Granting Pardon for Certain Violations of Article 125 Under the Uniform Code of Military Justice

This proclamation grants a full, complete, and unconditional pardon to military personnel convicted of unaggravated consensual private conduct offenses under former Article 125 of the Uniform Code of Military Justice (sodomy) between 1951 and 2013, along with related conspiracy, attempt, and solicitation charges. It establishes a process for affected veterans to apply for certificates of pardon through their respective Military Departments or DHS, with review by the Attorney General, and encourages discharge upgrades. The Administration also commits to expeditiously consider pardons for other LGBTQI+ individuals convicted due to their sexual orientation or gender identity.

Federal Register Open PDF 89 FR 54329

Impact dates

Date TBD
Expeditious consideration and final pardon determinations for other LGBTQI+ individuals

Key directives

Grant full, complete, unconditional pardon for unaggravated Article 125 convictions based on consensual private conduct with persons 18+ from May 31, 1951 through December 26, 2013
Military Departments and DHS shall provide information about and publicize application procedures for certificates of pardon
Applicants submit to Military Department that conducted court-martial or DHS for Coast Guard
Departments to review military justice records and submit determination to Attorney General through Pardon Attorney
Pardon Attorney shall issue certificate of pardon and information on discharge upgrade process
Administration strongly encourages veterans to apply for discharge upgrade
Administration to expeditiously consider and make final pardon determinations for other LGBTQI+ individuals convicted due to sexual orientation or gender identity

Who is ordered

Timeline

Immediate

Pardon takes effect upon proclamation signing for eligible convictions
Military Departments and DHS directed to publicize application procedures

Near term (90d)

Application process for certificates of pardon to be established and publicized
Initial applications expected to be submitted

Long term

Potential discharge upgrades for pardoned veterans
Expedited pardon determinations for other LGBTQI+ individuals convicted due to sexual orientation or gender identity
Historical record correction for thousands of service members

Risks & tensions

Scope limitation: pardon applies only to unaggravated consensual conduct; excludes cases involving coercion, fraternization, recruits/trainees, or spouses of other military members—determining eligibility requires case-by-case review of decades-old records
Administrative burden: Military Departments and DHS must locate and review potentially thousands of court-martial records spanning 1951-2013
Vague timeline for 'expeditious consideration' of broader LGBTQI+ pardons creates implementation uncertainty
Discharge upgrade process remains separate and not guaranteed; veterans must navigate additional bureaucracy
No automatic expungement mechanism specified; certificates require individual application