[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.

____________________