Representative [insert name]
U.S. House of Representatives
Washington D.C. 20510
Recent media attention to the nomination of Alberto Gonzalez as Attorney General has once again brought the issue of Prisoners of War to public attention. Many have voice concern over a memo written by Mr. Gonzalez, denying Prisoner of War status to captured Al Qaida and Taliban.
What about a Prisoner of War status for captured American service personnel? The Department of Defense Directive 1300.18, dated December 18, 2000, the controlling directive governing the status of missing service personnel no longer provides for a Prisoner of War status. The most a captured American service member can hope for is the ambiguous status of Missing/Captured or MIA-C, as in the case of PFC Keith “Matt” Maupin.
The fact that the POW status does not exist was confirmed by Secretary of the Navy Gordon England. In a memo written 11 Oct 2002 changing the status of Navy Capt. Scott Speicher, England wrote: “the controlling missing persons statute and directives do not use the term Prisoner of War....”
Neither International Law or the Geneva Conventions makes any mention of individuals carried by their countries as Missing/Captured or MIA-C.
We realize that our enemies violate the rules of international law and the Geneva Conventions regarding the care and treatment of captured American Service Personnel. Terminology will not change that. Terminology does change world perception regarding the value we place on our captured personnel.
Doesn’t it downgrade the worth of a battered American service member, displayed on television worldwide, for the Department of Defense to designate him or her Missing/Captured rather than Prisoner of War?
The status Missing/Captured fails to provide this nations service members the moral dignity and international recognition provided by the Prisoner of War status.
Dept of Defense spokesmen continue to maintain the POW status exists. However, the National Alliance of POW/MIA Families (NAF) has made repeated requests of the Defense POW/MIA Office (DPMO) for a copy of the controlling directive, governing a POW status. Their requests have been ignored.
The simple fact is there is no circumstance under which an American service member would be designated Prisoner of War. If Great Britain were to declare war on the United States tomorrow, and one of our soldiers was captured, shown on television, and visited by the Red Cross, they still would not be designated POW, as the controlling directive no longer provides for this status/designation.
On my behalf, I ask that you look into this matter and if, as I believe, you are told a POW status does in fact exist, please demand a copy of the controlling directive (other than 1300.18) that details the conditions and circumstances under which a member of the American military would be declared Prisoner of War. One note past requests, by the NAF, have generated responses containing the DOD Dictionary and guidelines for repatriation. Neither of these is the controlling directive.
I await your response.
Very truly yours