[Congressional Record Volume 141, Number 31 (Thursday, February 16, 1995)]
[Extensions of Remarks]
[Pages E368-E370]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


          THE MISSING SERVICE PERSONNEL ACT OF 1995, H.R. 945

                                 ______


                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                      Wednesday, February 15, 1995
  Mr. GILMAN. Mr. Speaker, today I rise to introduce the Missing 
Service Personnel Act of 1995, an important bill for those who care 
deeply about the POW/MIA issue.
  This legislation will make important changes to sections 555 and 556 
of the Missing Service Personnel Act of 1942 by reforming the 
Department of Defense's process for determining whether any member of 
the Armed Forces should be listed as missing in action. In so doing 
this bill will unveil the curtain of secrecy which currently surrounds 
any DOD decision concerning a person's status as missing in action.
  Mr. Speaker, legislation pertaining to those missing in action have 
not changed over the past 50 years. As all of us who care dearly about 
this important issue know, the Department of Defense and the U.S. 
Government have been continually criticized for their handling of the 
POW/MIA issue since the Vietnam war. Accordingly, the time has come to 
make appropriate corrections in how the Government determines who in 
the Armed Forces should be classified as missing in action.
  The bill I am introducing today will, in turn, ensure fairness to all 
concerned by involving family members, requiring legal representation, 
and by permitting Federal court review of all determinations. These 
significant changes will ensure that no soldier or sailor, currently 
listed as missing in action, will be declared dead without a full and 
fair review of all available evidence and until all possible 
considerations have been examined.
  Accordingly, I urge my colleagues who share their concern with the 
POW/MIA issue to support this important and fair legislation. This 
legislation is supported by the American 
[[Page E369]] Legion, by the Vietnam Veterans of America, the National 
Alliance of Families, and other POW/MIA organizations.
  Mr. Speaker, I am submitting supporting letters from these 
organizations to be printed in the Record following by statement.
                                          The American Legion,

                                 Washington, DC, February 1, 1995.
     Hon. Benjamin A. Gilman,
     U.S. House of Representatives, Washington, DC.
       Dear Representative Gilman: The American Legion is 
     extremely appreciative of your past efforts and actions to 
     obtain the fullest possible accounting of American prisoners 
     of war and those missing in action from previous conflicts 
     and the Cold War. We are pleased to hear that you are again 
     leading an effort to introduce legislation that will go even 
     further toward addressing the plight of the missing and the 
     concerns of their families.
       The American Legion has supported the POW/MIA issue as a 
     matter of the highest priority for many years. Your 
     sponsorship of such a bill is significant for all who served 
     in the past, those who now serve and those who will serve in 
     the future. It also comes at a time when concern for our 
     missing is becoming obscured by potentially lucrative 
     business contacts with former adversaries. We must not let 
     those who are missing be forgotten.
       We recognize that the families of the missing and other 
     veterans organizations have pertinent and valid views that 
     may be considered for incorporation into any legislation 
     dealing with the missing. It is also the opinion of the 
     Legion that it is most imperative a bill be introduced as 
     soon as possible on this issue.
       The American Legion believes such legislation will provide 
     a more equitable basis for making status determinations for 
     all who are missing, and those who may be captured or 
     otherwise become missing in future military operations.
           Sincerely,
                                              John F. Sommer, Jr.,
     Executive Director.
                                                                    ____

                            Vietnam Veterans Of America, Inc.,

                                 Washington, DC, February 6, 1995.
     Hon. Benjamin A. Gilman,
     House of Representatives,
     Washington, DC.
       Dear Representative Gilman: Vietnam Veterans of America 
     (VVA) salutes you for introducing ``the Missing Service 
     Personnel Act of 1995.'' VVA's Board of Directors voted 
     unanimously to put the full force of our organization in 
     support of this legislation.
       No group of veterans knows more about how divisive and 
     bitter the unsettled questions about the fate of missing-in-
     action military personnel can be. Had such a law been in 
     place during the Vietnam War, many of the over 2,200 
     unresolved POW/MIA cases would have been resolved long ago, 
     and their families allowed a sense of closure and dignity for 
     the loss of their loved ones.
       Because the Missing Service Personnel Act of 1995 would 
     spell out in law a procedure for handling the very delicate 
     question of how and when a member of the Armed Forces 
     considered missing in action can be declared legally dead, we 
     believe this legislation will correct mistakes realized in 
     past wars. Although the new procedure could take a year, it 
     is a relatively short time compared to the decades of 
     uncertainty MIA families have experienced in the past. We 
     believe the process is not excessively complex, and does not 
     create undue burdens upon the Department of Defense. Most 
     importantly, families would know what to expect and would be 
     spared years of turmoil and pain.
       Quick action on the Missing Service Personnel Act of 1995 
     will assure that the men and women of our nation's Armed 
     Forces will not be subjected to the mistakes of the past. 
     Vietnam Veterans of America will lobby actively in support of 
     this bill, and we appreciate your introducing it.
           Sincerely,
                                             james L. Brazee, Jr.,
     President.
                                                                    ____

                                                N.Y. State POW/MIA


                                                 Action Group,

                                      Utica, NY, January 20, 1995.
     Re letter of support for your introduction of the Missing 
         Service Personnel Act of 1995.

     Hon. Benjamin A. Gilman,
     Chairman, International Relations, Washington, DC.
     Representative Susan Molinari,
     Representative Lee Hamilton,
     Representative Karen Thurman.
       Dear Representatives Gilman; Molinari; Hamilton; and 
     Thurman: On behalf of the members and supporters of the N.Y. 
     State POW/MIA Action Group, I extend to you all our profound 
     gratitude for your bipartisan sponsorship and cosponsorship, 
     of the Missing Service Personnel Act of 1995.
       This Act is both long overdue, and well crafted. The MIA 
     and their families deserve the peace of mind, and respect, 
     that the Act provides.
       Our support for this legislation is longstanding and we 
     look forward to the entire New York State delegation's 
     support, if not cosponsorship, for the Act.
       We stand ready to assist you in your efforts on behalf of 
     the Act, and hope and expect swift passage of this most 
     important legislation. Thank you again.
                                               Mr. Joseph Amerosa,
                                                        President.
                                  ____

                                   American Defense Institute,

                                                 January 19, 1995.
     Hon. Benjamin A. Gilman,
     House of Representatives, Washington, DC.
       Dear Congressman Gilman: The Missing Service Personnel Act 
     of 1995 is the most important piece of legislation written to 
     comprehensively protect service members from wars past and 
     future. Passage of this legislation, which you, Senator Dole, 
     and Senator Lautenbery are sponsoring in the House and the 
     Senate, will protect the service member's legal status from 
     arbitrarily being changed from POW to MIA to ``presumptive 
     finding of death.'' This measure will also permit families to 
     be better informed and give them authority to challenge 
     adverse decisions in court.
       Congressman, I want to thank you for introducing this bill, 
     which is near and dear to my heart. I have personally seen 
     many friends from years past ``written off'' by our 
     government, despite their families' objections. You have 
     performed a valuable service to the families of our missing 
     men and to those members of the armed forces who are or will 
     be missing in action. This bill has my full support.
           Sincerely,
                                       Eugene ``Red'' McDaniel,   
     CAPT, USN (Ret).
                                                                    ____

                                                      VietNow,

                                  Rockford, IL, December 23, 1994.
     Hon. Benjamin A. Gilman,
     Rayburn House Office Building, Washington, DC.
       Dear Congressman Gilman: We, as Veterans of the Armed 
     Forces of the United States of America, realize the 
     importance and the immediate need for ``The Missing Service 
     Personnel Act,'' which is long over due.
       The practice of changing the classification of those listed 
     as Prisoner of War or Missing In Action to Killed In Action 
     based on the presumption of death, due solely to the passage 
     of time, is an outrage! In the proposed ``Missing Service 
     Personnel Act,'' ``conclusive proof of death'' is required to 
     be established and based upon evidence that death is the only 
     plausible explanation for the absence of the missing person.
       Important provisions of this legislation, are the inclusion 
     of family members in the review process, their access to 
     information gained during the investigation and a set time 
     frame for the review process.
       Passage of the ``Missing Service Personnel Act'' is vital 
     and will restore a sense of confidence not only to those 
     effected by previous wars, but to those who may become 
     Prisoner Of War or listed as Missing In Action as a result of 
     future wars.
       Congressman Gilman, we thank you for your support and would 
     encourage you to reintroduce the ``Missing Service Personnel 
     Act'' as one of the first items to be introduced before the 
     House Of Representatives of the 104th Congress.
           Sincerely,
                                                      Rich Teague,
     ViewNow National POW/MIA Chairman.
                                                                    ____

                                          Marine Corps League,

                                                 January 20, 1995.
     Hon. Benjamin Gilman,
     International Relations, Rayburn HOB, Washington, DC.
     Representative Susan Molinari.
     Representative Lee Hamilton.
     Representative Karen Thurman.
     Re: Support for the Missing Service Personnel Act of 1995
       Dear Members Gilman, Molinari, Hamilton, and Thurman: The 
     Marines and Auxiliary of the Department of New York, want to 
     make clear our deep and widespread thanks to you all for your 
     introduction of the Act of 1995. Individually, you are to be 
     congratulated for your vision and courage to address this 
     element of the POW/MIA issue.
       We are aware of all the work put into developing the 
     language of this bill and salute you for an excellent piece 
     of legislation. This Act of 1995, must pass as introduced. We 
     also recognize the work by staff and veteran and POW/MIA 
     organizations.
       On behalf of those who have worn the uniform of the United 
     States, those who wear it today, and those who will wear it 
     in the future, and their families, may I express my sincere 
     gratitude for the introduction of the Act of 1995, and your 
     efforts to secure passage. We stand ready to assist you in 
     this effort.
           Yours truly,
                                                      Joseph Wise,
     Commandant.
                                                                    ____

                                        Task Force Omega Inc.,

                                   Glendale, AZ, January 10, 1995.
     Hon. Benjamin A. Gilman,
     Rayburn House Office Building, Washington, DC.
       Dear Congressman Gilman: The purpose of this letter is to 
     thank you for agreeing to re-introduce The Missing Service 
     Personnel Act in the House of Representatives and to 
     encourage you, in the strongest possible terms, to introduce 
     the bill early this legislative year.
       I am the father of an Air Force pilot, Lt. Col. Earl P. 
     Hopper, Jr. who became Missing in Action in North Vietnam on 
     10 January 1968--27 years ago this day. Statements of pilots 
     who were escorting him and his crippled aircraft out of North 
     Vietnam towards Laos verify that he safely ejected from his 
     aircraft and was alive when he reached the 
     [[Page E370]] ground. There is other information to support 
     the fact that my son survived his incident and was captured 
     to become a Prisoner of War. In fact, a three-man Commission 
     of the Department of Justice reviewed my son's case in 1982 
     and ruled that he was captured and was a Prisoner of War 
     based upon information provided by it by the United States 
     Air Force and other Government agencies.
       I gave 30 years of my life to my country in the United 
     States Army. I am a veteran of World War II, Korea and 
     Vietnam. Until I became involved actively in the POW-MIA 
     issue upon my retirement in November 1969, I had never 
     witnessed the military services nor the United States 
     Government treat its service men and women, and their 
     families, in such a blatant--and openly perfidious--manner as 
     they have the Prisoners of War and Missing in Action of the 
     Vietnam War.
       In February 1980 I represented my son before a Status 
     Review Hearing Board at Randolph Air Force Base, Texas. In 
     order to represent my son at this hearing, I had to pay for 
     the travel, meals and lodging for my civilian attorney, my 
     wife and myself. Across the table I faced three Air Force 
     Colonels, each of whom had set on a minimum of twelve 
     previous Status Review Boards. In each of the previous Status 
     Review Board hearings in which these Colonels participated, 
     each of them voted in favor of changing the man's status from 
     a living category of Prisoner of War or Missing in Action to 
     a deceased category of Killed in Action. Interestingly, in 
     every status review case, none of the Colonels ever voted to 
     keep the man in a POW-MIA status. In each of the hearings, 
     including my son's, there was never any presentation of 
     ``proof of death'' by the Air Force.
       In my son's case, it is a matter of record that classified 
     documents/information were provided to the three Board 
     members, but neither I nor my attorney were allowed to see 
     them. This was also true at those Status Review Board 
     hearings held by the other branches of the service.
       The ruse of the military services to have Status Review 
     Board hearings was simply to meet the minimal requirements 
     set down by the First Federal District Court of New York in 
     1975 when it ruled that the old Missing Persons Act of 1942 
     was unconstitutional--both on its face and in the manner in 
     which it was being implemented by the military services. The 
     burden to prove a man is alive rested upon the shoulders of 
     the primary next of kin of the POW-MIA. There is no 
     requirement, under the old act, to force the military service 
     to prove the individual is dead before his status is changed 
     to Killed in Action. This action constitutes a procedure 
     wherein an individual
      is legally dead but could very well be physically alive--a 
     major violation of the individual Prisoner of War or 
     Missing Person's civil rights.
       Further, the old law does not provide the next of kin the 
     right to appeal an adverse ruling by the military services. 
     This violates the principle used in the civilian justice 
     system, therefore the 1942 Act is prejudiced against the POW-
     MIAs (a living category) and their next of kin.
       The manner in which the military services have administered 
     the Missing Persons Act of 1942, and the Act itself, is 
     arbitrary, capricious and very biased against the missing 
     Serviceman. In each case, without exception, the Status 
     Review Boards have recommended a change of status for each 
     and every one of the POWs and MIAs from the Vietnam War. 
     (Note: One man was maintained in a POW status by the 
     direction of the Secretary of the Air Force only for 
     ``symbolic'' purposes after the review board recommended a 
     change in his status.) These decisions were made with 
     complete disregard of the great volume of intelligence 
     available to--and presented to--the Review Boards before and 
     during these individual hearings.
       Your bill, The Missing Service Personnel Act, allows all of 
     the direct next of kin, wives, mothers, fathers, brothers, 
     sisters, sons, and daughters the rightful access to 
     government information and intelligence which it receives on 
     their respective loved one. This is only correct and logical 
     since each of the principal relatives has the right to know 
     and to receive information on their family member as well as 
     the privilege--and responsibility--to seek that knowledge.
       The bill also brings into line the protection of the civil 
     rights of a military person equal to that provided to 
     civilian citizens of the United States. The Missing Persons 
     Act of 1942 does not provide that protection, therefore it is 
     unconstitutional and must be changed.
       I can safely say that this bill, and its counterpart in the 
     United States Senate, would be enthusiastically supported by 
     a vast majority of the POW-MIA families. I also can safely 
     state that a large majority of the veterans of this country 
     would support these Bills.
       Rescinding the old law and the passage of a new one by 
     Congress would not only right a wrong which has hovered over 
     the heads of military personnel since 1942, but would also 
     provide an assurance that the rights of a serviceman or woman 
     would be equal to that granted to the civilian citizens of 
     the United States.
       In view of the above, Congressman Gilman, again I strongly 
     urge you to re-introduce The Missing Service Personnel Act in 
     the House of Representatives.
           Respectfully,
                                              Earl P. Hopper, Sr.,
     Colonel, United States Army, Retired.
                                                                    ____

                                    Live POW Lobby of America,

                              Stewartstown, PA, December 21, 1994.
     Re the Missing Service Personnel Act.

     Representative Ben Gilman (NY),
     Longworth HOB, Washington, DC.
       Dear Mr. Gilman, I understand that you are prepared to 
     introduce in 1995, The Missing Service Personnel Act. My 
     organization completely and 100% supports and induces The 
     Missing Service Personnel Act, as we are a membership 
     advocacy group, for a full accounting of the POWs, who were 
     captured alive, but not released or accounted-for. Our 3,000 
     members, all, have asked me to forward this letter request to 
     your help in changing the way in which we declare dead the 
     once captured prisoner cases.
       The 83 U.S. Senators signed a letter to the Postmaster 
     General requesting that he have a POW/MIA POSTAGE STAMP 
     approved and issued by May 1995--Memorial day. And, several 
     veterans groups, MIA family groups and POW/MIA advocacy 
     groups have asked that a POW/MIA POSTAGE STAMP be issued.
       The current Administration and the Department of Defense 
     have made the accounting for the POW/MIA's a matter of the 
     Highest National Priority and are committed to all efforts of 
     show the American voters--that not all of the Americans who 
     went missing, are yet accounted-for. The Department of 
     Defense employs over 250 people, who work full time on trying 
     to find missing Americans, lost in wars. The Russians and 
     Americans have set up a task force that is working to find 
     missing Americans, who after capture, ended up in the old 
     Soviet Union. There are about 2,200 from Vietnam, 8,100 from 
     Korea and 76,000 from WWII who are still missing--all who 
     have been declared dead under an old out dated process. To 
     honor the price POWs paid for freedom and their country, a 
     more effective way of changing their status needs to be 
     approved. Please feel free to share the Live POW Lobby of 
     America's views with other Congressmen and Senators, so that 
     they might take our views into consideration in support of 
     this bill.
           Sincerely,
                                                 Michael Van Atta,
     Chairman.
                                                                    ____

                                                Allentown, PA,

                                                 February 2, 1995.
     Hon. Benjamin A. Gilman,
     U.S. House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Representative Gilman: Thank you for your support of 
     the Missing Service Personnel Act of 1995. I believe that 
     this important legislation will greatly improve the 
     availability of information to the families of our M.I.A.'s 
     both in the past and in the future.
       We, as a government, owe to our armed forces the knowledge 
     that any and all information on an M.I.A. will be 
     communicated to that person's family. I urge you to please 
     bring this bill to the House floor for a vote as soon as 
     possible.
           Sincerely,
                                                  David E. Begley,
     U.S.M.C., Bien Hoa V.N. 1972.
                                                                    ____



                                               Geoffrey Bruen,

                                     Easton, PA, February 1, 1995.
     Hon. Benjamin A. Gilman,
     U.S. House of Representatives, Rayburn House Office Building, 
         Washington, DC.
       Dear Representative Gilman: It is with great relief and 
     pleasure that I write this short letter to you sir.
       I want to thank you for being a champion to our cause and 
     supporting the ``Missing Service Personnel Act of 1995''. 
     Without you and your help to introduce this important bill, 
     it might have gone by the wayside.
       As a member of a Viet Nam Veterans Organization in 
     Pennsylvania, I would like to extend our heartfelt thanks and 
     gratitude on behalf of all of us.
       God bless you.
           Sincerely yours,
     Geoffrey Bruen.
                                                                    ____



                                 Task Force Omega of Colorado,

                           Colorado Springs, CO, January 31, 1995.
     Hon. Benjamin A. Gilman,
     Chairman, International Relations, Rayburn House Office 
         Building, Washington, DC.
       Dear Congressman Gilman: The membership of Task Force Omega 
     of Colorado is made up of veterans, family members of those 
     still listed as missing in action during the Vietnam War, and 
     concerned citizens. Many of the members live in the Colorado 
     Springs area, home of the U.S. Air Force Academy, Ft. Carson 
     Army Base, Peterson Air Force Base and U.S. Space Command and 
     the North American Air Defense Command (NORAD).
       Your efforts introducing the ``Missing Service Personnel 
     Act'' to the 104th Congress are most appreciated by all of us 
     here. We are proud of our men and women who currently serve 
     in the military and want to see their rights protected, if 
     ever any of them goes missing in defense of our Country.
       The provisions of this piece of legislation will guarantee 
     them their individual rights as members of this Nation's 
     military force and as citizens of the United States of 
     America. We applaud your diligence and express our gratitude 
     for the work accomplished by you and your staff on this 
     critical bill.
       Thank you, congressman Gilman.
           Very truly yours,
                                                  Dawn D. Lindsey,
                                                         Chairman.


     

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