I . . . . •' . •

20 October 1961

A MESSAGE FROM DEPUTY UNI:

It has been most gratifying to note a general improvement in most of the field components in the output of completed cases during the recent past. ~nile we haven't yet dented the backlo~, a significant increase in production has resulted from hard work and ingermity. In one District, for example, a complete cn.-ivn.s's of all pending cases led to the cancellation of a large number of leads no 1¢nger needed which had contributed t o the backlog . Another excellent pro.gram observed was the utilization of a group of Reserve Officers during a t wo- week training duty period. These · officers were iven a group of pre-selected cases, of an uncomplicated nature , with a few leads and involving no travel outside of the Headquarters city. The outcome of their coordinated as sro1lt on the accumulation of old cases was reflected in a noteworthy in­crease in the month's production figures .

Continuation of this type of special · effort, together with the day to day maximum output of each agent , supervisor, and clerk will be necessary in the months ahead to keep abreast of the tide . With just a little more drive and (optimistically) with just a little more help, we should be able to do more than just h~ld our own we should make some headway. In the meantime, how-ever, all hands should be aware that your present excellent performance is appreciated..

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THE DEFENSE INTELLI,E AGE CY • The newly established Defense Intelligence A.gency became effective 1 0 tober 1961. This organization, which operates under the Secre ary of

ef ense , through the Joint Chiefs of Sta.ff, is r espons ible generally for the organization, direction, management , and control of all Department of Defens e intelligence r esourc es assigned to or included within the DI 1• It also has r eview and coordination r esponsibili t y over those DOD intelli­gence functi0ns retained by, or assigned t o, t he military departments .

As of now, none of the security and counterintelligence functions of Or I , nor of the other Services, have been included in the general merger of intelligence r esponsibilities within the DIA 0 Neither is there any im­mediate prospect that this will happen. Later on (perhaps several years hence) these functions may be absorbed into DIA. Even so, experience to date clearly indicates that Civil Service employees and Special t gents need have no f ear of RIFs in that event. It may even be that employment oppor- · tunities will be enhanced.

ONI REORG JIZATION

Establishment of the DIA, as mentioned above, has result ed in ' some in­ternal reorganiz ation of ONI. (:)f primary interest to our readers, is the fact that Rear .1 dmiral Hf.ROLD G. BOWEN, JR., USN, formerly DDNT Security (OP-92C) becomes the sole Deputy TINT, combining both of the billets of DDNI Intelligence (OP-92BJ and his former 92C pesto Rear Ldmiral S. B. FR : KEL, USN, formerly OP-92B, has left ONT to become Chief of Staff DIA.

OVERSE:.,S J~GENTS t BILLETS

l-1.s this issue goes to press, most of the 1961 transfers to and from over­seaG posts have been effected or are in process as noted below. It is not t oo early to plan for next year, however, so interested agents having the requisite qualifications should be sure that an application is on file with ONI for the locations of your choice. One particular vacancy that remains to be filled is in Iceland and requests for this duty are desired. No family quarters are available at this post so a tour of BOQ· living is in prospect for the man assigned . The tour is only for one year, however, and it should prove to be an interesting and challenging assignment for an agent intent on broadening his career with Naval Intelligence.

RECENT AGENT TRANSFERS

The following transfers have recently been effected or ordered as indicated:

N.!'.ME FROM TO Kenneth s. Reid DIO-SND IO-COMNAVFORJAF>AN (Sup. Agt.)

Kenneth B. Youngs DIO-llND IO-COMNAVPHIL

William F. Philip DIO-llND IO-OOMN .\VPHIL

Tyrus c. Alexander DI0-5ND IO-COMNAVPHIL(Sup. gent.)

Donald L. Mitchell IO-COMNAVM.'\RIAN.I'.S DI0-13ND

Merlin D. Fisher DI0-13ND IO-COMNAVMfl.RL\NAS

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Nl\ME , FROM ~ UN VMi RIANJ\S Thomas J. Nolan DI0-3ND

William Jo Tannehill DI0-9ND IO-CO TAVMARI.! AS

Ray M., St ephens DI0-9ND DIO-lOND

.Dudley Bo Thomas TII0- 4ND DIO-lOND

<-Toseph M. Patton IO- Cm'1N .• , RI.1'.N ,S DI0-9ND

Thort on H. Lowery DI0- 5ND DI0-10 ID

Joe Fo Neel y DIO-lOND DI0- 8ND

Lionel Ao Barker DI0- 6ND I0-4ND

Wi l liam v. Kelleher ONI IO- PRNC

rfal ter R .. Bruce IO-PRNC O I

David Lfl Lasher DI0-101'ID 0 JI

Thomas Eo Ewald DIO-lOND DI0-4ND

li EW !.GENTS

The gentlemen listed below have recently been piped aboar d as agents .,

We wish them a long and happy cruise:

DI0-9ND - Robert D. Gill William H. Fry John fl. . Kaye

DIO-llND - Harry L. Grady DRvid L. McDonald Stanley L~ Schall Warren R. Lyne h

IO-PR.NC - Robert T. Doyle Charles P. Bridge

IO-N~VEUR- Henry J. Fisher

SUGGESTED GUIDE FOR REPORT 1rJRITING

DIO-lND - Richard F. iebb

DI0-.5ND - JRmes E. Carson

DI0-4ND - Frank D. Draper

DI0-6ND - Laney s. Spigener

TII0-14ND - Robert J. Barrows

ONI - John W. Starke

Im excellent pamphlet · bearing the ~bove title has been prepared by Ensign Gerald J. MacDonald, USNR, attached to DIO-lND. The Guide attempts to clarify certain weaknesses of grammar and construction endemic in ONT reports. Various exampl es are furnished, illustrating improper us age of words rmd phr ses, to­gether with suggesti ons for imporvement. Copies may be obt;:dned from DIO-lND and reproduced locally.,

HISTORY LESSON

That t he problem of putting words together properly is not a new one may be seen from the following translation of an old Roman me.nuscript submitted. by s/ Charles Kampt on of DIO-IXND. Mark Anthony h~d much the sRme troubles in XLIV B.C. as we have in MCMLXI A.D. and he had to do it in Latin yetl

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""t,#1-# #~ itit1M-I Friends, /.### Romans, . trynien, JP# lend me your ears . I come Yilt f 1,¢p# to bury /'ftt/.'/J.I, ¢1~~# Caesar, not to l/il:tl/ praise him. The fpj',f,f/i. f,Yi/.lit,I, ;{ t,>6.i/ppfJS evil tha t men do lives after them ; the good l,j',)6.,f.f is ,611,lfi oft interred with their oones . J/g)6.//,/, j','fil.Y:/1, :t'/lf /,/.,¢¢~ ~f-j',~ So l e t it be with Caesar .

¢1¢ it~f,~I, ,6fff tYiffl The noble Brutus Yi~/, hath t old you Caesar was~ ffjJ t ,6~f f ~~~ i~f ambi t ious . If it ~//, were so , it ~Jff was a gri evous fault , and gr ievously ~~/, hath Caesar ,{~l,~f/lt answer ' d it.

Here , under l eave of Brutus and the rest¢/ 1¢~ i~il, for Brutus is an '/i,6fi¢f:f¥J.f honourable man.; so a r e they all, all ){/>-/1¢-//,.1/;;i.f honourabl e men--,t com I to speak in Caesar ' s funeral. He N{p J. ~iii 'p~ppj.jl, was my friend, f aithful and just t o me . But ¢ti/,;{/ Brutus says he wa s ambitious, and ¢if/,# Brutus is an ~~f.¢f/4~Xi honourab l e mano

He){,{/, hath brought,{ ~¾¢XI 1,X~i ¢/ many captives ~/../.,t '/ill/ home to Rome, w_ose ransoms ¢1,{~t /4 f,¢~ ¢/ tP~iYi did the general coffers fill ~p. Did this in Caesar seem ambitious ~ When tha t the poor ft,{j',){ have cried . Caesar hath 1-,fj.fp f,,6,6 wept. ~¢f-/j, titt ¢1 /,j',)6./t ttti j',¾pf, /./, Ambition should be made of sterner stuff. Yet Brutus says he was ambitioust and Brutus is an ~¢'/i¢/~~J./ honourabl e man.

You all /,,{~ a.i d s ee that on the f,fJ:pfpif.,/,:j . f,)6.pfp/.,/,:j. Luperca l I f',1/--pf t/.r/JI/, thrice •• o••"

BOQ , U. S . NAVAL STATION, WASHINGTON, D.C.

Agents who have attended ONI schools will be saddened at the news that the f amed NavSta BOQ, also known as, inter alia, "the Southeast nilton" is to be no more. Demolition will soon start to make way for a new freeway on the site. Our newer agents will never tread its hallowed halls and will know of its delights only through the nostalgic reminisc ences of the old hands Sic t'ransit gloria Anacostiae1

FPO ADDRESSES

It's about time for our periodic reminder tha t leads involving ships and mobile units a r e to be sent to the IO/DIO covering the geographical area where t he unit is physically located. Don't, as sometimes happens, send a lead to DI0-12ND for a ship just because it happens to have a FPO, San Francisco, Calif. address. The ship may well be in Guam. Even though the Los Angeles city limits are r eputed to be somewhere in mid-Pacific, none of our continenta l District boundaries extend out that far.

INVESTI GATIVE FORMS - REQUIRED ENTRIES

A recent ONI Notice, since cancelled for record purposes, called attention to the importance of the entire personal history statement a s an investigative aid . Revi ew of many background investigations has reveol ed that some agents may not be properly reviewing personal history sta tements since they do not follow through ou certain antries whi ch r equire further inquiries . Ex~mples are : foreign connections of Subject , organiza tional memberships, previous

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. history of mental a er vous dis orders, The cont ro. g Di s tric t lla s a r e s ons i bility when s etti ng out l eads to call a t t ention on the form 152 t hos e items which r equir e i n~uiries in additi on to t hose l ea ds nor mally cover ed . The agent conducting the i nvestigat i on, however, should s ti l l carefully check the PHS , wher e furnished , and cover ~11 appropria te l eads to a suffi ci ent xte

DISTRICT HEADQU;.,RTERS iJ'iD hREAS OF J URISDI CTION , OS I , USAF

The f ollowing lis ts t he loca t i ons of various Office of Sp cial Inv s t igati (OSI ), U, S . i r For c e , Di str i ct Offi ces , a s well as t he t er r i t oria l cover age of each . Re t ention for futur e r e f erenc e i s suggested :

1 . The admi nis tra tive and oper a t i onal struc tures of the Offi ce of Speci al Inves tigations 1 USAF , i nclude t he Di r ec t ora t e of Special I nvestiga t i ons , Headquarters 1005th Specia l I nvestigations Gr oup (IG ), bot h l oca t ed a t Was hingt on , D. C. and 24 di stricts , number ed 1~ 2, 3 , 4 , 5 , 6 1 8 , 9 , 10, 11, 12 , 13 1 14, 15 , 17 , 18 , 19 , 20 , 21, 22 , 24 , 27, 28 and 29 . The t erri tori al juris diction of t he 24 district of fic es is s e t for th below o See A.FM 11- 4 Vol umes I and II, f or maili ng addr esses .

a ,. OSI Dist 1 ·- Headquarters a t v/estover AFB7 Chicopee Falls , Mass . Ter r itorial area compr i sing t he s t a t es of Maine , Vermont, New Hampshi r e , Mas sachusetts , Rhpde Island and all counties of Connecticut , with t he excep tio1 of Fairfiel d County, which i s assi gned t o OSI Dist 2.

b o OSI Dist 2 - Headquart er s a t 111 East 16th Str eet , New Yor k, New York

Ter r i torial ar ea comprising the St a te of New J er sey, the County of Fai r field in the Stat e of Connec ticut and the following counti es in t he St a t e of New YorY Bronx , D1~tches s, Kings , Nassau, New Yor k , Or ange , Put nam , Queens , Richmond 1

Ro ckl and , Suffolk, Sulli van , Uls t er and Westchester.

c. OSI Dis t 3 - Headquart ers a t Ol msted AFB, Middle town, Pennsylvania . Territoria l area compri sing t he sta t es of Del awar e , Pennsylvania and West Virgini a , and t he count i es of Gar r ett, Washington, Allegany, Cecil, Kent, Queen nnes , Talbot, Caroline , Dorches t er, Wicomico, Somer se t , and Worcest er in the s t a t e of Maryland.

d. OSI Di s t 4 - Headquart ers a t Suitland Hall, Suitland , Maryland Ter r i t or i al a r ea compr ising the District of Columbia ; the counties of ArlingtoL Fairfax, and Pric e Wi l liam i n the Sta t e of Virginia , (including the city of Al exandri a , Virginia ); t he counties of Anne Arundel, Baltimor e , Baltimore City . Calvert , Carroll, Charles , Frederick ~ Harford, Howard, Montgomery, Princ e Georges and Saint Mary' s in t ne Sta t e of Maryland.

e . OSI Dis t 5 - Headquart ers a t Wright-Patterson AFB, Dayton, Ohio Territorial a r ea comprising the sta t es of Ohio, Kentucky and Mi chigan, including the Upper Peninsula .

f. OSI Dis t 6 - Headquart ers a t Robins AFB, Warner Robins , Georgi a . Terri tor i al area uomprising the Stat e of Geor gi a and the St a t e of Florida , with the excep t i on of the foll owing counties: B~y, Calhoun, Es cambia , Gulf, Hol mes, Jackson, Okaloosa , Santa Rosa , \/Jalton and 1'1/ashington, which are assign6 to OSI Dis t 8. In addi t ion OSI Dist 6 will furn i sh special inv est i gative ser vil t o t he fo llowing Air Force Missile Test Center down range stations : Cape

• • Canaveral Missile Test AnnAv, Jupiter Missile Data· Colloction Annex, Grand Bahai a Missile Airfield, Eleu-thern Mc1in Base t.nnex, San Salvador Missile Air­field., Mayaguana Auxiliary J\ irfield, u_ md Turk Main Base Annex, Dominican Main Base Annex, Antigua Test Site; Beane Air Force Base, Fer nando de oronha, Jideawake Field, and Port of Spain, Trinidad.

g. OSI Dist 8 - Headquarters at Maxwell AFB, Montgomery, ~labama. Territorial area compris ing the states of Al abama and Tennessee and the following counties in F1.orida : Bay, Calhoun, Escambia, Gulf , Hol es , J ackson, Okaloosa, Santa Rosa, Walton and Washington.

h. OSI Tiist 9 - Headquarters at Bar ksdale AFB, Shreveport , Loui siana . Territorial area comprising the states of Arkanaaa, Mississippi and Louisiana and the following counties in the State of Texas : Bowie, Cass, Harrison, Mar ion, Panola and Rusko

i~ OSI Dist 10 - Headquarters at San Antonio Air Force Station2 ew Braunfels A e ., San Antonio , Texaso Territorial area compr ising the following ' counties in the State · of Texas: Anderson, · Angelina, ransas, Atascosa, ustin; Bandera, Bastrop, Bee , Bell, Bexar, Blanco, Boxque ; Brazos , Br azoria,Br e ster, Brooks, Brown, Burleson, Burnet, Caldwell, Calhoun, Cameron, Chambers, Chetokee , Coke, Coleman, Colorado, Comal, Comanche; Concho, · Coryell, Crane , Crockett , Culberson, De Titt , Tiimmitt, Duval, Ector, Edwards , Falls; Fa. ette , Fort Bend , Freestone, Frio, Galveston,Gillespie, Gl asscock, Goliad, Gon~ales , Gri mes, ' Guadalupe , Hamilton, Harris, Hardin, Hays, Henderson, Hidalgo, Hill, Houst6n, Irion, Jackson, · J asper, · Jeff Davis, Jefferson, Jim Hogg, Jim·Wells, Karnes , Kendall, Kenedy, Kimble, Kinney, Kleberg, Lampassas,LaSall~, Lavaca, Lee, Leon,­Liberty, Limestone,Live Oak,Llano, Loving, Madison, Mason, Matagorda, Maverick, McCulloch, McLennan,McMullen, Medina, Menara, Midland, Milam; Mills, Montgbmer;v, Nacogdoches,Navarro,Newton, Nueces, Orange, Pecos, Presidio, Polk, Reagan, -Real, Reeves; Re.f'ugio,Robertson, Runnels,Sabine; San Augustine , San Jacinto, San Patricio, San Saba, Schleicher, Shelby, Starr; Sterling,Sutton, Terrell, · Tom Greene , Travis , Trinity, Tyler, Upton, Uvalde, Val Verde; Victoria, Waller, Walker, Ward, Pashington, Webb, ·wharton, Willacy, Williamson, ilson, Winker, Zapata and Zavala.

j. OSI Dist 11 - Headquarters at Tinker AFB, Oklahoma City, Oklahomao Territorial area comprising the State of Oklahoma and the following Counties in t he State of Texas: Annstrong, Andrews, Archer; Bailey, Baylor, Borden, Briscoe, Callahan, Camp, Carson, Castro, Childress, Clay, Cochran, Collingsworth; Collin,Cooke, Cottle, Crosby, Dallam, nallas, Tiawson, Deaf Smith, Delta, Denton, Dickens, Donley, Eastland, Ellis, Erath, Fannin; Fisher, F1.oyd, Foard, Franklin, Gaines,Garza, Gray, Grayson, Gregg, Hale, Hall,Hansford, Hardeman, Hartley, Haskell, Hemphill Hockley, Hood, Hopkins,Howard; Hunt; Hutchinson, J ack, Johnso11, Jones, Kaufman, Kent, King, Knox, Lamar; Lamb,Lipscomb, Lubbock,Lynn, Martin; Mitchell, More, Montague, Morris,Motley, Nolan, Ochiltree, Oldham, Parker; Parmer, Palo · Pinto, Potter, Rains, Randall, Red River, Roberts, Rockwall, Scurry, Schackelford, Shennan, Smith, Somervell, Stephens, Stonewall, Swisherj Tarr ant, Taylor, · Terry; Throckmorton, Titus, Upshur, VanZandt, Wheeler, Wichita Falls, Wil barger, Wise, Wood., Yoakum and Young •

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• • ~· ~SI Dist 12 - HMdguarters at Chanute AFB , Rantoul, Illinois .. Territorial area comprising the State of Illinois with the exception of the following countiesr Cook, DuPage , Lake, Kane, Kendall, McHenry, and Will which are assigned to OSI Dist 24. The State of Indiana with the exception of Lake County which is assigned to OSI Dist 24; the State of Missouri with the· except­ion of the fellowing count.ies: Andrew, · Atachison, · Buchanan, Ca::;s 9 C'.i.ay., Clinton, Dekalb, Holt, Jackson, Johnso1, Lafayette, Nodaway., Pett .... sJ Platte and Ray, which are assigned to OSI Dist 13~

lo OSI Dist 13 - Headquarters at Offutt AFB, Omaha, Nebr~ska. Ter ritorial area comprising the states of South Dakota, Nebraska,Iowa and· Kansas, and the following counties in Missiori: ~ndrew, tchison, Buchanan, Cass, Clay, Clinton, DeKalb, Holt, Jackson, Johnson, Lafayette, Nodaway, Pet is, Pl atte and Ray.

mo OSI Dist 14 - Headquarters at Lowry AFB , Denver,Colorado~ Ter ritorial area comp~ising the States of Colorado, Utah, yoming, and the following counties in Idaho: Ada, Adams , Bannock, Bear Lake , Bingham, Blaine , -Boise, Bonneville, Bu'i:,te , Camas, Canyon, Caribou, Eassai, 'Clark, Custer, Elmor e , Franklin; Fremont, Gem,Gooding,Jefferson, Jerome, Lemhi, ' Lincoln, Madison, Minidoka, Oneida, Owhee, Payette, Power, Teton, Twin Falls, Valley and ashington.

l'lo OSI Dist 15 - Headquarters at Malrnstrom AFB, Great Falls, ont:::i.nao Territorial area comprising the State of Montana and the State of North Dakotao

o. OSI Dist 17 - Headquarters at Kirtland AFB, Albuquerque, New Mexico3 Territorial area comprising the State of Arizona, with the exception of Yuma and Mohave c•)unties; New Mexico, and the following counties in Texas; El Paso and Hudspeth.

p. OSI Dist 18 - Headquarters at Cheli Air Force Station, Maywood, California.e Territorial area comprising · the following counties in Southern California: Imperial, Kern, Los Angeles, Orange, Riverside , San Bernardino, Santa Barbara, San Diego, San Luis Obispo and Ventura; the County of l ark in Southern Nevada; and Yuma and Mohave counties in Arizona.

q. OSI Dist 19 - Headquarters at Travis AFB, Fairfield, California. Territorial area comprising the following counties in central and Northern California: Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra· Costa, Del Norte, ElDorado, Fresno; Glenn,Humboldt, Inye, Kings,Lake,Lassen,Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey,·Napa, Nevada, Placer, Plumas, Sacra~ento, San Benito, San Francisco, San Joaquin,San Mateo, Santa · Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba; and the State of Nevada, with the exception of Clark County which is assigned to OSI Dist 18.

r~ OSI Dist 20 - Headquarters at McChord FBt Tacoma, Washington. Territorial area comprising the states of Washing on, Ore~on and Idaho with the exception of the following counties in Idaho: Ada, ~dams; Bannock, Bear Lake, Binghrun, Blaine, Boston, Bonneville, ~tte, Camas, Canyon, Boise, Caribou; Cassai, Clark, Custer, Elmore, Franklin, Fremont,Gem, Gooding, Jefferson, Jerome, Lemhi, Lincoln, Madison, Minidoka, Oneida, Owyhee, P~yette, Power, Teton, Twin Falls, Valley and Washington.

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sQ OSI Dist 21 ~adguarters at Langley .~FB, H.n, Vir~in·a. Territorial area comp s:i_ng the states of North Carolina, South CA.rolina :md the State of Virginia, less the counties of Arlington, Farifax and Prince William, which are assigned to OSI Dist 4. · This District also maintains Resident ,., gencies at Kindley Air Force Base , St. Geor ge , Bermuda; and Lajes Fiel d in the Azor es 0

t. OSI Dist 22 - Headquarters at Griffis AFB, Rome, New York. Territorial area comprising the State of Ne Yo rk, with t he exception o.+: the followi ng.counties: Bronx, Dutchess, Kings , Nassau, e Yor k, Orange , Putnam, Queens, Richmond, Rockland, Suf folk, Sullivan, Ulster:and Westchester, which are assigned to OSI Di st 2. OSI Di st 22 provides on call service for the City of Montreal, Province of Quebec, Canada, and the following adjacent counties in Quebec r St Jean, Huntingdon, Chateauguay, apierville, Be~uharn is, Laprarie: Chambly, Vaudr euil, Soulanges, Deux-Montagnes, Terrebonne, Laval, Jacques cartier, L' Assomption, Veraches, and _r genteuil. OSI Dist 22 also · provid es on call ser vice for Air Force activities in the Ottawa and Ontario, Canada, areas.

u. OSI Dist 24 - Headquarters at 529 s. LaSalle Street, Chicago, Illinois. Territorial area comprising the States of Minne sot~ and 1 isconsin and the· following counties in the State of Illinois: Cook, DuPage, Kane, Kendall , Lake McHenry, and Will; and Lake County in the State of Indiana.

v. OSI Dist 27 - Headquarters at Ramey ~FB, Aguadilla, Puerto Rico. The area of investigative jur isdiction of OSI Dist 27 comprises the Commonwealth of Puerto Rico, Dominican Republic, and the Islands of Lesser Antilles. Included in this area is the i r Force Missile Test Center Down R.ange Station located at Mayaguez Missile Guidance ~nnex.

w. OSI Dist 28 - Headquarters at Goose AB, Goose Bay Labrador. The area of investigative jurisdiction of OSI Dist 28 cbmprises the Eanadian Provinces of Newfoundland, Prince Edward, New Brunswick, Nova Scotia, an0 Quebec with the exception of the City of Mont~eal and the following counties in Quebec: St" Jean, Huntingdon, Chateauguay, Napierville, Beauharnois, -Laprarie, Chambly, Vaudreuil, · Soulanges, · Duex-Montagnes, · Terrebonne, Laval, Jacques Cartier, L1Assomption, Vercheres, and Argenteuil, which are assigned to OSI Dist 22; that portion of the Northwest Territories of Canada lying Enat and North of 60° N.92°00 13811W; and the Danish Government Island of Greenland. On call service is provided by OSI Dist 28 to the Department of Defense units and includes concurrent or reciprocal investigations required by the Office of the United States Consul, units of the Canadian Defense Forces, Royal Canadian Mounted Police, the Danish Government and Danish Defense Forces.

Xe OSI Dist 29 - Headquarters at Keflavik Airport, Keflavik, Iceland. The area of investigative jurisdiction of OSI Dist 29 comprises the Country of Icelando

ELIGIBILITY OF ENLISTED PERSONNEL FOR NEC 9592

Because of the critical need for their services in the specialities for b1cl trained, the Bureau of Naval Personnel has indicated that personnel in the following rating groups will no loner be assi ned the NEC 9592 desi~nator: · RD, SO FT, ET RM CT MA TD AT AQ PR AM AO ~.c HM and • /\ccordingly, screening oars s ould not be convened in the cases of applicants from th s . rates. This lnf'ormation will be reflected in a revision to OPNAV Instruction 1221 .. 3 when published.

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• • LE T, ,L NOTES

l o Usury~ ONI is called upon from time to time to investigat e illicit money l ending activities on the part of Navy :md Marine Corps personnel. These investigations are usually cat egorized under "Usury", which t he dictionary define s as "the l ending of money at a rate of int er est higher than the lawful rate 11

• The Court of Milit ary ~ppeals in a r ecent decision, ns v . Day, 11 CM.A 549, 29 GMR 365, an ~rmy case, has held that specifications alle~ing usury under ;\rticle 134 did not allege an offense punishable unner miJ.i tary law~

In the .qval service, however, a provision exists in US avy HegulAt.' ons, Article 1260(1) as f ollows:

"No person in the a.val service, on active service , shall for profit or benefit of any kind, lend money to any other person·in the armed services, except by permiss i on of his commanding officer; nor, having made a loan to another person in the armed services, shall he take or receive, in payment therefor, then or later, directly or indirectly, without the approval of the commanding officer, a sum of money or, any other thing or service , of a greater amount or value than the sum of money loaned" .

It will be noted that the prohibition in the article is directed against lending money for profit "except by permission of the comma'1ding officer". Presumably, therefore , under the article, lending money even at an un~on­scionably high interest rate would not be unlawful in cases where the permission of the commanding officer for the transaction had been obtained. Conversely, without such permission, it is an offense even if the interest charged wer e minimal . The charge would be laid under ~rticle 92, Violation of a Lawful General Ordern

From an investigative standpoint, therefore, the eRsential element of non-permission should a1."t.lays h8 established in conducting the investigation in one of tl:ese caseso · The case classification 6(1) Criminal Investigation<'? Other Offenses (Usury), may still properly be used since this classificatio·1 relates merely to the ONI administrative case control system and ·need not necessarily ref lect the precise orfense involved in a technical, legal sense.

2. Right to Counsel of Suspect Under Interrogation. A recent Board of Review decision reversed a general court-martial finding of guilty in a case of negligent homicide on grounds th~t the accused was deprived of counsel at the time he was interrogated by an ONI agent . Because of this, what amou.ntea to denial of due process, reversal was necessary.

The facts of the case indicate that the accused was placed in solitary confinement in the brig a few hours after the fatal shooting occurred. The day following, he requested in writing, via appropriate channels, that he be furnished with legal counsel . After a lapse of sever.tl days, still in solitary confinement, he was at last permitted to consult with a qual.fied at torneyo In the meantime, however, the suspect had been interrogated on three successive days after the alleged offense by an ONI Rgent. The agent was aware of the prior request of the accused for counsel although he testi­fied that at no time did the accused request him for counsel. Neither did the agent mention counsel to the accused. The accused gave written statements to the agent after each interrogationo He did not see counsel until after the statements were made.

, • The following extr acts from the opinion of the Board of Review are ertinent and are quoted for future guidance:

11 1\.s a gener al proposition, the fact that an individual has been denied the advice and assis t ance of counsel prior to or during an interroga ion whi ch r esults i n an ~ncriminating statement does not in· and of itself r ender the stat ement involuntarye Such deni a~ , ho ever, i s certainly a circurnet·ance to be consider ed in determining t he factual i ssue of voluntariness- Moreover, it is possible f or t he denial of he ri~ht to counsel to be so flagrant that it will amount t o a denial of accused's substantial rights, compl et ely apart from the law of confess i ons for the reason that due process demand s such a r esult.

fl The right to consult with counsel before or durin a criminal investi­gation is a substantial ri ght, and, accordingly, whe n the accused r equests advice of counsel at such time , it is a violation of due process to deny him t hat right~ Ordinarily , the accused must r equest counsel at the time of the interrogation, there being no duty on the part of the interrogator to volunteer such informationo

11 .A.ll cases, however, must be det ermined on their own particular facts and whether or not accused has been denied eff ective assistRnce of counsel depends upon the circumstances as they existed at the time . Te find as a f 2.ct that a request for counsel known by the interrogator and all concerned, which was in effect denied to him during the time he was most in need t here­of, taken together with the solitary confinement and the fact that ther e were counsel available, under the f acts of this case, amounted to denial of counsel. Further, although Agent ___ knew accused had ·requested counsel, he never advised him as to his right thereto.

11We f eel that under the circumstMces · of this case , after r1ccused hA.d subrr,i tted his written request for counsel, the interrog;:i.tion should have been su spended until he received such ndvice or ~t t he very l east Agent . ___ , in view of accused's r equest, should have asked him if he desired counsel before commencin~ his interro~ation. To our mind that is t he only sensibl e interpretat ion of right to counsel. If an accused's request can be held up or processi~ thereof del~yed until after he has been interrogated and incriminated, then right to counsel is indeed a right wit out subst;inc e ."

From the foregoing it would appear that where an agent prior to interro-gation knows as a fact thA.t the accused has requested an opportunity to consult with counsel, which opportunity has not been afforded him, a positive duty rests with the agent to ascertain from tho accused his wishes with r egard to counsel before proceeding with the interrogation.

3e Article 31b Warnings. Notwithstanding the volume of material publi shed on this subj ect, cases continue to be r eceived which appear to indicate a basic lack of underst:mding of the requirements of Article 31, particularly t he warning provisions of subparagraph (b). One phenomenon which is frequently encountered is the t endency to over-warno The necessity for an .~_rticle 31b warning arises only in the caseriof the .interrogation of persons subject to the UCMJ who arc suspected or accused of an offense. Thus, it certainly does not apply when tftking a statement from the ci vi liM female complainant in_a_

10

rape case , as has haled. Nor is it to be administ! willy-nilly to a11 witnesses questioned in a criminal offense, even though subject to the Code, unless some reasonable suspicion of involvement in an offense att aches to the person questioned . Utilizing the warning procedure in the case of wit­nesses, not themselves suspects or accused, is not only unnecessary but in certain situations represents a misstatement of fact th~t could impede investigative effort. Not only has a military witness no right to withhold information non-incriminating to himself, but he has in fact a positive duty under Artic l e 1216, U.S. Navy Regulations to furnish information concerning offenses committed by other persons in the Naval service . If a witness should heed the warning literally and decline to Pnswer any questions or give any statement it could seriously frustrate an investigation.

It should not be inferred from the foregoing that anyone , witness or not, can be compelled to incriminate himself. If there is any indication that the witness being inter viewed is possibly involved in the principal offense or in some related misconduct, a warning is appropriate either at the outset of the interview if the suspecion exists t hen, or later during the interview .if information developed during t he course of the interview so indicates.

4. Form of vfarningo Again, despite the weal th of instructional material available, cases !·continue to be r eceived in which a variety of phraseology has been employed in administering the warning. Close adherence to the actual language of the ttree elements of Article 3l(b) without any embellish. ents i s best. No court is likely to find fault with the form of t he warning if it is convinced that the suspect was (1) informed of the nature of the investiga­tion (2) advised that he did not have to make an statement re~ardin the offense of which he was accused or suspected, and (3) that any statement made by him could be used against him in a trial by court-martial.

The following language from a recent Board of Review decision illustrates the scrutiny -i-h ich the warning precedure r eceives at the court-martial r eview l evel. We might say, however, (with a pious sigh of r elief) that the interrogator at fault in this case was not an ONI Agent:

11 __ __,,-,--,- police petty officer, t estified that he 'read him (the accused) Article 31' and that the accused aclmowledged Article 31 by signing the page. He also stated t hat he had 'warned' the accused that he did not have to 'incriminate' himself.

"Other testimony clearly indicates accused was suspect at time of questioning.

nwarnings" alluded to by the Police Petty Officer -- do not at all coofonn ·to the i:tnoqnivoeal language of · Article 31 of -the Code, ·lf~hich article e:,cpressely provides, inter alia, that · the accused be . S.dvi~ed that he need make no statement whatsoever re~arding the offense of which he ·wns suspected. The '"warningi· administered (in this case) merely advised that· he need make no self-incriminating statement.

"We are convinced that the differences between the advice actually given the accused in this case and that made mandatory by Art icle 31 are much more than a matter of mere form. It should be obvious that what answers may be incriminating and what answers innocent oftentimes become matters beyond the intellectual capacity of the person subjected to police questioning."

,. , EXHIBITS FOR DISPLAY AT ONI •

Attention is again invited to O IT I STRUCTION 5722 .1 of 17 October 1960 as t he above captioned subject . It had been hoped t o acquir e enou h material to establish a modest display at OIT , but the contributions tb date have been disappointing. ome examples of the types of mat,'Jrial sou ht , as ~iven in the Instructi on, are! weapons used in offenses , for ged Or otherwise J . • , ••

questioned documents, casts of f ootprints · or tire t r acks , explosive or in­cendary devices us ed in sabotage or ar son, member ship cards and literature of subversive or ganizations , and so forth .

LETTER OF COMMENDATION

It is a pleasure t o r eproduc e a l etter of commendation f orwarded by the Tiirector of Naval I nt elligence t o Special Agent Kenneth A. SEftL, District Intelligence Office, SIXTH Naval District:

TIEPARTMENT OF THE NA VY Office of the Chief of Naval Oper ations

Washingt on 25, D. c.

11 From: Director of Naval Intelli gence ?~o : Special Agent Kenneth A. SE.AL

OP-921D:mlt Ser 291O9P92 11 October 1961

Viar Officer in Charge, District Intelligenc e Offic e , SIXTH Naval District

Subj: COMMENTIATION

1. It has come to the att ention of the Director of Naval Intelligence that the Resident Agent Office, Charlotte, N.C., on 1 August 1961 became the first field component of the District Intelligence Office , SIXTH Naval District, to become current in its workload under est ablished criteria. The geogr aphical area covered is one of the largest in the District staffed. by a single agent and r equires the performance of ext ensive travel. Notwithstancing these factors, it is noted that you have maintained the highest ·standards of production, averaging 1.43 r eports for each day worked, with no sacrifice of quality.

2. This highly creditable performance of duty is especially significant at a t ime -when the nationwide backlog of investi ative cases continues to grow~ It is believed the r ef or e that your achievement will serve as an inspiration to all other agents throughout Naval Intelligence . You are hereby commended f or your outstanding accompli&~ment.

3. A copy of this letter has been made a part of your permanent file.

Keep up the good work!

/s/v. L. Lowrance V. L. LOWRANCE