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Clemency and Parole After a Court-Martial Conviction

A sentence of confinement is not always final. A former service member in confinement due to a court-martial conviction can request special clemency or parole from the appropriate military authority. If granted, the service member can be released early before serving the total amount of adjudged confinement at court-martial.

MJA has successfully petitioned Special Clemency and Parole Boards on behalf of service members convicted of some of the most serious offenses under the UCMJ. If you have a loved one serving a substantial sentence of confinement due to a court-martial conviction, don’t delay in seeking legal advice. Contact our military defense lawyers now to learn more.

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Eligibility for Clemency and Parole

DoDI 1325.07, Administration of Military Correctional Facilities and Clemency and Parole Authority, prescribes the procedures to carry out the operation of the military’s correctional programs and the administration of military clemency and parole programs. The instruction states that a prisoner is eligible for release on parole when requested by the prisoner, and when:

  1. The prisoner has an approved unsuspended punitive discharge or dismissal or an approved administrative discharge or retirement; and
  2. The unsuspended sentence or aggregate sentence to confinement is 12 months or more. In cases where the sentence to confinement is less than 30 years, the prisoner must have served one-third of the term of imprisonment, but in no case less than six months.

Case Results We’ve been in the fight & know how to win

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NO GOMOR ISSUED

Fort Cavazos, Texas. Army Officer Rebuts Allegations of Online Social Media Misconduct; No GOMOR Issued.

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GOMOR LOCALLY FILED

Shaw Air Force Base, South Carolina. Army Major (O-4) reprimanded for extramarital sexual conduct, GOMOR locally filed.

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NO ADVERSE ACTION

Fort Stewart, Georgia. An Army Sergeant (E-5) was flagged for allegedly violating a restriction of movement (ROM) order following a suspected case of COVID-19.

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GOMOR REMOVED

Fort Stewart, Georgia. GOMOR removed for Army Ranger arrested for DUI less safe after failing to submit to a field sobriety test.

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GOMOR LOCALLY FILED

Fort Knox, Kentucky. Army Major (O-4) facing an investigation and possible removal from the Army contacted MJA to help him respond appropriately.

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MARINE SNCO PROMOTED

Camp Lejeune, North Carolina. Marine Staff Sergeant (E-6) refused NJP, avoids court-martial and earns promotion.

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PROMOTED AFTER GOMOR

United States Army Japan. An Army First Lieutenant (O-2) received a permanently filed GOMOR for allegedly being drunk and disorderly in violation of USF Japan liberty policy.

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GOMOR WITHDRAWN AND DESTROYED

Army Reserve Support Command. Army Sergeant First Class (E-7) reprimanded for alleged aggravated sexual contact.

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GOMOR LOCALLY FILED

1st Theater Sustainment Command, Middle East. Army Major (O-4) reprimanded for allegations of extramarital sexual conduct.

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GOMOR TRANSFERRED

Department of the Army Suitability and Evaluation Board (DASEB). Army Captain (O-3) reprimanded for drunk and disorderly.

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View All Results
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Eligibility for Clemency and Parole

DoDI 1325.07, Administration of Military Correctional Facilities and Clemency and Parole Authority, prescribes the procedures to carry out the operation of the military’s correctional programs and the administration of military clemency and parole programs.

The instruction states that a prisoner is eligible for release on parole when requested by the prisoner, and when:

  1. The prisoner has an approved unsuspended punitive discharge or dismissal or an approved administrative discharge or retirement; and
  2. The unsuspended sentence or aggregate sentence to confinement is 12 months or more. In cases where the sentence to confinement is less than 30 years, the prisoner must have served one-third of the term of imprisonment, but in no case less than six months.
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Client Testimonials Their Words. Their Cases. Their Results.

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"The Government Came to Bury Me, Josh Hill Buried Their Case Instead"

If you’re reading this review,...

"If you’re reading this review, there’s a fair chance you’re in trouble with the military. The answer is YES—hire Josh Hill. He is worth every penny and more. Don’t gamble with your VA benefits, your military pension, or your freedom. You only get one shot at defending your future. Trust me, this is the guy you want in your corner. When I first hired Josh Hill as my civilian military lawyer, I was staring down a mountain: 28 specifications across 6 charges in a military court-martial. The government basically made a giant mud ball, threw it at the wall, and waited to see what would stick. The stakes couldn’t have been higher—my freedom, my career, my reputation, and my benefits were all on the line. But from day one, Josh brought unmatched experience, surgical strategy, and a level of confidence that gave me hope when I needed it most. Josh Hill is a master of his craft. He navigated the UCMJ like a seasoned warrior—dissecting every allegation, exposing every weakness in the government’s case, and challenging every false assumption thrown my way. His preparation was meticulous, his presence in court was commanding, and his cross-examinations were absolutely relentless. He left no stone unturned and no argument unanswered. Because of Josh’s leadership, we went from what felt like an impossible situation to walking out of that courtroom not guilty on all charges. That wasn’t just a win—it was a total and complete vindication. And it’s 100% because of Josh Hill’s commitment, brilliance, and refusal to let the government steamroll me. Josh Hill didn’t just defend me—he saved my life. I will forever be in his debt for the sacrifices he made and the time he dedicated to my case. One last note: When he calls—ANSWER IT. Drop what you're doing, it can wait. That phone call might be the one thing that changes your future. If you want to hear my story firsthand, Josh has my permission to give you my contact info. I’ll gladly tell you exactly how he absolutely destroyed the government’s case, so I can continue with my life."
-STAFF SERGEANT, USMC

"He is an articulate pitbull in the courtroom."

My career, my life, my futu...

I know Mr Healy quite well. He represented me in a case where the odds were stacked against me. This was the most difficult time of my life considering some other circumstances that were added on. However, he fought for me tooth and nail even though his caseload was very high at the time. It seemed he devoted every ounce of effort to find me justice and in the end, because of his efforts, I was fully acquitted of several charges.

I will never forget that feeling for as long as I live. Upon the announcement of the verdict I nearly collapsed. My career, my life, my future was completely in his hands and he took it as seriously as I did. He is an articulate pitbull in the courtroom. I highly recommend his services if you expect to have any chance of seeing the justice you truly deserve.

-Corporal, USMC

"Mr. Hodge was relentless in his defense of me"

Mr. Hodge was relentless in hi...

Mr. Hodge was relentless in his defense of me . . . and absolved me of any wrongdoing under the UCMJ.
-Corporal, USMC

"His dedication to me as a client was unprecedented."

Josh is a hard nosed and dedic...

Josh is a hard nosed and dedicated attorney that will stand by you every step of the way in your defense. His dedication to me as a client was unprecedented.
-Staff Sergeant, USA

"I would hire them again in a heartbeat."

Gerry and Josh are absolute pr...

Gerry and Josh are absolute professional monsters in the courtroom. I would hire them again in a heartbeat and wouldn’t want anyone else in my corner!
-Private First Class, USA

"I trusted him with my career on the line, and he was outstanding."

Mr. Hill tore apart the govern...

Mr. Hill tore apart the government's theory piece by piece . . . I trusted him with my career on the line, and he was outstanding.
-Petty Officer Third Class, USN

"I would not want my fate in anyone else’s hands."

Gerry Healy is an outstandi...

Gerry Healy is an outstanding attorney. In the courtroom he is confident, knowledgeable, and aggressive. I would not want my fate in anyone else’s hands.
-Airman First Class, USAF
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Factors Considered by the Clemency and Parole Boards

DoDI 1325.07 requires Military Clemency and Parole Boards to evaluate the following factors when considering an individual for clemency or parole:

  1. The nature and the circumstances of the prisoner’s offenses;
  2. The prisoner’s military and civilian history;
  3. The prisoner’s confinement file, including offense-related rehabilitation programs;
  4. The personal characteristics of the prisoner, including age, education, marital and family status, and psychological profile;
  5. The impact of the prisoner’s offense on the victim and the prisoner’s efforts to make restitution to the victim;
  6. The protection and welfare of society;
  7. The need for good order and discipline in the Service; and
  8. Other matters, as appropriate

While these are general factors, the Clemency and Parole Boards are required to make case-specific determinations based on a convicted servicemember inmate’s personal facts and circumstances.

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Clemency or Parole is Possible

MJA has successfully petitioned for clemency or parole for service members convicted of some of the most serious offenses under the UCMJ. In one case, MJA represented a dishonorably discharged United States Marine before the Naval Clemency and Parole Board (NC&PB). The Marine had been convicted of violating Articles 92, 114, and 119, UCMJ, and was serving a sentence of 69 months confinement. Despite having an exemplary confinement record, the Marine had petitioned for and was denied parole.

The Marine retained MJA to fight for his release. MJA prepared and submitted to the NC&PB an extensive petition showing that the Marine met the criteria for parole and had received a disparately severe sentence under the Department of Defense’s instructions and relevant case law. MJA also appeared telephonically at the board hearing to advocate on behalf of the Marine. After reviewing all the evidence, the NC&PB agreed and approved the Marine’s request for parole!

Former Military Judge Advocates United By Service

Our attorneys are all former military officers who served on active duty. We work as a team on your case, leveraging each of our attorneys’ unique perspectives and vast experience to win on your behalf.

Gerry Healy

Owner and Founder

Gerry founded Military Justice Attorneys to provide service members with principled, trial-tested defense rooted in firsthand experience inside the military justice system.

  • Former Judge Advocate in the U.S. Marine Corps
  • Recognized Criminal Defense Attorney and Litigator
  • Represents Military Community in Complex Mass Torts
Gerry Healy

Josh Hill

Managing Partner

Josh oversees the firm’s military justice practice, bringing a strategic and detail-driven approach to complex litigation, appeals, and high-stakes administrative matters.

  • Former Military Prosecutor and Defense Counsel
  • Admitted to Practice in all Military Appellate Courts
  • Burton Award for Distinguished Legal Writing
Josh Hill

Chip Hodge

Partner

Chip draws on senior-level military justice experience to advise and defend service members facing courts-martial, investigations, and career-altering administrative actions.

  • Retired Marine Lieutenant Colonel
  • Served as Deputy SJA, Marine Forces Reserve
  • Deployed to Afghanistan in Support of OEF
Chip Hodge

Paul Murray

Partner

Paul represents contractors injured while working overseas in support of US agencies and forces, combining significant litigation experience with a deep commitment to helping injured workers.

  • Former Major in the U.S. Marine Corps
  • Admitted to the Bar in South Carolina, Georgia, and Illinois
Paul Murray

Jon Shelburne

Senior Counsel

Jon brings decades of courtroom and appellate experience, focusing on serious criminal allegations and complex military justice matters worldwide.

  • 30+ Years of Trial Experience
  • Co-Chair, Veterans Committee for Texas Criminal Defense Lawyers Association
Jon Shelburne

Amy Thomas

Of Counsel

Amy provides strategic counsel on military and employment-related matters, informed by senior leadership experience and advanced legal training.

  • Retired Lieutenant Colonel in the U.S. Marine Corps
  • Master's in Jurisprudence in Labor & Employment Law
Amy Thomas
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Petition for Your Freedom Today

A sentence of confinement does not have to be final. MJA has successfully petitioned Special Clemency and Parole Boards on behalf of service members convicted of some of the most serious offenses under the UCMJ. If you have a loved one serving a sentence of confinement due to a court-martial conviction, don’t delay in seeking legal advice. Contact our military defense lawyers now to learn more.

Contact Us When Your Future Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

Available 24/7 to Help Anyone in the World

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