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January 21

President Jimmy Carter Pardons Vietnam Draft Dodgers (1977)


On January 21, 1977, President Jimmy Carter pardoned nearly all American Vietnam War draft evaders, many of which had immigrated to Canada.

Just one day after President Carter’s inauguration into the White House, he pardoned thousands upon thousands of Vietnam War draft dodgers. Many of these people avoided the draft by failing to register or traveling abroad. In particular, the pardon related to violations of the Selective Service Act from August 4, 1964 to March 28, 1973. Carter also issued Executive Order 11967 to facilitate how the pardon would work. (Please read "Executive Orders" for further details on executive orders.)

The pardon meant that the government could not prosecute any draft dodgers for their violations of the law. Carter issued the pardon in an attempt to move beyond the difficult past of the Vietnam War. However, Carter’s pardon was very hotly debated by the media.

Many individuals found the pardon to be against the framework of the U.S. Constitution. Military veterans saw the pardon as a slap in the face to those who had fought and died in the Vietnam War, and stated that the pardon would only encourage future draftees to evade their obligation to sign up for the selective service. Others agued that Carter didn’t pardon enough individuals because his pardon failed to cover deserters – soldiers who served in the war and left before their tours were completed. Approximately 500,000 to 1,000,000 soldiers went AWOL (i.e. absent without leave) or deserted their posts during the Vietnam War. The actual pardon released by the White House Press Secretary on January 21, 1973 states:

GRANTING PARDON FOR VIOLATIONS
OF THE SELECTIVE SERVICE ACT,
AUGUST 4, 1964 TO MARCH 28, 1973
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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Acting pursuant to the grant of authority in Article II, Section 2, of the Constitution of the United States, I, Jimmy Carter, President of the United States, do hereby grant a full, complete and unconditional pardon to: (1) all persons who may have committed any offense between August 4, 1964 and March 28, 1973 in violation of the Military Selective Service Act or any rule or regulation promulgated thereunder; and (2) all persons heretofore convicted, irrespective of the date of conviction, of any offense committed between August 4, 1964 and March 28, 1973 in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, restoring to them full political, civil and other rights.

This pardon does not apply to the following who are specifically excluded therefrom:

(1) All persons convicted of or who may have committed any offense in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, involving force or violence; and

(2) All persons convicted of or who may have committed any offense in violation of the Military Selective Service Act, or any rule or regulation promulgated thereunder, in connection with duties or responsibilities arising out of employment as agents, officers or employees of the Military Selective Service system.

IN WITNESS WHEREOF, I have hereunto set my hand this 21st day of January, in the year of our Lord nineteen hundred and seventy-seven, and of the Independence of the United States of America the two hundred and first.

JIMMY CARTER