GRANTING PARDON FOR CERTAIN VIOLATIONS OF ARTICLE 125
UNDER THE UNIFORM CODE OF MILITARY JUSTICE
10780
- - - - - - BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
Our Nation has made tremendous progress in advancing the
cause of equality for LGBTQI+ Americans, including in the
military. Despite their courage and great sacrifice, thousands
of LGBTQI+ service members were forced out of the military
because of their sexual orientation or gender identity. Many of
these patriotic Americans were subject to a court-martial. While
my Administration has taken meaningful action to remedy these
problems, the impact of that historical injustice remains. As
Commander in Chief, I am committed to maintaining the finest
fighting force in the world. That means making sure that every
member of our military feels safe and respected.
Accordingly, acting pursuant to the grant of authority in
Article II, Section 2, of the Constitution of the United States,
I, Joseph R. Biden Jr., do hereby grant a full, complete, and
unconditional pardon to persons convicted of unaggravated
offenses based on consensual, private conduct with persons age
18 and older under former Article 125 of the Uniform Code of
Military Justice (UCMJ), as previously codified at 10 U.S.C.
925, as well as attempts, conspiracies, and solicitations to
commit such acts under Articles 80, 81, and 82, UCMJ, 10 U.S.C.
880, 881, 882. This proclamation applies to convictions during
the period from Article 125's effective date of May 31, 1951,
through the December 26, 2013, enactment of section 1707 of the
National Defense Authorization Act for Fiscal Year 2014 (Public
Law 113-66).

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The purpose of this proclamation is to pardon only offenses
based on consensual, private conduct between individuals 18 and
older that do not involve any aggravating factor, including:
(1) conduct that would violate 10 U.S.C. 893a, prohibiting
activities with military recruits or trainees by a person
in a position of special trust;
(2) conduct that was committed with an individual who was
coerced or, because of status, might not have felt able to
refuse consent;
(3) conduct on the part of the applicant constituting
fraternization under Article 134 of the UCMJ;
(4) conduct committed with the spouse of another military
member; or
(5) any factors other than those listed above that were
identified by the United States Court of Appeals for the
Armed Forces in United States v. Marcum as being outside
the scope of Lawrence v. Texas as applied in the military
context, 60 M.J. 198, 207–08 (2004).
The Military Departments (Army, Navy, or Air Force), or in
the case of the Coast Guard, the Department of Homeland
Security, in conjunction with the Department of Justice, shall
provide information about and publicize application procedures
for certificates of pardon. An applicant for a certificate of
pardon under this proclamation is to submit an application to
the Military Department (Army, Navy, or Air Force) that
conducted the court-martial or, in the case of a Coast Guard
court-martial, to the Department of Homeland Security. If the
relevant Department determines that the applicant satisfies the
criteria under this proclamation, following a review of relevant
military justice records, the Department shall submit that
determination to the Attorney General, acting through the Pardon

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Attorney, who shall then issue a certificate of pardon along
with information on the process to apply for an upgrade of
military discharge. My Administration strongly encourages
veterans who receive a certificate of pardon to apply for an
upgrade of military discharge.
Although the pardon under this proclamation applies only to
the convictions described above, there are other LGBTQI+
individuals who served our Nation and were convicted of other
crimes because of their sexual orientation or gender identity.
It is the policy of my Administration to expeditiously consider
and to make final pardon determinations with respect to such
individuals.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-sixth day of June, in the year of our Lord two thousand
twenty-four, and of the Independence of the United States of
America the two hundred and forty-eighth.
[FR Doc. 2024-14584 Filed: 6/28/2024 8:45 am; Publication Date: 7/1/2024]