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Oral History Center University of California The Bancroft Library Berkeley, California Richard Millard Richard Millard: Judge Advocate for the Presidio 27 Presidio Trust Oral History Project The Presidio 27 Interview conducted by Barbara Berglund Sokolov in 2018 Copyright © 2020 by The Regents of the University of California Oral History Center, The Bancroft Library, University of California, Berkeley ii Since 1954 the Oral History Center of The Bancroft Library, formerly the Regional Oral History Office, has been interviewing leading participants in or well-placed witnesses to major events in the development of Northern California, the West, and the nation. Oral History is a method of collecting historical information through recorded interviews between a narrator with firsthand knowledge of historically significant events and a well-informed interviewer, with the goal of preserving substantive additions to the historical record. The recording is transcribed, lightly edited for continuity and clarity, and reviewed by the interviewee. The corrected manuscript is bound with photographs and illustrative materials and placed in The Bancroft Library at the University of California, Berkeley, and in other research collections for scholarly use. Because it is primary material, oral history is not intended to present the final, verified, or complete narrative of events. It is a spoken account, offered by the interviewee in response to questioning, and as such it is reflective, partisan, deeply involved, and irreplaceable. ********************************* All uses of this manuscript are covered by a legal agreement between The Regents of the University of California and Richard Millard dated December 7, 2018. The manuscript is thereby made available for research purposes. All literary rights in the manuscript, including the right to publish, are reserved to The Bancroft Library of the University of California, Berkeley. Excerpts up to 1,000 words from this interview may be quoted for publication without seeking permission as long as the use is non-commercial and properly cited. Requests for permission to quote for publication should be addressed to The Bancroft Library, Head of Public Services, Mail Code 6000, University of California, Berkeley, 94720-6000, and should follow instructions available online at http://ucblib.link/OHC-rights. It is recommended that this oral history be cited as follows: Richard Millard, “Richard Millard: Judge Advocate for the Presidio 27” conducted by Barbara Berglund Sokolov in 2018, Oral History Center, The Bancroft Library, University of California, Berkeley, 2020. Oral History Center, The Bancroft Library, University of California, Berkeley iii Richard Millard, 2018 Oral History Center, The Bancroft Library, University of California, Berkeley iv Abstract Richard Millard was born April 24, 1941, in Los Angeles. He joined ROTC while he was attending college at the University of California, Los Angeles (UCLA). He earned a law degree in the 1960s from UCLA and worked as a public defender after graduating. He started his military service in 1967 and served in Vietnam with the 1st Air Cavalry Division. He later became a judge advocate and worked on the Presidio 27 case. In this interview, Millard discusses his early life and education, time in the service, and legal proceedings for the Presidio 27. Oral History Center, The Bancroft Library, University of California, Berkeley v Table of Contents Presidio Trust Oral History Project History vii Interview 1: December 7, 2018 Hour 1 1 Born on April 24, 1941, in Los Angeles — Grade school in Miraloma Park, San Francisco — Move back to the San Fernando Valley — Father Maurice Millard as businessman — Mother Lillian — Older brother, Mark, as judge in Orange County, CA — Being a part of a upper, middle-class family — North Hollywood High School — Start at UCLA, February 1959 — Obligation on the part of male college students to complete two years of ROTC — Cold war political climate — Graduation from UCLA, January 1963 —Acceptance into UCLA Law School — Graduation from UCLA Law, June 1966 — Taking and passing the bar prior to deployment — Work as a public defender — Start of military service, April 1967 — On working in the psychiatric court: “It made me sensitive to the issues that I might not have otherwise have been.” — Three months at Fort Lee, Virginia, for quartermaster training — 1st Air Cavalry Division — Supply and Service Battalion — Arrival in Vietnam, August 28, 1967 — FIGMO charts — June 7, 1968 letter on corruption in the military, Robert Kennedy’s assassination, government priorities and funding — Reflections on his letter: “I’ve always believed that a military officer’s chief role is taking care of his men.” — Political debates among young military officers as similar to ones he had in law school — Return from Vietnam, August 28, 1968 —Work at the Presidio to finish last six months of service, 1968 — 1968 Democratic National Convention clashes — Assignment to the post judge advocate — Legal aid to soldiers — Living in San Francisco (SF) — Perceptions of the Presidio — Demonstrations labeled as mutiny — Murder of Richard Bunch — Randy Rowland — Eugene McCarthy speaking in San Francisco — Officers at the Presidio ordering formation to prevent military men from attending SF demonstrations — Punishment of those who did not attend formation: “thrown in the stockade” and “considered AWOL” — Article 32 of the Military Code of Justice — Brendan v. Sullivan — “Mutineers” as prisoners with three main grievances: “shotgun work details,” psychological evaluations of guard employees or prospective employees, and protesting the conditions of the stockade (such as overcrowding, safety) Hour 2 25 The diversity of Presidio 27 soldiers’ backgrounds — Nesrey Sood — Unjust drafts against regulations — Class and educational backgrounds of Presidio 27 soldiers — Terence Hallinan — Initial investigation of six soldiers — Gathering information for the investigation as supported by the military — Command influence — Harvey Homel — Gen. [Stanley R.] Larsen — Judge Advocate General’s (JAG) office — Physical layout of the Presidio — Formal requests for basic supplies and resources — Secretary being asked by higher-ups not to take Oral History Center, The Bancroft Library, University of California, Berkeley vi notes in court — Confronting his superior — Threatening people with deployment to Vietnam: “that’s the kind of problems that you had when you run afoul of what the command wants.” — Submitting recommendations on the case — Higher-ups adding contradictory cover letter to his report — Prisoner complaints ignored and unaddressed — Role as both investigator and prosecutor — Command influence — Consequences for not providing a “mutiny” finding — Fred Gardner — Dick Seamans — Career as a public defender — Learnings from Presidio 27 case — National reactions to the case — Changes in Military Code inspired by the case — On the over-politicization of the Presidio 27 — Susan Schnall — All-volunteer army versus army of draftees: “when the military ceased to become draftees and became voluntary, opinions change.” Oral History Center, The Bancroft Library, University of California, Berkeley vii Presidio Trust Oral History Project History The Presidio of San Francisco is a new kind of national park. It is home to the spectacular vistas, nature, and programs that visitors would expect, as well as a community of residents and organizations who bring renewed vitality and purpose to this former military post. The Presidio Trust is an innovative federal agency created to save the Presidio and share it with the public. The Presidio Trust Oral History Project captures new layers of the history of the Presidio. The project complements ongoing archaeological research and fulfills historic preservation obligations through interviews with people associated with the Presidio of San Francisco, for example: former soldiers, nurses, doctors, civilian workers, military families, descendants of Californios and Native Californians; environmental groups; and Presidio Trust and National Park Service employees. The interviews capture a range of experiences, including the legacies of colonialism, stories of service and sacrifice, the role of the Presidio in a range of global conflicts, everyday life on the post, and of how this post became a park. The Presidio Trust and the Oral History Center have embarked on a multiyear collaboration to produce these oral histories. The goals of the Presidio Trust Oral History Project/Presidio are twofold. First, to create new knowledge about life on the post during peacetime, as well as during global conflicts, that illuminates the diversity of experiences and the multiplicity of voices that is the essence of Presidio history. And second, to share this knowledge with the public in ways that leverage the power of first-person narratives to allow people to see themselves reflected in the Presidio’s past so they feel connected to its present. The kinds of questions we seek to answer include: “How can the Presidio’s military legacy inform our national intentions?” and “How can examining the cultural mosaic of people living in and around the Presidio shape our understanding of the nation?” The Presidio 27 On October 14, 1968, 27 prisoners in the Presidio Stockade broke ranks during roll call formation, sat down in a circle in the grassy yard, joined arms, sang We Shall Overcome, and asked to present a list of demands to the stockade commander that addressed the treatment