Executive Order 11967

Proclamation 4483, also known as the Granting Pardon for Violations of the Selective Service Act, was a presidential proclamation issued by Jimmy Carter on January 21, 1977. It granted pardons to those who evaded the draft in the Vietnam War by violating the Military Selective Service Act from August 4, 1964, to March 28, 1973. It was implemented through Executive Order 11967.

Background

The Nationality Act of 1940 imposed loss of citizenship on American citizens who flee the United States to avoid service in times of war, or who are court-martialed for desertion. The Immigration and Nationality Act of 1952 allowed for restoration of citizenship under these conditions should one return to serve in the armed forces during times of war. It also specified that leaving the United States after failure to comply with the Selective Service System indicated an attempt to avoid service.

During the Vietnam War, hundreds of thousands of American men evaded the draft by fleeing the country or failing to register with their local draft board. President Gerald Ford signed a proclamation in 1974 that granted conditional amnesty to draft evaders, provided they work in a public service job for up to two years. Those who had evaded the draft by leaving the country were not eligible for a conditional pardon. This offer of clemency expired on January 31, 1975.

Draft evaders and deserters often sought asylum in Canada and Sweden. Up to 90% of evaders had fled to Canada, with up to 50,000 settling there permanently.

Jimmy Carter promised during his presidential campaign that he would pardon draft evaders of the Vietnam War, calling it the "single hardest decision" of his campaign.

Proclamation

Carter signed Proclamation 4483 on January 21, 1977, his first full day in office. The proclamation was issued so that draft evaders would be able to participate in society without fear of prosecution. It was implemented through Executive Order 11967.

Proclamation 4483 was limited to offenses against the Selective Service Act. It did not affect the Uniform Code of Military Justice, which included penalties for desertion. It also did not restore citizenship for those who lost it after fleeing to another country to avoid service.

Aftermath

Barry Goldwater, a supporter of the Vietnam War, referred to the proclamation as "the most disgraceful thing that a president has ever done". Carter was accused of showing favoritism towards middle-class evaders who were able to successfully stay out of the war. Some Vietnam veterans were opposed to amnesty for evaders, while anti-war activists said it fell short by not pardoning deserters.

The National Emergencies Act repealed nationality laws that allow loss of citizenship for fleeing military service in times of war, but it did not elaborate on the status of those who fled during the Vietnam War.

Notes

References

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{{Federal pardons in the United States

Presidency of Jimmy Carter
1977 in American law
Amnesty laws
Pardons
United States proclamations