Clemency and Parole Administration

Role and responsibility

S-1 admin specialists support the confined Marine clemency and parole package routing. The S-1 chief assists the Marine, the defense counsel, and the trial counsel in assembling the post-trial matters submission. The S-1 officer routes the package through the chain to the convening authority and to the DON Clemency and Parole Board through the Naval Consolidated Brig where applicable. The Marine Corps PP&O PSL Corrections Section coordinates with the DON Clemency and Parole Board on parole eligibility and adjudication.

Source documents flow from the court-martial promulgating order, the confinement order, the confinement length, the Marine's clemency request package (RCM 1109 matters submission), the defense counsel submission, the trial counsel response, the brig commander recommendation, the chain of command endorsement, and the DON Clemency and Parole Board adjudication. Outputs include the RCM 1109 matters submission, the parole application package, the suspended sentence vacation package (where applicable), the DON Clemency and Parole Board adjudication, and the post-confinement administrative actions.

DODI 1325.07 reorganized the DoD clemency and parole framework effective 21 November 2024 with CH-1 effective 6 June 2025. The Marine Corps clemency and parole authority sits with SECNAV through SECNAVINST 5815.3.

Trigger events

• Court-martial sentence imposes confinement and the Marine elects to submit RCM 1109 matters for convening authority action.
• Confined Marine reaches parole eligibility window (typically 1/3 of the sentence or 6 months, whichever is greater).
• Brig commander recommends clemency on documented basis (rehabilitation, mitigation, medical).
• Suspended sentence violation triggers vacation hearing under RCM 1110.
• DON Clemency and Parole Board adjudicates the parole application.
• Confined Marine completes minimum eligibility period for clemency consideration.

Processing workflow

1. Assist the Marine on RCM 1109 matters submission. The defense counsel drafts the matters submission. The S-1 chief assists with supporting documentation (character statements, family hardship, rehabilitation evidence) within the RCM 1109 timeline post-trial.
2. Route the matters submission to the convening authority. The trial counsel routes through the staff judge advocate to the convening authority per RCM 1109. The convening authority acts on the sentence (approval, disapproval, modification).
3. Identify the parole eligibility date. Calculate the parole eligibility date based on the confinement length per DODI 1325.07DODI 1325.07 and the implementing SECNAV framework. Minimum eligibility is typically 1/3 of the sentence or 6 months, whichever is greater.
4. Build the parole application package. The Marine, the defense counsel, and the brig staff assemble the parole application with rehabilitation evidence, work program record, education record, conduct record, post-release plan (employment, residence, family support), and the brig commander recommendation per SECNAVINST 5815.3.
5. Route the parole application to the DON Clemency and Parole Board. The brig routes through the Naval Consolidated Brig to the DON Clemency and Parole Board for adjudication per DODI 1325.07DODI 1325.07.
6. Process the suspended sentence vacation. When a Marine with a suspended sentence commits a violation, the vacation hearing routes under RCM 1110. The S-1 chief assists in the hearing notice and the evidence package.
7. Track the DON Clemency and Parole Board adjudication. The S-1 officer pulls the case status. The Board renders a written decision on parole, parole with conditions, or denial.
8. Process the post-release administrative actions. On parole approval, the Marine transitions to parole supervision per the conditions imposed. The S-1 chief coordinates the Marine's status (separation, return to duty pending appellate review, etc.) per JAGINST 5800.7GJAGINST 5800.7G.
9. Reconcile the pay state. On parole release, pay reconciliation runs per DoDFMR Vol 7ADODFMR Vol 7A Chapter 48 paragraph 480107.
10. File the certified clemency parole packet. Place the RCM 1109 matters submission, the parole application, the DON Clemency and Parole Board adjudication, the suspended sentence vacation record (where applicable), and the post-release administrative actions in the OMPF Field Folder under the legal tab.

Systems of record and forms

Systems

• DON Clemency and Parole Board. SECNAVINST 5815.3 board adjudicating parole and clemency.
• Naval Consolidated Brigs (Chesapeake, Miramar, Charleston). Hold post-trial confinees and route clemency and parole packages.
• Brig prisoner control register. Tracks the confinee through the clemency and parole cycle.
• MCTFS. Holds the confinement state and the post-release status.
• OMPF Field Folder. Holds the certified clemency and parole packet.

Forms

• RCM 1109 Matters Submission. Post-trial matters submitted to the convening authority.
• Parole Application Package. Marine application to the DON Clemency and Parole Board.
• RCM 1110 Vacation of Suspension of Sentence Notice and Hearing Record.
• Brig Commander Recommendation. Brig endorsement of the parole application.
• DON Clemency and Parole Board Adjudication Letter. Written decision from the Board.
• Parole Conditions Agreement. Marine acknowledgment of parole conditions.

Common pitfalls

• RCM 1109 matters submission window missed. The Marine loses the post-trial action opportunity. Calendar the RCM 1109 window at sentencing per JAGINST 5800.7GJAGINST 5800.7G.
• Parole eligibility date miscalculated. The Marine applies before eligibility. Calculate the eligibility date per DODI 1325.07DODI 1325.07 and the implementing SECNAV framework.
• Parole application without brig commander recommendation. The DON Clemency and Parole Board lacks the brig endorsement and denies for procedural deficiency. Capture the brig commander recommendation at submission.
• Post-release plan thin. The Board denies parole for lack of credible post-release plan. Build the post-release plan with employment, residence, family support, and reintegration support per SECNAVINST 5815.3.
• Suspended sentence vacation hearing without notice. The vacation is procedurally defective. Issue the hearing notice per RCM 1110 before the hearing.

Decision points

• RCM 1109 matters submission scope. The defense counsel decides the scope (no submission, mitigation matters, error matters, full clemency request). The S-1 chief assists per defense counsel direction.
• Parole versus mandatory supervised release. Parole is conditional release before the full confinement term. Mandatory supervised release applies in certain post-2018 sentencing frameworks per DODI 1325.07DODI 1325.07.
• Vacation hearing routing. Suspended sentence violations route to vacation hearing under RCM 1110. The S-1 chief assists with the hearing notice and evidence assembly.

Authority

This sub-page maps to NAVMC 3500.3E T-R event 0102-GENA-2110 Coordinate Confinement Process and adjacent post-trial review tasks. The processing workflow sits under DODI 1325.07DODI 1325.07 Administration of Military Correctional Facilities and Clemency and Parole Programs (parent DoD framework, effective 21 November 2024 with CH-1 effective 6 June 2025), SECNAVINST 5815.3 Department of the Navy Clemency and Parole Authority (Marine Corps and Navy implementation), MCO 1640.6MCO 1640.6 Marine Corps Confinement Manual, JAGINST 5800.7GJAGINST 5800.7G Manual of the Judge Advocate General, RCM 1109 Submission of Matters for Action of Convening Authority, and RCM 1110 Vacation of Suspension of Sentence. Pay implications route through DoDFMR Vol 7A Chapter 48.

Related references

• DODI 1325.07 Administration of Military Correctional Facilities and Clemency and Parole Programs. Parent DoD framework.
• SECNAVINST 5815.3 Department of the Navy Clemency and Parole Authority. DON implementation.
• MCO 1640.6 Marine Corps Confinement Manual. Marine Corps implementation.
• JAGINST 5800.7G Manual of the Judge Advocate General. Judicial procedure and post-trial review.
• RCM 1109 Submission of Matters for Action of Convening Authority.
• RCM 1110 Vacation of Suspension of Sentence.
• DoDFMR Vol 7A Chapter 48 Court-Martial Sentences. Confinement pay implications.