BRIEFINGS AND DOCUMENTS RELATED TO PHOENIX PROGRAM FOR MINORITY STAFF MEMBERS OF SENATE SELECT COMMITTEE TO STUDY GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 01434862
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 22
• Document Creation Date: December 28, 2022
• Document Release Date: August 7, 2017
• Case Number: F-2007-00094
• Publication Date: June 13, 1975

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UNCLASSIFIED
El
INTERNAL
0 CONFIDENTIAL
El SECRET
ROUTING AND RECORD SHEET
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USE PREVIOUS
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El UNCLASSIFIED
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1 3 JUll 1975
MEMORANDUM FOR THE RECORD
SUBJECT: Briefings and Documents Related to PHOENIX Program for
Minority Staff Members of Senate Select Committee
to Study Governmental Operations with Respect to
Intelligence Activities
1. On Thursday, 29 May 1975, at the request of NY. William
E. Nelson, E00, I met at the Senate Office Building with Mr. Curtis
Smothers, Counsel to the Minority, and his associates, to respond
to their questions concerning the PHOENIX/Phung Hoang Program in
South Vietnam. I understood that this meeting was preliminary to
a more formal DOD briefing at the Pentagon the following day, and
was to enable the minority counsel to prepare for Mr. Corby's
testimony on PHOENIX before the Select Committee. Mr. Smothers'
staff associates included former Ambassador William Trueheart, Mr.
Frederick Baron, Miss Susan Pitts, and Miss Elizabeth Smith. At
this meeting I presented them with the MACV documents listed at
Tab A, after Mr. Smothers obtained DOD concurrence from Mr. Latimer.
2. On the following day, Friday, 30 May 1975, I was asked again
to represent the Agency at the DOD PHOENIX briefing presented by
Colonel Clarence E. Skoien, USA, JCS/J3/SOD. A Colonel Finkelstein,
a veteran of Army service in Vietnam with the 1st Cavalry Division,
also participated very actively in the extended question-and-answer
period following the prepared briefing. A copy of the draft of this
briefing is at Tab B. Colonel.Finkelstein's remarks were particularly
useful in describing typical PHOENIX missions involving combined
US Army - RVN National Police operations against VCI targets which
had been identified from intelligence from all sources, such as
the PRU, Police Special Branch, military intelligence, and so an.
The DOD briefing and question-and-answer period served also to
underscore the fact that the bulk of "VCI killed" statistics were
derived from these types of operations, rather than from an alleged_
"mass assassination program."
3. Again on Thursday, 5 June 1975, I met at the Headquarters
Building with Miss Smith and Mr. Baron and gave them a second
selection of PHOENIX-related documents. See list at Tab C. These
were documents reviewed previously for this purpose with NY. Colby,
and which together with those listed at Tab A conprise most of the
documents listed on pages 154 and 155 of Hearing Before the Committee
(b)(3)
SEC UT
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on Armed Services, United States Senate, Ninety-Third Congress,
First Session on Nomination of William E. Colby to be Director
of Central Intelligence, July 2, 20 and 25, 1973. At this time
I explained to Smith and Baron the significance or purpose of
each document and answered additional questions. I also loaned
to them the following documents which Mr. Colby asked be returned
to him:
(1) A, briefing notebook, Internal Security in South
Vietnam - PHOENIX, Ambassador William E. Colby, DEPCORDS/MACV,
December 1970.
(2) Handbook, National Security Laws and Procedures.
4. Finally, on Friday, 13 June, I sent Miss Smith a third
selection of documents, also cleared previously with MY. Colby,
with the names of CIA, personnel deleted.- See Tab p.
5. At all three meetings with_the minority counsel or his
staff members, I responded to questions related to why the PHOENIX
program was proposed, who proposed it, who approved it and when, and
how it was organized and implemented. I was asked to explain the
Agency's initial role, and the reasons why the Agency later (July 1969)
withdrew from its primary management role but continued in an active
supporting role. I explained, as did the DOD briefers, the dual
functions of US, including CIA advisors, as advisors to their
respective GVN programs and as advisors or coordinators in the PHOENIX
program. I sought also to stress that PHOENIX and other intelligence
related-programs, the overall MACCORDS - GVN pacification program,
and military operations were all.interrelated and mutually supportive.
I noted our concern with such related problems as the screening, legal
processing and detention, and even the parole and rehabilitation of
VCI cadres.
6. With respect to Agency programs per se, other than Agency
management and support to getting PHOENIX under way in 1967-1969,
I was asked, and to the extent that I could give positive answers,
replied to questions concerning:
a. Basic CIA organization in Vietnam--station in Saigon,
and a region-province structure roughly paralleling the US
MACCORDS structure.
b. Number of CIA, personnel--roughly 600, plus or minus,
including formally seconded US military personnel.
ScrnFT
LonL
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c. Numbers of CIA personnel in PHOENIX--initial cadre
in PHOENIX Staff, MACCORDS, initial involvements as PHOENIX
Coordinators and/or advisors to RVN Phung Hoang agencies, and
phase down beginning in July 1969. Rough estimate of high
point--120-plus in full or significant part-time roles.
d. Details on the PRU--I described only, in general
terms their mission, training, and typical operations (night
operations, long range penetration of VC-controlled areas,
intelligence collection, and so on, in contradistinction to
tasks assigned the National Police Field Force, RF-PF, and regular
military forces. The staff was interested in the extent to
which US personnel accompanied PRU operations, the effective-
ness of control over the PRU (I stressed the Province Chief's
role here), PRU pay (no comment), and the attitude of other
RVN forces toward the PRU.
e. The staff was interested in the "PIC"--the Provincial
Interrogation Center--and remarked that one informant or
witness had reported that "no one came out of a PIC alive".
I described a typical PIC in detail, and our basic role with
respect to it and the Police Special Branch. I stated, in
reply to a specific question, that in addition to carrying
out our basic mission in. Vietnam--the collection of intelli-
gency--our CIA advisory efforts essentially included: our
phased roles in the PHOENIX Staff and PHOENIX Committees, and
the PRU, Police Special Branch, RDC, and Static Census Grievance
Programs.
Acting ie ,
Career Management Group
Attachments:
Tabs A - D
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79. IMI7r
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The following documents were furnished to Mr. Curtis
Smothers on 29 May 1975. After permission was obtained
from Mr. Latimer, DOD, three copies of each were made
by Mr. Smothers' staff, two for the latter's retention,
one for DOD.
1. MACV Dir 381-41, 9 July 1967, Military Intelligence
Intelligence Coordination and Exploitation for Attack on VC
Infrastructure (C) Short Title: ICEX (U). (CONFIDENTIAL)
2. MACV Dir 381-43, 25 November 1967, Military
Intelligence - Reporting on Elimination of Viet Cong
Infrastructure (C), Short Title: ICEX (U) (RCS: MACJOIR-01).
(CONFIDENTIAL)
3. 1967 Action Program - Attack on VC Infrastructure,
Year-End Report to ICEX Committee. (This paper was prepared
by the ICEX Staff attached to DEPCORDS, USMACV) (CONFIDENTIAL)
4. Message, DTG 020908Z Jan. 68, from COMUSMACV to CINCPAC
info JCS, DOD, State, USIA, AID, CIA and White House, CONFIDENTIAL
00107 from MAC JOIR, Subj: Phoenix (ICEX) Directive.
5. Message, DTG 251134Z Apr. 68 from COMUSMACV to:
CINCPAC, info JCS, DOD, State, AID, CIA and White House,
CONFIDENTIAL 11722, Komer sends, Subject: Phoenix Program.
6. Republic of Vietnam, Office of the President,
Decree No. 280-a/TT/SL, 8 July 1968 (SECRET). (This decree
promulgated the national plan - "Phung Hoang.")
7. MACV Dir 381-41, 9 July 1968, Military Intelligence
Coordination and Exploitation for Attack on VC Infrastructure
(C), Short Title: Phoenix (U). (CONFIDENTIAL)
8. Change 1, to the above, 11 October 1968. (CONFIDENTIAL)
9. MACV Dir 10-20, 23 May 1968, Organization and Functions
Organization, Functions and Responsibility for Support to the
Attack on the VC Infrastructure (U) Short Title: Phoenix (U).
(CONFIDENTIAL)
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The following unclassified documents also were made
available for information and copying.
1. Booklet - The Viet Cong Infrastructure - Modus
Operandi of Selected Political Cadres (U).
2. PHUNG HOANG - Current Breakout of VCI Executive
and Significant Cadres.
3. PHUNG HOANG Advisor Handbook.
IL
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A=ITITS
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r R
:4;11
I an Colonel Skoirn, of th
ecial Operations Division,
program yet
OJCS. My division happens to be the custodian of the remain
" '11
operational information pertinent to the PHOENIX or PHUNG.HO-G
held within the Joint Staff. I hasten to point out
that I have no personal expertise by -virture of experience with
the PHOENIX program in the field or at this level. I only happen
to hold very limited operational data as a result of assuming the
functions of the now defunct Office of the Special Assistant
for Counterinsurgency and Special Activities which was disestab-
lished in 1971.
Washington-area-r-other-than,perhapz,..=r,Colbrr-who-etTr..S.peak
tyat..thortygirtg POEJ'I program at.tn.s level
However,
questions/
program is
is mine.
to the extent that I can, ',will respond to your specific
that I suspect that your knowledge of the
likely already more thorough and more cong.lete
than
With that personal disclaimer, let me begin by saying that
during 1967, the Intelligence Coordination and Exploitation
(ICEX) program, which was the forerunner of the PHOENIX progra,
was developed under the auspices
of th-e-eTA. This was an
effort to identify the political activities of the enemy within
the P.VN and did provide an initial appreciation of the VC political
and terrorist apparatus. It was not until July 1963, however,
President Thieu issued the Presidential directive which estab
the PHOENIX program. Its principal characteristic was that it
a program, not an organization, to bring about collaboration,
cooperation, and coordination of all government agencies which
could contribute to the identification and neutralization* of
the Viet Cong Infrastructure, or VCI. PHOENIX Commi.ttees were
established at the GVN national, regional, province and district
level which .initially had only limited success. A US military
advisory effort for PHOENIX was developed, utilizing available
military officer's to assist in the organization of the program.
CIA personnel were gradually witM:rawn from direct rosponsibil
r-DTATEFITIm77611 is construed to include: causing VCI to rally
to the GVN, detention and/or arrest, or killing,
CONF Li El ',J' I Ai L
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10'
or tbe program ending their direct involvement in Jul 2.99.
They dia, however, remain as participants in the coordinaticn
procedure on the American side and through their liaison
with the Vietnamese Special Police. It is important to
remember that the program was a (771.1, not a US program, a.:1-t74-1:717
rtlt-imately the CVN organization was paralleled with a US military
advisory effort. At its peak in 1970, there were 704 military
advisors to the program. This was at the highpoint of
"Vietnamization" when US troop strength in Vietnam was already �
declining and the major thrust was to have the GVN assume complete
responsibility for its defense. The role of these advisors was
strictly to advise and to provide assistance on organizational
and management techniques, intelligence acquisition and file
procedures, and dissemination of that intelligence. This advisor
system was under the supervision of the PHOENIX Directorate of
the Deputy COMUSMACV, Civil Operations and Rural Development
(MACCORDS).
The PHOENIX program included: collecting intelligence
to identify VCI, inducing them to abandon their allegiance to
the VC, capturing or arresting them to bring them before
lawful tribunals for sentencing, and as a final resort, using
military or police force against them if no other way existed
to prevent them from carrying out their illegal activities.
The PHOENIX program had as its foundation Article 4 of the
1967 RVN Constitution which states: "The RVN opposes Communism
in any form" and "Any activity designed to publicize or carry
out Communism is prohibited." There were a series of ordinances
and laws to implement this constitutional provision which dealt
with crimes of treason, espionage, insurgency, revolt or
terrorism. Some of these laws actually predated the Constitution,
appearing as early as 19561t Trials for these crimes were before
military courts in accordance with legislation which established
eim
/these crimes as being against national security. Administrtive
U.
.1,P'szatoncing was possible (2-year terms maximum). This-proceAre
stemmed from the declarations of National Emergency and War
in 1964 and 1965, respectively. Similar detention
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procedures have hePn usr-d ::,:-; other countries curing enerenc
such as Nalaya, 1