Kissinger, Henry. Ending the Vietnam War. New York: Simon & Schuster, 2003.
Langguth, A. J. Our Vietnam: The War 1954-1975. New York: Touchstone, 2000.
The Winter Soldier Investigation: An Inquiry into American War Crimes. Boston: Beacon Press, 1972.
Periodicals
Several New York Times stories about the Paris peace negotiations and treaty
CHAPTER 22
Main Sources
We talked at length with Gustav Apsey about the physical toll the investigation took on his life. We also interviewed CID agents who took part in the Tiger Force investigation. In addition, we interviewed numerous Tiger Force soldiers about the probe. We interviewed Sam Ybarra’s family and friends, and drew on thousands of documents in the Colonel Henry Tufts Archive at the University of Michigan. We talked at length with friends and family members of James Barnett.
Our account of Ybarra’s visit to Roosevelt to meet Green’s mother was based on interviews with Kathleen Green and Janice Little. According to Little, who was married to Ybarra, her husband felt guilty about Green’s death. She said Ybarra often blamed himself for his friend’s demise. Green’s mother, Kathleen, said Ybarra was “filled with sorrow” during his brief visit to her home.
Our account of CID agent Robert DiMario trying to undermine the investigation was based in part on an interview with Daniel Clint for the Toledo Blade’s series “Buried Secrets, Brutal Truths.” The four-day series ran from October 19 to 22, 2003. It’s interesting to note that Clint told us Tiger Force members committed atrocities, but he took DiMario’s advice and kept quiet about war crimes. Clint, however, did hint to DiMario that there were serious problems with the fighting unit.
For the section about the meeting between Apsey and Barnett in Loretto, Tennessee, we drew on extensive interviews and CID records related to the Tiger Force case. Our account of Barnett sending his medals to the White House was based on interviews with family members and newspaper articles. It’s interesting to note that Barnett’s Silver Star is stored at the Gerald R. Ford Presidential Library.
For the section on Colonel Henry Tufts retiring from the CID, we drew on extensive interviews with his family, his friends, and CID officials. The records Henry Tufts removed from his CID office are part of the Colonel Henry Tufts Archive at the University of Michigan.
Army Records
The sworn witness statement of Ken Kerney on June 18, 1974. The document was Exhibit 112 of the Coy Allegation. It contained the following from CID agent Charles Fann:
FANN: Kerney confirmed that body mutilations were a common and accepted practice within the Tiger Force. . . . Kerney stated that Ybarra did have a human scalp braided on the front sight of his rifle.
FANN: In reference to the attack on the village near Chu Lai in which several children and other persons were killed by Tiger Force members with hand grenades because they refused to leave their bunkers, Kerney stated that information was received from S-2 that the village people were Vietcong sympathizers and that S-2 wanted something done about it.
FANN: According to Kerney, a search of the bunkers failed to show any sign of vietcong supplies or to substantiate that the village sympathizers were with the Vietcong. No return fire was received by the Tiger Force.
FANN: Kerney stated that during his assignment with the Tiger Force, it appeared that the force was used as an assassin squad for the higher echelons of the command structure. Kerney further stated that since the war has ended and numerous war-crime allegations are now being made, the members of the Tiger Force have become scapegoats for the commanders who actually ordered that certain incidents occur.
The sworn witness statement of Charles Fulton on June 24, 1974. The document was Exhibit 120 of the Coy Allegation. It contained the following about the bunkers:
FULTON: It was approaching the end of the day and we came into a village. I didn’t see anyone run into the bunkers for I was at the end of the column. Once in the immediate area of the bunkers, one of the NCOs who I think may have been Sgt. Haugh gave the order to throw hand grenades into the bunkers. I was among some of the guys that threw them into the bunkers.
The sworn statement by CID agent David Ayers, who interviewed Fulton. The document was Exhibit 121 of the Coy Allegation. It contained the following:
AYERS: Fulton stated in his written statement that he heard certain sounds coming from the direction of the bunker that had been hand-grenaded. When asked specifically about the sounds, he mentioned that they were sounds of people that had been hurt and were trying to get someone’s attention in order to get help. Although faint, they were clear.
The sworn witness statement of Daniel Clint on January 26, 1973. The document was Exhibit 200 of the Coy Allegation. It contained the following:
QUESTION: What kind of person was Ybarra and Kerrigan?
CLINT: In my opinion, Ybarra appeared to have no scruples and no conscience. Kerrigan seemed more like a manipulator in that, during that time period, there was sort of a power struggle. Those who had the highest body counts were looked up to and those who didn’t believe in killing just for the sake of killing were shunned. Kerrigan was one of those looked up to and that’s all I have to say about it.
QUESTION: Do you ever remember being issued orders to kill everything that moved during search-and-destroy missions while assigned to the Tiger Force?
CLINT: Yes, just prior to leaving the 320th Arty base camp we were briefed by LTC Morse Bn Commander, who told us we were the most “professional killers” in RVN, but I can’t recall the date. During the briefing, LTC Morse told us that we were to kill everything in the valley because the valley had allegedly been cleared and anyone left there was either VC or a VC sympathizer.
QUESTION: Were there any other occasions when you were instructed to kill everything that moved?
CLINT: Several, but I can’t give you exact times and dates or the names and titles of those who issued the instructions.
QUESTION: During your assignment with HHC, 1st Bn, 327th Inf Bde, did you ever hear the expression used “Sam did it” and if so, what was it supposed to symbolize?
CLINT: It usually meant that Ybarra had killed someone, but most times it was more specific like “Sam blew the old man away” or something of that nature.
QUESTION: Is there anything you wish added or deleted from your statement at this time?
CLINT: Yes, I’d like to make it known that Sam Ybarra had a way of threatening people in the unit in a way that intimidated people.
The sworn statement of Anthony DeMario, who interviewed Daniel Clint. The document was Exhibit 201 of the Coy Allegation. It included the following:
DeMARIO: Upon signing his sworn statement, Clint related that he disliked Ybarra very much and had even contemplated killing Ybarra while Clint was on guard duty in Vietnam, but that Fischer talked him out of it.
The sworn statement of Forrest Miller on April 5, 1974. The document was Exhibit 55 of the Coy Allegation. It contained the following:
QUESTION: Were there any indications that these people were hostile forces, VC, or sympathizers?
MILLER: No.
QUESTION: Did you actually see any of these persons being hit by Tiger Force fire, or see bodies on the ground after the firing ceased?
MILLER: I saw them fall down, however, I did not go out and check them to see if they were dead.
QUESTION: SPC Miller, in your prior statement, you related an incident involving the killing of several children using grenades. Will you relate fully to me the circumstances of this incident?
MILLER: This incident occurred near Chu Lai RVN near the middle of August 1967. We were on patrol and entered this village, and upon entering, some children and other people ran into bunkers and would not come out. We told them to come out and they did not. Due to this fact, we threw grenades into the bunkers. We didn’t take any prisoners from the group in that they were all killed.
QUESTION: Did you actually see these grenades being thrown
into the bunkers?
MILLER: I was there and I know of the incident for fact.
The sworn witness statement of James Barnett on November 27, 1974. The document was Exhibit 177 of the Coy Allegation. It included the following:
BARNETT: Since my last statement on 27 April 73, I got to thinking about a lot of things that happened in RVN. Most of those incidents could be classified as war crimes today. I feel that a lot of this stuff could have been prevented by Trout or Hawkins, but those two actually condoned such practices and at times encouraged them by not saying anything about the way some of the incidents happened. There were several cases when Trout told us to shoot people. The reason I want to bring this to light now is mainly that I and others followed orders given by Trout to shoot people when it was not necessary. We carried out those orders and if I or some of the others that were involved were still in the Army today we could be subject to be tried for committing war crimes. I know that since I am a civilian now, the Army can’t touch me. I intend to tell you about some incidents I have personal knowledge of and which involved either me directly or Trout. I know I wasn’t the only one that carried out such orders to kill people when it was not necessary but I don’t want to talk about other Tiger Force members because I feel it is their business to decide if they want to report such incidents or not.
During the interview, Barnett told Apsey that Trout ordered him to shoot a young mother after her husband escaped:
BARNETT: Trout, who was our element leader, got real mad about this and told us to burn the hooch down. We got the woman out of the house and she had a baby which was about six months old. Also somehow an old woman came into the picture, and I don’t know where she came from. We then set the hooch on fire and totally destroyed it and a medic we had with us gave her a bunch of pills or capsules to take, which quieted her down. I don’t remember who this medic was. Our entire element then moved out from there with the two women and the baby and went about 200-300 meters and stopped at another hooch. After finding that the house was secure, we set up security around it and remained in the general area there. Myself, Trout, and three others then took the two women and the child inside the hooch. Trout told me to tell my team to chow down and then I saw that Trout and the woman went down into the bunker inside the building. That bunker was a hole in the floor with dirt steps leading below into a room. I then left the hooch and told my people to eat. About five minutes or a little longer Trout appeared from the hooch by himself and mentioned something to the effect that “this was pretty good stuff,” in other words he was insinuating that he had screwed her.
Before Tiger Force left the village, Barnett said, Trout told him to shoot the woman.
BARNETT: I asked Trout at this point if he was sure that this is what he wanted to do and he replied, “Grease her.” The term “greasing” was one of Trout’s favorite expressions. The element saddled up and I got myself ready to go by putting on my rucksack and then the element started moving out. I don’t know how the woman came out of the building, but she was standing in front of the hooch when I saw her. I took my M16 rifle and pointed it at her and then shot her in the chest. She fell over and I turned around and saw that Trout was behind me and had seen the whole thing. We then left her lying there and then joined the rest of the element.
QUESTION: Would you describe the woman you shot?
BARNETT: She was about 22 or 23 yrs. old, medium build, and I think she had short hair or she had her hair rolled up. She had a pretty good-looking body that looked better than the average woman we encountered in the field. That is about all I can tell you about her.
QUESTION: You stated she was given pills by a medic when her hooch was burned down. Do you know what effect those pills had on her?
BARNETT: Like I said, she calmed down after she took them. I could see that she was high, like under the influence of drugs. I think she was given Darvons, but I am not sure about this because the medics carried all kinds of different pills.
QUESTION: Why did Trout and that woman go down into that bunker together?
BARNETT: I am sure that Trout had sex in mind when they went down there because I saw him playing with her breasts before that. I remember she had fairly large breasts for a Vietnamese woman.
The sworn witness statement of Kenneth Smith, who interrogated Carl James on November 6, 1974. The document was Exhibit 138 of the Coy Allegation. It included the following:
SMITH: James appeared to be extremely nervous and apprehensive regarding the purpose of the interview. After providing information necessary for an interview work sheet, James indicated prior to being advised of his rights that he may terminate the interview immediately if the allegations were not detailed to him. The undersigned determined that in order for James to have a clear concept of what he was suspected of, portions of the substantiation regarding Bruner’s allegations would be reviewed with James. James was not allowed to read any portion of the investigative material.
During a review of the material, James made numerous comments as if speaking to himself, indicating he recalled Bruner, and then “the chaplain” was mentioned, he indicated aloud “that would be Tommy Thompson.” James was warned against making such remarks until fully advised of his rights. Subsequently, during the rights advisement, James indicated that he would like to “waiver” the undersigned reading the rights, and was fully cognizant of his rights. However, the rights advisement was continued as required by the appropriate regulations. The rights advisement took place after James indicated that he now fully understood the allegations against him, as detailed on the face of DA Form 3881.
Subsequent to the rights advisement, James made several additional comments to the undersigned supporting the undersigned’s belief that James had recall regarding the incident alleged by Bruner. At one point, James pointed to his head in a gesture indicating that Bruner had mental problems. James also indicated that he thought he recalled a letter hand carried by someone regarding Bruner, but wasn’t sure.
The sworn witness statement of Kenneth Smith, who interrogated Carl James on January 20, 1975. The document was Exhibit 139 of the Coy Allegation. It included the following:
SMITH: James was allowed to review his written statement of Nov. 6, 1974, and related that the statement was true and correct. James related that at the time of the alleged incident, there was a lot of activity going on in their area, casualties were high, and that if Bruner did tell him of the incident, but not in the context that he understood it to be an atrocity, he may not have done anything about Bruner’s allegation. Again, James stated that at this time, he does not recall anything about the incident and is unable to answer questions in any way but “I don’t know,” “Maybe,” or “I’m not sure.”
We drew on the combat psychology concepts from various writings by retired lieutenant colonel David Grossman and Dr. Jonathan Shay, author of Achilles in Vietnam: Combat Trauma and the Undoing of Character.
Books
Beattie, Keith. The Scar That Binds. New York: New York University Press, 2000.
Grossman, David. On Killing: The Psychological Cost of Learning to Kill in War and Society. Boston: Little, Brown, 1996.
Kimball, Jeffrey. Nixon’s Vietnam War. Lawrence: University Press of Kansas, 1997.
Kissinger, Henry. Ending the Vietnam War. New York: Simon & Schuster, 2003.
Shay, Jonathan. Achilles in Vietnam: Combat Trauma and the Undoing of Character. New York: Atheneum, 1994.
The Winter Soldier Investigation: An Inquiry into American War Crimes. Boston: Beacon Press, 1972.
CHAPTER 23
Main Sources
We interviewed Gustav Apsey and numerous CID agents involved with the Tiger Force investigation. We also interviewed William Doyle and several Tiger Force soldiers, including James Hawkins, who described the Pentagon meeting in November 1975.
For the section on Apsey writing the final report, we drew on extensive interviews with the lead agent and other CID agents, including Captain Earl Per
due. They said Apsey spent weeks holed up in his office, dictating his findings into a tape recorder.
Our account of Hawkins and General William Maddox flying to the Pentagon to meet with the Army’s top brass was based on an extensive interview with the former Tiger Force platoon leader in connection with the Blade’s series “Buried Secrets, Brutal Truths.” The series ran October 19 to 22, 2003. Hawkins told us he read the document and was told by Maddox the case was being closed.
Army Records
The sworn witness statement of Bradford Mutchler on January 21, 1975. The document was Exhibit 323 of the Coy Allegation. It included the following information about Tiger Force:
QUESTION: Was the success of the TF and other companies in the battalion measured by a high body count?
MUTCHLER: Yes, that was one of the means by which the companies were evaluated. I attended all of the briefings prior to the missions and body count was often mentioned. This was the policy throughout all of the units and there definitely was competition between the line companies and the TF to see who could amass the greatest body count.
QUESTION: Did you ever hear rumors to the effect that members of the TF collected ears, gold teeth, and scalps?
MUTCHLER: I heard rumors to the effect but I never saw any of the items. It was something that no one really talked about out in the open and it was something that you just kept trying to “sweep under the rug” and forget because you really didn’t want to know if it was true or not.
QUESTION: Would you define the term “free-fire zone” and state whether or not the term was used in the Bn and by the troops during your tour of duty in Vietnam?
MUTCHLER: It was used by everyone during my tour and it meant to open up and kill everything that moved.
QUESTION: What provisions were in effect in handling noncombatants and other unarmed persons that were encountered in such a free-fire zone and especially during the Song Ve Valley operations?
MUTCHLER: I don’t recall any provisions made for noncombatants in the Song Ve Valley. It was just put out at the briefings that there was nothing in there that was friendly.
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