759 F.3d 1351
Fed. Cir.2014Background
- Robertson served in the Army and was discharged Under Conditions Other Than Honorable after AWOL lasting 313 days following a period of absence tied to family/personal circumstances.
- He was convicted by a general court-martial and received a bad-conduct discharge; later, a clemency discharge was issued under President Ford's AWOL clemency program.
- In 1976, Robertson received a clemency discharge and a full pardon pursuant to executive clemency, under Proclamation 4313 and related procedures.
- The VA denied veterans’ benefits in 1977 based on the discharge circumstances; he pursued discharge upgrades but the ABCMR denied relief, and the VA decisions were left unchanged over time.
- The PCB documented that clemency does not generally entitle forgiveness of benefits and that most clemency discharge holders would not receive VA benefits.
- Robertson argued the pardon barred the VA from considering the underlying AWOL misconduct; the courts below rejected this interpretation and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pardon precludes VA from considering underlying misconduct | Robertson argues the pardon bars consideration of the AWOL conduct. | Shinseki argues the pardon does not erase the discharge history for benefits purposes. | Pardon does not preclude VA from considering underlying misconduct. |
Key Cases Cited
- Ex parte Garland, 71 U.S. (4 Wall.) 333 (1866) (pardons do not erase history or rights without a specific scope)
- United States v. Klein, 80 U.S. (13 Wall.) 128 (1871) (pardons have limited scope and do not erase prior records)
- Moskal v. United States, 498 U.S. 103 (1990) (statutory language and context inform interpretation)
- Two Pesos, Inc. v. Taco Cabana, Inc., 505 U.S. 763 (1992) (look to underlying purposes in interpreting a statute)