DEPARTMENT OF DEFENSE POLICY ON RELEASING
VIETNAMESE ARCHIVAL PHOTOGRAPHS TO THE PUBLIC

     To provide United States Department of Defense (DoD) policy regarding the release of Vietnamese Archival Photographs to the public. This policy will be used in order to comply fully with the spirit and intent of Executive Order 12812 in determining which photographs are released, and when they will be released. This policy applies to photographs currently in possession of the US Government and to materials obtained in the future as a result of our continuing efforts in Vietnam.

     The photographs fall into three general categories: photographs that will not be released without specific consent of the next of kin; photographs that will be released following notification of the individual involved or the appropriate next of kin; and, photographs that will be released without qualification.

     Do Not Release: Due to the privacy interest of the individuals involved or their family, there are some photographs that will not be released. This group includes all photos of casualties (human remains), personal letters, and personal effects that can be attributed to a specific individual. Photographs still under analysis will not be released until the analysis is complete and a determination has been made as to the appropriate category for the photograph. Under the “McCain Provision” of the FY92 Defense Authorization Act (Sec 1082, PL102- 190), the designated next of kin may authorize the public release of photos in this category as well as other materials contained in the Service Casualty Files.

     Release Following Notification: There are also some photographs relating to specific individuals, the release of which would not constitute an unwarranted invasion of personal privacy. This group includes photos of military ID cards, military equipment, and photographs taken in captivity of returned POWs or POWs who subsequently died in Captivity and whose remains have been repatriated. As a matter of courtesy, an attempt will be made to notify the individual involved or the appropriate family members prior to the public release of the photographs in this category. Once notification has been made, or the appropriate Service Casualty Office has been unable to locate the individual or family, the photos will be released.

     Release Without Qualification: The final group includes photographs of military crash sites and wreckage, personal effects and military equipment not attributable to any individual, and contemporary newspaper and magazine reports from foreign sources. This material will be released as soon as analysis is complete.