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NOMINATION OF STEPHEN M. DUNCAN, TO BE ASSISTANT SECRETARY OF DEFENSE FOR RESERVE AFFAIRS

FRIDAY, OCTOBER 16, 1987 .

COMMITTEE ON ARMED SERVICES,

U.S. SENATE,

Washington, DC.

The committee met, pursuant to notice, at 9:55 a.m., in room SR222, Russell Senate Office Building, Senator John Glenn presiding. Present: Senators Glenn, Exon, Warner, Thurmond, and Wilson. Staff present: Arnold L. Punaro, staff director; Carl M. Smith, staff director for the minority; Jeffrey H. Smith, general counsel; Patrick A. Tucker, minority counsel; Andrew S. Effron, counsel; David S. Lyles and Frederick F.Y. Pang; professional staff members; and Pamela G. Powell, staff assistant.

Also present: Jeffrey B. Subko, assistant to Senator Exon; Phillip P. Upschulte and Milton D. Beach, assistants to Senator Glenn; Mark J. Albrecht, assistant to Senator Wilson; Alan Ptak, assistant to Senator Gramm; Samuel J. Routson, assistant to Senator Symms; Patrick A. Putignano, assistant to Senator McCain.

OPENING STATEMENT BY SENATOR JOHN GLENN, PRESIDING Senator GLENN. The hearing will be in order.

The committee meets today to consider the nomination of Mr. Stephen M. Duncan, to be the Assistant Secretary of Defense for Reserve Affairs.

I understand that Mr. Duncan's family is in the audience. We have met them in the anteroom just a few moments ago. I would like for you to hold up your hands. We are happy to welcome his wife, Lue, two daughters, Kelly, a Midshipman Third Class at the Naval Academy, and Paige, a sophomore in high school.

We are glad to welcome you here today, too. It is an auspicious day for all of you here, a day of which you can be very roud.

Mr. Duncan has been nominated by President Reas an to fill a very important position on the staff of the Secretary of Defense.

The position to which he is being nominated is responsible for exercising overall supervision of Reserve component matters, something that this committee and the Subcommittee on Manpower, which I chair, have gone into in a lot of detail. That position includes manpower, operations, training, force structure, construction, readiness, mobilization, and related functions.

[The nomination reference of Stephen M. Duncan follows:]

NOMINATION REFERENCE

AS IN EXECUTIVE SESSION,
SENATE OF THE UNITED STATES,
August 7, 1987.

Ordered, that the following nomination be referred to the Committee on Armed Services:

Stephen M. Duncan, of Colorado, to be an Assistant Secretary of Defense, vice James H. Webb, Jr., resigned.

[The biographical sketch of Stephen M. Duncan, which was transmitted to the committee at the time the nomination was referred follows:]

Mr. Duncan was born in Oklahoma City, Oklahoma, on March 28, 1941. He graduated from the U.S. Naval Academy in 1963, receiving his B.S. Degree and a commission as Ensign, U.S. Navy. While a Midshipman, Mr. Duncan was selected to serve as Brigade Operations Officer, he participated in wrestling, and he was selected as a U.S. Representative to the Royal Navy (United Kingdom) as part of a Midshipman Exchange Program.

He served as a deck and watch officer aboard U.S.S. ESTES (AGC-12), an amphibious flagship which directed amphibious landings near Chu Lai, Vietnam in the Spring of 1965. He subsequently served as the Weapons Officer aboard U.S.S. CARRONADE (IFS-1), the flagship of a division of four rocket ships (including three LSMR's) which provided close-in gunfire support to ground forces in Vietnam. His decorations include the Navy Commendation Medal (Combat "V"), the Combat Action Ribbon, the Republic of Vietnam Cross of Gallantry (Bronze Star), the Navy Unit Commendation and other citations and campaign medals related to his service in Vietnam.

In 1967, Mr. Duncan was appointed Assistant Professor of Naval Science at Dartmouth College where he taught Naval Engineering and Naval History in the Naval Reserve Officers Training Corps Unit. He received his Master of Arts Degree in Government from Dartmouth in 1969.

In 1969, Mr. Duncan transferred his commission to the U.S. Naval Reserve. He presently holds the rank of Captain, U.S. Naval Reserve. He has commanded two Naval Reserve units and he is a recipient of the Armed Forces Reserve Medal. He is a member of the Naval Reserve Association and the United States Naval Institute. Mr. Duncan attended the University of Colorado School of Law and received his Juris Doctor Degree in 1971. He served as Assistant U.S. Attorney in 1972-73, during which time he prosecuted federal crimes committed within the State of Colorado. He has engaged in the private practice of law in Denver, Colorado, since that time. Since 1982, he has served as a partner in the Denver firm of Hopper, Kanouff, Smith, Peryam, Terry and Duncan. His practice has been concentrated in the trial and appeal of complex commercial disputes in both federal and state courts.

Mr. Duncan is a member of the Bar of the U.S. Supreme Court, the State of Colorado, the U.S. Court of Military Appeals and other federal courts. He has published articles in professional journals. He is a member of the faculty of the Trial Advocacy Institute at the University of Virginia Law School and in 1982 he was elected a Fellow of the International Society of Barristers. He has served as an elected member of the Board of Governors of the Colorado Bar Association, the Board of Trustees of the Denver Bar Association, and of other bar organizations. Mr. Duncan has also been active in a wide range of civic activities.

Mr. Duncan and his wife Lue have two daughters. Kelly (20) is a Midshipman Third Class at the U.S. Naval Academy. Paige (16) is a sophomore in high school. For several years the Duncans have made their home in Evergreen Colorado.

[The Committee on Armed Services requires all individuals nominated from civilian life by the President to positions requiring the advice and consent of the Senate, and certain senior military officers as determined by the committee, to complete a form that details the biographical, financial and other information of the nominee. The form executed by Stephen M. Duncan in connection with his nomination follows:]

UNITED STATES SENATE

COMMITTEE ON ARMED SERVICES

Room SR-222

Washington, DC 20510-6050

(202) 224-3871

COMMITTEE ON ARMED SERVICES FORM

BIOGRAPHICAL AND FINANCIAL INFORMATION REQUESTED OF

NOMINEES

INSTRUCTIONS TO THE NOMINEE: Complete all requested information. If more space is needed, use an additional sheet and cite the part of the form and the question number (i.e. A-9, B-4) to which the continuation of your answer applies.

PART A-BIOGRAPHICAL INFORMATION

INSTRUCTIONS TO THE NOMINEE: Biographical information furnished in this part of the form will be made available in committee offices for public inspection prior to the hearing and will also be published in any hearing record as well as made available to the public.

1. NAME: (Include any former names used.)

Stephen M. Duncan.

Stephen Mack Duncan.

2. Position to which nominated:

Assistant Secretary of Defense (Reserve Affairs.)

3. Date of nomination:

August 7, 1987.

4. Address: (List current place of residence and office addresses.)

Residence: [Note: Nominee responded and the information is contained in the committee's executive files.]

Office: 1610 Wynkoop Street, Suite 200, Denver, Colorado 80202.

5. Date and place of birth:

March 28, 1941; Oklahoma City, Oklahoma.

6. Marital Status: (Include maiden name of wife or husband's name.)

I have been married to Luella (Rinehart) Duncan since March 13, 1965.

7. Names and ages of children:

Kelly Lue Duncan (19).

Paige Anne Duncan (15).

8. Education: List secondary and higher education institutions, dates attended, degree received and date degree granted.

(1) U.S. Grant High School, Oklahoma City, OK (1953-1959). Graduated in May 1959.

(2) United States Naval Academy, Annapolis, MD (1959-1963). Received Bachelor of Science Degree, June 5, 1963.

(3) Dartmouth College, Hanover, NH (1967-1969). Received Master of Arts Degree (American Government), June 1969.

(4) University of Colorado School of Law (1969-1971). Received Juris Doctor Degree, December 20, 1971.

9. Employment record: List all jobs held since college or in the last 10 years, whichever is less, including the title or description of job, name of employer, location of work, and dates of employment.

Dates of employment, name of employer (location), description of job/title, refer

ences:

1. Sept. 1982 to present: Hopper, Kanouff, Smith, Peryam, Terry and Duncan, 1610 Wynkoop St., Suite 200, Denver, CO 80202; Senior Litigation Partner in law firm; Ward E. Terry, Jr. (892-6003), Alan W. Peryam (892-6003), John P. Kanouff (892-6003), Thomas D. Birge (892-6003).

2. Oct. 1, 1984 to Sept. 30, 1986: U.S. Naval Reserve (Naval Reserve Civil Law Support Activity 118, 5151 Bannock St., Denver, CO 80216-5000); Commanding Officer of NR Civil Law Support Activity 118; RADM. Richard Young (913-764-3678) Com

77-336 O 88 10

mander, Naval Reserve Readiness Comir and, Region Eighteen, 301 Navy Drive, Industrial Airport, Kansas 66031-0031.

3. Nov. 1979 to Aug. 1982: Morrison & Foerster, 3100 Columbia Plaza, 1670 Broadway, Denver, CO 80202; Litigation Partner in the Denver, Colorado office of this law firm; H. Jeffrey Bayless (575-3604) (now a Denver District Court Judge), Kenneth Fimberg (844-2081) (now Assistant U.S. Attorney in Denver, Colorado).

4. 1973 to Nov. 1979: Gorsuch, Kirgis, Campbell, Walker and Grover, 1401 17th St., No. 1100, Denver, CO 80202; Litigation Partner in the law firm; Charles E. Grover (534-1200), Roscoe Walker, Jr. (534-1200), Robert E. Warren (534-1200).

5. 1972 to 1973: United States Attorney for the District of Colorado; Assistant U.S. Attorney (criminal prosecution and representation of the United States in civil actions); William K. Hickey (866-4715) (251 E. 12th Ave., Denver, CO 80203), Richard J. Spelts (297-1214) (1441 18th St., No. 200, Denver, CO), Daniel J. Sears (322-7700) (36 Steele St., No. 210, Denver, CO).

6. 1970 to 1971: John P. Holloway, Resident Legal Counsel for the University of Colorado; Student Law Intern; John P. Holloway (492-8133) or Legal Counsel, University of Colorado Foundation, Boulder, CO.

7. 1969 to 1970: Boulder, Colorado, City Attorney's Office; Student Law Intern; Walter L. Wagenhals (989-5050), Suite 700 Union Tower, 165 S. Union Blvd., Lakewood, CO 80228.

8. Jan. 1967 to July 1969: U.S. Navy; Assistant Professor of Naval Science (NROTC Unit, Dartmouth College, Hanover, NH); Capt. William J. Hurst (603-6433736) (presently residing at 11 Haskins Road, Hanover, NH), BGEN. O.K. Steele, USMC (202-543-2189) (presently residing at 126 F St. SE., Washington, DC 20003). 9. July 1965 to Nov. 1966: U.S. Navy; Weapons Officer aboard U.S.S. Carronade (IFS-1); Capt. Roy McCoy (presently residing in Sacramento, CA).

10. Dec. 1963 to June 1965: U.Š. Navy; Deck Officer and Assistant CIC Officer aboard U.S.S. Estes (AGC-12); Unknown.

11. June 1963 to Dec. 1963: U.S. Navy; Various temporary duty stations; Unknown.

12. July 1959 to June 1963: U.S. Navy; Midshipman at the U.S. Naval Academy, Annapolis, MD; Superintendent, U.S. Naval Academy, Capt. Bill Busik, USN (Ret.) (301-263-4448) (Director, U.S. Naval Academy Alumni Association, Alumni House, 247 King George St., Annapolis, MD), Professor Thomas Boyajy (301-266-8773) (presently residing at 1874 Lindamoor Drive, Annapolis, MD).

10. Government experience: List any advisory, consultative, honorary or other part-time service or positions with Federal, State, or local governments, other than those listed above.

(1) U.S. Navy (1959-1969).

(2) U.S. Naval Reserve (1969-present).

(3) Assistant United States Attorney, Denver, Colorado (1972-1973).

(4) Consultant to the Office of the Assistant Secretary of Defense (Reserve Affairs), (July 20, 1987-present.)

11. Business relationships: List all positions currently held as an officer, director, trustee, partner, proprietor, agent, representative, or consultant of any corporation, company, firm, partnership, or other business enterprise, educational or other insti

tution.

Business relationships:

1. Partner (1982 to the present time) in Hopper, Kanouff, Smith, Peryam, Terry and Duncan (a law firm-partnership), 1610 Wynkoop Street, Suite 200, Denver, Colorado 80202.

2. President and sole shareholder of Stephen M. Duncan, Professional Corporation, 28110 Pine Drive, Evergreen, Colorado 80439.

3. Limited Partner in Broadway Drive Apartments, Ltd., in care of Tom R. Gay, General Partner, 9520 North May, Suite 361, Oklahoma City, Oklahoma 73120.

4. General Partner in Duncan and Kanouff, a Colorado General Partnership, 1610 Wynkoop Street, Suite 200, Denver, Colorado 80202.

Professional Clients:

I personally and currently provide professional legal services to the following business enterprises-clients:

Contacts Influential of Colorado, Inc.

Oceanic Exploration Company.

Ramona Manor Convalescent Hospital.
J & S Medical Group, Inc.
E.F. Hutton & Company, Inc.
Shearson/American Express.

[graphic]

Presidential Limousine, Inc.
Lamar Savings Association.
Lamar Financial Corporation.

Cordillera Corporation.

Grease Monkey International, Inc.

12. Memberships: List all memberships and offices currently held in professional, fraternal, scholarly, civic, business, charitable and other organizations.

U.S. Naval Academy Alumni Association.

U.S. Naval Institute.

Naval Reserve Association.
American Bar Association.

Colorado Bar Association.

Denver Bar Association.

International Society of Barristers (Fellow).

Judge Advocates Association.

Colorado Trial Lawyers Association.

The Federalist Society.

Dartmouth College Alumni Association of the Great Divide.

University Club.

Citizens for America.

High Country Republican Club.

The Denver Forum.

13. Political affiliations and activities:

(a) List all offices with a political party which you have held or any public office for which you have been a candidate.

I was the Republican nominee for the office of Colorado Attorney General in 1978. I served as an elected member of the Colorado Republican State Central Committee from 1974 to 1987. I served on the Executive Committee of the Jefferson County, Colorado Republican Central Committee from 1977 to 1982 and in 1987. I served as a Republican Precinct Committeeman from 1972 to 1976.

(b) List all memberships and offices held in and services rendered to all political parties or election committees during the last 5 years.

I was a member of the Speaker's Bureau in the 1984 Colorado re-election campaign of President Ronald Reagan. I served as State Chairman of "Lawyers for Armstrong" in the 1984 re-election campaign of U.S. Senator William L. Armstrong. I was the Chairman of the 1986 and the 1984 election campaign of Colorado Representative Tony Grampsas (District 25). I was an elected member of the Colorado Republican State Central Committee from 1974 to 1987. I have served on the Executive Committee of the Jefferson County, Colorado Republican Central Committee in 1987. (c) Itemize all political contributions to any individual, campaign organization, political party, political action committee, or similar entity of $100 or more for the past 5 years.

I have not kept specific records of my contributions to political parties or election committees during the past 5 years, but on the basis of the notes and records which I do keep, my best recollection and judgment is that my wife and I have made the following contributions of $100 or more:

Date, recipient, amount:

April 1983: Colorado Republicans, $100.

Nov. 1983: Club 250, $250.

March 1984: The Armstrong (for U.S. Senate) Committee, $100.

Aug. 1984: Mike Norton for Congress, $100.

Aug. 1984: Ken Kramer Congressional Committee, $100.

Nov. 1984: Colorado Republicans, $100.

June 1985: Club 250, $250.

Oct. 1985: Colorado Republicans, $200.

May 1986: Committee to Elect Tony Grampsas (State Legislature), $100.
Aug. 1986: Committee to Elect Sally Hopper (State Legislature), $200.

Oct. 1986: Ken Kramer for U.S. Senate, $200.

Oct. 1986: Club 250, $250.

14. Honors and awards: List all scholarships, fellowships, honorary society memberships, military medals and any other special recognitions for outstanding service or achievements.

1. I am the recipient of the following military decorations:

Navy Commendation Medal (with Combat “V”).

Combat Action Ribbon.

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