This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu handwritten note on page: MIA June 21, 1974 Mr. Robert E. Treese National Administrator, VIVA 10966 Le Conte Avenue Los Angeles, California 90024 Dear Mr. Treese: Thank you very much for your recent letter informing me of your interest in the need for reform of current procedures for MIA-status reclassification. As you know, I have long been interested in helping the families of American POW's and MIA's in any way that I can. I have recently been in contact with other members of VIVA regarding the reclassification procedures which the DOD now practicees In particular, I share their concern that "no new information" should not be the basis for declaring the death of an MIA. Consequently, I am considering introducing a bill on the Senate floor which would prevent this practice, and which would also assist the families of MIA's in other ways. Am enclosing a copy of an initial draft of that bill, and would appreciate any comments or suggestions you might have. I'm hopeful that this measure might prove beneficial to the members of your group, and would appreciate your response at your earliest convenience. Sincerely yours, BOB DOLE United States Senator BD: rld s-con_285_015_001_A1b.pdf Page 1 of 5 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu VIVA VOICES IN VITAL AMERICA Dedicated to those who preserve our freedom, shall it forever endure 10966 LeConte Avenue Los Angeles, Cal. 90024 (213) 473-2901 / 879-0335 June 18, 1974 The Honorable Robert Dole Senate Office Building Washington, D.C. 20510 Stamp on page reads: SENATOR BOB DOLE, RESERVED, JUN 19 1974, WASHINGTON, D.C. 20510 Dear Senator Dole: Thank you for your concern regarding MIA/POW status changes. The Department of Defense has been responding to queries about status changes of men Missing in Action (MIA) to presumptively dead (PFOD) with a vague answer explaining that they are living up to the letter of the law, based on the final decree entered in McDonald - vs. - McLucas (73 Civ. 3190). They may be conducting these reviews in accordance with existing law, but are we fulfilling our obligation to these men by making a premature evaluation before all the facts are in? I believe that we must ask the question as to what is best for these men? Is now the time to review their status? If so, does no new informa- tion for the last year mean that we now have information to change a status, even though the North Vietnamese and their allies have not supplied any information? Even Lt. Gen. Daniel James, Jr., Principal Deputy Assistant Secretary of Defense, in the attached letter dated April 9, 1974, to Mr. & Mrs. Ralph Rhynders stated that " ... because of this lack of informa- tion, have no basis for a status change". It seems to me that we are approaching the problem backwards. The North Vietnamese are not living up to their end of the agreement so we are adjusting our end of the agreement at the expense of our men who are classified as Missing in Action. DOD has stated that a finding of death is made when circumstances are such that the missing individual cannot reasonably be presumed to be living. I must ask the question -- If the missing individual cannot be assumed living, must he be presumed dead? Why presume anything until Hanoi lives up to the Paris Agreement, especially Articles 8 (a) and 8 (b)? Are they acting in the best intersts of these men? DOD further states that, "Under the law, a missing serviceman is presumed to be deceased when a careful, individual review of all available information concerning his case by the Secretary and his experts reveals that the serviceman can no longer be presumed to be living". MAILING ADDRESS: POST OFFICE BOX 24566, LOS ANGELES, CALIFORNIA 90024 s-con_285_015_001_A1b.pdf Page 2 of 5 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu Page 2. During our discussions with the North Vietnamese Delegation in Saigon last fall, they stated that our government says the guys are dead so why discuss it? This is writing the guys off. DOD owes it to the men, the families and to all Americans to account for them. They further state that, "Changes in status is not unalterably tied to the inspection of combat sites or to the recovery of remains, nor, does it negate the necessity for the other side to comply with Article 8 (b) of the Paris Agreement". This is very contrary to what the North Vietnamese told us, and since they are the ones to comply to Article 8 (b) , I believe this is very significant. There has been discussion by DOD and others about the financial considerations for the families. I am sure that virtually all families, wives and parents alike would much rather their case be resolved, rather than have financial benefits. This is an emotional play by someone to demoralize families. There are three main sources of information on the fate of these missing men. First, as explained by Lt. Gen. Daniel James, Jr., Principal Deputy Assistant Secretary of Defense, the returned POWs released over one year ago. This allowed resolution of the cases of fewer than 100 men. Second, the search teams of the Joint Casualty Resolution Center (JCRC) who have thus far only been able to operate in controlled areas of South Vietnam and have resolved less than 20 cases. Third, information that can be furnished by Hanoi in compliance with Article 8 (b) of the Paris Agreement. As can be seen, the latter two sources of information have not been successfully utilized. It is our opinion that status changes based on "no new information" is premature and not in the best interests of the men. We have been told that there are delicate negotiations continuing between the parties of the Paris Agreements. If this is so, we should hold off the status changes until we see the results of the negotiations. It is my opinion that DOD wants to close the door on the issue. Although I am realistic enough to know we will not get all men accounted for, we still have not yet reached the point where we should stop our fight. There are too many unresolved questions -- what if some men are still alive? Will you do what you can to stop DOD's attempts to terminate the issue? Will you do what you can to get DOD to work with the families rather than fight against them? Your help is vital. Thank you. Very truly yours, (signature) ROBERT E. TREESE NATIONAL ADMINISTRATOR s-con_285_015_001_A1b.pdf Page 3 of 5 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu ASSISTANT SECRETARY OF DEFENSE WASHINGTON, D.C. 20301 PUBLIC AFFAIRS 9 APR 1974 Mr. and Mrs. Ralph Rhynders 10 Lori Street Poughkeepsie, New York 12603 Dear Mr. and Mrs. Rhynders: On behalf of President Nixon, I am replying to your letter, postmarked March 26, 1974, regarding our servicemen who still are listed as missing in action in Southeast Asia, such as Lieutenant Commander Ronald W. Dodge and Staff Sergeant Donald L. Sparks. We have no additional information at this time concerning these men. However, you may be assured that the accounting for them and all our missing servicemen is a matter of the greatest concern to President Nixon and the Department of Defense. We recognize our obligation to these Americans and their families, and fulfillment of this obligation remains one of our highest priority tasks. The President and other Govern- ment officials have repeatedly expressed their determination to press on for a full accounting of these brave men and to pursue this important mission vigorously until it is accomplished. By special Proclamation, President Nixon designated January 27, 1974, as National MIA Awareness Day, dedicating the occasion to the many Americans who remain missing and unaccounted for in Southeast Asia, and to their families. In doing so, he noted that in the year since the Vietnam Agreement was signed communist authorities have failed to account for our missing servicemen. As a result, he said, "the families of our miss- ing men continue to live with the anguish of uncertainty about the fate of their loved ones," and he called on all Americans "to join on this occasion in expressing the clear, continuing commitment of the American people and their Government to seek the fullest possible accounting for Americans missing in South- east Asia and the return of the remains of those who died." I am enclosing a copy of the Proclamation, which you may wish to read. s-con_285_015_001_A1b.pdf Page 4 of 5 This document is from the collections at the Dole Archives, University of Kansas http://dolearchives.ku.edu The President gave further assurance of our resolve in this matter in his State of the Union message on January 30, 1974. He said: "We will continue to insist on full compliance with the terms of the agreements reached in Paris, including a full. accounting of all of our men missing in Southeast Asia." As to more prisoners of war remaining in Vietnam, you will recall that following the prisoner of war releases in February, March, and April of 1973, we were loft with 1,363 servicemen for whom no accounting was received. Of that total, a number were men we had classified as prisoner of war at some time during the hostilities. As of this date, the number still classified as POW is 58. During the course of the war the other side did not provide information on who was held or might have died in captivity. Hence status determinations were frequently renditions of judgment based upon the best information available. Since the cease fire of last year, we have learned nothing more about these men from the other side and, because of this lack of information, have no basis for a status chance. However, you may be assured that we have demanded a full explanation of what happened to these men and why their names have not appeared on any of the lists provided by the other side. Since the cease-fire on January 27, 1973, our representa- tives to the Four-Party Joint Military Team have repeatedly pressed the other side for the fullest possible accounting. On March 6 and 13, 1974, the Democratic Republic of Vietnam (North Vietnam) did release to the United States what they stated were the remains of a total of 23 American service- men, who had been reported earlier by the other side as having died in captivity in the North. Although no other commitments have been expressed by the other side, we continue our negotiations and are hopeful that this latest response will lead to further fulfillment of their obli- gations under Article 8(b) of the Paris Agreement. I also am enclosing several reports describing the efforts of the United States Government in behalf of our missing servicemen. I hope the information provided will give you a better under- standing of our activities in attempting to resolve the fate of all Americans remaining unaccounted for in Southeast Asia. Sincerely, (signature) Daniel James, Jr. Lieutenant General, USAF Principal Deputy Assistant Secretary Enclosures 3 s-con_285_015_001_A1b.pdf Page 5 of 5