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No Gun Ri 2000 [Korea] [1]
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Case Number: 2009-0528-F-2 FOIA MARKER This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Folder Title: No Gun Ri 2000 [Korea] [1] Staff Office-Individual: Defense Policy-Binnendijk, Hans Original OA/ID Number: 3482 Row: Section: Shelf: Position: Stack: 32 1 1 1 V Withdrawal/Redaction Sheet Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001. email Hans Binnendijk to @APNSA re Update on No Gun Ri (3 pages) 12/14/2000 P1/b(1) 002. notes handwritten, re meeting with "outside experts" on No Gun Ri (2 pages) c 12/2000 Pl/b(1) 003. paper Interagency Discussion on No Gun Ri (6 pages) 12/13/2000 P1/b(1) 004. email Hans Binnendijk to @RUDMAN re No Gun Ri (1 page) 12/12/2000 P1/b(1) 005. cable re No Gun Ri, Building on the SMU (3 pages) 12/12/2000 P1/b(1) 006. notes handwritten, re No Gun Ri Q&As (2 pages) c 12/2000 P1/b(1) 007. paper Interagency Discussion on No Gun Ri [duplicate of 003] [page 6 12/13/2000 Pl/b(1) only] (1 page) 008. email Mara Rudman to Justin Siberell et al, re No Gun Ri Update/Decision 12/04/2000 P1/b(1) (3 pages) 009. report re No Gun Ri (1 page) 12/05/2000 P1/b(1) 010. cable re No Gun Ri: Preparing for the Conclusion (3 pages) 11/29/2000 P1/b(1) 011. notes handwritten, re meeting on No Gun Ri (2 pages) c 11/2000 P1/b(1) 012. email Jonathan Scharfen to Hans Binnendijk re No Gun Ri (4 pages) 10/10/2000 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)| P1 National Security Classified Information |(a)(1) of the PRAJ b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA| b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information |(a)(4) of the PRA| b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy |(a)(6) of the PRAJ b(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA] RR. Document will be reviewed upon request. Withdrawal/Redaction Sheet Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 013. email Justin Siberell to Hans Binnendijk re No Gun Ri Update/Decision (2 12/18/2000 P1/b(1) pages) 014. cable re No Gun Ri: PM's Office Readout (5 pages) 01/02/2001 P1/b(1) 015. cable re No Gun Ri (1 page) 01/02/2001 P1/b(1) 016. email Randy Beardsworth to Hans Binnendijk re No Gun Ri (6 pages) 01/04/2001 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - (44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)| P1 National Security Classified Information |(a)(1) of the PRA| b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRA] h(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRA] an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information [(a)(4) of the PRA b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors |a)(5) of the PRA| h(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA| C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. h(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA] RR. Document will be reviewed upon request. ROK OUTSIDE EXPERT VISIT TO WASHINGTON PROVES TIMELY Today, senior officials of the Department of Defense and the Nogun-Ri "Outside Experts" from the Republic of Korea held serious and constructive talks on the status of the Nogun-Ri review. Assistant Secretary of Defense for International Security Affairs Franklin D. Kramer led the US delegation that included Assistant Secretary of State Stanley Roth, Principal Deputy Under Secretary of Defense for Personnel and Readiness Charles Cragin and Ambassador Thomas Hubbard, Principal Deputy Assistant Secretary of State for East Asian and Pacific Affairs. Retired General Paik Sun-yup led the Korean delegation that included four additional "Outside Experts" from Korea and representatives from the Office of the Prime Minister. In addition, the Korean group met with the Deputy Secretary of Defense Rudy deLeon and Secretary of the Army Louis Caldera. The "Outside Experts" are advisors appointed by the Korean government to provide counsel on the Nogun-Ri investigation. During these meetings, both countries discussed progress on determining the facts of what happened at Nogun-Ri. The two sides agreed that the close bilateral cooperation on this issue reflects the trust and friendship built in over fifty years of partnership. The two sides pledged to continue their close cooperation to ensure that the ROK-US relationship remains as strong as ever. Commenting on the numerous media reports on the Nogun-Ri investigation, the US and ROK delegations agreed it was important to continue close cooperation. They agreed that since portions of the Nogun-Ri report are still being completed, the meetings held today were timely and helpful in bringing the investigation to closure. The US and ROK delegations emphasized that the dignity and sacrifices made by the Korean villagers and US veterans should not be diminished. Lastly, while both sides desire to conclude the Nogun-Ri review by the end of the month, they recognized there are still details that need to be discussed. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 001. email Hans Binnendijk to @APNSA re Update on No Gun Ri (3 pages) 12/14/2000 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - 144 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] PI National Security Classified Information |(a)(1) of the PRA b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRAJ h(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRAJ an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information |(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors |a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA b(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. DEC. 14. 2000 10:47AM ASIAN AFFAIRS TO: DEFENSE NO. 461 P.1 ASIAN AND PACIFIC AFFAIRS WENT Office of the Secretary of Defense International Security Affairs Room 4C839, The Pentagon ALF Washington, DC 20301-2400 (7) A (703) 695-7005, (703) 695-4175; FAX: (703) 695-8222 Number of Pages (Including Cover) Date 12-14 From Jodi Kessan Office Telephone Office Telephone May 7ighe To Office Fax Number for the rollact Draft a's-A's - there are a couple that may be useful for your mtg this moning John P.01 2228 $69 203 00:01 DEC.14.2000 10:47AM ASIAN AFFAIRS NO.461 P.2 It is inappropriate, at this point in the review process, to speculate about how the Information may be used after completion of our review and preparation of the report. Normally, most witnesses are not suspected of having committed any criminal offenses. If, during the course of the review, the facts raise a reasonable suspicion that a witness may have committed a criminal offense, the witness will be advised of his legal rights prior to being interviewed regarding information that could potentially be used in a criminal proceeding. Witnesses will also be provided the opportunity to consult with counsel of his own choice or military counsel provided by the witness's former Military Service. Q's and A's: Q. What are your comments on the ROK-US statement of mutual understanding. Will this be the review's final conclusion? A. The objective of the Army's review is to determine the facts and to provide a report for public release that reflects a full and comprehensive account of what occurred at No Gun Ri. Until our review is complete, it would be inappropriate to comment on working draft documents that do not constitute the final product of the review. Q. Member of the "Outside Experts" recently made some comments In The Korea Society Quarterly and the Harvard Crimson that go beyond what the Army has said to date. What is the Army's position on these comments? A. Each of the "outside experts" was invited by the SECDEF because of their individual backgrounds, professional expertise and insight. They have provided, and we expect will continue to provide, valuable advice. While they are certainly free to express their personal opinions in public forums, this review is still ongoing and the opinions of the "outside experts", as they relate to the review, will be provided within the context of that review and not in other forums. Q. An Air Force document in the National Archives states that US Army forces sought, essentially, indiscriminate aerial strafing of groups of Korean civilians. What was the Army's official policy concerning the strafing of civilians? A. To date, the Army has been unable to find any Army document espousing or supporting an Army policy as described in the Air Force memorandum or any verbal testimony hinting that such a policy existed. P.02 2222 S69 202 dd/USI/QSO 00:01 DEC.14.2000 10:47AM ASIAN AFFAIRS NO.461 P.3 Q. How did the Army's policy stack up against international law at that time? A. We can't address this question until we are able to determine whether there ever was such a policy and its context. Q. If US soldiers violated the official policy, was this tantamount to a war crime? A. The review Is still ongoing and speculation at this point is irresponsible. It is premature to discuss our findings until the review is complete. Q. Did the policy evolve over the course of the Korean War? A. We can't address this question until we are able to determine what, if any, policy existed. Q. Has the Army discovered other documentation that confirms the statements made in the Air Force document? A. To date, the Army has not discovered any Army document espousing an official Army policy as described in the Air Force memorandum or any verbal testimony hinting that such a policy existed. Q. The Air Force document seems to recognize that indiscriminate strafing of civilians was wrong. Why did the Army not also recognize this? A. It is premature to draw any conclusions from this document. We can't address this question further until we are able to determine that any such policy existed as described in the Air Force document. Q. Has the Army shared this document with the Korean review team. A, Yes. The Army has provided copies of the document as part of our on-going commitment to share information with our Korean counterparts. Q. If there was such a policy during the Korean War, how would the Army view it today? A. Pending completion of the review, is inappropriate to speculate. Q. Why did the Army put a gag order on MAJ Bateman (The history professor at West Point)? A. As part of the review, the Office of the Inspector General interviewed many Korean War veterans. Major Bateman, a history instructor at the United States Military Academy, in conducting research for his work on the history of the 7th Cavalry Regiment, was also interviewing some of the same Korean War veterans. Major 2222 S69 202 dd/bSI/OSO DEC-14-2000 10:01 DEC. 14.2000 10:47AM ASIAN AFFAIRS NO.461 P.4 Bateman's work is totally unrelated to the Army's No Gun Ri review, yet many veterans were confusing Bateman's work with that of the IG. Bateman's interviews were also causing the veterans to discuss events among themselves, perhaps affecting information that may be of value to the No Gun Rf review. In an effort to maintain the integrity of the veterans' testimony, the Army asked Bateman to stop interviewing 7th Cavalry vets until the Army has completed its review of the No Gun Ri incident. Q. Numerous publications are saying Edward Dally is a fake. Is this the official conclusion of the review team and how long has the Army known about it? A. In order to maintain the integrity of the No Gun Ri Review, we will not address the accuracy of any press reports. As part of the review, the IG reviewed the records of many Korean War veterans, to include Edward Daily's, It is premature to discuss our findings until the review is completed. Q. Several recent press reports have quoted an unidentified DOD source as saying the No Gun Ri investigation has confirmed that US Troops intentionally fired on refugees, resulting in the deaths of civilians. Has the investigation come to this conclusion? A. We are conducting a comprehensive review of the facts, and it is premature to discuss our findings until the review is complete. Q. Is the Army going to formally charge anyone? A. At this point in the review process, it would be inappropriate to speculate about how information may be used after completion of our review and preparation of the report. Q. If a witness is charged, will he be brought back on active duty for courts-martial? What will be the procedure to do that? A. The objective of this review is to determine the full scope of the facts and to provide a report that reflects a full and comprehensive account at what occurred at No Gun Ri. It is inappropriate, at this point in the review process, to speculate about how the information may be used after completion of our review and preparation of the report. Any questions on the issues of prosecution, whether substantive or procedural, would be premature at this point. Q. Will the Army or federal government pay for the cost of the witnesses' legal counsel? A. To facilitate the review process, find all facts, and to ensure our Korean veterans fully understand their rights, military counsel may be made available to certain witnesses who request counsel, on a case- by-case basis. P.04 2228 S69 E0L dd/bSI/DSO 10:01 DEC.14.2000 10:48AM ASIAN AFFAIRS NO.461 P.6 DRAFT TALKING POINTS AND Q'S AND A'S FOR NO GUN RI ANNOUNCEMENT Talking Points: We went into this review committed to finding the facts of what happened at No Gun Ri, no matter where they took us. Our research methodology was predicated on an in-depth, scholarly approach to the task. The report is an accurate and objective portrayal of the facts based on 13 months of work. Conditions in and around No Gun Ri were chaotic; civilians were killed, but the facts do not support allegations of an indiscriminate or premeditated effort to kill civilians. The close bi-lateral cooperation on this important endeavor is indicative of the strong ROK-US relationship. Nothing can diminish the shared sacrifices of the Korean and American people. Questions and Answers: Q1. Did American soldiers knowingly kill civilians at No Gun Ri? If so, how did it happen? Al. Civilians were killed and the loss of civilian life is always regrettable, but the facts of what happened at No Gun Ri do not support allegations of a premeditated effort to kill civilians. Q2. Your report doesn't endorse the survivors' account. How much stock did the US put in the credibility of the survivors' testimony? A2. The U.S. Review Team placed a great deal of credence on the Witness Testimony but only used a common view of the incident as seen through the witnesses' eyes, Obvious discrepancies and inconsistencies rendered some of the details as inconclusive, but we took this common view - minus the problematic details - at face value and as the truth. In effect, we believed that the witnesses were telling the truth and assumed that their common view was in fact the truth. I 90'd 2228 S69 200 db/bSI/050 20:01 DEC.14.2000 10:48AM ASIAN AFFAIRS NO.461 P.7 DRAFT Q3. Did the Associated Press get this story wrong? A3, It would be inappropriate for us to comment on the AP's work. The charter of this review was to find the facts of what happened at No Gun Ri. no matter where they might lead. We are confident that our report is an accurate and objective portrayal of the facts based on 13 months of work. Q4. How many civilians were killed at No Gun Ri? What does "substantially less" than the survivors' estimate mean? Why can't you just accept the figures cited by the survivors and the Korean government? A4. Based on the available évidence, the U.S. Team is unable to estimate the numbers killed or injured at No Gun Ri. However, the U.S. Team concluded that it is unlikely that hundreds of dead bodies were present in the vicinity of No Gun Ri during the last week of July 1950, based on testimony of U.S. veterans and the examination of the August 6, 1950 aerial photograph by Anmed Forces Institute of Pathology (AFIP) and National Imagery and Mapping Agency (NIMA). The U.S. Team concluded that some Koreans were killed and injured in the vicinity of No Gun Ri in the last week of July 1950 but that the precise number may never be determined for many reasons. The reasons include Korean burial customs, farming practices, lack of reliable information, wartime disruptions of the countryside, and the passage of time. Q5. Did US soldiers have orders to shoot civilians? If so, who gave the orders and under what conditions were they given? What was the review's determination on the standing order to "fire everyone trying to cross front lines?" AS. No official record exists of any order given by any U.S. commander, orally or in writing, to kill Korean civilians. No U.S. veteran that the U.S. Review Team interviewed, and who was proven to be in the No Gun Ri area at the time, has stated that he received any order to fire on civilians. The U.S. leadership repeatedly warned the troops that North Korean soldiers would routinely wear civilian clothing over their uniforms to infiltrate the U.S. positions. The soldiers were also told that North Korean soldiers would hide within refugee columns. The U.S. soldiers fired at refugees in the No Gun Ri area, but this action was not indiscriminate in nature or a premeditated effort to kill Korean civilians. The U.S. Review Team concludes that U.S. commanders did not issue oral or written orders to shoot Korean civilians between July 25 and 29, 1950. "Fire everyone trying to cross front lines" was taken out of context. For example, the 25th ID War Diary for 27 July 1950 records that MG Kean ordered commanders at all levels to take drastic action to prevent the movement of any Korean civilians into their areas within the combat zone. Persons in civilian clothes moving within the combat zone were to be considered as enemy. Also on the 27th, the Associated Press reported that: "All Korean civilians have been ordered out of the fighting zone southeast of Taejon. In an area once cleared of civilians, anyone in civilian clothing may be shot." 2 20'd 2222 $69 202 28/05I/QSO E0:01 DEC.14.2000 10:48AM ASIAN AFFAIRS NO.461 P.5 DRAFT Q6, Would these actions have been considered a war crime in 1950? A6. Tasked out. Q7. Will the US charge anyone? If so, what will be the procedure to do that? Will the Army provide legal council? A7. Tasked out. Q8. Will the US apologize and pay compensation? A8. Tasked OUL Q9. On what grounds would the US refuse to pay compensation? A9. Tasked out. Q10. We've heard that the US may erect a monument to the victims, is that true? A10. Tasked out. Q11. Thirty-three thousand Americans died to save South Korea. How do you think US veterans will react to a monument? All. Tasked out. Q12. When did you brief President Clinton and what were his comments on the report? A12. Tasked out. Q13. Does the US believe that the truth of No Gun Ri has now been told? Is this report the final action on No Gun Ri? A13. We went into this review committed to finding the facts of what happened at No Gun Ri, no matter where they took us. Our research methodology was predicated on an in-depth, scholarly approach to the task. We feel that this report is an accurate and objective portrayal of the facts based on 13 months of detailed, probing work. No one is denying that civilians were injured or killed. Conditions in and around No Gun Ri were chaotic; and like all wars, civilians were killed, but the facts do not support allegations of an indiscriminate or premeditated effort to kill civilians. Q14. What will the US do about allegations of other incidents? A14. Other incidents were noted during the review. Decision addressing the disposition of those incidents will be made at a later date. Q15. What was the review's methodology and why did It take 13 months to complete? A15. Screening numerous databases, interviewing veterans, reading imagery and doing research is a time consuming process. For example, from an initial list of over 7,375 names, the Interview Team developed a contact list of 3,213 names. The Interview Team crosschecked all identified names on the contact list against official record sources to 3 20:01 SO'd 8222 S69 E02 DEC.14.2000 10:48AM ASIAN AFFAIRS NO.461 P.8 DRAFT authenticate the list. Next, the Interview Team conducted exhaustive research to locate all authenticated individuals and then interviewed these veterans. The Air Force researchers assisted in locating Fifth Air Force officer rosters and other records with the names of pilots and staff officers. An experienced Air Force interviewer contacted and interviewed as many of these veterans as possible. While every effort was made to make this a comprehensive sample, the U.S. Review Team had no power to compel testimony and no authority to issue subpoenas or to grant immunity. The Research Team consisted of Department of the Army military and civilian members augmented by a United States Air Force research team, an imagery analyst, a Korean linguist, and trained research assistants from the U.S. Army Corps of Engineers. An Army historian led this effort. The researchers focused most of their effort at the National Archives and Records Administration II in College Park, Maryland. They also used the resources of the National Personnel Records Center, Federal Records Centers, the MacArthur Library, the Harry S. Truman Library, and the Military History Institute. Searching records over a wide range of units and levels of command (from regiment to the Joint Chiefs of Staff), the researchers examined over one million documents and approximately 45,000 containers of United States Air Force reconnaissance film. Q16. What role did forensics play in your analysis of evidence? Did the forensics evidence support or contradict the survivors' account? A16: As a result of consultations between the U.S. Team and the ROK Team, The Inspector General agreed that the ROK Team would be responsible for recovery of ballistics evidence and firearm examinations. (Hence, the U.S. did not have an on-the- ground review of the forensics process.) The U.S. Team received a forensics test results report and a six-piece material sample from the ROK Team. The ROK's Defense Investigative Command (DIC) No Gun Ri Investigation Team conducted a forensic assessment of the No Gun Ri incident site and tested materials recovered at the site. The ROK Team reported the results of the DIC assessment and testing to the U.S. Team. Based upon interactions with the Korean counterparts, the U.S. Team believes the DIC Team retained all remaining items found at the site. The U.S. Team asked for technical assistance from two agencies. the Federal Bureau of Investigation (FBI) Laboratory and U.S. Army Criminal Investigation Division (CID) Laboratory. Again, no firearms examiners were detailed to the U.S. Team. The U.S. Team relied upon the technological and forensic expertise of the CID and the FBI to review the DIC's conclusions and assessment. Specifically, the U.S. Team asked the laboratories to review the DIC Team's assessment of the site and the items recovered at the site, to review and comment on the methodology, and to assess the Korean conclusions. After the U.S. Team received the CID evaluation of the DIC Report, the U.S. Team requested additional information from the ROK Team. The U.S. Team provided copies of the DIC response on the methods that the DIC Team used to reach 4 80'd dd/bSI/050 20:01 2222 S69 202 NO.461 P.9 DEC. 14. 2000 10:48AM ASIAN AFFAIRS 60 TOTOI DRAFT four of their conclusions to CID and the FBI who provided additional comments. CID and the FBI concurred you could use the Korean methods to determine the difference between 7,62 millimeter (mm) Soviet and .30 caliber U.S. bullets, to determine that the extracted and unextracted bullets were identical, to determine that the marks were bullet marks and to determine the firing directions. However the methods used by the DIC Team are not the methods used by CID and the FBI. FBI examiner noted from a purely forensic science perspective, any conclusions drawn from an unprotected area where weapons were discharged fifty years ago should be viewed with extreme caution. Q17. How has the Korean government reacted to your report? How does the US report differ from the Korean report? A17. There is no Korean report. Q18. Did the Korean government try to pressure the US into coming to a conclusion that was favorable to the survivors? A18. No. Our charter has always been to go where the facts take us, no matter where they might lead. This effort has been marked by close cooperation with the Korean review team and we were never pressured into doing anything other than to find the facts of what happened at No Gun Ri. Q19. The survivors believe the US coerced Edward Daily into changing his story. What is your response to this accusation? A19. This is not true. From the very beginning, we pledged that we would go where the facts take us, no matter where they might lead. The review team conducted a two-day interview with Edward Daily in April 2000. At no time did members of the review team indicate to Daily that they were aware of discrepancies in his record or in any way attempt to change the information that Daily provided during this partial interview. Since that interview, Daily has refused to meet again with members of the review team. Q20. When did the Army determine that Edward Daily was a fake, and why did it knowingly allow media to continue to use him as a credible source? A20. We were aware that the official records did not conform to Mr. Daily's story of his service. We did not announce that there were discrepancies in Mr. Daily's statements about his service because he is entitled to the protection of the Privacy Act the same as any other service member or veteran. We also had to verify all of the facts from multiple sources to make sure we had not overlooked any possibility that part of his story was correct. Q21. During the course of the review, did you uncover any other witnesses that were deemed not credible? If so, who are they and why was their information determined to be not credible? A21. No. 5 db/BSI/QSO DEC-14-2000 10:04 60'd 2228 S69 E0L Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 002. notes handwritten, re meeting with "outside experts" on No Gun Ri (2 pages) c 12/2000 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information |(a)(1) of the PRA| b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA h(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or h(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information |(a)(4) of the PRAJ b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors |a)(5) of the PRAJ b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA| b(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 003. paper Interagency Discussion on No Gun Ri (6 pages) 12/13/2000 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - 144 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA| b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRA) b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRAI an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA] RR. Document will be reviewed upon request. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 004. email Hans Binnendijk to @RUDMAN re No Gun Ri (1 page) 12/12/2000 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - 144 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] PI National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRA an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information |(a)(4) of the PRAJ b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors |a)(5) of the PRAJ b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. Hans 12/12 Cable from Seault Text [ NO EWN RI Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 005. cable re No Gun Ri, Building on the SMU (3 pages) 12/12/2000 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - 144 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] PI National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRAJ an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or h(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information |(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy |(a)(6) of the PRAJ b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. MRI Henry 202 456-9190 Steering Group Meeting clatt 1. Dt. 122 N218 TO 1999 9% 29 E AP OHO 25 TH 01 for 21.01 go or CHECK UHO X/A/OH INTI RT at 012451 tot 1221 or 22 @? CH ? THE RU of RO Rr on 23 1501 HOLL DILE 11 RS 011 2019 of INI 200 allo 278190. 1. Review Process a. The No Gun Ri Incident Review was initiated at the direction of the presidents of the Republic of Korea and the United States following the release of the Associated Press report concerning the matter on September 29, 1999. This story brought to the forefront the earlier efforts of Korean citizens to gain an inquiry into their claims surrounding certain events that occurred in the vicinity of No Gun Ri, including the firing upon Korean refugees at the double railroad overpass and an air strike on the railroad track. P.01 8339 269 202 SECDEF 62:50 6661-62-Nnr 4. 21.01 %? INED of 420 21.01 YOU KH DCI. 012121 22 ENDI Ell 2 OF& INE THE 015 SC. 51.01 KH NEW N21 INJE NO 45 SQ. 2000 2018. X1, EH OR #0 Eg ol OH 20. b. The efforts of the Korean and US No Gun Ri Review Teams exemplify the highest levels of ROK-US bilateral cooperation. Throughout the duration of this important and sensitive endeavor, both Teams established and steadfastly sustained an environment of mutual cooperation and trust. The Korean and American Officials associated with this effort consistently demonstrated their commitment to examine the facts and circumstances surrounding the events. Both teams have candidly shared facts, statements and documents. Cl. 50 101 1801 HO 02 2E NN alo = UE It 01 or AD 1520, 12, OH on 0121 If TI 0150 1.01 100 of 021 uch. C. The passage of 50 years reduces the possibility that all of the facts will ever be known and a large number of factors, including but not limited to trauma, age, and media influence the recollection of Korean and US witnesses. 20 ° d SECDEF 62:50 6661-62-NNI 8339 269 200 21. 7711 ENDEE 81.01 OH PH XII too UNITED NO FloH 494 00 4% 20 %? 2011 100 KHU 2010. 212101 EST ! %= 11 OH and 2 2010. 213 of 2012 20150 1950 01 011 19 2402 g 01 0121 (§) 21210 NE 0101 ED. NE 7011 015 IN E ME USE 012H011 CHE! 2019 I RE 2010. d. Nevertheless, this process will add to a strengthened ROK-US alliance and honor the many of both nations who sacrificed so much for the freedom of the Republic of Korea, Civilian casualties are, without exception, the most tragic of the unintended consequences of conflict. South Korean citizens and soldiers of both nations bore heavy burdens in the summer months of 1950 as a result of North Korean aggression. This review process, characterized by diligent fact-finding, will provide closure for the past and bring hope for the future. 2. 21-01 25 INUS Dr. 1121 02 OK (1) JH Pal # et $ ПО 40121 GID, EED HIGH 72 2E 01852 5 AI I 21 ar 211 USE CH TO 1001 F AO PT - USC. 188 279 el 22 IUD et of 01 CHES NE SHIJI 810. 2. ROK-US Mutual Understandings a. Background of the Incident and Combat Situation. (1) In the early period of the conflict, many of the US soldiers deployed to Korea were young, under-trained, under-equipped and new to combat. Units operating in the vicinity of No Gun Ri were under the command and control of leaders with limited proven experience in combat. They were unprepared for the weapons and tactics of the North Korea forces that they would face and the speed of the North Korean advance. 8339 269 202 SECDEF 62:50 6661-62-NNI P.03 (2) 0122 201 212101 01 22 $ 011 01221 18 25% nine 8 or OK $2189. (2) US soldiers were legitimately fearful of the possible infiltration of North Korean soldiers who routinely entered American lines in groups disguised as civilians in refugee columns and then attacked American positions from the rear. (3) 80 01201 241 201 01 220 $, DI XI 1 DI 2019 & of OF ar 7279 212 TOTAL 222 202 2221 X OF HD (3) Following the withdrawal of US forces, and entry of the North Korean army into Yongdong, the North Koreans continued to maintain contact with the US ground forces east of Yongdong by means of intermittent patrols and indirect fire as the 1st Cavalry Division continued its rearward movement to Naktong River. 8339 269 203 SECDEF 62:50 6661-62-NNI P.04 (4) 1950 7% DIXIX ₹ 011 05 OHO the 4th 76 EH ^ gh 221 1811 ийа. 01258 nam no 01 Я OF gh == 01 CH KJ 7121 2101 11 201 of I 01 Ct. (4) North Korean tanks were on what is now Highway 4 east of Yongdong during the last week of July 1950. US soldiers believed that some of the US anti-tank weaponry available to them was ineffective against the North Korean armor. (5) 01 BI 05 18 95011 E 1950 7% 25/26 212 122 THE RUS 8120. OR et = MT 1003 2'8101 2171 ! 12 @E. RT 2021 t a ]21] 2229 01201 11% 20121= 014 UPO 0121 I 2 11 YEHOU LE 40 90152 TO 26% of 122 or ₹2011 7% 27% PENI 420 ₹2011 7018 of HII PI 8120. (5) The 2nd Battalion, 7th Cavalry Regiment, shortly after arriving in the Yongdong area, conducted a disorganized and undisciplined retreat toward the vicinity of No Gun Ri during the night of July 25/26 1950. The retreat occurred as a result of several factors including : a mistaken belief of an Imminent enemy breakthrough due to the emergence of the enemy, the possibility of encountering North Korean tanks, and the awareness of North Korean Infiltration tactics. The organization, disoriented and in disarray, reorganized in the vicinity of No Gun RI throughout the day on the 26th. The unit completed its consolidation and reorganization in the vicinity of No Gun RI by the early morning of the 27th of July, when it reported its position. SECDEF 02:50 666I-62-NNI P.05 703 697 8339 4. (1) HE, @2 2017 20 or oh RO 24 ou ]= o! oH 149 0150 OHI 1 ET 80 ПО 221 2 OH a ORO one 21 of 90. b. Refugee Control (1) At the outset of the war, the lack of ROK government refugee control measures resulted in significant confusion and difficulties in controling refugee movement (2) 1950 7% 20% add 01 015 OH EEE 2221 01391 70 UN THEY 920. 1950 7% 01822 2122 UTE OH 222 % 0120 101, 525 015 P 2011 OXE 022 1221 HH IIIY! (2) By July 20, 1950, after the Taejon Battle, refugee control was a major concem of the US and ROK forces. In late July 1950, the ROK government and Eighth US Army, in close coordination, began to disseminate refugee control policies to protect the US and South Korean forces as well as refugees and reduce the impact of road-bond refugees on military operations. SECDEF 02:50 6661-62-NNI 90'd 8339 269 203 a. 22 5% 015 (1) 0111101 2121 office @? 01210152 01 E1.01 IIIY! 1201 KO 1950 7% 1 Cl. % 01 HO 01201 OI E RO USE 1101014 01 UNI 2014 200 0100 2'SH 01 old 2999. C. Assembly and Movement of Villagers at Im Ke Ri and Joo Gok Ri (1) With certain exceptions, US and ROK policy restricting movement of refugees was established in late July 1950. However, some US veterans testified that, at some point, they escorted Koreans from their villages, in an effort to get them out of harm's way or to clear them away from US ground positions. (2) !!!! DJ @ 1950 7% 25% 0121011 01201 ≥ 07 22 01% 21012101 LE = KH 20 1010 4th 02 I UCH. 01 XI RO 01 3011 A1 TUES ** SE 10 XSI VIII ON CHEHE ≡ DI of Il of I LLCh. (2) Some Korean witnesses asserted in their testimony that US soldiers escorted an unspecified number of refugees from Im Ke Ri, a safe village in the mountains on or about the night of 25 July, toward the No Gun Ri area, via Joo Gok Ri along what is now Highway 4. US veterans do remember escorting refugees from villages, but they cannot recall the names of places or dates. SECDEF JUN-29-1999 05:30 20'd 703 697 8339 (3) on = @ 19 use no 7% 25% KP 1.5 Km 813121 22 MIXIM 0129 2012 OH 12 OH Y BI At to of E FK THE or 24801 AT KRO TO 092 gi KJO 21 D aln 00 SIN UL !! CH THE OII A gas 01% II 022 =8 SENSE RI 1 - 49 RO S It At SECOND 21817 21Cl. 2214 01011 013014 01 % OF It to AI NET ЦЕ 12 CH 81 E DIO I = air 21% ^ 220 (3) Some Korean witnesses stated that they saw refugees killed on July 25th when refugees were directed by US forces to stay in an open area near Ha Ga Ri, 1.5km from the village of Joo Gok Ri. Various Korean witnesses state that one to four persons were shot when they either strayed from the group, tried to leave the group or did not move fast enough. The review could not confirm what soldiers were involved, nor whether this action was a reaction to a violation of refugee control measures in effect at the time. (4) ON DF III 88 X g 01 RO 50 of K|O 21 011 @29, 22 III y It 0138 25 10 E ETC RO 011 At HE of 900. 01 011 OHO 2002 10 018 of THOISE oo M 2002 201 AH HI 01 015 SIC. of DF OI STATE RI 212 ПО 01 201 Y el Rto # 202 01 ^ 01 Med %5 0171 Dr 91 % DIE U 041 or 11 X 01 AMV SH 242 8901 1181812 J LLCh. 2214 QE 01 & 818 218 NO 2811 I 01 a. (4) Some US and Korean witness statements say that Korean refugees came in contact with US forces in the vicinity of No Gun Ri as they both moved east. As they moved from Yongdong toward Hwanggan, the refugees passed from the road to the railroad tracks. Some US veterans and Korean witnesses recalled that US forces directed refugees to the railroad tracks, conducted searches for infiltrators, weapons and other contraband. Other veterans and Korean witnesses had no recollection of searches being conducted. 8339 269 203 SECDEF 02:50 6661-62-NNI 80'd 2.2824 NO (1) 04 of 1950 72 262 01 P4 of g 7 DI Ш У 01 N IE 428 81201 19 of 20. 1950 ou Rr Ar 10 R or KK RO 80 228900 82811 212. ] R OF 81 N/A/ U= 31 ar of I 20. U7 DI 82052 II 1950LM 723 IC 01 It at DU 21 #011 go It do RO ESED. 01 RI II et WE III IF or 111 gi E 120H Ar 2 E 51 Ar of 91 32890. d. Air Strikes (1) According to their statements in the testimony, many Korean witnesses indicate that they were strafed or bombed by US airplanes around noon on July 26, 1950. Some U.S. veterans stated that they saw U.S. planes strafing targets in late July 1950 and some of these veterans saw them when deployed in the No Gun Ri area, but they could not recall when or identify what the targets were. Some veterans saw planes strafe tanks with refugees on or near them in July 1950. One veteran stated that on an unknown date he saw refugees on a dirt road and an old railroad being strafed. (JH) INDI21 RD E 01/ RT 2! 01 @? F/O DI JHJ 01 IN 1001 SHE 7% 26% 422 KH THE T ar OII 2101 RT of 07 492 ^ 2115 2018 4 200. 01 HIST 2 2222 to Flo R$ or HI 029 and ar ] ME 22 25 02 util, 01011 371101 811 CHE! 0F AN R AIE re = It 20. (a) Official US Air Force records and pilot interviews found during research do not reflect any mission flown on the 26th July in the vicinity of No Gun Ri. The 5th Air Force Summary of Air Operations indicated that some missions were flown over the Yongdong area on that day , but mission reports for three of these missions could not be found. 8339 269 202 SECDEF JUN-29-1999 05:30 60'd (L) 1950 8% 6 ° N 142 II, 21 22 NE W nin FIF 81 4, 212 a UE 30 THE 111 At #212 = IC. (b) Additionally, analysis of the August 6, 1950 reconnaissance photograph shows an area of probable strafing on the railroad tracks in the area indicated by the Korean witnesses. There is no way of determining the exact date of the probable strafing. (CI) 1950 7% 27% 0121 4221 Kr 01 OR CH THICHCH THE ar SE (21) OPH, 01 INE 1221 HOLDER 1950 € 7% 26 of 2222 12 + ach. (c) Early in the morning on July 27, 1950, an air strike did, in fact, take place in the 1st Battalion, 7th Cavalry Regiment area in the vicinity of No Gun Ri. (d) The Review could, therefore, not exclude the possibility of an air strike occurring on July 26th in the vicinity of No Gun Ri. SECDEF JUN-29-1999 05:30 Plid 8339 269 E02 (2) 01 710 ₹ 21 are 022, Al 01 @? E = Et 400 Kg 2 of Il 05 & 0 4 II Hu a & PO DI = 200 2220. RO & all 00 sh KJO 18 U THE e g FIO 1 It III IL al If X Flo RS of of 0 KIO 21 22, OZ KB 18 U ПО & X ur et OKO It 2 @ At OF Ш 29, 211 use BEI !! or gl 0 18 01 IC. 24 1 OHI of of [ 1950 78 278 Dr 29 of JJJ XI I 21 II 3r 011 AT 01 E It *@2 y OF PH 04 of AS 9 N ar 01 Y 1 D. 80 of 01 FD E V use TO OIE, ss $ E El À AI R$ 422 01 2 OII H DJ 11 4 I of UC. (2) Air Force records show that US Air Force jet aircraft flying at the time did not carry bombs whereas propeller-driven aircraft did. While some Korean witnesses stated that the aircraft directly attacked refugees, others have stated that they only recall explosions and machine gun fire and other munitions effects, Including shrapnel, flames and heat. Official records Indicate that US and North Korean Army forces did exchange artillery and mortar fire In the vicinity of No Gun Ri between July 27 and July 29 1950. Eight U.S veterans remember either artillery, mortar or tank fire in the vicinity of No Gun RI. (3) 2/7 BI 21 TH OU 01 T z 2 01 AI H OF of I 04 U " N ôt 01 Ill IL gi 011 CHE! 80 RO RT R 50 81 11 a OK TO 81 IICh. of N of 1950 26% Al 01 HE FOR BD N 00 R CH 07 El PH OF @ 0 HU MH 01 70 to X # KI N of 01 R KKO A/ Q # 81 KK I or 0 At 2/ 011 81 9 01 ONN 70 88% Φ 2 9 II 2t 01 as et 2 % TO et RO RJJ 5 or El OH OF ED. 0121 2 # 00 H 21 Al 2' RT gi OI 01 " OF MM 21 (3) Some Korean witnesses stated that US soldiers called in air strikes on the refugees by use of a radio available to US ground forces at the time. Both Review Teams agree that, on July 26, 1950, the ordinary US ground soldier was equipped only with a portable radio and was incapable of talking directly to an Airborne Tactical Air Controller and requesting an air strike. Army units could submit a request for an air strike but had to pass it through channels to the Joint Operations Center. The processing time for such a request could not have resulted in a prompt response. IT'd 8339 269 200 SECDEF 02:50 6661-62-NNI (4) 1950 7% 25HD D 53 & of UHI Turner C. Rogers ON 94 OH 11 us II 28 LA 040 01 El 220. 3 OH IXH Rr El H U or gl 3 011 of OH 50 BI SI a E 68 gi 2 2! 01 8219 of NE USADE LH 040 01 H II SI 2 on. 078 012 202 & 81 U= 98 01 12 III Y el & $ " $ = A mg AS I 12 of 12 B. E TH JA N @?@ our ₹ of 01 21 eld R & 011 ONO of 2214 01 RO ₹ Kf At e of *** 21 X TO Dall at 188 31 or 81 J * of I ilcs. (4) In a memo dated 25 July 1950, Colonel Turner C. Rogers of 5th Air Force Headquarter stated that: "It is reported that large groups of civilians, either composed of or controlled by North Korean soldlers, are infiltrating U.S. positions. The Army has requested that we strafe all civilian refugee parties that are noted approaching our positions. To date, we have compiled with the Army request in this respect" None of the pilots interviewed, however, remembers such a policy. OF. HI OK At AT as ONE OF Pr (1) 01 NAME 01 THO 422 KT 111 ES UL 040 sto OH At Rr out e. Ground Fire and Issuance of Orders (1) US ground forces fired toward refugees in the vicinity of No Gun Ri during this period. P.12 8339 269 202 SECDEF 02:50 6661-62-NNI ()H) 1950 7% 26% 29 E 1010 OHE A121011 ET DH 0122 #34 75 98101 it goH 0125 no 1499 0150 11 Holl IE LE 2020 or 1 21 RT I 2201 III 011 NO AMO LC. ] RN It 401% of &U THE 2121 SSC. (a) At some time between July 26th and 29th, 1950, some US soldiers fired toward the refugees who were at various locations Including inside the double overpass. They did so either to control the refugees' movements or because they believed that they had received small arms fire from those locations. As a result, an unknown number of refugees were killed or injured. (4) 2000 7% @ gw RU Br 049 0121 @ ok @@@ 22% 0121 01 BI & YES EI, E+D, 11 on 2890. (b) In July 2000, a ROK forensic team found various U.S. bullets and the bullet marks on the walls of the double railroad overpass tunnel and the culvert. Moreover, the team found both U.S. and Soviet bullets, empty cartridges, and other fragments in the vicinity of the double overpass. Eld 8339 269 200 SECDEF 15:31 6661-62-NNI (C) 27 OH ₹ 01 THE % 1181 22121 P ar 01 Dr 01 0191 EUD STATE ICI. & RUS no to Al 525 of 21 I 42213 0151 UHO 02 CHECK 14 At 20 21 220 (c) Some korean witnesses state that most refugees were from Im Ke Ri and Joo Gok Ri and some other people came from outside Im Ke Ri to the village. Some Korean witnesses state that they knew most of them in the group that went down the road to No Gun Ri. (21) of PH K10 RHB no 012501 Z um NEW HU KH & $901 KH 500. K 17%01 80 NEW 22 OF 2UC. 01 UPU et as 11 et 0101 ₫ = 011 gn #22 my 12 OH it 040 III 2 our RO et 01 USE gu I is En 25 Rio Rr of K10 TO (d) Some Korean witnesses stated that U.S. soldiers either gave them first aid or evacuated them to a hospital. The ROK Review Team indicates that 17 people received medical aid. One U.S. veteran saw medical aid being given to individuals in civilian clothing under the double railroad overpass when he carried a child back down under the bridge. 703 697 8339 P.14 SECDEF JUN-29-1999 05:31 (2) NE! State 01 2E IN 2201 214 01 EN 201212 2201 2190. 22 NEIN % 19 Rd $ 2019 4 204, At of X 00 2'= as 121, 12, 445 015 N201 of 0 01 CHE! 01 EN UNE 2021 **** UCI. (2) All the veterans interviewed by the U.S. Army who fired at refugees stated that they did not receive any order to fire. Some other veterans, however, stated that they believed that such an order must have been given. While a comprehensive search of records and these veterans' interviews did not disclose any evidence of the issuance of such an order, some other veterans, who themselves did not fire at refugees, assumed that there must have been an order to fire on refugees because they observed small arms, machine guns, mortar and artillery fire at refugees. (3) 1950 7% 24% OI on IIY! of USED X OHO HE JISON a! SCH 2221 of 10 18901 UCH. DE 21 CH OH 252 DU 28 4 220, 22 2019 212 210101 go <H 19% 2019 It (3) The message log of the 8th Cavalry Regiment contains an entry of message from an regimental liaison officer on 24 July 1950 about guidelines on shooting refugees to prevent them passing through US front lines. But, whether an order to fire was made could not be determined because records of other regiments do not show such guidelines and thus discrepancy among interview accounts exists. P.15 8339 269 200 SECDEF 15:30 6661-62-NNI TOTAL P.16 (1) 112101 RD 222 215 2'8" 21 D It 01 R 01 KH 282 NAIN 218H 214, TO II #0171 ILCt. STATE QUIP NO, of IE 22 248 01 21 30 THO 2 #0 NIE KIO 01 140 Rf ПО 21814 RJ of UCH. (1) Because of the passage of 50 years and the effects of the conflict, the statements of Korean witnesses and U.S veterans about the number of refugees killed, injured or missing as the result of the events in the vicinity of No Gun Ri vary widely. The Koreans have reported to the Office of Yong Dong County an unverified number of 248 Korean civilians killed, injured or missing while the testimony PM of U.S. veterans supports lower numbers. groblem 3. K N == 2.01 KI INCE manes seria 2 0100 082 NOS 00 01 51 21 C): a at 0 2 19 Address 212100 as 2010 0128 1950 72 Of nux 122 SEEM + 018121 myes THE 20. 01 ENG ae 8 RJ @ % 8229 422 2801 37121 R Degd & @-01 31 P@ an LC. ge EHCE of se 1991 0152 01 STREET and 01 72181 01 OF E NW 2205 21 828 $802 SOLE 29 # was 201 AI of % = 03M, 10 202 gh spece 20 2D@ PEND ANE == e! SN at e! $ right we 82 us 019 Z IDIDI и a NOS 20 3. Conclusion of the Review Bearing in mind the enduring suffering of the victims, the Korean and American Review Teams mutually understand that in the desperate opening weeks of defensive combat In the Korean War, U.S. soldiers killed or Injured an unconfirmed number of Korean refugees In the met week of July 1950 during a withdrawal under pressure In the vicinity of No Gun RL The diligent and conscientious bilateral efforts of both countries in this review represent a significant contribution to the maintenance of the viol and long-standing ROK-US alliance. Bearing in mind the long-lasting sorrow of victims as well as the eacrifice of US soldiers during the Korean war, the ROK and us teams firmly believe that this Investigation on an Incident that occurred during the Korean war will not only help maintain a more stable ROK-US alliance but also is an example of two nations working Logether to realize the value of democracy and recognize the Importance of human rights. P.19 8339 269 E0L SECDER 15:31 Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 006. notes handwritten, re No Gun Ri Q&As (2 pages) c 12/2000 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information |(a)(1) of the PRAJ b(I) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ h(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRA an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA| financial information |(a)(4) of the PRAJ b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA| b(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 007. paper Interagency Discussion on No Gun Ri [duplicate of 003] [page 6 12/13/2000 P1/b(1) only] (1 page) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information |(a)(1) of the PRA] b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA| PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. NOGUN-RI Interagency Working Group December 13, 2000 Agenda Summary/status of Statement of Mutual Understanding Issues relating to final package: - Nature of Presidential Statement - Compensation - Memorial (to whom, who pays) - Scholarship (progress with Korea Society, USG role) - Achieving finality - Legal considerations Issues relating to Rollout: - Date (before New Year?) - Public affairs strategy - Congressional strategy - Veteran's strategy - Press strategy/ AP response - Use of US advisors to OSD Game plan for meeting with ROK outside experts later this week Coordinating with ROK - LTG Kim's visit on Dec 20 - Coordinating with Embassy - Status of ROK investigation/report 5,000 miles, took place in the education budget faster than North Korea, a Stalinist mission offices in London and spring and was never an- it's increasing its military regime, is a major seller of Pyongyang. nounced by the Chinese gov- budget, to the best of our abil- missile technology and a key British Foreign Secretary arnment. ity to monitor that." reason why the United States is Robin Cook said the decision The first flight test took considering building a "was taken in recognition of place in August 1999, he said. multibillion dollar missile de- the significant progress" in the The Nov. 4 test was first Philadelphia Inquirer fense system. In recent meet- dialogue between the two Ko- reported in yesterday's editions December 13, 2000 ings with Secretary of State reas, particularly a June sum- of The Washington Times and Madeleine K. Albright and mit between their leaders, Kim defense analysts said its timing 15. U.S. Studies North other U.S. officials, North Ko- Jong Il of the North and Kim was intended as a political sig- Korea Missile Talks rea has indicated a willingness Dae Jung of the South. nal from Beijing. Mr. Bacon said the single- Officials think a deal is at to end exports of ballistic mis- Associated Press siles. It has also said it would warhead DF-31 has an esti- hand to curb the sale of bal- be willing to give up develop- mated range of about 5,000 listic technology. Asia experts ment, production and testing of miles, but the test flight was are skeptical. longer-range missiles, officials Washington Post limited to areas inside China By Carol Giacomo, Reuters said. December 13, 2000 and was shorter than its maxi- WASHINGTON - The A key issue is what North Pg. 36 mum range. Clinton administration believes Korea gains in return for lost 17. S. Koreans Dispute "This is a program that's it is on the verge of a deal to missile exports. Washington been ongoing, the DF-31 pro- curb North Korea's missile rejected a bid by Pyongyang U.S. Findings On No gram, since the late 1980s, and program and is likely to un- for cash payments of over $1 Gun Ri the test was pretty much as ex- dertake talks that could lead to billion, and a senior official By Doug Struck, Washington pected in terms of timing and a visit to Pyongyang by Presi- said any talk now of cash com- in terms of results," he said. pensation is "not correct." Post Foreign Service dent Clinton, U.S. officials said As for the timing during Another element being SEOUL, Dec. 12 - South yesterday. Gen Shelton's visit, Mr. Bacon Clinton has been consid- discussed is a U.S. commit- Korea is balking at the Penta- said he did not believe there gon's preliminary finding that ering a trip to the North Ko- ment to have North Korean ci- was a connection. He said the vilian satellites launched free American soldiers fired in rean capital before he leaves timing may have had more to office Jan. 20 despite concerns of charge each year by the panic - not under orders - at do with a typhoon in the region United States, Russia or China. Korean civilians in the village voiced by some Asia experts. that would make it more diffi- of No Gun Ri at the start of the No decision has been cult for the United States to Korean War. made on Clinton's trip or on Survivors of the incident monitor the test, than with the sending State Department Washington Post four-star general's visit. met with government officials counselor Wendy Sherman, Gen. Shelton visited China December 13, 2000 today to discuss their plans for chief coordinator of U.S. pol- Nov. 3-5 and watched military Pg. 38 opposing the finding, and a icy toward North Korea, for a exercises near the southern city new round of talks, officials 16. Britain, N. Korea Korean civilian advisory group of Nanjing. was planning to fly to the said. But such talks were Despite the succession of Open Diplomatic Ties United States Wednesday to likely, they said. missile tests, Mr. Bacon sought LONDON--Britain and try to change the conclusions They said an agreement to downplay the threat from the North Korea formally agreed before the Americans final.re- curbing North Korea's missile DF-31. "I don't think it's fair yesterday to establish diplo- port. program was closer than gen- to say that this building or this matic relations, in what Britain The Koreans are pushing erally believed and they feared government is worried about called recognition of the for an American acknowledg- it could slip away if left for the what they see in China, but Communist nation's warming ment that there were orders to next president. "We think clearly we watch any country relationship with South Korea shoot the civilians, as some we've got the makings of a that is developing its military, and its decision to suspend American veterans recall, and deal," one official said, al- missile launches. modernizing its military. they want an apology and though he cautioned that snags "China has been working In a sign of its improving compensation for injured sur- could still develop. on modernizing its long-range ties with the outside world, vivors and victims' relatives. Many nongovernmental missile program, which is very North Korea has this year es- The dispute threatens to Asia experts fear that too many modest compared to ours, very tablished diplomatic links with result in exactly the problem crucial details have not been modest compared to the Rus- Canada, Italy and Australia. South Korea had wanted to pinned down. Britain said in October that it avoid: a U.S. conclusion that sians, very modest compared to Administration planning the French and the British. But was ready to follow suit, and propels this 50-year-old inci- has been complicated by the they've been working to mod- yesterday's announcement dent into a new rift between presidential election. U.S. offi- ernize this program for some came after five days of talks in Seoul and Washington. South cials said they would like to time." London between government Korea had proposed a joint in- consult with the next president Asked about China's officials. vestigation, but the United and his team because the pro- military buildup, which in- The two countries have States rejected that. posed accord is controversial cludes development of two dif- had no relations since the "There's only one truth, and would depend on the next ferent ground-based mobile Democratic People's Republic but through these separate in- administration carrying it out. missiles and a new class of of Korea was created in 1948, vestigations, they're making "Although there is reason ballistic missile submarines, following the division of the two 'truths,' said Chung Koo to believe a serious agreement the spokesman said China has Korean peninsula after World Do, a spokesman for the survi- could be reached with North "focused more resources on War II. In a joint statement, the vors of the shootings at No Korea, it has to be fully im- military modernization" in the two governments said they Gun Ri, who say that as many plemented in the next admini- last several years. would appoint ambassadors as 300 or 400 persons were stration," an official said. However, he noted that after arranging for permanent killed by American fire July China is "still increasing its 26-28, 1950. page 12 of 22 The Washington Post re- September 1999 article that South Korean officials seemed all but finished two ported tast week that the Pen- won a Pulitzer Prize. have acknowledged privately months ago. At first he refused tagon's draft report concluded According to South Ko- what historians - and many ci- to acknowledge that he had lost that panicked soldiers, in the rean reports, the United States vilians who lived through the the Sept. 24 presidential elec- chaotic first days of the war, has balked at labeling the kill- brutal war - have long as- tion and was preparing for a had fired at Korean civilians ings a "massacre." serted: There were many cases second round of voting against hiding under a railroad trestle, "It's obviously, and very of questionable killings by all Mr. Kostunica. But after the fearing that North Korean in- clearly, a massacre," said sides in the war. And South popular uprising of Oct. 5, he filtrators were among them. Chung, the survivors' spokes- Korea is not eager to begin ex- conceded defeat and resigned. But the report reached no man. "If the United States amining the actions of its Mr. Milosevic is under in- finding about the number of starts to deny that, then the troops. dictment by the United Nations civilians killed and said there trust and faith that other coun- Staff writer Thomas E. Ricks war crimes tribunal at The was no evidence of orders to tries have in the U.S. will be contributed to this report from Hague for the atrocities Yugo- fire on civilians, despite the broken." accounts of some veterans who "The United States has Washington. slav forces committed against Kosovo Albanians last year. said they acted under orders. admitted a small part of the Although Mr. Kostunica has Indeed, when asked about truth" in acknowledging that said that handing over Mr. the Korean reaction, a Penta- American soldiers killed civil- New York Times Milosevic is not a priority of gon official said even more ians, which it had long denied. December 13, 2000 the new Yugoslav government, emphatically than has been "But they have refused to ad- 18. Denying All, Mr. Kostunica has pledged to said in the past that the Penta- mit the very core of the truth," cooperate with the tribunal. gon has not found conclusive Chung said. Milosevic Opens Cam- Opponents of Mr. Milosevic in evidence of orders to shoot ci- "The United States likes to paign For Political Serbia have also filed com- vilians. "We can't trace the or- talk about and dictate to other der down the chain of com- countries on human rights. Comeback plaints against him, although no court has yet indicted him. mand to people with rifles in They probably think if they By Carlotta Gall A Belgrade prosecutor their hands," he said. "We can't admit this, their pride and PRISTINA, Kosovo, Dec. filed charges today against four find one soldier who said, prestige can be hurt." 12 - Slobodan Milosevic, in members of the electoral com- 'Yeah, I received an order to Chung said the survivors' his first television interview mission, contending that they fire.'y" group may invite third coun- since he was forced to give up had abused their power in con- But when American offi- tries or international bodies to the presidency of Yugoslavia nection with the presidential cials came to Seoul last week investigate the No Gun Ri two months ago, denies accu- election, but the prosecutor to get South Korean officials to claims if the Pentagon does not sations of misrule and of falsi- said he did not have the evi- sign on to a joint "statement of change its findings. fying election results. dence to bring charges against mutual understanding" before Although the South Ko- "I can sleep peacefully and Mr. Milosevic himself, the the final report, the govern- rean government said it con- my conscience is completely Tanjug news agency reported. ment here refused. ducted a separate investigation clear," he told the interviewer, In the two-hour television A five-person advisory of the claims, it has not issued a well-known supporter of Mr. interview, Mr. Milosevic, group to the Korean govern- any findings. The government Milosevic and the owner of looking dapper in a dark suit ment was to go to Washington asserts that the crucial testi- Palma Television, which and red tie, seemed on the de- Wednesday. They hope to meet mony, from American veter- broadcast the interview today. fensive though he was in a rea- with Pentagon and State De- ans, is in the United States and Mr. Milosevic is trying to sonably supportive setting. He partment officials this week to the key military documents are make a political comeback, and defended 13 years as the effec- lobby for stronger findings in in American archives. the interview marked the start tive leader of Yugoslavia, the final report, which is sup- Chung said that despite the of the campaign for his So- during which the nation split posed to be finished within six South Korean government's cialist Party in the Serbian apart and the country was weeks. show of support for the survi- Parliament elections on Dec. dragged through three wars. And the Korean National vors' position, "I have the im- 23. Mr. Milosevic was re- "I see it as a ceaseless bat- Assembly is urging both coun- pression the government wants elected as the leader of the So- tle - I can even say freely a tries to take the issue out of the to wrap this up as soon as pos- cialist Party of Serbia last lion's struggle for the protec- hands of the military, and come sible." month. He is not running for a tion of state and national inter- to an acceptable compromise. He said both governments seat, but because he is party ests of our country," he said. "It's time for the top levels are trying to avoid investigat- leader his name heads the And he predicted that the rising of the two governments to ing 61 other complaints that ticket. prices and economic difficul- make some political deci- have been filed alleging kill- Serbia is the larger of the ties the Serbian people face sions," said Min Kee, the chief ings of civilians by U.S. two republics that make up the would swing voters back to aide to Kim Min Seok of the troops. "If they investigate current Yugoslavia. support his party. He described assembly's National Policy those other incidents, the fact The 18-party alliance be- the popular revolt against him Committee. "We don't need to that there were orders from hind the Yugoslav president, as a "coup" and The Hague tri- get everything we want. There above will be revealed," Chung Vojislav Kostunica, who de- bunal as an "illegal" institution. are some things the United contended. feated Mr. Milosevic in the re- He dismissed accusations States doesn't want to say, and "Our principle is that we cent presidential election, is that he and his entourage stole we understand. So, politically, will deal with No Gun Ri first, expected to win a clear major- or embezzled billions of dol- for example, if President and after that is solved, we will ity in the Serbian Parliament. lars as "nonsense." Clinton would promise the review if we should treat the But the Socialist Party is ex- He also praised the notori- victims compensation, they other cases," said Oh Young pected to hold onto 10 to 15 ous paramilitary leader and in- would accept that as enough." Ho, director general for na- percent of the vote, to be the dicted war criminal known as Defense Secretary William tional security and foreign af- largest opposition party. Arkan. S. Cohen ordered the investi- fairs in the prime minister's of- The Socialist Party offers The paramilitary leader gation after the Associated fice. Mr. Milosevic a way to save was assassinated last January Press reported the killings in a his political career, which had page 13 of 22 Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 008. email Mara Rudman to Justin Siberell et al, re No Gun Ri Update/Decision 12/04/2000 P1/b(1) (3 pages) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - 144 U.S.C. 2204(a)| Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRAJ an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information ((a)(4) of the PRA b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA| b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. U.S., Koreans Differ Over Refugee Killings In Korean War Page 1 of 3 Defense Intelligence Agency UNCLASSIFIED - FOUO DIA Home What's New Products by Type I Products by Region Feedback Help Fort Worth Star-Telegram December 2, 2000 U.S., Koreans Differ Over Refugee Killings In Korean War By Sang-Hun Choe, Associated Press SEOUL, South Korea -- U.S. and South Korean officials disagree about whether American troops were ordered to open fire on refugees at the hamlet of No Gun Ri in the early days of the Korean War, according to an adviser to the Korean inquiry. Yi Manh-yol, a member of a blue-ribbon panel monitoring the military investigation, said a rift exists over a number of issues, including whether there were shoot-to-kill orders and the number killed. The split was affirmed by five other sources close to the Korean inquiry. "The Pentagon is trying to deny that American troops attacked the refugees under orders from commanders," Yi told The Associated Press in an interview Thursday. "This is an argument we can never accept," the history professor said. Yi and a second source close to the Korean investigation told AP the two sides also are at odds over survivors' demands for a U.S. apology and compensation claims of more than $170 million by survivors and victims' families. The dispute could threaten a plan to release a joint statement later this month about the bloodletting in July 1950. Maj. Tom Collins, a Pentagon spokesman, said the U.S. and South Korean investigative teams are working on a Statement of Mutual Understanding detailing points of agreement. Asked about the rift referred to by Yi, Collins said he could not comment on "press reports." Korean officials have warned that a failure to satisfy Korean public opinion could damage U.S.-South Korean ties and trigger anti-American sentiment in the country where 37,000 U.S. troops remain on duty. The two sides launched investigations after AP, citing dozens of U.S. veterans and South Korean survivors, reported last fall that a large number of refugees were strafed or shot at a railroad trestle. The Korean government lists 175 people allegedly killed at No Gun Ri. Survivors estimate 400 civilians perished, including about 100 killed by strafing U.S. warplanes. Former U.S. soldiers variously estimate 100, 200 or hundreds died. Korea's seven-member advisory panel, which includes a retired diplomat, a lawyer, a former general, an editor and three academics, was briefed this week after the South Korean investigators returned file://C:\TEMP\U.S. Koreans Differ Over Refugee Killings In Korean War.htm 12/4/00 U.S., Koreans Differ Over Refugee Killings In Korean War Page 2 of 3 from Washington in early November. A Pentagon delegation led by Assistant Secretary of the Army Patrick T. Henry is due in Seoul on Wednesday. Collins, the Army spokesman, said the Pentagon hoped to release its report in mid-December, but that depended on further discussions with the Koreans. Yi said the Pentagon had attempted to define the incident as an unintentional killing of refugees by panicked Gls. He said U.S. investigators told their South Korean counterparts in early November they could not find any written shoot-to-kill order from higher headquarters to the line companies at No Gun Ri. "The attack on the refugees -- most of them children, women and old people pinned down in the railway trestle -- continued for three days. How are you going to characterize it? The alleged panic cannot explain it all," Yi said. Earlier, Harvard University professor Ernest May, a member of an advisory panel to the Pentagon's inquiry, said investigators believed the No Gun Ri shootings were the actions of troops who were "not well led" in a chaotic situation and "not a deliberate atrocity." "Whatever was done was incidental to a panicked retreat," May told the Harvard Crimson newspaper in October. AP found wartime documents showing that at least three high-level Army headquarters and an Air Force command ordered civilians approaching U.S. positions to be treated as hostile. On July 24, 1950, two days before No Gun Ri, 1st Cavalry division units were instructed: "No refugees to cross the front line. Fire everyone trying to cross lines. Use discretion in case of women and children." Two ex-Gls who handled radio and message traffic at No Gun Ri told Pentagon investigators, and later AP, that orders to fire on civilians at No Gun Ri came down the chain of command from division or above and were relayed to front-line troops. The sworn statements by Lawrence Levine, who headed the battalion radio team, and message center chief James Crume, are the first from a higher command level to publicly support accounts by other veterans of being ordered to shoot civilians for fear North Korean infiltrators were among them. Crume, 72, of Kennewick, Wash., said combat orders in Korea were rarely written. "Most of it was voice command, came over the radio there was very little paperwork due to the limitations of the system," Crume said. At No Gun Ri, he said, "I do know it was a standing order -- there wasn't anybody going through." Crume said he didn't recall handling that order and may have heard it from officers following a meeting of battalion commanders at 7th Cavalry regiment headquarters. Among others interviewed earlier by AP, about 20 ex-Gls recalled orders to shoot; a dozen said they either shot at refugees or were witnesses. Some said they didn't remember, or declined to discuss No Gun Ri. One said he didn't recall orders but had fired on his own. file://C:\TEMP\U.S. Koreans Differ Over Refugee Killings In Korean War.htm 12/4/00 U.S., Koreans Differ Over Refugee Killings In Korean War Page 3 of 3 Yi said he spoke out despite official urgings not to discuss the case because he felt Americans needed to understand the depth of Korean feelings and the potential damage to bilateral relations. He said several members of the Korean advisory panel want to meet with congressional leaders and other officials in the United States before the reports are made public. file://C:\TEMP\U.S. Koreans Differ Over Refugee Killings In Korean War.htm 12/4/00 U.S., Koreans Differ Over Refugee Killings In Korean War Page 1 of 3 Defense Intelligence Agency UNCLASSIFIED - FOUO DIA Home What's New Products by Type Products by Region Feedback Help Fort Worth Star-Telegram December 2, 2000 U.S., Koreans Differ Over Refugee Killings In Korean War By Sang-Hun Choe, Associated Press SEOUL, South Korea -- U.S. and South Korean officials disagree about whether American troops were ordered to open fire on refugees at the hamlet of No Gun Ri in the early days of the Korean War, according to an adviser to the Korean inquiry. Yi Manh-yol, a member of a blue-ribbon panel monitoring the military investigation, said a rift exists over a number of issues, including whether there were shoot-to-kill orders and the number killed. The split was affirmed by five other sources close to the Korean inquiry. "The Pentagon is trying to deny that American troops attacked the refugees under orders from commanders," Yi told The Associated Press in an interview Thursday. "This is an argument we can never accept," the history professor said. Yi and a second source close to the Korean investigation told AP the two sides also are at odds over survivors' demands for a U.S. apology and compensation claims of more than $170 million by survivors and victims' families. The dispute could threaten a plan to release a joint statement later this month about the bloodletting in July 1950. Maj. Tom Collins, a Pentagon spokesman, said the U.S. and South Korean investigative teams are working on a Statement of Mutual Understanding detailing points of agreement. Asked about the rift referred to by Yi, Collins said he could not comment on "press reports." Korean officials have warned that a failure to satisfy Korean public opinion could damage U.S.-South Korean ties and trigger anti-American sentiment in the country where 37,000 U.S. troops remain on duty. The two sides launched investigations after AP, citing dozens of U.S. veterans and South Korean survivors, reported last fall that a large number of refugees were strafed or shot at a railroad trestle. The Korean government lists 175 people allegedly killed at No Gun Ri. Survivors estimate 400 civilians perished, including about 100 killed by strafing U.S. warplanes. Former U.S. soldiers variously estimate 100, 200 or hundreds died. Korea's seven-member advisory panel, which includes a retired diplomat, a lawyer, a former general, an editor and three academics, was briefed this week after the South Korean investigators returned file://C:\TEMP\U.S. Koreans Differ Over Refugee Killings In Korean War.htm 12/4/00 U.S., Koreans Differ Over Refugee Killings In Korean War Page 2 of 3 from Washington in early November. A Pentagon delegation led by Assistant Secretary of the Army Patrick T. Henry is due in Seoul on Wednesday. Collins, the Army spokesman, said the Pentagon hoped to release its report in mid-December, but that depended on further discussions with the Koreans. Yi said the Pentagon had attempted to define the incident as an unintentional killing of refugees by panicked Gls. He said U.S. investigators told their South Korean counterparts in early November they could not find any written shoot-to-kill order from higher headquarters to the line companies at No Gun Ri. "The attack on the refugees -- most of them children, women and old people pinned down in the railway trestle -- continued for three days. How are you going to characterize it? The alleged panic cannot explain it all," Yi said. Earlier, Harvard University professor Ernest May, a member of an advisory panel to the Pentagon's inquiry, said investigators believed the No Gun Ri shootings were the actions of troops who were "not well led" in a chaotic situation and "not a deliberate atrocity." "Whatever was done was incidental to a panicked retreat," May told the Harvard Crimson newspaper in October. AP found wartime documents showing that at least three high-level Army headquarters and an Air Force command ordered civilians approaching U.S. positions to be treated as hostile. On July 24, 1950, two days before No Gun Ri, 1st Cavalry division units were instructed: "No refugees to cross the front line. Fire everyone trying to cross lines. Use discretion in case of women and children." Two ex-GIs who handled radio and message traffic at No Gun Ri told Pentagon investigators, and later AP, that orders to fire on civilians at No Gun Ri came down the chain of command from division or above and were relayed to front-line troops. The sworn statements by Lawrence Levine, who headed the battalion radio team, and message center chief James Crume, are the first from a higher command level to publicly support accounts by other veterans of being ordered to shoot civilians for fear North Korean infiltrators were among them. Crume, 72, of Kennewick, Wash., said combat orders in Korea were rarely written. "Most of it was voice command, came over the radio there was very little paperwork due to the limitations of the system," Crume said. At No Gun Ri, he said, "I do know it was a standing order -- there wasn't anybody going through." Crume said he didn't recall handling that order and may have heard it from officers following a meeting of battalion commanders at 7th Cavalry regiment headquarters. Among others interviewed earlier by AP, about 20 ex-Gls recalled orders to shoot; a dozen said they either shot at refugees or were witnesses. Some said they didn't remember, or declined to discuss No Gun Ri. One said he didn't recall orders but had fired on his own. file://C:\TEMP\U.S. Koreans Differ Over Refugee Killings In Korean War.htm 12/4/00 U.S., Koreans Differ Over Refugee Killings In Korean War Page 3 of 3 Yi said he spoke out despite official urgings not to discuss the case because he felt Americans needed to understand the depth of Korean feelings and the potential damage to bilateral relations. He said several members of the Korean advisory panel want to meet with congressional leaders and other officials in the United States before the reports are made public. file://C:\TEMP\U.S. Koreans Differ Over Refugee Killings In Korean War.htm 12/4/00 Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 009. report re No Gun Ri (1 page) 12/05/2000 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information [(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRA] h(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRAJ an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or h(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information [(a)(4) of the PRA| h(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRAJ b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29' 00 10:02/ST. 10:02/NO. 3760665760 P 1 NGR CLASSIFICATION: 29NOV'00 10:10 COMMUNITY OF DEFENSE WASHFAX THE WORLDWIDE CABLE LINK ONISION $ Secretary of Defense Cover Sheet INDIATIONAL or 12/N 8 WITH INTERNATIONAL FROM: PAUL GEBHARD OFFICE/DESK: PHONE NO.: 692-7000 SUBJECT: DELIVERY INSTRUCTIONS: PAGES: 17 (Including Coversheet) HOLD FOR NORMAL DUTY HOURS IMMEDIATELY DELIVERY INSTRUCTIONS AGENCY INDIVIDUAL OFFICE ROOM NO. PHONE NO. FAX NO. NAME HAAS NSC Binnendigk REMARKS: Please call Secretary of Defense Cable Division to report transmission problems. Phone number (703) 692-7000 CLASSIFICATION: FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29'00 10:02/ST. 10:02/NO. 3760665760 P 2 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal 1. Review Process 1. Review Process a. The No Gun Ri Incident a. Agreed. Review was initiated at the direction of the presidents of the Republic of Korea and The United States following the release of the Associated Press report concerning the matter on September 29, 1999. This story brought to the forefront the earlier efforts of Korean citizens to gain an inquiry into their claims surrounding certain events that occurred in the vicinity of No Gun Ri, including the firing upon Korean refugees at the double railroad overpass and an air strike on the railroad track. b. The efforts of the Korean and b. Agreed. US No Gun Ri Review Teams exemplify the highest levels of ROK- US bilateral cooperation. Throughout the duration of this important and sensitive endeavor, both Teams established and steadfastly sustained an environment of mutual cooperation and trust. The Korean and American officials associated with this effort consistently demonstrated their commitment to examine the facts and circumstances surrounding the events. Both teams have candidly shared facts, statements and documents. 1 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29'00 10:03/ST. 10:02/NO. 3760665760 P 3 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal 1c. The passage of 50 years reduces 1c. Agreed. the possibility that all of the facts will ever be known and a large number of factors including but not limited to trauma, age and media influence the recollections of Korean and US witnesses. d. Nevertheless, this process will d. Agreed. add to a strengthened ROK-US alliance and honor the many of both nations who sacrificed so much for the freedom of the Republic of Korea. Civilian casualties are, without exception, the most tragic of the unintended consequences of conflict. South Korean citizens and soldiers of both nations bore heavy burdens in the summer months of 1950 as a result of North Korean aggression. This review process, characterized by diligent fact-finding, will provide closure for the past and bring hope for the future. 2 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29'00 10:03/ST. 10:02/NO. 3760665760 F 4 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal 2. ROK-US Mutual Understandings 2. ROK-US Mutual Understandings a. Background of the Incident a. Background of the Incident and and Combat Situation Combat Situation (1) In the early period of the (1) Agreed. conflict, many of the US soldiers deployed to Korea were young, under-trained, under-equipped and new to combat. Units operating in the vicinity of No Gun Ri were under the command and control of leaders with limited proven experience in combat. They were unprepared for the weapons and tactics of the North Korean forces that they would face and the speed of the North Korean advance. (2) US soldiers were (2) Agreed. legitimately fearful of the possible infiltration of North Korean soldiers who routinely entered American lines in groups disguised as civilians in refugee columns and then attacked American positions from the rear. (3) Following the withdrawal (3) Agreed. of US forces, and entry of the North Korean army into Yongdong, the North Koreans continued to maintain contact with US ground forces east of Yongdong by means of intermittent patrols and indirect fire as the 1st Cavalry Division continued 3 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29'00 10:03/ST. 10:02/NO. 3760665760 P 5 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal its rearward movement to the Naktong River. (4) North Korean tanks were (4) Agreed. on what is now Highway 4 east of Yongdong during the last week of July 1950. US soldiers believed that some of the US anti-tank weaponry that was available to them was ineffective against the North Korean armor. (5) The 2ⁿᵈ Battalion, 7th (5) The 2nd Battalion, 7th Cavalry Regiment, shortly after Cavalry Regiment, shortly after arriving in the Yongdong area, arriving in the Yongdong area, conducted a disorganized and conducted a disorganized and undisciplined retreat toward the undisciplined retreat toward the vicinity of No Gun Ri during the night vicinity of No Gun Ri during the night of July 25/26, 1950. The retreat of July 25/26 1950. The retreat occurred as a result of several occurred as the result of several factors including: a mistaken belief of factors including: a mistaken belief of an imminent enemy breakthrough*** an imminent enemy breakthrough the possibility of encountering North due to the infiltration by the enemy in Korean tanks, and the awareness of the vicinity of 7th Regiment North Korean infiltration tactics. The positions, the possibility of organization, disoriented and in encountering North Korean tanks, disarray, reorganized in the vicinity and the awareness of North Korean of No Gun Ri throughout the day on infiltration tactics. The organization, the 26th. The unit completed its disoriented and in disarray, consolidation and reorganization in reorganized in the vicinity of No Gun the vicinity of No Gun Ri by the early Ri throughout the day on the 26th. morning of the 27th of July, when it The unit completed its consolidation reported its position. and reorganization in the vicinity of No Gun Ri by the early morning of the 27th of July, when it reported its position. 4 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29'00 10:03/ST. 10:02/NO. 3760665760 F 6 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal b. Refugee Control b. Refugee Control (1) At the outset of the war, (1) At the outset of the war, the absence of ROK government the absence lack of ROK refugee control measures resulted in government refugee control significant confusion and difficulties measures resulted in significant in controlling refugee movement. confusion and difficulties in controlling refugee movement. (2) By July 20, 1950, after the (2) By July 20, 1950, after the Taejon Battle, refugee control was a Taejon Battle, refugee control was a major concern of the US and ROK major concern of the US and ROK forces. In late July 1950, the ROK forces. In late July 1950, the ROK government and Eighth US Army, in government and Eighth US Army, in close coordination, began to close coordination, began to disseminate refugee control policies disseminate refugee control policies to protect US and South Korean guidelines concerning refugee forces and reduce the impact of control to protect US and South road-bound refugees on military Korean forces as well as refugees operations. and reduce the impact of road-bound refugees on military operations. 5 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29'00 10:03/ST. 10:02/NO. 3760665760 F 7 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal C. Assembly and Movement of C. Assembly and Movement of Villagers at Im Ke Ri and Joo Gok Ri Villagers at Im Ke Ri and Joo Gok Ri (1) With certain exceptions, it (1) With certain exceptions, it was established US and ROK policy was established US and ROK policy restricting movement of refugees in July 1950 that Korean civilians was established in late July 1950. should not evacuate their villages. that Korean civilians should not However, some US veterans testified evacuate their villages. However, that, at some point, they escorted some US veterans testified that, at Koreans from their villages in an some point, they escorted Koreans effort to get them out of harm's way from their villages in an effort to get or to clear them away from US them out of harm's way or to clear ground positions. them away from US ground positions. (2) Some Korean witnesses (2) Agreed. asserted in their testimony that US soldiers escorted an unspecified number of refugees from Im Ke Ri, a safe village in the mountains on or about the night of 25 July, toward the No Gun Ri area, via Joo Gok Ri along what is now Highway 4. US veterans do remember escorting refugees from villages, but they cannot recall the names of places or dates. 6 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29'00 10:03/ST. 10:02/NO. 3760665760 P 8 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal (3) Some Korean witnesses (3) Some Korean witnesses testified that they saw 7 refugees testified that they saw-had seen 7 killed on July 25th when refugees refugees, who were incompliant with were directed by US forces to stay in the US control, be killed on July 25th an open area near Ha Ga Ri, 1.5km when refugees were directed by US from the village of Joo Gok Ri. The forces to stay in an open area near Review could not confirm whose Ha Ga Ri, 1.5km from the village of soldiers were involved, nor whether Joo Gok Ri. The Review could not this action was a reaction to a confirm whose soldiers were violation of refugee control measures involved, nor whether this action was in effect at the time. a reaction to a violation of refugee control measures in effect at the time. (4) Some US and Korean (4) Agreed. witness statements say that Korean refugees came in contact with US forces in the vicinity of No Gun Ri as they both moved east. As they moved from Yongdong toward Hwanggan, the refugees passed from the road to the railroad tracks. Some US veterans and Korean witnesses recalled that US forces directed refugees to the railroad tracks, conducted searches for infiltrators, weapons and other contraband. Other veterans and Korean witnesses had no recollection of searches being conducted. 7 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29' 00 10:03/ST. 10:02/NO. 3760665760 F 9 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal d. Air Strikes d. Air Strikes (1) According to their statements, (1) According to their statements in many Korean witnesses indicate that the testimony, many Korean they were strafed or bombed by US witnesses and some US veterans airplanes around noon on July 26, indicate that the refugees near No 1950. Gun Ri were strafed or bombed by US aircraft around noon on July 26, 1950. (a) Official US Air Force (a) Official US Air Force records and pilot interviews found records and pilot interviews found during research do not reflect during research do not reflect air missions flown on the 26th in the strike missions flown on the 26th in vicinity of No Gun Ri. There were, the vicinity of No Gun Ri. There however, some missions flown on were, however, Some missions flown the 26th of July for which no mission over the Yongdong area on the 26th reports could be found. of July, however, did the 5th Air Force summary of air operation show, for which no mission reports could be found. (b) Additionally, analysis of (b) Agreed. the August 6, 1950 reconnaissance photograph shows an area of probable strafing on the railroad tracks in the area indicated by the Korean witnesses. There is no way of determining the exact date of the probable strafing. 8 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29' 00 10:03/ST. 10:02/NO. 3760665760 P 10 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal (c) Early in the morning on (c) Agreed. July 27, 1950, an air strike did, in fact, take place in the 1st Battalion, 7th Cavalry Regiment area in the vicinity of No Gun Ri. (d) The Review could, (d) Agreed. therefore, not exclude the possibility of an air strike occurring on July 26th in the vicinity of No Gun Ri. (2) Air Force records show that US (2) Air Force records show that US Air Force jet aircraft flying at that Air Force jet aircraft flying at that time did not carry bombs whereas time did not carry bombs whereas propeller driven aircraft did. While propeller driven aircraft did. While some Korean witnesses stated that some Korean witnesses stated that the aircraft directly attacked them, the aircraft directly attacked them others have stated that they only refugees, others have stated that recall explosions and machine gun they only recalled explosions and fire and other munitions effects, machine gun fire and other munitions including shrapnel, flames and heat. effects, including shrapnel, flames Official records indicate that US and and heat. Official records indicate North Korean Army forces did that US and North Korean Army exchange artillery and mortar fire in forces did exchange artillery and the vicinity of No Gun Ri between mortar fire in the vicinity of No Gun July 26 and July 29 1950. Ri between July 26 and July 29 1950. Some US veterans witnessed that refugees were killed or injured by US artillery and mortar fire. 9 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29'00 10:03/ST. 10:02/NO. 3760665760 P 11 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) (3) Some Korean witnesses ROK Proposal stated that US soldiers called in air strikes on the refugees by use of a (3) Some Korean witnesses radio available to US ground forces stated that US soldiers called in air at the time. Both Review Teams strikes on the refugees by use of a agree that, on July 26, 1950, the radio available to US ground forces ordinary US ground soldier was at the time. Both Review Teams equipped only with a portable radio agree that, on July 26, 1950, the and was incapable of talking directly ordinary US ground soldier was to an Airborne Tactical Air Controller equipped only with a portable radio and requesting an air strike. Army and was incapable of talking directly units could submit a request for an to an Airborne Tactical Air Controller air strike but had to pass it through and requesting an air strike. Army channels to the Joint Operations units could submit a request for an Center. The processing time for such air strike but had to pass it through a request could not have resulted in channels to the Joint Operations a prompt response. As a result, any Center. The processing time for such air strike which hit refugees, whether a request could not have resulted in it occurred on the 26th or 27th, was a prompt response. As a result, any not in response to a call for fire from air strike which hit refugees, whether US soldiers in the No Gun Ri vicinity. it occurred on the 26th or 27th, was not in response to a call for fire from The US does not agree withins US soldiers in the No Gun Ri vicinity. proposalt 10 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC' OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29'00 10:03/ST. 10:02/NO. 3760665760 P 12 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal (4) The U Sidge, notragree withthis (4) Victims witnessed that an air proposal strike was made on 26 July after a reconnaissance aircraft flew over. In addition, the US Air Force mission reports for the sorties flown over the Yongdong area on 26 July showed that a liaison aircraft of the 1st Cavarly Division actually guided and controlled fighters. A request for an air strike could have been made by the ground forces through either the liaison aircraft or TACP. (5) As shown in the memo by Col (5) The does.not agree with this Turner C. Rogers, the US 5th Air proposal Force had complied with the army request to strafe all civilian refugee parties that are noted approaching the US positions. This memo assumes the possibility of air strikes in No Gun Ri area, but not sufficient to be accepted as an evidence directly substantiating them. (6) in addition, victims testified that (6) the US soldiers positioned near the proposal. double overpass fired at refugees escaping into the culvert from the air strike as well as shells of ground forces. 11 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29 00 10:03/ST. 10:02/NO. 3760665760 P 13 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal e. Ground Fire and Issuance of e. Ground Fire and Issuance of Orders Orders (1) US ground forces fired toward (1) Agreed. refugees in the vicinity of No Gun Ri during this period. (a) ****At some time between July (a) Based on analysis of the bullet 26th and 29th, 1950, some US marks on the walls of both the soldiers fired toward the refugees double overpass and culvert as well who were at various locations as of the August 6, 1950 including inside the double overpass. reconnaissance photograph They did so either to control the capturing No Gun Ri area, At at refugees' movements or because some time between July 26th and they believed that they had received 29th, 1950, some US soldiers fired small arms fire from those toward the refugees who were at locations. As a result, an various locations including inside the unknown number of refugees were double overpass. They did so either killed or injured. Soldiers fired to control the refugees' movements without orders. or because they believed that they had received small arms fire from those locations. Korean victims witnessed, however, that there were no communist sympathizers among those refugees killed or injured because most of them were villagers from Im Ke Ri or Joo Gok Ri. As a result, an unknown number of refugees were killed or injured. Soldiers fired without orders. However, some of Korean survivors and US veterans testified that the US soldiers either gave first aid to the wounded or evacuated them to the nearby hospital, and 17 people were so far confirmed to have received such treatments. 12 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC. OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29' 00 10:04/ST. 10:02/NO. 3760665760 P 14 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 ROK Proposal US Proposal (as of 7 Nov) (b) The ROK and US Review (b) The ROK and US Review Teams understand that could not Teams understand that this action confirm whether or not this action was not indiscriminate in nature or a was not indiscriminate in nature or a premeditated effort to kill Korean premeditated effort to kill Korean refugees. refugees. (2) Since some US veterans (2) The Review Teams of both witnessed that they fired by the order countries understand that US whereas others denied it, the Review commanders did not issue oral or Teams of both countries-understand written orders to shoot Korean that could not confirm whether or not civilians between the 25th and 29th US commanders did not issue oral or of July 1950. written orders to shoot Korean civilians between the 25th and 29th of July 1950. (3) The Journal of the 8th Cavalry Regiment, the 1st Cavalry Division shows, though records of other regiments do not, guidelines on shooting refugees to prevent them passing through US front lines. 13 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29 10:04/ST. 10:02/NO. 3760665760 F 15 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal f. Number of Casualties f. Number of Casualties (1) Because of the passage of 50 (1) Agreed. years and the effects of the Conflict, the number of South Korean refugees killed, injured or missing as a result of the events in the vicinity of No Gun Ri from July 26 to July 29 1950 cannot be determined. (2) During their review, the Korean Review Team reported an unverified (2) Agreed. number of 248 South Korean civilians were killed, injured or missing in the vicinity of No Gun Ri between July 25 and July 29, 1950. (3) The US Review could not verify (3) The US Review could not verify the number of casualties. The US the number of casualties. The US Team's research revealed no Korean Team's research revealed no Korean Conflict archival official records of Conflict archival official records of refugee deaths or injuries that refugee deaths or injuries that occurred in the vicinity of No Gun Ri occurred in the vicinity of No Gun Ri between July 26 and July 29, 1950. between July 26 and July 29, 1950. However, based on US interviews, However based on US interviews, the US Team believes the number of the US Team believes the number of killed and injured was substantially killed and injured was substantially less than the number reported by the less than the number reported by the Korean Review Team. Korean Review Team. (4) The US doesnot agree withthis (4) The exact number of casualties proposal, will be verified through a comprehensive and precise investigation. 14 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29' 00 10:04/ST. 10:02/NO. 3760665760 P 16 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal 3. Conclusion of the Review 3. Conclusion of the Review. Bearing in mind the enduring Bearing in mind the enduring suffering of the victims, the Korean suffering of the victims, the Korean and American Review mutually and American Review mutually understand that: understand that: a. An undetermined number of a. The No Gun Ri incident was an Korean civilians were killed or injured incident where an An undetermined by US combat action in the vicinity of number of Korean civilians refugees No Gun Ri during the last week of were killed or injured by US combat July 1950. action soldiers in withdrawal operation in the vicinity of No Gun Ri during the last week of July 1950. (1) It could not be confirmed whether (1) These Korean casualties did not or not these These-Korean occur as a result of a specific intent casualties did not occur occurred as by US personnel to kill Korean a result of a specific intent by US refugees. personnel to kill Korean refugees. (2) No American-soldier or airman (2) No American soldier or airman was ordered to kill Korean refugees. was ordered to kill Korean refugees. The Review Teams could not confirm that oral or written orders to shoot civilians were issued directly by the chain of command. b. The diligent and conscientious b. The diligent and conscientious bilateral efforts of both countries in bilateral efforts of both countries in this endeavor represent a significant this endeavor represent a significant contribution to the maintenance of contribution to the maintenance of the vital and long-standing ROK-US the vital and long-standing ROK-US alliance. alliance. Bearing in mind the long lasting sorrow of victims as well as The US does notagree with this the sacrifice of the US soldiers proposal, during the Korean War, the ROK and 15 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. FROM OFC OF SECDEF/EXECUTIVE SUPPORT CT (WED) 11. 29'00 10:04/ST. 10:02/NO. 3760665760 F 17 DRAFT 27 Nov 2000 ROK Proposed Statement of Mutual Understandings For Official Use Only as of 28 November 2000 US Proposal (as of 7 Nov) ROK Proposal US Teams firmly believe that this The US investigation on an incident that proposal, occurred during the Korean War will not only help maintain a more stable ROK-US alliance but also serve as a significant opportunity to realize the value of democracy and recognize the importance of human rights. 16 Both sides understand that the respective working groups have agreed only that we will take the agreed upon changes to our senior leaders for their review and approval. That each group will discuss the points proposed by the other side on which we were unable to reach agreement with our senior leaders. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 010. cable re No Gun Ri: Preparing for the Conclusion (3 pages) 11/29/2000 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] h(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or h(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA h(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA] RR. Document will be reviewed upon request. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 011. notes handwritten, re meeting on No Gun Ri (2 pages) c 11/2000 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)| P1 National Security Classified Information |(a)(1) of the PRA| b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRAJ b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRAJ an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA] b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA] RR. Document will be reviewed upon request. 2 wears Charlie Kragin Act Lee Peach after P.T. Henry - - Asst See Any Alangower - - Go Gl KIM Next weed Arizone Gregy 0 budreyes, May, Riscas, Mc Class NO GUN RI Agenda 1. Status of IG report and ROK report. 2. Status of US-ROK - efforts to draft "core statement" of common conclusions. 3. Role and composition of Advisory Group. 4. Efforts to minimize bilateral impact. 5. Press issues, outreach efforts; rollout strategy to include timing. See PMO - How fets have School of Briefs Interogray troup - Aremo to State not working Sandy Press, Cong, Dipl, Preo there / Cohn lead ? NGR rollout dialeg. Dragging feet Allight there 1 Process all in tanch Stuff for her trip- Roll outs trategy Def Isle Pull together - not cument but - integrated Def 15th Pub offorms Start egg Roll ant plan - Vets group Small Group S Fan Roth >01der Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 012. email Jonathan Scharfen to Hans Binnendijk re No Gun Ri (4 pages) 10/10/2000 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information |(a)(1) of the PRA] b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office |(a)(2) of the PRA] h(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute |(a)(3) of the PRA an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or h(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information [(a)(4) of the PRA b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA| b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] h(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA| RR. Document will be reviewed upon request. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 013. email Justin Siberell to Hans Binnendijk re No Gun Ri Update/Decision (2 12/18/2000 P1/b(1) pages) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - 144 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] PI National Security Classified Information |(a)(1) of the PRA b(1) National security classified information |(b)(1) of the FOIA| P2 Relating to the appointment to Federal office [(a)(2) of the PRAJ b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute |(b)(3) of the FOIA] financial information |(a)(4) of the PRAJ b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRAJ b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(b)(6) of the FOIA] personal privacy |(a)(6) of the PRA b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA] RR. Document will be reviewed upon request. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 014. cable re No Gun Ri: PM's Office Readout (5 pages) 01/02/2001 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information |(a)(1) of the PRA] b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office ((a)(2) of the PRA] h(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRAJ an agency [(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or h(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRA] b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA| and his advisors, or between such advisors [a)(5) of the PRAI b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] h(7) Release would disclose information compiled for law enforcement purposes |(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed h(8) Release would disclose information concerning the regulation of of gift. financial institutions [(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 015. cable re No Gun Ri (1 page) 01/02/2001 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - [44 U.S.C. 2204(a)] Freedom of Information Act - 15 U.S.C. 552(b)] P1 National Security Classified Information [(a)(1) of the PRA] b(1) National security classified information |(b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRA] an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA| financial information |(a)(4) of the PRA b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information [(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRA b(6) Release would constitute я clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] personal privacy [(a)(6) of the PRA] h(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. b(9) Release would disclose geological or geophysical information 2201(3). concerning wells |(b)(9) of the FOIA] RR. Document will be reviewed upon request. Presidential Statement on Nogun-ri Incident On behalf of the United States of America, I deeply regret that Korean civilians lost their lives at Nogun-ri in late July, 1950. The intensive, year-long investigation into this incident has served as a painful reminder of the tragedies of war and the scars they leave behind on people and on nations. Although we have been unable to determine precisely the exact events that occurred at Nogun-ri, it is clear that innocent Koreans were killed. To those Koreans who lost loved ones at Nogun-ri, I offer my condolences. Many Americans have experienced the anguish of innocent casualties of war. We understand and sympathize with the sense of loss and sorrow that remains even after a half a century has passed. I know that nothing can ever remove your sadness, but I sincerely hope that the memorial to these and all other innocent Korean victims of the Korean War the United States will construct will bring you a measure of solace and closure. The educational fund that we will launch will serve as a living tribute to their memory. As we honor those civilians who fell victim to this conflict, let us not forget that pain is not the only legacy of the Korean War. American and Korean veterans fought shoulder to shoulder in the harshest of conditions for the cause of freedom, and they prevailed. The vibrancy of democracy in the Republic of Korea, the strong alliance between our two countries, and the closeness of our two peoples today is a testament to the sacrifices and made by both of our nations fifty years ago. Withdrawal/Redaction Marker Clinton Library DOCUMENT NO. SUBJECT/TITLE DATE RESTRICTION AND TYPE 016. email Randy Beardsworth to Hans Binnendijk re No Gun Ri (6 pages) 01/04/2001 P1/b(1) COLLECTION: Clinton Presidential Records National Security Council Hans Binnendijk (Defense Policy and Arms Control) OA/Box Number: 3482 FOLDER TITLE: No Gun Ri [Korea] [1] 2009-0528-F kc1405 RESTRICTION CODES Presidential Records Act - |44 U.S.C. 2204(a)] Freedom of Information Act - [5 U.S.C. 552(b)] P1 National Security Classified Information |(a)(1) of the PRA] b(1) National security classified information ((b)(1) of the FOIA] P2 Relating to the appointment to Federal office [(a)(2) of the PRA] b(2) Release would disclose internal personnel rules and practices of P3 Release would violate a Federal statute [(a)(3) of the PRAJ an agency |(b)(2) of the FOIA] P4 Release would disclose trade secrets or confidential commercial or b(3) Release would violate a Federal statute [(b)(3) of the FOIA] financial information [(a)(4) of the PRAJ b(4) Release would disclose trade secrets or confidential or financial P5 Release would disclose confidential advice between the President information |(b)(4) of the FOIA] and his advisors, or between such advisors [a)(5) of the PRAJ b(6) Release would constitute a clearly unwarranted invasion of P6 Release would constitute a clearly unwarranted invasion of personal privacy |(h)(6) of the FOIA] personal privacy [(a)(6) of the PRA] b(7) Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] C. Closed in accordance with restrictions contained in donor's deed b(8) Release would disclose information concerning the regulation of of gift. financial institutions |(b)(8) of the FOIA] PRM. Personal record misfile defined in accordance with 44 U.S.C. h(9) Release would disclose geological or geophysical information 2201(3). concerning wells [(b)(9) of the FOIA] RR. Document will be reviewed upon request.