' i 

REF ID:A40132 ,- 'WI ......... ~ JI .. J_ ---1- .I• 

.. .. \. ,,.. 

SP/StS/013 (7 10 44) 

October 7, 1944 

~~ORANllJM To Mr. William F.;Fr1edman 

l. 'Ihe following chmmente on the attached tile. eu~ject "Policy With Regard to Termination ot EmploJnlent 

-ot eryptographic Personnel" are submitted after a conference 

•1th the Aeaistant Intelligence Officer. Arlington Ball 

Station, which took place in the absence or the Intelligence Ott1Qer. 

2. Although 1t is considered advisable that a 

lotter of policy auch as that propoaod should preaorlbe that 

all persons being disoharg~d from cryptographic duty muat be 

informed or the exieting laws regarding disclosure or m111tary information and should sign a statement or oath which would 

indicate that the7 are aware or the reeponsib111ty imposed 

upon them, it is recommended that the provision for the 

rorwardi:ng of euch statements to the Office or the Adjutant General be omitted tor the following reaeons: 

.I.• Such a procedure will have no add1t1ona1 

deterrent e~tect upon t~e person taking the oath • 

• .R.• In the case of military personnel stationed ove~eeaa in combat areas who remain in militar7 ae~v1ce, but who are discharged trom oryptograph1a aitt1ee the forwarding ot a prescribed rorm would be ~mpraof1cable and burdensome for the organization 1.nvolvedtt 

Jl• It is considered more important that persons ~1aonarged from cryptographic duties beoauee or 

unritness therefor be prevented from obtaining .turther contact with this workt a matter whiohl:a.s b~en ill{:ldequatel7 provided tor under the provision& 

ot letter, AG Sll.5 {16 December 1943) oa-s-B-M 1

24 Deoember 1943,, subjeot "Clearance of Personnel 

tor Cryptographic Duties". Under the prov1s1one ot ~ 1 the above-mentioned letter a stateMent of reasons ~ _ , tor dlamisaal from oryptogrRphic work 1n the caee 

or personB 80 dlamiased,, 18 required to be forwarded -- to tl".e Ofrice cf the Adjutant General,, however,, no 

prov1a1on in the case of unsuitable persons ia •ne.de 

tor the cor~eot1on of the record ot clearance ""h1oh 

-

-Ii= f 

__ r lA\pproved for Release by NSA on 12-06-2005 pursuant to E.O. 12958, as amended 

F 
REF ID:A40132 

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- exists in the local personnel files; or in the 

case of an enlisted man. on his service record. and 

1n the case or an ort1oer, on his Form 66-1. 

S• Secause o~ the presumption that all persons subject thereto have knowledge of the law, the 

existence or such a signed statement will not assist 

prosecution under any such laws. Similarly. 1t will 

not assist in proving intent, where necessary, since 

the intent required is an intent to injure the 

United States or assist a rore1gn government and 1s 

not merely an intent to disobey an existing law. 

~. Tile general reference in the proposed letter 

of p0i1cy to the pos~1b111ty ot subsequent legislation is not considered dangerous to aecur1t7. 

3. The following suggestions regarding the rorm or 

the proposed letter are submitted: 

.&• It ls suggested tbac the phrase "termination 

of emplo)'D1ent" be omitted as inapplicable to military personnel and that the word "disoharged" be substituted 

thore!'or. '..lbe word "e~aged" should be subst1 tuted 

.for t.he word "employed" and the word 11 duties" be used 

instead o:f "employment". 

b. In paragraph la the phrase "have not been 

cleared" ebould be de1eted e.nd the phrase "are not 

investigated" used. 

£.• In paragra~h la e.f'ter the word "certify" insert the phrase so 'far as practicable". This is 

SUc:;Cested because 1t may not be practicable in cases 

under eone1derat1on to obta1n 1dent1f1oation photo- graphs. 

d. Paragraph l,g, should be omitted as discussed 

above. 

!.• Paragraphs 3 and 4 should be omitted as 

unneoessaey. 

Floyd w. Tomk1nsi. Jr. 

lat Lt .. ~ Signal llorpa Legal Aes1etance Ofricer