Prior Amendments

1958: 23 F.R. 841, Feb. 8.

(d) Responsibility for required clemency consideration. Each prisoner will be considered for clemency in accordance with paragraph (e) of this section, by the authorities designated as follows:

(1) Guardhouses and stockades. Prisoners confined in the foregoing facilities will be considered for clemency by the commander exercising general court-martial jurisdiction over the prisoners.

(2) Hospitals. Prisoners in hospitals who are carried on the rolls of disciplinary barracks will be considered for clemency in accordance with subparagraph (3) of this paragraph. All other prisoners in hospitals, including those prisoners who are designated for confinement in a disciplinary barracks or Federal institution but who are hospitalized prior to arrival at such institutions, except for persons to whom paragraph (b) (2) of this section applies, will be given clemency consideration by the commander exercising general court-martial jurisdiction over the prisoners.

(3) Disciplinary barracks and Federal institutions. Each prisoner serving a sentence in a disciplinary barracks or Federal penal or correctional institution or released on parole or conditionally released from such institutions, and each prisoner in a hospital who is carried on the rolls of a disciplinary barracks, will be considered for clemency by the Secretary of the Army. Commandants of disciplinary barracks and wardens of Federal penal and correctional institutions are responsible for furnishing The Provost Marshal General, Department of the Army, case histories of Army prisoners, together with their recommendations concerning restoration to duty and clemency.

(e) Time of clemency consideration. (1) Prisoners sentenced to dismissal, dishonorable or bad conduct discharge, and confinement will be considered for clemency by the authority specified in paragraph (d) of this section, as follows:

(i) In cases in which the sentence to confinement is less than 8 months, as soon as practicable.

(ii) In cases in which the sentence to confinement is 8 months or more and less than 2 years, not earlier than 4 months nor later than 6 months from the date the sentence to confinement became effective, and annually thereafter.

(iii) In cases in which the confinement is 2 years or more, not earlier than 6 months nor later than 8 months from the date the sentence to confinement became effective, and annually thereafter.

(iv) In any case at any time prior to completion of the sentence, upon recommendation for cause.

NOTE: The date on which initial clemency consideration is due will be extended by any period during which credit is not given for serving a sentence.

(2) In addition to the considerations for clemency otherwise required, written application for a special clemency consideration, setting forth a basis for the application and containing sufficient grounds for further clemency consideration, may be made by the prisoner or in behalf of the prisoner, and forwarded through channels to the appropriate convening authority having courtmartial jurisdiction if the prisoner is confined in a place other than a disciplinary barracks or Federal penal or correctional institution. If the prisoner is confined in a disciplinary barracks or Federal penal or correctional institution, such application will be forwarded to The Provost Marshal General, Department of the Army.

(3) A prisoner released on parole from a disciplinary barracks will be considered annually for clemency until expiration of his sentence as reduced by abatements if the sentence was adjudged prior to May 31, 1951 and without credit for abatements if the sentence was adjudged on or after May 31, 1951.

(4) A prisoner released on parole or conditionally released from a Federal penal or correctional institution will be considered annually for clemency until expiration of the full term of his sentence or sentences without credit for abatements.

§ 512.2 Correspondence and visits(a) General. The maintenance of wholesome and frequent contacts with their families and others genuinely interested in their welfare is a vital factor in the rehabilitation of persons in confinement. The right of prisoners to mail and visiting privileges will be limited only by security requirements and the facilities available for proper inspection, handling and supervision. Restrictions on mail or visiting privileges will not be imposed as a disciplinary measure.

(b) Authorized correspondents and visitors. No limitations will be imposed as to the number of persons who may be approved for the purpose of visiting or corresponding with a prisoner. The prisoner's wife, children, parents, brothers, and sisters should be approved uniformly, unless disapproval is required in the interest of safe administration or the prisoner's welfare. Other persons may be approved as correspondents and visitors when this appears to be in the best interest of the prisoner.

(c) Mail. (1) Incoming and outgoing mail will be inspected for unauthorized content.

(2) Restrictions will not be placed on the number of letters to or from authorized correspondents, except as necessary for security and control, prevention of unreasonable individual excesses, or to prevent delays in processing mail. Normally, prisoners will be permitted to write at least two letters each week and to receive all incoming letters from authorized correspondents. Mail privileges for unsentenced prisoners will be as liberal as operating conditions and facilities permit. Letters to members of Congress, to Federal officials, to higher military authority, or to inspectors general, and correspondence regarding legal matters in which the prisoner has a legitimate interest, will be forwarded to the addressee, subject to inspection. Other special purpose correspondence may be permitted at the discretion of the installation commander or commandant. Letters to members of Congress or the President, and petitions for writs or release, will be forwarded direct to the addressee. Letters containing accusations, charges, or complaints, if addressed to other than a member of Congress or the President, will be forwarded through proper channels to officials who have the authority to correct the complaints or alleged wrongs.

(3) Vulgar or obscene language or any violations of postal laws will not be permitted.

(d) Visits. (1) Restrictions on the number and length of visits and on the number of authorized persons permitted to visit at any one time, will be limited to those which are necessary for the safe handling of visits, prisoner control, and those made necessary by operational routines or limited facilities. Normally, sentenced prisoners should be permitted to receive visits of 1 to 2 hours' duration on nonworkdays (weekends and holidays) at least twice monthly. However, in determining the need for exceptions, consideration should be given to the distance traveled by visitors, the frequency of visits, and other pertinent factors. Visits for unsentenced prisoners will be as liberal as operating conditions and facilities permit. Reasonable exceptions as to time and length of visits will be made for attorneys to interview their clients regarding pending legal affairs.

(2) All visits to prisoners will be supervised.

(e) Other. The receiving of articles other than correspondence may be authorized by installation commanders or commandants. Telegraphic communications may be authorized only when warranted by existing circumstances. Telephone calls to or by prisoners, at the expense of the caller, will be permitted only in emergencies when no other means of communication will suffice, will be monitored, and will be limited to the emergency subject.

§ 512.3 Temporary parole. The installation commander or commandant may authorize a brief home visit by a prisoner, for emergency reasons, after determining that circumstances exist which justify such special action, and that such action is not inconsistent with custodial requirements or the public safety. For this purpose, a temporary parole may be granted the prisoner, analogous to emergency leave, unless the installation commander or commandant determines that travel under guard is required. Travel and subsistence expenses incident to such a home visit, including those of any accompanying guard, will be borne by the prisoner. Normally, visits will be granted only in case of critical illness of an immediate

relative, on the basis of verified information, and will be limited to the minimum number of days considered necessary, usually not exceeding one week, exclusive of travel time. For this purpose, "immediate relative" will include wife, children, parents, brothers and sisters, and other persons closely related to the prisoner.

PART 513—ASSISTANCE OF CREDITOR BY DEPARTMENT OF THE ARMY [REVISED]

§ 513.1

Private indebtedness and financial obligations.

(a) The Department of the Army does not condone an attitude of irresponsibility or evasiveness by its personnel toward their private indebtedness or financial obligations. Members of the Army are expected to discharge their private indebtedness and financial obligations in an honorable manner. The Department of the Army is without legal authority directly to require a member to pay a private debt, or to divert any part of his pay in satisfaction thereof, even though the indebtedness may have been reduced to a judgment of a civil court. The enforcement of the private obligations of persons in the military service is a matter for civil authorities. Army commanders will give careful consideration to the public relations aspect involved in private indebtedness and financial obligations, as well as to indoctrinating members of their commands in the individual's responsibility with respect to private obligations.

(b) Commanding officers will not tolerate actions of irresponsibility, gross carelessness, neglect, dishonesty, or evasiveness in the private indebtedness and financial obligations of their personnel. Normally, it is not difficult to distinguish between an honest denial of an obligation and a dishonest or irresponsible evasion thereof. A claim based upon a judgment, order, or decree of a court which appears valid on its face, should ordinarily be accepted by the commanding officer as prima facie evidence of the financial obligation established thereby. Such a judgment, however, may be rebutted by other evidence, such as a conflicting decree of another civil court. If, after consideration of all factors, a

commanding officer believes that a member of his command has dishonorably failed to pay his just debts, disciplinary action may be initiated (Articles 133 and 134, Uniform Code of Military Justice (64 Stat. 142), and paragraph 213b, Manual for Courts-Martial 1951, (E. O. 10214, February 8, 1951, 3 CFR, 1951 Supp.)).

(c) Complaints of civil indebtedness or financial obligations received at any echelon of the Department of the Army superior to the immediate command of the member concerned will be forwarded through proper channels to the immediate commanding officer of such member for action as outlined in paragraph (d) of this section. Each communication will be acknowledged by the command receiving the complaint and the writer informed of the referral of his letter.

(d) Upon receipt of a communication from any echelon of the Department of the Army superior to the immediate command of the member concerned, or directly from the complainant, concerning a member's failure to satisfy his private indebtedness or financial obligations, the appropriate procedure set forth below will be followed:

(1) If upon receipt of the communication it appears that the complainant has not made reasonable efforts to collect directly from a member, inform the complainant that action by the military authorities will be deferred until such time as it appears that the complainant has made such efforts.

(2) If upon receipt of the communication there appears to be evidence showing a reasonable effort to collect directly from the member, the organizational commander will discuss the matter with the member concerned. If the obligation is admitted by the member, the commanding officer will insure that reply is made promptly to the complainant indicating the member's intentions regarding payment. If the obligation or the amount is disputed or denied by the member, the commanding officer, in his discretion, may require either or both parties to submit any necessary documents or other pertinent evidence. When the commanding officer believes that the matter justifiably is controversial, he will make reply directly to the complainant advising that it is the established policy of the Department of the

Army that a disputed debt is a matter to be settled by the civil courts. When complaints of a member's repeated failure to satisfy private indebtedness or financial obligations are received, the commanding officer will take appropriate followup action with a view to assisting the member in complying with previous arrangements. The complainant will be requested to address any further correspondence deemed necessary direct to the member concerned or to his commanding officer.

(3) Complaints received after a service member has been reassigned will be forwarded to his current organization if the latest assignment is available. Complaints received after a service member has departed on orders for oversea duty or on orders to return to Continental United States, and whose current organization is not known, will be forwarded to the commanding officer of the appropriate oversea replacement station or returnee-reassignment station. All complaints in the above categories will be acknowledged and the complainant will be advised:

(i) of the service member's leave address when applicable.

(ii) That service member will be in transient status for 30 to 90 days (or the approximate number of days normally required in each individual case) prior to reaching his new duty station.

further

(iii) That correspondence concerning the indebtedness should be addressed to the commanding officer of the unit of the service member, if known; if the unit of the service member is not known, the complainant will be advised of the due date and the address to which correspondence should be sent.

(e) The provisions of paragraphs (a) to (d) of this section do not apply in the case of retired personnel not on active duty. Complaints of civil indebtedness or financial obligations should be replied to by a statement that any action in connection with civil indebtedness or financial obligations of retired personnel not on active duty, is outside the responsibility of the Army and that the command regrets that it cannot be of assistance in the matter.

(Sec. 3012, 70A Stat. 157; 10 U.S.C. 3012) [24 F.R. 14, Jan. 1, 1959]

Prior Amendments 1956: 21 F.R. 1176, Feb. 21.