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Philip W. Buchen Files
Philip Buchen's General Subject Files
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Independent regulatory commissions
Prisoners of war
Presidential appointments
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Vietnam War, 1961-1975
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The original documents are located in Box 25, folder "MIA's (2)" of the Philip Buchen Files
at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 25 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
December 24, 1974
FOR:
FROM:
JAY FRENCH
PHILIP W. BUCKEN BUCHEN
SUBJECT:
ENCLOSED PROPOSAL FROM
GENERAL LAWSON CONCERNING
MIA/POW MATTERS
Eva referred this memo to me for my information. I discussed
it with Ted Marrs and informed him that this is not a matter
requiring legal comment from our office.
It is my feeling that such a commission is improper. Intelligence
information should be capable of telling us whether there is a
substantial probability that a significant number of MIAs are alive.
If the information is positive, we do not need a commission to do
what we should do on our initiative, that is, pressure these countries
to account for these men. On the other hand, if the intelligence
information is negative, a commission would only wet an appetite
that could never be satified.
5
Enclosure
RALD CERALS LIBRANY FORD
THE WHITE HOUSE
WASHINGTON
Dec. 18, 1974
To:
Jay
From: Eva
Attached is a copy of
the memo Mr. Buchen
just received. FYI
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
December 18, 1974
MEMORANDUM FOR:
DR. TED MARRS
FROM:
GENERAL LAWSON
SUBJECT:
MIA/POW Matters
The attached draft proposal to the President has been forwarded to
Defense, State and NSC for approval, change, comment and coordi-
nation. Defense has concurred. Neither State or NSC has formally
responded, although I have been informally advised that some
resistance to the proposal is developing. I am pressing for a
decision in time to make an announcement on 27 January 1975 - the
second anniversary of our POW release. I will keep you advised.
1 Attachment
Draft Proposal
CC:
Mr. Marsh
Mr. Buchen
Mr. Baroody
MEMORANDUM FOR THE PRESIDENT
FROM:
MAJOR GENERAL LAWSON
SUBJECT:
Designation of a Presidential Task Force
for MIA/POW Matters
For several months the MIA/POW families have been search-
ing for a responsible means of realizing their objectives. After
Retention Copy Military Office
careful and intense study, they have come forward with a request
for the establishment of a "Presidential MIA/POW Task Force",
modeled along the lines of the Presidential Amnesty Commission.
(Tab A)
Upon receipt of the request, a study group was formed to
evaluate the proposal. We have now completed a series of meetings
with members of the National League of Families, Congress, the
Departments of State and Defense, and various other interested
individuals. From these discussions, the following general.ob-
servations were formulated:
(1) Family members are generally optimistic about the
potential value of such a commission. Although they are realistic
enough to understand that a commission cannot perform "acts of
magic," they do believe that the combined power of the legislative
and executive branches of government united under a Presidentially
directed organization could achieve some measure of success
LIBRARY GERALD ? FORD
-2-
At the minimum, they believe the commission would focus international
attention upon the failure of the North Vietnamese to comply with the
provisions of the Paris Peace Accords.
(2)
Members of Congress have already issued statements
suggesting creation of either ? Presidential Task Force or a
Congressional Task Force to "investigate and make recommendations
regarding the conduct of the MIA/POW program." (Tab B)
Congressional interest in the MIA/POW issue has increased in the
past six months. Amend iments to the Foreign Trade Bill and
the Military Construction Bill were initiated and only narrowly missed
enactment. Both State and Defense have registered concern for the
impact which these amendments could have had upon cristing
programs (Tab C and Tab D).
(3)
The Supreme Court decision which upheld the lower
courts' actions in the McDonald versus McLucas case (permitting
the redesignation of certain MIA/POW's to that of Presumptive
Finding of Death [PFOD]) gives the green light to service secretaries
to hold independent hearings and reviews on all MIA/POW cases
immediately if they so desire. This issue is one of the most
controversial aspects of the entire MIA/POW program. Currently
because of White House guidance, redesignation hearings are only
held FORD LICENSE when
requested by a family member. Some members (primarily wives)
would privately prefer to have the redesignation program proceed - but,
- -3-
they cannot bring themselves to be the initiating factor. Others
(primarily parents) have and will continue to use every possible means
of delay to obstruct redesignation action. By law, this action cannot
be held up much longer. A commission would be a most useful means
to publicly illuminate all aspects of this very difficult question.
After careful consideration of all aspects of the National
League of Families proposal, the study group has concluded that the
formation of a Presidential Task Force for MIA/POW Matters is
timely and could serve an extremely useful function in the fi: al
resolution of the Vietnam era MIA/POW issue. It is recognized that
there are certain inherent dangers associated with the establishment
of Presidentially appointed commissions, in that occasionally their
recommendations tend to be narrowly focused and cannot be implemented
when viewed in the context of national policy. However, in this case,
the question does not appear to be - "Will there be a commission?",
but "Who will initiate a commission." The mood of Congress is quite
clear. If the Executive Branch does not initiate action fairly quickly,
a Congressional task force will almost certainly be appointed to
accomplish the study. Neither the families nor the representatives
of Defense or State Departments favor that action. Considering all
aspects of the current situation, it is recommended that you establish
Presidential Task Force for MIA/POW matters.
LIBRARY GERALD
The Department of State and the Department of Defense concur
with this recommendation.
If you agree, a working group consisting of White House,
Defense and State Department personnel will be established in order
to develope the specific guidelines for the task force in order that
you might present this information to the National League of Families
at the earliest possible date.
APPROVE
DISAPPROVE
LET'S DISCUSS
1 Attachments
LIBRARY GERALD P. FORD
FORD.
BRAAT
is
GLRATO
NATIONAL LEAGUE OF FAMILIES
OF AMERICAN PRISONERS AND MISSING IN SOUTHEAST ASIA
1603 K STREET, N.W., WASHINGTON, D. C. 20006 (202) 628-6811
September 30, 1974
PRESIDENTIAL TASK FORCE --- POW/MIA
I. Why a Task Force?
The responsibility for obtaining a successful resolu-
tion of the POW/MIA issue should be centralized. Previously the
issue has been a concern of the Executive Branch including State
Department, Defense Department, and the Congress. It has lacked
the cohesiveness that a commission directly responsible to the
President would have. Therefore, it seems desirable- even
imperative that a Presidential Task Force be established.
II. Make Up of Task Force
Of course the President would determine the make up.
But, because we so fervently desire an acceptable determination
of the fate of our men, we are bold enough to make these suggestions:
1. Someone from the Executive Branch to chair
the commission.
2. Senate representation.
3. House representation.
4. State Department representation.
5. Department of Defense representation.
6. National League of Families representation.
7. Members of other agencies could be used as
consultants as the need arises; i.e., Justice
Department, J. C. R. C. Team, Four Party
Joint Military Team, Red Cross, etc.
III. Purpose, Objectives, and Responsibilities of Task Force
plan for obtaining an honorable resolution of the POW/MPA issue AND
I. Very simply to develop, coordinate and execute
as quickly as possible.
2. It is easy to state simply and succinctly the
purposes and objectives. The difficulty is in developing a plan
and then in executing such a plan. This will require diligent
chinking and rethinking, but the following might be used as a
use which may be altered and enlarged upon as we proceed towards
the goal.
The Task Force, as an arm of the government and directly
responsible to the President shoud:
2.1 Seek ways to bring world-wide attention to the
fact that the government of North Vietnam and the leaders of the
Provisional Revolutionary Government (Viet Cong) are not abiding
by international agreements which were witnessed by and attested
to by other governments.
2.2 Use the United Nations and other world forums to
call upon other governments of the world that are signatory to the
Geneva Convention, to demand publicly and through official govern-
ment channels that the DRV and PRG abide by international agreements.
2.3 Observe closely the coalition government in Laos
and use all the means available to us to get cooperation and
assistance in obtaining an acceptable accounting and return of
all POW's according to the Laotian protocols.
2.4 Use all available means to obtain an acceptable
accounting and return of all POW's who may be in areas outside
of North Vietnam, South Vietnam, and Laos. These would include
but not be limited to Red China and Cambodia.
2.5 Study the possibility of applying economic pressure
in obtaining an acceptable accounting, not only to North Vietnam
but to any country that has not to our government's satisfaction
pressured the DRV, PRG, Pathet Lao, and Khner Rouge to honor
their commitments.
2.6 Send a high ranking U. S. envoy to Southeast Asia
to go from capital to capital (from Saigon to Phnom Penh to
Vientiane to Hanoi to Peking) to try to gain entry into areas
presently controlled by Communists for our J. C. R. C. Team, the
International Red Cross, or neutral countries, so such teams
could search out crash and incident sites, talk with natives,
and try to obtain the honorable accounting we desire.
2.7 Seek out governments from neutral countries that
would volunteer to send in teams to inspect crash and incident
sites if such arrangements could be negotiated.
BLD
FORD
2.8 Work closely with our J. C. R. C. Team, the Four
Party Joint Military Team, and other existing agencies engaged AND
in
Southeast Asia that could help in the POW/MIA issue.
- 3 -
IV. Funding
The Task Force should be specially funded for a given
period of time--say four months. During this time the Task Force
!ould exert maximum effort in developing and executing a plan.
..e 120 days would end about January 27, 1975, which is the
second anniversary of the signing of the Paris Peace Agreements.
V. Reporting
The Task Force should issue reports periodically, the
first report to be issued within one month from its organizational
meeting and monthly thereafter or more frequently if deemed
necessary. The final report should be given approximately
January 27, 1975, at which time the commission could assess the
situation and recommend that the Task Force be disbanded or con-
tinued depending on the situation at that time.
PRESIDENT
CHAIRMAN TASK FORCE
NATIONAL
HOUSE
LEAGUE OF FAMILIES
STATE
DEFENSE
SENATE
LIBRARY GERALD R. FORD
ECM:dib
FORD LIBRARY
4
Los Angeles, Cal 90024
Phone: 213/824-7755 or
824-7344
September 25, 1974
FOR IMMEDIATE RELEASE
U.S. Senator Alan Cranston announced today that he will ask President
Ford to create a special board of inquiry to review all existing government pro-
cedures and policies relating to Americans still missing-in-action in Southeast
Asia.
Cranston said that if the President cannot create such a board by executive
order, he will initiate legislation establishing the board.
"Many Americans, said Cranston, "have already begun to forget the war
in Vietnam. But for wives and families of those men whose fate is still uncertain,
the memory of that cruel and tragic conflict is very fresh indeed. For them, the
anguished uncertainty continues day after day."
"I believe that a board of inquiry would be able to make badly-needed
comprehensive recommendations as to what the federal government can do to'
settle once and for all the question of the fate of those Americans who are still
missing and unaccounted for.
"The board should include in its review of existing policies and procedures
a thorough examination of Department of Defense practices with regard to MIAs
and POWs, as well as recommenidations for needed legislative and executive
action.
"Specifically, the board should:
GERALD
LIBRAR
"1. Determine if the State Department is actively seeking an end to the war
in Vistram so that search teams may conclude--by examining crash and grave
allos--whether any Americans remain alive in Communist-controlled territory.
"2. Review Department of Defense policies and regulations on determining
intasing and unaccounted for.
"The board should include in its review of existing policies and procedures
a
thorough examination of Department of Defense practices with regard to MIAs
and POW S, as well as recommendations for needed legislative and executive
action.
"Specifically, the board should:
"1. Determine if the State Department is actively seeking an end to the war
in Vietnam so that search teams may conclude--by examining crash and grave
sites--whether any Americans remain alive in Communist-controlled territory.
"2. Review Department of Defense policies and regulations on determining
the status of missing-iu-action.
"3. Recommend to the Administration and the Congress any legislation
needed to correct current problems regarding DOD policies and regulations. "
Cranston noted that the Senate Committee on Finance has adopted, as
Title IV of the Trade Reform Act, language which reflects amendments offered by
more
LIBRARY GERALD R. FORM
IAs--add one
enators Chiles and Gurney of Florida conditioning the extension of most-favored-
ation treatment and government credits to non-market economies upon 2
residential determination that such countries had undertaken to obtain the
ooperation of the pertinent governments in Southeast Asia in locating U.S.
ersonnel missing in action, repatriating those who are alive, and in recovering
he remains of those who are dead.
Earlier the Senate adopted, as part of the Military Construction Authoriza-
ion Act, a provision--of which Cranston was the prime cosponsor--stating that:
No change in the status of any member of the uniformed services who is in
L missing status may be made unless and until two provisions have been fulfilled.
First, the President must determine and notify the Congress in writing that all
reasonable actions have been taken to account for such members, and that all
reasonable actions have been made to enforce the provisions of Article 8 (b) of the
Paris Peace Accord. Second, the service Secretary concerned must notify that
person's next-of-kin in writing of the proposed change in status. The next-of-kin
then has 60 days after receipt of notification of the proposed change in status to
file an objection to the change.
"These are important steps toward resolving the question of MIA
SERATE and FORD ANSURA
POWs fairly and compassionately, " Cranston said.
"Creation of a board of inquiry would be another important step toward
to the long-suffering relatives of our men that the govez
this tragic problem."
Paris Peace Accord. Second, the service Secretary concerned must nouty that
person's naxt-of-kin in writing of the proposed change in status. The next-of-kin
then has 60 days after receipt of notification of the proposed change in status to
file an objection to the change.
"These are important steps toward resolving the question of MIAs and
POWs fairly and compassionately," Cranston said.
"Creation of a board of inquiry would be another important step toward
demonstrating to the long-suffering relatives of our men that the government is
giving priority to this tragic problem."
- 0 -
CD
FORD LIBRA
FO : e
033470
DEPARTMENT OF STATE
Washington, D.C. 20520
December 7, 1974
Honorable Russell B. Long
Chairman, Committee on Finance
United States Senate
Dear Mr. Chairman:
This letter responds further to questions from several
Members of the Committee during the Secretary's testimony
December 3 concerning the Gurney-Chiles amendment (Sec.
403) to the Trade Reform Act, which calls on the Soviet
Union and other nonmarket economy countries to help us
achieve an accounting for Americans who are missing in
action in Southeast Asia, including the repatriation of
any men who may still be alive and the return of the
remains of the dead.
It goes without saying that the Administration shares the
concern expressed by this amendment about North Vietnam's
failure to account adequately for our men lost in Southeast
Asia. We have pressed the communist authorities in
Indochina repeatedly on this subject, and the Secretary
has raised it personally with the Soviet and Chinese
leaders. We have stated that there can be no considera-
tion of economic assistance or other forms of accormoda-
tion with Hanoi until there is satisfactory compliance
with the provisions of the Paris Agreement, including its
missing in action requirement. When the Secretary met at
the United Nations with the Foreign Minister of Laos, who
represents the Pathet Lao side in the coalition government,
he made clear the importance we attach to search efforts
for our men missing in that country. The U.S. took the
initiative at the United Nations to sponsor a resolution
on accounting for the missing and dead in armed conflicts,
which was overwhelmingly approved by the General Assembly
on November 6. Our actions will continue with seri
determination until we have obtained the fullest
information on our men.
DERAZO Ossible IDENTIBRA
- 2 -
Although we agree with the aim of the Gurney-Chiles
amendment, we are concerned that its reporting require-
ments will hinder, rather than advance, achievement of
that objective. As the Secretary indicated in his response
to questions, it is simply unrealistic to expect progress
in this important matter on the basis of efforts which are
publicly disclosed. We assure the Committee we will con-
tinue our efforts to enlist Soviet cooperation on this
subject, but to give this any chance of success, we hope
the amendment can be stated as the Sense of the Congress,
and that the reporting requirement can be removed. We of
course do not wish to have the bill delayed by amendments
on the floor but would hope this section could be adjusted
in Conference.
If we can provide further information on this subject,
I hope you will let me know.
Linwood Holton
Assistant Secretary
for Congressional Relations
&
GERALD
LIBRARY
8
LIBRAR
FORD FO :
&
BERALD
ASSISTANT SECRETARY OF DEFENSE
WASHINGTON, D. C. 20301
SDEC 1974
INTERNATIONAL SECURITY AFFAIRS
MEMORANDUM FOR GENERAL LAWSON
SUBJECT: Accounting for Missing Servicemen
The Vietnam Ceasefire Agreement, signed in January 1973, in addition
to providing for the return of prisoners of war and civilian detainees,
made provision for an accounting for those missing U. S. servicemen and
civilians who did not return. Now, almost two years later, that ac-
counting has not been accomplished and the Military Services continue
to carry over 900 men in a missing status. The inability of the Military
Services and our government to obtain compliance from North Vietnam and
its allies with Article 8(b) of the Ceasefire Agreement, which obligates
the signatories to cooperate in efforts to account for the missing, has
resulted in great frustration and continued anxiety for the families of
those who did not return from Southeast Asia. Much of this frustration
has been directed at the Department of Defense. The resulting situation
in which we find ourselves, and which will be described below, pleases
no one.
Some next of kin are vehemently opposed to the change in status of their
loved one from missing in action or prisoner to deceased. Others would
like the Services to continue with status reviews but cannot bring them-
selves to comply with current Service procedures which have evolved as a
result of the sensitivity of this issue. Congress has also consistently
expressed great interest in the issue of accounting. This interest has
recently been expressed by the introduction in Congress of measures which
would severely restrict the ability of the Military Services to deal with
the problem of their members who become missing in either wartime or
peacetime.
As you are well aware, the majority of our efforts to obtain an accounting
for our men who did not return have been put forth by our delegates to the
Four-Party Joint Military Team in Saigon. Although we have continually
pressed the other side in that forum on their clear obligation under Article
8(b) of the Paris Agreement concerning this purely humanitarian issue, we
have achieved only minimal results. The only substantive response has been
the return to us last March of the remains of 23 American servicemen whom
the DRV reported as having died in captivity. The remains of some 17 other
&
FORD
GERALD
LIBRARY
2
Americans have been recovered through the activities of our Joint
Casualty Resolution Center which is based in Thailand. Thus far,
the Center has been restricted to uncontested areas of South Vietnam
in conducting field searches.
When our men returned from enemy captivity in early 1973, they were
able to provide information which allowed resolution of fewer than
100 cases of the 1363 servicemen who had remained unaccounted for at
the time the repatriation was. completed. On 20 July 1973, a law suit
(McDonald V. McLucas) was filed against the Secretaries of the Military
Departments in an effort to halt changes from missing status to de-
ceased. The resultant Temporary Restraining Order handed down by the
Court restricted the Secretaries to reviews of and changes to the status
of missing servicemen to only cases in which the primary next of kin re-
quested the appropriate Secretary in writing that he not delay action on
the case based on information in his possession. The final decree in
McDonald V. McLucas, entered on 11 March 1974, required that the Secretaries
afford certain rights, including that of a hearing, to those next of kin
currently receiving governmental financial benefits prior to a review of
their missing service member relative's case which could result in a find-
ing of death. By early April 1974, the Services had developed and imple-
mented regulations to conform with the requirements of the decree. Ad-
ditionally, at that time, we were informed that the decision would be
appealed to the Supreme Court by plaintiffs' counsel. The appeal was
subsequently tiled, and the Supreme Court affirmed the decision of the
lower court on 11 November 1974. We have been informed that the deadline
for an appeal for a rehearing by the Supreme Court is 6 December 1974,
and that as of yet, it has not been filed. The case remains technically
active in that regard, although we believe that the granting of such an
appeal is unlikely.
With these legal entanglements now practically behind us, I believe it is
time for a look at where we have been and where we should go. An assess-
ment should be made now of our efforts to achieve the accounting required
by Article 8(b), together with consideration of further status reviews
and changes. The mechanism exists in the Services to proceed in an orderly
fashion in accordance with the requirements of the decree with those cases
which warrant review. Some reviews will continue to be made based on the
recovery and identification of remains. Others will be warranted because
of the receipt of new information, or information which verifies that which
is currently possessed. Still other cases may warrant review simply be-
cause of the dim prospect for the survivability of the incident itself, the
fact that our returnees could add nothing to known information which would
is
FORD
GERALD
LIBRARY
3
indicate survival, and even the receipt of additional information,
which might be given by the other side in some future compliance with
Article 8(b), would not include additional data in a number of cases.
Although the obligation for the other side to account for our men is
clear in application to both the missing and the dead, the interpreta-
tion made by many is that once a change is made to deceased, the other
side is relieved of their accounting responsibilities. Recent proposed
legislation reflecting this view attempts to attach unreasonable con-
straints on the statutory authority of the Secretaries under 37 United
States Code to make findings of death, and based on the hope that some-
how, if there is a halt in status changes, the other side will come
forth with an accounting. Our review of the past plenary sessionsof
the Four-Party Joint Military Team reveals that the other side fully
realizes the importance we place on the accounting for our missing and
the return of the remains of the dead; therefore, they will continue to
stall and rebuff our efforts in this area until internal pressure here
will result in their achievement of political and military concessions
which they have previously been unable to gain.
I believe the Services have proceeded thus far in an extremely conserva-
tive fashion in their reviews of the cases of their missing servicemen.
They have continued, as in the past, to honor family requests for reviews.
At the present time, no hearings or reviews are being scheduled by the
Services except in those cases where the primary next of kin requests a
hearing, or where new and significant information, such as the recovery
and identification of remains, is forthcoming. As you know, the views
of next of kin vary on this issue, and often have caused dissention within
the same family. We know there are cases which warrant review and the re-
quest for which would never be sent by the wife. Many feel they could ac-
cept a change, but not if a need existed for them to initiate the action.
Testimony to this effect was recently given by family members before the
House Armed Services Committee in connection with consideration by Sub-
committee Number Two of proposed legislation to restrict status changes.
In summary, I believe the situation should be studied in light of the
current and foreseen environment so that we can chart a proper course
of action.
Rigst E. Shindah
ROGER E. SHIELDS
Deputy Assistant Secretary
LIBRARY GERALD R. FORD
For Jay French
NATIONAL LEAGUE OF FAMILIES
OF AMERICAN PRISONERS AND MISSING IN SOUTHEAST ASIA
Mrs. Ann Griffiths, State Coordinator, Southern California
6575 Christine Circle, Buena Park, CA 90620
November 14, 1974
Dr. Theodore Marrs
Special Assistant to the President
The Whitehouse
Washington, D.C.
Dear Dr. Marrs:
I wanted to thank you for taking the time to discuss what I know to
be our mutual concern of obtaining the accounting. I greatly
appreciated our very frank discussion of this situation and related
matters.
In attempting to convince the families that bitterness should not be
aimed at our current President, I have to say that most families feel
President Ford is the only one who actually can help us obtain the
information we must have in order to feel any real peace within our-
selves. It really would not matter who occupied the presidency, the
frustration would still be vented upon that person. They would con-
sider it irrelevant that President Ford was not initially to blame,
only that he can help us now and has not yet acted with the strength
and determination they feel is mandatory.
I share your view that there is no person who can negotiate from a
position with nothing to offer. The leverage must be there. What can
we do to help our leaders gain the leverage? We must have suggestions
before we can attempt to help. So many of the families have already
waited SO long that their patience has worn quite thin. Almost to a
member, the families were relieved and happy when Mr. Ford became
the President and they all shared the expectancy that now, finally,
something would be done. It is imperative that we have an all-out
effort for a solution immediately, and I know you certainly share the
urgency we all feel.
We anxiously await further word from General Lawson on the formation of
a special committee of qualified persons who might be able to advise FOR
the President in a positive manner. Until then I know we must maintaino
patience in spite of the impatience which often engulfs us. Again, BE thank
you for your concern, efforts and time.
Sincerely,
an Mills Sriffitter
Ann Mills Griffiths
(714) 826-3110 or (714) 893-7531
THE WHITE HOUSE
WASHINGTON
December 16, 1974
MEMORANDUM FOR:
GENERAL LAWSON
FROM:
DR. MARRS
Dick - the attached letter from Ann Mills Griffiths
is characteristic of the thinking of a number of
families of MIAs. Few have been quite as reserved
however.
The establishment of a committee would be a welcome
indicator of interest to all - and announcement of
such before Christmas would be particularly appre-
ciated. By the way, December 27 or 28th is date
considered as MIA "anniversary."
As you know, prior to my opportunity to sample the
sincerity and depth of pained feelings in regard to
the Clemency Board I did not support such a Committee.
Now I am convinced it is a moral obligation.
If there is any way I can be of assistance let me
know.
I still cannot guarantee specific recommendations or
whitewash - and don't expect the latter. Good selec-
tion of the committee can preclude a disaster type
product.
Enclosure
CC: Mr. Marsh
Mr. Buchen
Mr. Baroody
General Scowcroft
a.
FORD
GERALD
LIBRABY
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date:
January 22, 1975
Time:
FOR ACTION: Phil Buchen
CC (for information):
FROM THE STAFF SECRETARY
DUE: Date:
Time:
SUBJECT:
Lawson memo (1/20/75) re: Designation of
a Presidential Board for MIA Matters
ACTION REQUESTED:
For Necessary Action
X
For Your Recommendations
Prepare Agenda and Brief
Draft Reply
XFor Your Comments
Draft Remarks
REMARKS:
LIBRARY GERALD R. FORD
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate a
delay in submitting the required material, please
Jerry H. Jones
telephone the Staff Secretary immediately.
Staff Secretary
THE WHITE HOUSE
WASHINGTON
January 20, 1975
MEMORANDUM FOR THE PRESIDENT
FROM
MAJOR GENERAL LAWSON
SUBJECT
Designation of a Presidential Board
for MIA Matters
For several months the MIA families have been searching for a
responsible means of realizing their objectives. After careful
and intense study, they have come forward with a request for
the establishment of a "Presidential MIA Board", modeled along
the lines of the Presidential Amnesty Commission.
Upon receipt of the request, a study group was formed to evaluate
the proposal. We have now completed a series of meetings with
members of the National League of Families, Congress, the
Departments of State and Defense, and various other interested
individuals. From these discussions, the following observations
were formulated:
(1)
Family members are generally optimistic about
the potential value of such a group. Although they are realistic
enough to understand that a Board cannot perform "acts of magic,"
they do believe that a Presidentially directed organization might
achieve some measure of success. At the minimum, they believe
the activities of the Board would focus international attention upon
the failure of the North Vietnamese to comply with the provisions
of the Paris Peace Accords.
(2)
Members of Congress have already issued state-
ments suggesting creation of either a Presidential Board or a
Congressional Committee to "investigate and make recommenda-
tions regarding the conduct of the MIA program. 11 Congressional
interest in the MIA issue has increased in the past six months.
Restrictive amendments to the Foreign Trade Bill and the Military
Construction Bill on this subject were initiated and only narrowly
missed enactment. Both State and Defense have registered cort@emn
for the impact which such amendments could have had upon existing.
programs.
GERA
LIBRARY
-2-
(3)
The Supreme Court decision which upheld the lower
courts' actions in the McDonald versus McLucas case (permitting
the redesignation of certain MIA to that of Presumptive Finding of
Death [PFOD] - gives the green light to service secretaries to hold
independent hearings and reviews on all MIA cases immediately if
they so desire. This issue is one of the most controversial aspects
of the entire MIA program. Currently, redesignation hearings are
only held when requested by a family member. Some members
(primarily wives) would privately prefer to have the redesignation
program proceed - but, they cannot bring themselves to be the
initiating factor. Others (primarily parents), have and will con-
tinue to use every possible means of delay to obstruct redesigna-
tion action. By law, this action cannot be held up much longer.
A Board would be a most useful means to publicly illuminate all
aspects of this very difficult question, and to develop recommen-
dations for the resolution of the matter.
The study group recognized that there are certain inherent dangers
associated with the establishment of Presidential Boards.
(1)
Some recommendations of similar groups have
tended to be narrowly focused and could not be implemented when
considered in the context of total national policy. (This is a potential
problem in this case since one of the most frequent proposals from
the MIA community is the adoption of foreign trade restrictions
designed to force access for search and identification teams into
North Vietnam and other communist occupied areas.)
(2)
The recommendations of Presidential Boards seldom
satisfy everyone concerned with the issue. In this case, it is the
study group's conclusion that approximately 80% of the family mem-
bers will be satisfied with the recommendations of the MIA Board,
primarily because they know that their issue was carefully consid-
ered by the very top leadership of the nation.
(3)
The news media has sometimes postulated that the
very act of establishing a "Presidential Group", in itself, implies
the existance of a serious problem.
Despite the dangers cited above, the study group's final conclusion
was that the formation of a Presidential MIA Board is timely and
would serve an extremely useful function in the resolution of Vietnam
era matters.
R.
GERALD
FORD
-3-
This recommendation was primarily influenced by the following
observations:
(1)
The programs and actions taken on behalf of the
American MIA and Unaccounted for in Southeast Asia have been
recognized by all nations as models of concern, interest and
coordinated governmental action. These programs should be
reviewed, analyzed and documented. Family members do not
have a concise, complete view of the total actions taken by their
government in support of the POW's, MIA's, and unaccounted for
personnel. This review would do much to mute those charges which
have been made that "the government doesn't care."
(2)
There is strong evidence that the question is not -
"Will there be a Board?", but, "Who will initiate the Board?"
The mood of Congress is quite clear. If the Executive Branch
does not initiate action within the immediate future, a Congres-
sional committee will almost certainly be appointed to accomplish
the study. Neither the families nor the representatives of the
Defense or State Departments favor that action.
(3)
As a result of modern communications and the
extended duration of the Vietnam Conflict, the families of the
POW, MIA and unaccounted for personnel became acquainted and
formed organizations for mutual support. These groups have
not dissolved as they have in the aftermath of previous conflicts.
Indeed the principal organizations seem to be stronger than ever.
They are well funded, have strong leadership, and they are now
achieving the autonomy of purpose which they seemed to lack in
the past. During the recent holiday season, over 65,000 Christmas
cards were addressed to the MIA's and mailed to various govern-
ment agencies, "to be delivered to addressee at current location. "
Marches and demonstrations are becoming more vocal and demon-
strative. They have come to believe that only in this manner can
they achieve their objectives. It is the considered, collective judge-
ment of the study group that these groups will not "go away" without
an overt action on the part of the government.
(4)
The responsible family members look to the estab-
lishment of the Presidential Board as the "Beginning of the End"
to their long vigil. Certainly they do hope that the activities of
the Board will focus international attention on their problem and
will result in a relaxation of restrictions on search and identifi-
&
cation team movements. However, none of them believe that
FORD
military force could or should be employed to force entry, just
as the thought of additional Americans being killed while on search BERALD
LIBRARY
-4-
and identification missions is especially repugnant to them. The
families' concept of a Presidential Board is an organization which
will review and document the past, assess the present and make
responsible recommendations for the future. They believe an
independent Board would be less bound to the past than a similar
group made up of administration officials, congressmen, or even
family members. While the thought is never openly stated, it is
evident that more than anything the families want this matter to be
brought to a conclusion. A final report of a Presidential Board
represents the end that they seek. In their minds, the establish-
ment of a Presidential Board is their proof that the country did
care - that they as a group had succeeded in getting their issue to
the very top, and that the final resolution of their problem had been
reviewed by the President himself. Thus, the imperative for a
"Presidential Board. Anything less, in their eyes, means one
more step that could and therefore must be taken. Most importantly,
the study group is convinced that the majority of the families have
privately agreed that the findings and recommendations of the Board
will represent the last word. If the Commission reports to the
President that "All has been done that can be done, " these family
members are ready to disband, and return to their lives,
For these reasons, the Study Group recommends the establishment
of a Presidential MIA Board. The Departments of State and Defense
concur with this recommendation.
The second anniversary of the signing of the Paris Peace Accords
is January 27, 1975. This date has assumed great significance among
all MIA groups. A large national meeting is planned here in
Washington beginning January 25 and ending with a series of events
commemorating the anniversary on January 27, 1975. It is recom-
mended that you support these activities by meeting in the Oval
Office with the Board of Governors of the National League of
Families, and issuing a proclamation declaring January 27, 1975
as "National MIA Awareness Day". This proclamation should be
issued on January 25, in order to permit appropriate planning
to occur around the nation. If you agree with the designation of a
Board, it is further recommended that you sign the Executive
Order creating the Board at this time. Approximately 16 family
members can be expected to attend such a signing ceremony.
APPROVE
DISAPPROVE
is
FORD
LET'S DISCUSS
GERALD
LIBRARY
- -5- -
Attachments
TAB A - Executive Order establishing MIA Board
TAB B - Listing of Potential Board Members
TAB C - Proclamation declaring January 27, 1975
as "National MIA Awareness Day"
:
GERALD
FORD LIBRANT
EXECUTIVE ORDER
Establishing a Board on United States personnel missing
or unaccounted for in Southeast Asia.
By virtue of the authority vested in me as President of
the United States by the Constitution and statutes of the United
States, I hereby order as follows:
Section 1.
Establishment of the Board. There is hereby
established in the Executive Office of the President, a board of
eight members, which shall be known as the President's MIA Board.
The members of the Board shall be appointed by the President, who
shall also designate its Chairman.
Section 2.
Functions of the Board. The Board shall
examine and review the efforts that have been made to obtain an
accounting for United States personnel missing or unaccounted
for in Southeast Asia, and shall make recommendations to the
President regarding the future conduct of this vital program. Pur-
suant to the realization of this objective, the following areas of
interest are identified as starting points for the Board's study:
2.1.
Review and evaluate actions of the Executive
Branch of government in support of the national program on
United States personnel missing or unaccounted for in Southeast
Asia.
2.2. Describe and document the failure of the
communist authorities to account for the missing and to return
the remains of the dead, as provided in the Vietnam and Laos
Agreements.
2.3.
Consider what further actions can be taken
to obtain information on United States personnel missing or
unaccounted for in Southeast Asia.
2.4. Explore means by which search efforts can
be undertaken for crash and incident sites and other information on
United States personnel missing or unaccounted for throughout
Southeast Asia.
&
FURD
GERALD
LIBREPA
-2-
2.5.
Review existing laws, regulations, and pro-
cedures on United States personnel missing or unaccounted for in
Southeast Asia to insure their current suitability and effectiveness,
and, if appropriate, to recommend changes and deletions thereto.
Section 3.
Compensation of Board Members. Each
member of the Board, except any member who then receives other
compensation from the United States, may receive compensation
for each day he or she is engaged upon the work of the Board, not
to exceed the daily rate now or hereafter prescribed by law for
persons and positions in GS-18, as authorized by law (5 U.S. C. 5703)
for persons in the government service employed intermittently.
Section 4.
Funding of the Board. Necessary expenses
of the Board may be paid from the Unanticipated Personal Needs
Fund of the President, or from such other funds as may be avail-
able.
Section 5.
Administrative Services and Support for the
Board. Necessary administrative services and support may be
provided the Board by the General Services Administration on a
reimbursable basis.
Section 6.
Informational and Technical Support of the
Board. All departments and agencies in the Executive branch
are authorized and directed to cooperate with the Board in its
work, and to furnish the Board all appropriate information and
assistance, to the extend permitted by law.
Section 7.
Tenure of the Board. The Board shall sub-
mit its final recommendations to the President not later than
June 30, 1975, at which time it shall cease to exist.
THE WHITE HOUSE
January 25, 1975
LIBRARY GERALD R.
POTENTIAL CHAIRMAN OF THE BOARD
The study group was unanimous in its recommendations that
Ambassador Bunker be nominated for selection as Chairman
of the Board. Because of the potential workload associated with
the position, Mr. Bunker was contacted and indicated tentatively
that he would serve as Chairman of the Board -- if such a Board
were established and if he was appointed.
POTENTIAL BOARD MEMBERS
The list of potential Board members was developed after careful
review of capabilities and demonstrated public service. None of
these individuals has been contacted regarding service on the
Board, however, each has indicated a willingness to serve in
support of this matter in the past. With your approval, contact
will be established.
LIBRARY GERALD R. FORD
POTENTIAL BOARD MEMBERS
HONORABLE ELLSWORTH BUNKER
Ambassador-at-Large
Department of State
22nd and C Streets, N. W.
Washington, D. C. 20520
Mr. Frank T. Cary
Chairman of the Board
International Business Machines
Armonk, New York 10504
Lieutenant General Charles A. Corcoran
United States Air Force (Retired)
3819 Prince William Drive
Fairfax, Virginia 22003
Mr. Charles Duncan
Dean, Howard University Law School
2935 Upton Street, N. W.
Washington, D.C. 20008
Mr. George Elsey
President, American Red Cross
1730 E Street, N. W.
Washington, D.C. 20006
Lieutenant General Alvan C. Gillem II
United States Air Force (Retired)
2408 Belcher Drive
Montgomery, Alabama 36111
Mr. Jerome Holland
in
President, Hampton Institute
FORD
Suite 1490
GERALD
270 Park Avenue
LIBRARY
New York, New York 10017
-2-
Mr. Gilbert Jones
Vice Chairman of the Board
International Business Machines
Armonk, New York 10504
Mr. Tom Jones
President and Chairman of the Board
Northrop Corporation
1800 Century Park East Century City
Los Angeles, California 90067
Dr. George Kozmetsky
Dean, Graduate School of Business
University of Texas BEB 203
Austin, Texas 78712
Mrs. Oswald B. Lord
Formerly Ambassador to Human Rights Commission
770 Park Avenue
New York, New York 10021
Admiral John S. McCain
United States Navy (Retired)
2101 Connecticut Avenue, N.W.
Washington, D.C. 20006
General John C. Meyer
United States Air Force (Retired)
TAB Communications Incorporated
410 32nd Street
Newport Beach, California 92660
Major General John Murray
United States Army (Retired)
Vice President
Association of American Railroads
1920 L Street, N. W.
Washington, D.C. 20036
LIDRARY GERALD ? BERALD R. FORD
- -3-
Dr. Dallion Oakes
President
Brigham Young University
Provo, Utah 84601
Mr. David Packard
Chief Executive
Hewlett-Packard
4 Choke Cherry Road
Rockville, Maryland 20850
Mr. T. A. Wilson
Chairman of the Board
The Boeing Company
Post Office Box 3707
Seattle, Washington 98124
Announcing the designation of January 27, 1975, as National MIA
Awareness Day.
By the President of the-United States of America
A Proclamation
January 27, 1975, marks the second anniversary of the
signing of the Paris Agreement on Ending the War and Restoring
the Peace in Vietnam. Although that Agreement contains specific
obligations on accounting for the missing and the return of the
remains of the dead, the communist authorities have failed to
provide information on Americans missing in Southeast Asia, or
to complete the return of the remains of our dead. Over 2400
Americans are still unaccounted for -- some 900 of them still
listed as missing, the remainder declared dead with their bodies
never recovered. The families of these men continue to live with
the anguish of uncertainty about the fate of these loved ones.
NOW, THEREFORE I, Gerald R. Ford, President of the
United States of America, do hereby designate Monday, January 27,
1975, as National MIA Awareness Day, a day dedicated to the many
Americans who remain missing or unaccounted for in Indochina,
and to their families. I call upon all Americans to join in this
occasion in voicing the clear, continuing commitment of the
American people and their government to seek the fullest possible
accounting for Americans missing in Southeast Asia and the
return of the remains of those who died. As an expression of that
commitment, I have this day ordered the establishment of a
Presidential Board on United States personnel missing or unaccounted
for in Southeast Asia. It shall be the responsibility of this board to
review all aspects of our national program on this subject and to
is
FORD
GERALD
LIBRARY
-2-
develop and make recommendations for achieving our national goal
as previously cited -- "the fullest possible accounting for Americans
missing in Southeast Asia and the return of the remains of those
who died. "
IN WITNESS THEREOF, I have hereunto set my hand this
twenty fifth day of January, in the year of our Lord nineteen
hundred seventy-five and of the Independence of the United States
of America the one hundred ninety ninth.
FORD is LIBRARY 074439 39
M/A
Wednesday 1/22/75
file
5:45 Geof Shepard brought this over -- would like your
comments tonight or first thing in the morning.
They want to get it in to the President tomorrow.
As requested, here are Mr. Areeda's comments.
Outen fill
LIBRARY CERALO FORD E
THE WHITE HOUSE
ACTION
WASHINGTON
January 22, 1975
MEMORANDUM FOR THE PRESIDENT
FROM:
KEN COLE
SUBJECT:
Designation of Presidential Board
for MIA Matters
Attached at Tab A is a memorandum from General Lawson
advocating three items:
-- (1) Issuance of a Presidential proclamation declaring
January 27, 1975 (the second anniversary of the
signing of the Paris Peace Accords), to be "National
MIA Awareness Day. 11
-- (2) Issuance of an Executive Order designating a
Presidential MIA Board to investigate and recommend
actions in this area.
--
(3) An Oval Office meeting with the Board of Governors
of the National League of Families this Saturday,
January 25, when you would sign both the Proclamation
and the Executive Order.
Neither the proposed Proclamation nor the proposed meeting
with sixteen representative families are particularly controversial.
The Proclamation is an appropriate and reasonable designation
and provides a convenient reason for meeting with MIA representa-
tives if you have not already done SO.
There is, however, a great deal of controversy over the wisdom
of the Executive Order creating a Presidential Board for MIA
LISTARY
- 2 -
matters. General Lawson indicates that the families favor one
and that Congressional interest is growing. However, such a
Board runs the substantial risk of thrusting you personally into
an area of past controversy which you bore no responsibility
for creating and for which there is absolutely no hope of solution.
Clearly, the expectations of the group have been raised--but
this alone should not force you further into a very emotional
and difficult situation. One viable alternative might be to direct
the Secretary of Defense to create such a Board and report to
you upon its recommendations. This would show some action,
but would insulate the White House from the known unpredicta-
bilities of Commissions.
OPTIONS:
1. Create the Presidential Board by Executive Order.
[N.B. In any event, the Executive Order cannot be
prepared and funded by this Saturday, so that it will
have to follow the Proclamation by a week. ]
2. Direct the Secretary of Defense to establish a depart-
mental board and report to you upon its recommendations.
3. Postpone the creation of any such Board pending possible
Congressional action in this area.
RECOMMENDATIONS:
FORD
GERALD
LIBRARY
THE WHITE HOUSE
WASHINGTON
January 20, 1975
MEMORANDUM FOR THE PRESIDENT
FROM
MAJOR GENERAL LAWSON
SUBJECT
Designation of a Presidential Board
for MIA Matters
For several months the MIA families have been searching for a
responsible means of realizing their objectives. After careful
and intense study, they have come forward with a request for
the establishment of a "Presidential MIA Board", modeled along
the lines of the Presidential Amnesty Commission.
Upon receipt of the request, a study group was formed to evaluate
the proposal. We have now completed a series of meetings with
members of the National League of Families, Congress, the
Departments of State and Defense, and various other interested
individuals. From these discussions, the following observations
were formulated:
(1)
Family members are generally optimistic about
the potential value of such a group. Although they are realistic
enough to understand that a Board cannot perform "acts of magic,"
they do believe that a Presidentially directed organization might
achieve some measure of success. At the minimum, they believe
the activities of the Board would focus international attention upon
the failure of the North Vietnamese to comply with the provisions
of the Paris Peace Accords.
(2)
Members of Congress have already issued state-
ments suggesting creation of either a Presidential Board or a
Congressional Committee to "investigate and make recommenda-
tions regarding the conduct of the MIA program. 11 Congressional
interest in the MIA issue has increased in the past six months.
Restrictive amendments to the Foreign Trade Bill and the Military
Construction Bill on this subject were initiated and only narrowly
missed enactment. Both State and Defense have registered concern
for the impact which such amendments could have had upon exissing
LIBRARY
programs.
-2-
(3)
The Supreme Court decision which upheld the lower
courts' actions in the McDonald versus McLucas case (permitting
the redesignation of certain MIA to that of Presumptive Finding of
Death [PFOD] - gives the green light to service secretaries to hold
independent hearings and reviews on all MIA cases immediately if
they so desire. This issue is one of the most controversial aspects
of the entire MIA program. Currently, redesignation hearings are
only held when requested by a family member. Some members
(primarily wives) would privately prefer to have the redesignation
program proceed - but, they cannot bring themselves to be the
initiating factor. Others (primarily parents), have and will con-
tinue to use every possible means of delay to obstruct redesigna-
tion action. By law, this action cannot be held up much longer.
A Board would be a most useful means to publicly illuminate all
aspects of this very difficult question, and to develop recommen-
dations for the resolution of the matter.
The study group recognized that there are certain inherent dangers
associated with the establishment of Presidential Boards.
(1)
Some recommendations of similar groups have
tended to be narrowly focused and could not be implemented when
considered in the context of total national policy. (This is a potential
problem in this case since one of the most frequent proposáls from
the MIA community is the adoption of foreign trade restrictions
designed to force access for search and identification teams into
North Vietnam and other communist occupied areas.)
(2)
The recommendations of Presidential Boards seldom
satisfy everyone concerned with the issue. In this case, it is the
study group's conclusion that approximately 80% of the family mem-
bers will be satisfied with the recommendations of the MIA Board,
primarily because they know that their issue was carefully consid-
ered by the very top leadership of the nation.
(3)
The news media has sometimes postulated that the
very act of establishing a "Presidential Group", in itself, implies
the existance of a serious problem.
Despite the dangers cited above, the study group's final conclusion
was that the formation of a Presidential MIA Board is timely and
would serve an extremely useful function in the resolution of Vietnamo
era matters.
GERALD
LIBRARY
-3-
This recommendation was primarily influenced by the following
observations:
(1)
The programs and actions taken on behalf of the
American MIA and Unaccounted for in Southeast Asia have been
recognized by all nations as models of concern, interest and
coordinated governmental action. These programs should be
reviewed, analyzed and documented. Family members do not
have a concise, complete view of the total actions taken by their
government in support of the POW's, MIA's, and unaccounted for
personnel. This review would do much to mute those charges which
have been made that "the government doesn't care. "
(2)
There is strong evidence that the question is not -
"Will there be a Board?", but, "Who will initiate the Board?"
The mood of Congress is quite clear. If the Executive Branch
does not initiate action within the immediate future, a Congres-
sional committee will almost certainly be appointed to accomplish
the study. Neither the families nor the representatives of the
Defense or State Departments favor that action.
(3)
As a result of modern communications and the
extended duration of the Vietnam Conflict, the families of the
POW, MIA and unaccounted for personnel became acquainted and
formed organizations for mutual support. These groups have
not dissolved as they have in the aftermath of previous conflicts.
Indeed the principal organizations seem to be stronger than ever.
They are well funded, have strong leadership, and they are now
achieving the autonomy of purpose which they seemed to lack in
the past. During the recent holiday season, over 65,000 Christmas
cards were addressed to the MIA's and mailed to various govern-
ment agencies, "to be delivered to addressee at current location. "
Marches and demonstrations are becoming more vocal and demon-
strative. They have come to believe that only in this manner can
they achieve their objectives. It is the considered, collective judge-
ment of the study group that these groups will not "go away" without
an overt action on the part of the government.
(4)
The responsible family members look to the estab-
lishment of the Presidential Board as the "Beginning of the End"
to their long vigil. Certainly they do hope that the activities of
the Board will focus international attention on their problem and
will result in a relaxation of restrictions on search and identifi-
B.
FORD
cation team movements. However, none of them believe that
military force could or should be employed to force entry, just
GERALD
as the thought of additional Americans being killed while on search
LIBRARY
-4-
and identification missions is especially repugnant to them. The
families' concept of a Presidential Board is an organization which
will review and document the past, assess the present and make
responsible recommendations for the future. They believe an
independent Board would be less bound to the past than a similar
group made up of administration officials, congressmen, or even
family members. While the thought is never openly stated, it is
evident that more than anything the families want this matter to be
brought to a conclusion. A final report of a Presidential Board
represents the end that they seek. In their minds, the establish-
ment of a Presidential Board is their proof that the country did
care - that they as a group had succeeded in getting their issue to
the very top, and that the final resolution of their problem had been
reviewed by the President himself. Thus, the imperative for a
"Presidential Board. " Anything less, in their eyes, means one
more step that could and therefore must be taken. Most importantly,
the study group is convinced that the majority of the families have
privately agreed that the findings and recommendations of the Board
will represent the last word. If the Commission reports to the
President that "All has been done that can be done, " these family
members are ready to disband, and return to their lives.
For these reasons, the Study Group recommends the establishment
of a Presidential MIA Board. The Departments of State and Defense
concur with this recommendation.
The second anniversary of the signing of the Paris Peace Accords
is January 27, 1975. This date has assumed great significance among
all MIA groups. A large national meeting is planned here in
Washington beginning January 25 and ending with a series of events
commemorating the anniversary on January 27, 1975. It is recom-
mended that you support these activities by meeting in the Oval
Office with the Board of Governors of the National League of
Families, and issuing a proclamation declaring January 27, 1975
as "National MIA Awareness Day". This proclamation should be
issued on January 25, in order to permit appropriate planning
to occur around the nation. If you agree with the designation of a
Board, it is further recommended that you sign the Executive
Order creating the Board at this time. Approximately 16 family
members can be expected to attend such a signing ceremony.
is
FORD
APPROVE
GERALD
DISAPPROVE
LIBRARY
LET'S DISCUSS
January 20, 1975
MEMORANDUM FOR
GENERAL LAWSON
FROM
PHILLIP AREEDA
SUBJECT:
MIA Presidential Board
There is no legal obstacle to the creation of the propesed board.
Of course, any Executive Order or Proclamation must be reviewed
in OMB and the Justice Department in accord with the usual
procedure.
I do believe, however, that it is presumptively unsound for the
President to create non-governmental boards to investigate the
workings of the Executive Branch. To be sure, there are exceptions,
such as the recent commission looking into the CIA. I do not see
a similar need here. I do not see why the Executive Branch itself
cannot do all that needs to be done in this area.
I understand, finally, that the Unanticipated Personnel Needs Fund
is more than exhausted by the Clemency Board and by the CLA
Commission.
bcc: Jay French
LIBRARY GERALD : FORD
THE WHITE HOUSE
WASHINGTON
January 18, 1975
Mr. Areeda:
Jay asked me to type this memo to you
since Mr. Buchen had left and due to
the time factor. However, he says
it is not a terribly important matter
but should be returned today or no
later than Monday.
He said to mention to do
what ever you wish concerning it.
O.K.
Thanks.
Patsy.
THE WHITE HOUSE
WASHINGTON
January 18, 1975
MEMORANDUM FOR:
PHILLIP AREEDA
FROM:
JAY FRENCH
SUBJECT:
MIA PRESIDENTIAL BOARD
General Lawson requests your comments concerning the creation
of a "Presidential MIA Board." The attached memorandum is
scheduled to go to the President on January 20. We just received
it for review.
The board would perform these functions:
a.
review efforts of the Executive branch to
obtain an accounting of MIA's
b.
describe and document failure of communist
countries to account for MIA's
c. consider what further action can be taken to
obtain information on MIA's
d. review existing laws and regulations concerning
MIA's
The funds for such a board would come from the Unanticipated
Personnel Needs Fund.
I believe that such a broad charter invites problems. For example,
the first function is to investigate the Executive branch.
If there are a significant number of MIA's still believed to be alive
then we should act but through direct Executive action, not a board
of persons who are exhausted emotionally.
Furthermore, I would point out that the Unanticipated Personnel
Needs Fund is low on funds and the financial future of the Clemency
Board is still undecided.
THE WHITE HOUSE
WASHINGTON
January 18, 1975
MEMORANDUM FOR
MAJOR GENERAL LAWSON
Set forth below are my comments with regard to your memorandum
proposing the creation of a Presidential "MIA" Board.
1. I share the concern of these families, but I wonder if
it is the best policy, in responding to their needs, to
create a Board which has a function of reviewing the
Executive branch S past efforts to locate these persons.
2. If information exists which indicates that these MIA's
are still alive, then perhaps more speedy and positive
Executive action should be contemplated.
3. However, if the concern of these families is to stimulate
a more effective accounting of the MIA's, then I do not
believe we need a Presidential Board to achieve this goal.
4. Several recent programs have drawn heavily on the
Unanticipated Personnel Needs Fund and I am also
concerned that we might unknowingly overextend our- -
selves.
Phillip Areeda
Counsel to the President
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MEMORANDUM FOR THE PRESIDENT
FROM:
MAJOR GENERAL LAWSON
SUBJECT:
Designation of a Presidential Board
for MIA Matters
For several months the MIA families have been searching for a
responsible means of realizing their objectives. After careful
and intense study, they have come forward with a request for the
establishment of a "Presidential MIA Board", modeled along the
lines of the Presidential Amnesty Commission.
Upon receipt of the request, a study group was formed to eval-
uate the proposal. We have now completed a series of meetings
with members of the National League of Families, Congress, the
Departments of State and Defense, and various other interested
individuals. From these discussions, the following observations
were formulated:
(1)
Family members are generally optimistic about
the potential value of such a group. Although they are realistic
enough to understand that a Board cannot perform "acts of magic,"
they do believe that the combined power of the legislative and
executive branches of government united under a Presidentially
directed organization might achieve some measure of success.
LIBRARY GERALD B. FORD
At the minimum, they believe the activities of the Board would
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focus international attention upon the failure of the North Viet-
namese to comply with the provisions of the Paris Peace Accords.
(2)
Members of Congress have already issued state-
ments suggesting creation of either a Presidential Board or a
Congressional Committee to "investigate and make recommenda-
tions regarding the conduct of the MIA program." Congressional
interest in the MIA issue has increased in the past six months.
Restrictive amendments to the Foreign Trade Bill and the Military
Construction Bill on this subject were initiated and only narrowly
missed enactment. Both State and Defense have registered ! concern
for the impact which such amendments could have had upon existing
programs.
(3)
The Supreme Court decision which upheld the lower
courts' actions in the McDonald versus McLucas case (permitting
the redesignation of certain MLA to that of Presumptive Finding
of Death [PFOD] ) gives the green light to service secretaries to
hold independent hearings and reviews on all MIA cases immediately
if they so desire. This issue is one of the most controversial
aspects of the entire MIA program. Currently, redesignation
hearings are only held when requested by a family member.
members (primarily wives) would privately prefer to have the
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redesignation program proceed - but, they cannot bring themselves
to be the initiating factor. Others
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(primarily parents), have and will continue to use every possible
means of delay to obstruct redesignation action. By law, this
action cannot be held up much longer. A Board would be a most
useful means to publicly illuminate all aspects of this very diffi-
cult question, and to develop recommendations for the resolution
of the matter.
It is recognized that there are certain inherent dangers associated
with the establishment of Presidentially appointed commissions,
in that occasionally their recommendations tend to be narrowly
focused and cannot be implemented when viewed in the context
of national policy. However, in this case, the question does not
appear to be - "Will there be a Board?", but "Who will initiate
a Board ?" The mood of Congress is quite clear. If the Executive
Branch does not initiate action fairly quickly, a Congressional
Committee will almost certainly be appointed to accomplish the
study. Neither the families nor the representatives of Defense
or State Departments favor that action. After serious considerations
of all aspects of the current situation, the study group has concluded
that the formation of a Presidential MIA Board is timely and would
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serve an extremely useful function in the resolution of Vietnarn GREAT
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MIA matters. The Department of State and the Department of Defense
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concur with this recommendation.
NOTE:
An Executive Order establishing the MIA Board is attached at TAB A.
A listing of potential Board members is located at TAB B.
The second anniversary of the signing of the Paris Peace Accords
is January 27, 1975. This date has assumed great significance
among all MIA groups. A large national meeting is planned here in
Washington beginning January 25 and ending with a "Candle-Light
Vigil" on January 27, 1975. It is recommended that you support
these activities by issuing a proclamation declaring January 27, 1975
as "National MIA Awareness Day" (See TAB C). This proclamation
should be issued on January 25 in order to permit appropriate
planning to occur. Further, it is recommended that you meet
publicly with the Family members on January 27, 1975 in order to
sign the Executive Order creating the Presidential MIA Board.
Approximately 300 family members and Congressmen can be
expected to attend such a signing ceremony.
APPROVE
DISAPPROVE
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LET'S DISCUSS
EXECUTIVE ORDER
Establishing a Board on U.S. personnel missing or unaccounted
for in Southeast Asia.
By virture of the authority vested in me as President of the
United States by the Constitution and statutes of the United States,
I hereby order as follows:
Section 1.
Establishment of the Board. There is
hereby established in the Executive Office of the President a
board of
members, which shall be known as the
President's MIA Board. The members of the board shall be
appointed by the President, who shall also designate its Chairman.
Section 2.
Functions of the Board. The Board shall
examine and review the efforts that have been made to obtain an
accounting for U.S. personnel missing or unaccounted for in
Southeast Asia, and shall recommend to the President on means
to obtain an honorable resolution of this subject. Pursuant to the
realization of this objective, the following areas of interest are
identified as starting points for the Board's study:
2.1. Review and evaluate actions of the Executive
Branch of government in support of the national program on
U.S. personnel missing or unaccounted for in Southeast Asia.
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2.2.
Describe and document the failure of the communist
authorities to account for the missing and to return the remains of
the dead, as provided in the Vietnam and Laos Agreements.
2.3.
Consider what further actions can be taken to obtain
information on U.S. personnel missing or unaccounted for in
Southeast Asia, including the return of any Americans who may
still be alive.
2.4.
Explore means by which search efforts can be
undertaken for crash and incident sites and other types of infor-
mation on U.S. personnel missing or unaccounted for in'communist
controlled areas of Southeast Asia.
2.5.
Review existing laws, regulations, and procedures
on U.S. personnel missing or unaccounted for in Southeast Asia
to insure their current suitability and effectiveness, and, if
appropriate, to recommend changes and deletions thereto.
Section 3.
Compensation of Board Members. Each
member of the Board, except any member who then receives other
compensation from the United States, may receive compensation
for each day he or she is engaged upon the work of the Board, not
to exceed the daily rate now or hereafter prescribed by law for
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persons and positions in GS-18, as authorized by law (5 U.S.C. OFFILE 5703)
for persons in the government service employed intermittently.
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Section 4.
Funding of the Board. Necessary expenses of
the Board may be paid from the Unanticipated Personal Needs Fund
of the President, or from such other funds as may be available.
Section 5.
Administrative Services and Support for the Board.
Necessary administrative services and support may be provided the
Board by the General Services Administration on a reimbursable
basis.
Section 6.
Informational and Technical Support of the Board.
All departments and agencies in the Executive branch are authorized
and directed to cooperate with the Board in its work, and to furnish
the Board all appropriate information and assistance, to the extent
permitted by law.
Section 7.
Tenure of the Board. The Board shall
submit its final recommendations to the President not later than
June 30, 1975, at which time it shall cease to exist.
THE WHITE HOUSE
January 28, 1975
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Announcing the designation of January 27, 1975 as National MIA
Awareness Day.
By the President of the United States of America
A Proclamation
January 27, 1975 marks the second anniversary of the
signing of the Paris Agreement on Ending the War and Restoring
the Peace in Vietnam. Although that Agreement contains specific
obligations on accounting for the missing and the return of the
remains of the dead, the communist authorities have failed to
provide information on Americans missing in Southeast Asia, or
to complete the return of the remains of our dead. Over 2400
Americans are still unaccounted for -- some 900 of them still
listed as missing, the remainder declared dead with their bodies
never recovered. The families of these men continue to live with
the anguish of uncertainty about the fate of these loved ones.
NOW, THEREFORE I, Gerald R. Ford, President of the
United States of America, do hereby designate Monday, January 27,
1975 as National MIA Awareness Day, a day dedicated to the many
Americans who remain missing or unaccounted for in Indochina, and
to their families. I call upon all Americans to join in this occasion
DRAFT
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in voicing the clear, continuing commitment of the American people
and their government to seek the fullest possible accounting for
Americans missing in Southeast Asia and the return of the remains
of those who died. As an expression of that commitment, I have
this day ordered the establishment of a Presidential Board on U.S.
personnel missing or unaccounted for in Southeast Asia. It shall
be the responsibility of this board to review all aspects of our
national program on this subject. and to develop and make recommenda-
tions for achieving our national goal as previously cited -- "the
fullest possible accounting for Americans missing in Southeast
Asia and the return of the remains of those who died. 11
IN WITNESS THEREOF, I have hereunto set my hand this
twenty fifth day of January, in the year of our Lord nineteen
hundred seventy-five and of the Independence of the United States
of America the one hundred ninety ninth.
?
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GERALD
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