Page:United States Statutes at Large Volume 67.djvu/939

 67 STAT.]

PROCLAMATIONS—DEC. 24, 1952

ineligible to become a citizen of the United States, and that such deserters shall be forever incapable of holding any office of trust or of profit under the United States, or of exercising any rights as citizens thereof; and WHEREAS section 401(a)(g) of the said Act, as amended by section 1 of the act of January 20, 1944, 58 Stat. 4, provides in part that any person who is a national of the United States, whether by birth or naturalization, shall lose his nationality by deserting the military or naval forces of the United States in time of war, provided that he is convicted thereof by court-martial and as a result of such conviction is dismissed or dishonorably discharged from the service of such military or naval forces; and WHEREAS section 314 and section 349(a)(8) of the Immigration and Nationality Act (66 Stat. 241, 268) contain substantially the same provisions as those contained in the said sections 306 and 401 (a)(g), respectively, of the Nationality Act of 1940, and are expressly applicable to desertion from the air forces, as well as the military and naval forces, of the United States; and WHEREAS active hostilities in World War II terminated on August 14, 1945, but the last of the states of war existing at that time was not formally and legally terminated until April 28, 1952; and WHEREAS no active hostilities existed between August 14, 1945, and June 25, 1950, the date of the Korean invasion; and WHEREAS it appears that it would be in the public interest to grant amnesty and pardon, to the extent hereafter indicated, to all persons who deserted from the armed forces of the United States on or after August 14, 1945, and prior to June 25, 1950, and consequently were, or may hereafter be, convicted by court-martial of desertion committed in time of war, and to all persons who as a result of such conviction were, or may hereafter be, dismissed or dishonorably discharged from the armed forces of the United States: NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, under and by virtue of the authority vested in me by section 2 of Article II of the Constitution of the United States of America do hereby grant amnesty and pardon to all persons who have heretofore been, or may hereafter be, convicted by courtmartial of desertion from any branch of the armed forces of the United States in time of war committed on or after August 14, 1945, but prior to June 25, 1950, and also to all persons who as a result of such conviction have been, or may hereafter be, dismissed or dishonorably discharged from the armed forces of the United States, to the extent that there shall be, and hereby is, fully remitted as to such persons any relinquishment, loss, or forfeiture of their rights (including the right to become a citizen of the United States), capacities, or nationality, incurred under the provisions of the said sections 306 and 401 (a)(g) of the Nationality Act of 1940 and the said sections 314 and 349 (a)(8) of the Immigration and Nationality Act as a result of such conviction, or of such conviction and dismissal or dishonorable discharge from the armed forces of the United States. Nothing in this proclamation shall be construed as removing, or as authorizing the removal of, any charge of desertion which may now be pending on the rolls or records of the United States in the case of any

C25

8 USC 801.

8 USC 1425, 1481. 8 USC 706, 801.

66 Stat. C31. SO u s e app. note prec. 1.

Armed forces. Granting of pardon to deserters from Aug. 14, 1945 to June 25, 1950.

8 USC 706, 801. 8 USC 1425, 1481.

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