Pictured is Dan Starks, founder of the National Museum of Military Vehicles, with Nitro’s World War I tank (YouTube video screen shot).

Ownership of the World War I M-1917 tank that was on display in Nitro from 1986 to 2005 has been known ever since the tank was moved from Alexandra, Virginia, to Nitro. The tank was U.S. Government property. Ownership was known but not documented.

Ownership has now been documented. Nathan Wills, Vice President of the Nitro Historical Commission, recently came into possession of a copy of a 2006 email from TACOM which confirmed that the tank belonged to the United States and that it was legally on loan to the City of Nitro and the Nitro VFW Post 9248. TACOM is the agency tasked with loaning obsolete military equipment to VFW Posts and other organizations.

Last year, Wills asked all West Virginians to email TACOM requesting the agency conduct an investigation into proof of its ownership of M-1917 Tank, Serial No. 18168. The agency confessed to poor record keeping and stated that it had no record of any tank transaction involving the Alexandria VFW Post.

Wills recently contacted TACOM concerning the 2006 email and has asked the agency to claim their property and to honor an agreement which designated the City of Nitro and VFW Post 9248 as legal custodians of the tank.

The tank is now in the possession of the National Museum of Military Vehicles (NMMV), a privately owned museum in Dubois, Wyoming. Owner Dan Starks, in a YouTube video (https://www.youtube.com/watch?v=RSrPhECHQjA), stated that he purchased the tank for $1.2 million. Starks also stated that the tank was well-known in collector’s circles because it was restored by the Ropkey Armor Museum in Indiana.

The Ropkey Museum purchased the tank in 2005 from the heirs of Jack Moody. Ropkey, reportedly, paid $60,000 for the tank and spent an additional $100,000 to restore it to running condition. Ropkey purchased the tank believing that it was the private property of Moody who died in January of 2005.

Jack Moody’s heirs obtained possession of the tank in the summer of 2005 when they told City of Nitro officials that they wanted to move the tank to have it sandblasted and painted. They stated that they would have the tank back in 30 days.

The July 2006 email from TACOM would have been composed when the tank was in Ropkey’s possession. The City of Nitro, reportedly, did not know the whereabouts of the tank at the time of the email. The location of the tank at the Ropkey Museum was not determined until early 2007.

Wills has contacted TACOM concerning the email and was referred to an agency legal consultant. “I was told that the email was solid evidence of government ownership but that restoring custodianship of the tank to Nitro would be difficult,” Will said. “The consultant said one option would be to have a U.S. Senator endorse a Federal Action which would require the movement of the tank from Dubois to Nitro.”

Wills said he will be submitting a letter to TACOM asking the agency to do “the right thing” and return the tank to its legally designated custodian, the City of Nitro and Nitro VFW Post 9248.

A copy of the 2006 email follows:

Byrd, Mary (ML)
From: Woolverton, Ed MR TACOM-WRN
Sent: Monday, July 03, 2006 8:16 AM
To: Byrd, Mary (ML)
Cc: Jan, Bradley J
Subject: RE: Ownership Issue of a WWI Renaylt FT17 Tank

Mary,

Based on everything we’ve been able to determine the tank rightfully belongs to the US Government with the City of Nitro and the Nitro VFW Post 9248 as joint legal custodians. This is predicated upon the fact that the law governing the transfer of obsolete and/or condemned Army property (Title 10 USC 2572) dates back to May 22, 1896 and states that all such donations are subject to the rules and regulations of the Department of War.

Historically all such donations made by an Act of Congress since 1900 specifically states in each Act that the items donated shall remain at the discretion of the Secretary of War at all times, thus substantiating the government’s ownership of these items.

This tank was transferred from Ft. Meade to the VFW Post #609, Alexandria, VA and placed in their custodianship in 1941. In his letter of September 10, 1986, Mr. Moody negotiated with VFW Post 609 to have the tank transferred to Nitro. This letter was written by Mr. Moody and signed by him as the Chairman of the WWI Commission for the City of Nitro. The tone and implications of this letter are that Mr. Moody was acting for and on behalf of the City of Nitro and VFW Post 9248. He also implies that the museum is to be owned and operated by the City of Nitro, not as a private concern.

The aforementioned information leads this office to the conclusion stated in paragraph one above. This office stands ready to defend and assist you in your efforts to retain the tank within the City of Nitro under City control. Once everything settles and the city has proper custodianship of the tank, we will execute the current Conditional Deed of Gift between you and us to solidify and document the city’s rightful custodianship.

Ed Woolverton
Chief. Army Donations Program
US Army TACOM LCMC

-Original Message-
From: Byrd, Mary (ML)
Sent: Thursday, June 15, 2006 1:18 PM
To: ‘Woolverton, Ed MR TACOM-WRN’
Subject: RE: Ownership Issue of a WWI Renaylt FT17 Tank

Ed,
Just wondering if there is an update? I have a meeting with our State Attorney General on the 5th of July. He seems willing to help if there is something he can do. Any additional information that you can send before that time would be greatly appreciated.

Many thanks

Mary Byrd
WO ODMS Coordinator
SP Document Administrator