Specialist Osvaldo Hernandez/United States Army Pardon Application,
December 1, 2009

		Specialist Osvaldo Hernandez, age 27, was born in the Dominican Republic and grew up in Corona, Queens, New York City as the second youngest of seven siblings. He was raised by his mother, a single parent. After high school, he worked full-time while attending college, earning 37 college credits.

Background

Specialist Osvaldo Hernandez, age 27, was born in the Dominican Republic and grew up in Corona, Queens, New York City as the second youngest of seven siblings. He was raised by his mother, a single parent.

Circumstances of the Offense

Almost seven (7) years ago, on November 22, 2002, before he joined the United States Army, then Mr. Hernandez was arrested in Queens County for possession of a loaded gun. He was twenty (20) years old at the time. During a routine traffic stop, a police office officer observed a gun under the seat of a car occupied by Mr. Hernandez and his friend. Mr. Hernandez readily admitted that the gun was his, which he felt he needed for self-protection given the tough Corona, Queens neighborhood in which he lived. This was Mr. Hernandez’ first and only arrest. The offense did not cause any physical injury or property damage. Mr. Hernandez pleaded guilty to Criminal Possession of a Weapon which is a felony. He was then sentenced to a term of imprisonment of one year, serving eight months due to good conduct.

Military Service

After his release, Specialist Hernandez enlisted in the Army as an infantryman and paratrooper. He served three years with the 82nd Airborne Division, including a 15 month tour of duty in Afghanistan. Specialist Hernandez made 26 parachute jumps, trained West Point cadets and the Afghan police, and engaged in hundreds of tactical missions and patrols in Afghanistan including: force protection, convoy security, traffic control, search operations, tactical questioning, IED and sensitive site exploitation, counter-narcotics (documentation and evidence collection),“High Value” snatch and grabs, participation in Shuras (town meetings), support of special operations forces, psychological operations and electronic intelligence gathering assets.

As a result of his service, Specialist Hernandez received the Combat Infantryman Badge, two Army Commendation Medals and three Army Achievement Medals. Letters from his company commander and platoon leader, as well as the citations from his medals, describe him with these words: “personal courage, devotion to duty, and commitment to mission accomplishment in a combat zone, under the most extreme circumstances...commitment to excellence [and] rigorous standards....dedication to duty [which] clearly sets the example for others to follow...continuous courage...one the best Paratroopers in this Company ... tremendous leadership ability and outstanding interpersonal skills....his values and integrity are beyond reproach...selfless service and discipline have made him a model Paratrooper in the Platoon...outstanding maturity and judgment....”

Post-Service Reconciliation

Specialist Hernandez has been granted a Certificate of Good Conduct and a Certificate of Relief from Civil Disabilities. The combined effect of both Certificates under New York law is to remove any legal barrier to the civilian employment of Specialist Hernandez. The Certificate of Good Conduct explicitly removed the “legal bar to public office as a New York City police officer.” The District Attorney who prosecuted him acknowledged his redemption through voluntary military service: “He has done his penance. He has paid every debt that he owes society. His account...is completely squared. He did that by not merely avoiding trouble, but in serving his country, by doing honor, ultimately, to everyone.” The judge who had sentenced him years before found that Specialist Hernandez had reclaimed his life in “very concrete and epic terms.”

Post-Service Employment

Prior to leaving Afghanistan, the Army offered to promote him to the rank of sergeant if Specialist Hernandez were to re-enlist in the Army. Although Specialist Hernandez was honored by the gesture, his goal was to become an NYPD police officer. Upon his honorable discharge from the Army on June 21, 2008, Specialist Hernandez applied for a position as a police officer with the New York City Police Department. He received a score of 98.235 on the NYPD applicant exam which placed him number 25 on the list. At this time, his application is pending with the Police Department. The NYPD has a stated policy that, in general, prohibits the hiring as a police officer of a person with a felony conviction.

Fully aware of his interest in law enforcement, on December 3, 2008, Plumbers Local 1 accepted him for membership in the union, and also admitted him into its apprenticeship program under the construction trades Helmets-to-Hardhats program. Originally funded by the Department of Defense, Helmets-to-Hardhats facilitates the transition from active duty to careers in the construction industry. Specialist Hernandez became a valued, hard-working union member and employee of a licensed plumbing business.

Recall to Active Duty

On August 19, 2009, Specialist Hernandez unexpectedly received orders recalling him to active duty with the 1st Battalion, 141st Infantry Regiment of the Texas National Guard for service in Iraq. On October 4, 2009, he reported to Fort Benning, Georgia where he underwent Infantry refresher training. His orders have been changed to deployment to Afghanistan with the 1st Battalion, 107th Infantry of the Connecticut National Guard. Military orders indicate that he will be released from active duty on November 14, 2010.

Rejection of Federal Employment Application

Specialist Hernandez has also applied for a federal law enforcement position. Subsequent to his recall to active duty, on September 28, 2009, Specialist Hernandez received notice that he was found unsuitable for the position of Physical Security Specialist (LESO) with the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) working for the Federal Protective Service (FPS). The FPS LESO is a sworn federal law enforcement officer with specialized training and expertise in physical security and risk mitigation for federal facilities. His prior felony conviction was the sole basis for denying his application for employment as an LESO. Specialist Hernandez had otherwise been found to be qualified and was tentatively selected for the LESO position.

Pardon Application

October 8, 2009, Specialist Hernandez requested executive clemency from the Governor of the State of New York in the form of a full pardon.

The request for a pardon is supported by:

1. the District Attorney of Queens County, New York City (Hon. Richard Brown)(“His rehabilitation has been complete.”);
2. the Vice Chief of Staff of the United States Army (GEN Peter Chiarelli)(“...has proven his maturity, integrity, courage, and commitment to the service of others...;”
3. two Congressional Medal of Honor winners (Paul Bucha, Jack Jacobs)(“He continues to serve where so many fear to go...,” “Specialist Hernandez has placed service and sacrifice above self...”);
4. a retired Justice of the Supreme Court of the State of New York (Edwin Torres)(“...served with distinction [and] serves as an example...”);
5. a former United States Attorney (Andrew Maloney)(“...exemplary American soldier and citizen...When you come home, we will be here for you.”);
6. the business manager of Plumbers Local 1 (George Reilly)(“...set an example by his own work ethic and commitment...”);
7. a retired NYPD Homicide Detective wounded on Pork Chop Hill (Randy Jurgensen)("It would have been my good fortune for [Specialist Hernandez] to have been my partner."); and
8. the Director of the Labor and Employment Law Program, School of Industrial and Labor Relations of Cornell University (Esta Bigler)("Specialist Hernandez is an important example of how people can transform themselves...").