LETTER TO HONORABLE ROY L. ASH FROM FRANK J. SHERLOCK

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000600060011-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 9, 2016
• Document Release Date: June 19, 2001
• Sequence Number: 11
• Publication Date: May 30, 1973
• Content Type: LETTER

&Vk-,72 3 -- 60 9Q
Approved For ReleaipA jk / :& MP75B00380R000600060011-2
OFFICE OF GENERAL COUNSEL
WASHINGTON, D. C. 20301
May 30, 1973
Honorable Roy L. Ash
Director, Office of Management
and Budget
Washington, D. C. 20503 OSD Declassification/Release Instructions
on File
Dear Mr. Ash:
The views of the Department of Defense have been requested
on H. R. 6364, 93rd Congress, a bill "To provide that members
of the Armed Forces and Central Intelligence Agency employees
who were prisoners of war or missing in action for any period
during the Vietnam conflict may receive double credit for such
period for retirement purposes. "
Advice is requested as to whether there is any objection to the
submission of the attached report to the Committee. It is
intended to submit a substantially similar report on H. R. 4294,
93rd Congress.
Sincerely,
Frank J.(/Sherlock
Director
Legislative Reference Service
Approved For Release 2001/08/25 : CIA-RDP75B0038OR000600060011-2
 Approved For Release 2001/08/25 : CIA-RDP75B0038OR000600060011-2
GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE
WASHINGTON, D.C. 20301
Honorable F. Edward Hebert
Chairman, Committee on Armed Services
House of Representatives
Washington, D. C. 20515
Dear Mr. Chairman:
DOD Response
Reference is made to your request for the views of the Department
of Defense with respect to H. R. 6364, 93rd Congress, a bill "To
provide that members of the Armed Forces and Central Intelligence
Agency employees who were prisoners of war or missing in action
for any period during the Vietnam conflict may receive double
credit for such period for retirement purposes. "
The purpose of the bill is as stated in its title.
This report is restricted to that part of H. R. 6364 which relates to
authorizing members of the armed forces who were prisoners of war
or missing in action, double credit for retirement purposes for periods
in which they were prisoners of war or missing in action.
Section 1 of the bill states that the Act may be cited as the "Military
and CIA War Prisoners Benefits Act of 1873". Section 2 states that
in view of the loyal service rendered by prisoners of war and the hard-
ships and anxiety experiences by prisoners of war and their families,
that the Congress finds it in the public interest to enable the former
prisoners, if they elect to do so, to "retire early from the service of
their country" and that to achieve that end, double credit for periods
in a confinement or missing status should be authorized. Section 3
would amend 10 U. S. C. 1405 to authorize persons benefitted by the bill
to elect within two years after his return to the jurisdiction of the
United States, to credit such periods in determining eligibility for
retirement and in computing their retired pay. Section 4 of the bill
would amend section 251 of the Central Intelligence Agency Retirement
Act of 1964 for Certain Employees (50 U. S. C. 403(f) note), to provide similar
double credit for employees of that agency. Section 5 provides that for
persons whose "missing status" was terminated before the date of enact-
ment, the two year period within which an election is required would
begin to run on the date of enactment.
Approved For Release 2001/08/25 : CIA-RDP75B0038OR000600060011-2
 Approved For Release 2001/08/25 : CIA-RDP75B0038OR000600060011-2
The Department of Defense is acutely aware of the physical hardships,
privations, and mental anguish experienced during the period of their
captivity by persons who were prisoners of war during the Vietnam
period. Their families also experienced agony and uncertainty over
the welfare and treatment of their husbands, sons, fathers or brothers,
as the case may be.
During the period of captivity of those who were prisoners of war during
the Vietnam hostilities, the Department of Defense and the Congress
have taken many actions to aid the families of the absent member and to
provide for the day when the member and his family would be reunited.
During the member's absence, his pay and allowances continued to be
payable and he continued to be promoted along with his contemporaries.
To the extent that it was possible to do so, the member's financial
situation and the physical needs of his family were provided for in the
same manner as the member would have provided for such needs had
he been present. More has been done in monetary ways to aid the
Vietnam prisoners of war than has ever been done before in our history
for members of our armed forces. It must be recognized, however,
that regardless of these actions, it will never be possible to fully com-
pensate in a material way for the hardships and the privations experienced
by prisoners of war and their families.
While recognizing the adversities experienced by prisoners of war, the
Department of Defense and the nation should not lose sight of those
others who have served their country in the armed forces, including
those who died as well as those who have suffered major disability in
the course of their service. They have also suffered and are entitled to
the gratitude of the nation for the contributions they have made and the
losses they have suffered.
It is the view of the Department of Defense that enactment of legislation
such as H. R. 6364, which would single out those persons who have been
prisoners of war and who ultimately retire from the armed forces, for
the special benefits provided by H. R. 6364, is not appropriate. Such
legislation would not benefit those who do not remain in service until
retirement nor does it recognize in an equivalent way those who have
lost their limbs or their sight, or have suffered other major impairment
but who were not captured.
The Department of Defense believes that to the extent that material bene-
fits can compensate for the hardships and privations suffered by prisoners
Approved For Release 2001/08/25 : CIA-RDP75B0038OR000600060011-2
 Approved For Release 2001/08/25 : CIA-RDP75B00380R000600060011-2
of war and their families, those benefits have already been provided.
Those particular benefits, together with the wide range of benefits
available generally to other veterans of service in the armed forces,
will to the extent possible enable retired prisoners of war to resume
their rightful place in the American society.
The Office of Management and Budget advises that, from the standpoint
of the Administration's program, there is no objection to the submission
of this report for the consideration of the Committee.
Sincerely,
L. Niede rlehne r
Acting General Counsel
Approved For Release 2001/08/25 : CIA-RDP75B00380R000600060011-2
 Approved Wege.We0a*61/4 ~I~t ~~ T380R000600060011-2
.1 ROUTE SLIP
Mr. John Maury - CIA
TO
Take necessary action ^
Approval or signature ^
Comment ^
Prepare reply
Discuss with me
For your information ^
Jim Hyde - LRD
FROM
REMARKS
We have just cleared
report on H.R. 6364. It is
reconsider, in the light of
See remarks below
7/24/73
your report on this bill and`
reconsideration, we will take
on it.
ted that you
efense report,
nding such
further action
Approved For Release 2001/08/25: CIA-RDP75B0038ORDS08 0011-2