LT. COL. WILLIAM J. HERLIHY
Originator: CIA
From: GREANEY, JOHN K., OGC
To: CHIEF, EUROPEAN DIVISION
Document date: 11/05/1969
Document type: PAPER - TEXTUAL DOCUMENT

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:. 2022 RELEASE UNDER THE PRESIDENT JOHN F. KENNEDY ASSASSINATION RECORDS ACT OF 1992

RETURN TO CIA

Bao No Reproduce y

OGC 69-2093

5 Noverabar 1969

MEMORANDUM EOR: Chief, Europeas Division

ATTENTION:

Mr. Edward Fennimore

SUBJECT:

It. Col. William J. Herliby

1. In accordance with our telephone conversation of

3 November, I am furnishing you the following information about

the Army hearing.

The Department of the Army has convened a

board of general officers to review the record of It. Col. Herlihy

to ascertain whether he should be retained in the service in

accordance with statute 10 U.S.C. 3791. One of the bases for

dismissal from the Army under this provision is the finding by

the board that an individual officer's retention is not consistent

with the interests of national security.

2. The board is set to hear the case of Lt. Col. William J.

Herliby at the Headquarters First U. S. Army, Fort Meado,

Maryland, from 26 to 29 January 1970. The Army counsel who

is defending It. Col. Herliby has requested Mr. Peter Bagley to

appear as a witness on behalf of Herlihy. The anticipated testi-

mony of Mr. Bagley would cover the following:

a.

That Mr. Baglay had been Interviewed by

military authoritles concerning Lt. Col. Herliby;

b. That the above interview was conducted in

an improper manner;

c. That Mr. Bagley told the lavestigators Lt.

Col. Herliby never represented himself as a member

of the Central Intelligence Agency.

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3. The Army has stated that one of the allegations against

Lt. Col. Herliby is that he committed acts not clearly consistent

with the interests of nattonal security, as defined in Army

Regulation 604-10, by misrepresenting himself as being an agent

of the Central Intelligence Agency. There is a classified written

statement signed by Mr. Bagley contained in Lt. Col. Herliby's

dossier to the effect that, as of March 1968, It. Col. Herliby

was not involved in any ClA activities nor performing any functions

in cosjunction with members of the Central Intelligence Agency.

The Army has requested permission of the Central Intelligence

Agency to present this document to the Board of Inquiry.

4. It is my understanding after dlacussions with Army

counsel that Mr. Bagley's testimony can be introduced by answering

written interrogatories and not require his personal appearance.

However, I ask that we be furnished promptly a complete report

on all the facts available to Mr. Bagley and known to members of

15-5 (Brussels Station) about Lt. Col. William J. Herlihy's activities in

Belgium. In particular we would llke to know:

a. What was Herlihy's military assignment in Belgium?

15-5

b. What contact did he have with (Station) personnel?

15-5

c. What knowledge did he have of Station operations?

d. Had Herliby ever been officially affillated with CIA?

e. What are the circumstances surrounding the

allegations against Herlihy?

15-5

1. Did any (Station personnel participate in the

investigation?

g. What are the allegations that the Investigation

of Herlihy was improperly conducted?

JOHN IS. GREANEY

Assistant General Counsel

OGC: JKG:bt

Distribution:

Orig. & 1 - Adse

A - HERLIHY subj file

- JKG signer

1 - Chrono

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