Medal liars face new sanctions

[thedrifter]

Medal liars face new sanctions
State law enforcement may now cite those who falsify their war exploits.
By Peter Hecht - phecht@sacbee.com
Published 12:00 am PST Thursday, December 27, 2007

One in a series of reports on new laws that take effect Jan. 1.

The new director of the Three Valleys Municipal Water District in Claremont introduced himself with tales so harrowing, so seemingly courageous, that people took notice.

Fellow board member Dan Horan said Xavier Alvarez told him he saved a U.S. ambassador – and the American flag – while wounded by gunfire during a daring rooftop helicopter rescue in Lebanon.

Horan said he was puzzled when Alvarez, a board member elected in 2006, later changed his story to say it happened in Iran. And he was skeptical when his colleague also bragged of rescuing Marines pinned down by Viet Cong gunfire in Vietnam.

On Sept. 26, authorities charged Alvarez, 49, with violating a 2005 federal "Stolen Valor Act" by standing up at a gathering of water officials in July and announcing he was a wounded veteran, 25-year Marine and a recipient of the fabled Congressional Medal of Honor. Assistant U.S. Attorney Craig Missakian, who is prosecuting the case, said Alvarez never served in the military.

To state Assemblyman Paul Cook, R-Yucca Valley, the case represents just one of many – far too many – episodes of people impersonating veterans, embellishing service records or claiming medals they never earned.

Cook, a Marine Corps veteran and a Purple Heart recipient in the Vietnam War, this year pushed through a California version of the Stolen Valor Act.

The law, which takes effect Tuesday, adds another tier of enforcement to the federal act by allowing state and local law enforcement to cite anyone who falsely dons or claims a military medal or decoration the person didn't earn.

Expanding upon an existing state statute allowing misdemeanor citations against people who falsely claim to be active service members or veterans, the law makes it an infraction to lie about military awards on a job application or in an interview or by boasting in public about medals never earned.

Cook said Assembly Bill 282 is needed because – save for a few federal prosecutions – "the FBI has bigger fish to fry" and there are simply too many cases of "repugnant" phony heroes whose lies defame the service of honorable veterans.

Some of the offenders are real veterans embellishing their service. Last summer, the FBI charged Augustine Hernandez, 76, of Montebello with posing as a U.S. Army general and wearing the Purple Heart and Bronze Star to a memorial ceremony – even though he retired from the U.S. Army as a private in 1954 with no such medals.

In 2002, a Roseville man, Justin McCauley, came home after serving as a Navy ordinanceman on the U.S. Kitty Hawk and falsely claimed in a Bee interview he was a Navy SEAL wounded in ground conflict in Afghanistan.

Others may have political or financial motives. In September, sentences and guilty pleas were announced for six Washington men charged with lying about their military service, including anti-war protester Jesse MacBeth, 23. He claimed to be a decorated Army Ranger who participated in Iraq atrocities, but he'd been discharged after a month in the Army in the United States.

Another Washington man, Reggie Buddle, 60, was convicted of posing as a Marine Corps chaplain so he could perform weddings, funerals and baptisms. Still another, Larry Lewis Porter, 52, was sentenced for making up combat experiences to fraudulently seek naval disability benefits for post-traumatic stress.

The new California law would penalize bogus warriors with an infraction and a $250 fine.

But that is well below federal penalties allowing a $5,000 fine and six months in prison for lying about military honors. The federal law also imposes up to a year in prison for wrongly claiming the Congressional Medal of Honor or top military awards including the Army Distinguished Service Cross, the Navy Cross, the Air Force Cross, the Purple Heart and the Silver Star.

Cook, who unsuccessfully pushed for a felony statute in California, said he is seeking public humiliation for people peddling phony stories of heroism.

"If someone is charged, that in itself is a stigma, a tremendous punishment," he said.

But Tom Gentile, a retired Army sergeant major who runs the Legion of Valor Museum in Fresno, said he felt let down when the Legislature failed to adopt a tougher law. "I didn't just want a watered-down version of the federal law," he said.

Gentile is one of numerous veterans, angry and frustrated over alleged impostors in their midst, who actively investigate and report to authorities people who claim dubious military glories.

Another is B.G. Burkett, a Texas stockbroker and Vietnam veteran who co-authored a book, "Stolen Valor: How the Vietnam Generation Was Robbed of Its Heroes and Its History," exposing impostors and bogus combat tales.

"One thing about people who serve in war is they usually don't want to talk about it," Burkett said. "The heroes are seldom going to brag. If you hear two guys talking and one talks about the men he served with and the second guy says, 'Let me tell you how I won my Silver Star,' your antenna should go up."

Gentile said he recently confronted a man who appeared at a POW-MIA day at a Central Valley veterans hospital wearing a colonel's dress uniform heavily adorned with medals and decorations, including the Army's Distinguished Service Cross. Gentile said when he stopped the man to question him about the medals, the man hurried away.

"The tipoff was that he was wearing too much garbage, too much 'fruit salad,' " said Gentile.

He said military decorations are easily bought on the Internet, allowing "someone to pin a medal on themselves and come up with Rambo-type stories."

"It takes away from from the real people who served," he said.

In Claremont, Horan said he felt queasy listening to his water board colleague, Alvarez, expound on his alleged combat experiences. At one meeting, prosecutor Missakian said, Alvarez introduced himself as a Medal of Honor winner and – clearing his throat with emotion – said: "I got wounded many times."

Horan himself was a Marine stationed during the Korean War at Camp Pendleton in California. He worked in the motor pool and was a driver for a colonel. He never saw combat but was deeply proud of his service, and said he is glad California passed a bill to help "get the phonies out from where they are hiding."

"I think those who served would like to be protected," Horan said. "I just felt a bit sullied out of the deal, by him (Alvarez) claiming 25 years in the military and doing all these heroic things. Here I am, a former active Marine. It just felt dirty."

Alvarez pleaded not guilty Nov. 26 to a federal charge of falsely claiming the Medal of Honor. A trial has been set for Jan. 22.

In October, after hearing from angry veterans, the Three Valleys Municipal Water District voted to censure Alvarez over his military service claims.

Alvarez, who still sits on the board, provided another stunner, Horan said: "He voted to censure himself."

Ellie

[jerryd6818]

Interesting Census Stats and "Been There" Wanabees:

1,713,823 of those who served in Vietnam were still alive as of August 1995 (census figures -- During that same Census count, the number of Americans falsely claiming to have served in-country was: 9,492,958 -- As of the current Census taken during August 2000, the surviving U.S. Vietnam Veteran population estimate is: 1,002,511. This is hard to believe, losing nearly 711,000 between '95 and '00. That's 390 per day. During this Census count, the number of Americans falsely claiming to have served in-country is: 13,853,027. By this census, four out of five who claim to be Vietnam vets are not.
The Department of Defense Vietnam War Service Index officially provided by The War Library originally reported with errors that 2,709,918 U.S. military personnel as having served in-country. Corrections and confirmations to this errored index resulted in the addition of 358 U.S. military personnel confirmed to have served in Vietnam but not originally listed by the Department of Defense. (All names are currently on file and accessible 24/7/365).

Taken from http://www.*************/forums/0,15240,84591,00.html

The Few. The Proud.
Jerry D.

[johnklabrake]

My brother and I were corpsmen during the Vietnam War. I served after him, from 1972-1976, and though I was with USMC infantry units afloat, I am classified only as a Vietnam "ERA" veteran and my DD-214 does not show awards for Vietnam service, only the National Defense service ribbon along with personal and unit awards. I was on Yankee Station, a point in the Gulf of Tonkin off the coast of Vietnam, whereas my brother who was in-country for one day while he was stationed on the USS Repose rated the Vietnam Campaign Medal the Vietnam Gallantry Cross and the Vietnam Service Medal.
Could the US Census be asking the wrong question, such as "did you serve during the Vietnam War?" rather than "while in the military, did you serve in Vietnam?". It makes a difference as you can see.
There is no doubt much fraud connected to military decorations and it is an insult to veterans to have these discrepencies fostered by poor census taking.

[jerryd6818]

My brother and I were corpsmen during the Vietnam War. I served after him, from 1972-1976, and though I was with USMC infantry units afloat, I am classified only as a Vietnam "ERA" veteran and my DD-214 does not show awards for Vietnam service, only the National Defense service ribbon along with personal and unit awards. I was on Yankee Station, a point in the Gulf of Tonkin off the coast of Vietnam, whereas my brother who was in-country for one day while he was stationed on the USS Repose rated the Vietnam Campaign Medal the Vietnam Gallantry Cross and the Vietnam Service Medal.
Could the US Census be asking the wrong question, such as "did you serve during the Vietnam War?" rather than "while in the military, did you serve in Vietnam?". It makes a difference as you can see.
There is no doubt much fraud connected to military decorations and it is an insult to veterans to have these discrepencies fostered by poor census taking.

8,744,000 personnel were on active duty during the war (5 August 1964-28
March 1973) http://www.mrfa.org/vnstats.htm

Even if the 13,853,027 who claimed service in Viet Nam were confused about the distinction between "served in Viet Nam" and "served during Viet Nam", that leaves over six million who are confused about the distinction of "serving in the military" and "not serving in the military" or "serving during Viet Nam" and "not serving during Viet Nam" I don't think it's poor census taking, at all. I believe there are just that many lying bastards in this country.

Read 'Stolen Valor'. Once you finish the book, I can almost guarantee you'll look at "Viet Nam vets" in an entirely different light. (in more ways than one)

[FistFu68]

I went too the VA.Cemetary too pay my Respects too My MaMa and Papa.My PaPa was a Lifer.Then I noticed a Newer stone of a Man I Knew was not a VietNam Veteran but on His Stone it said VIETNAM.So I stop by the Cemetary Office and they go anyone Who was in the Military during Vietnam whether in Country or not gets Vietnam put on their Stone.This is in Wisconsin thought it was Kinda misleading actually

[KaosDad]

I think I have to doubt that one. I know many, many vets (some have passed) including my Pops who were very definity IN the military during VN, but were not in country. They did not recieve the medals nor do they have "Viet Nam" on the stones in Arlington. Not accusing anyone of shenannigans, but it sounds like the stone mason had a left over stone he needed to move.

[FistFu68]

Contact the Wisconsin Dept.Of Veterans Affairs Cemetary Division,cause If they had not Approved it believe Me I would have ripped it outta the ground I had a perfound Dislike for this Fake.But If a Man was in Country they put Besides Vietnam!!! Purple Heart which speaks 4 itself If He rates it

[FistFu68]

Any Veteran who served within the Vietnam Era time frame Here in Wisconsin has VIETNAM put on His or Her gravestone.The only way too tell if they were In Country or not is If you knew them Personally or they have award like Purple Heart or Silver Star carved into the Stone.This ain't Arlington call 1-800-384-2000 ask for VA, Cemetary Manager regular Bizz Hrs.If it weren't so I would have Ripped the Bastrads stone outta the Earth S/F

[Troutzilla]

KaosDad....many things are different here in Wisconsin when it comes to Veterans.This State goes out of it's way do take care of Veterans...at the Vet Center that I am involved with we have guy's and gals that have moved here from around the country because of the many State benefits that are available once residency has been established. Things ARE different here.Next May the State is Welcoming Home ALL Vietnam and Vietnam era Vets up at Lambeau field (link below) check it out.
Semper Fi Brother Fist



http://dva.state.wi.us/

http://lzlambeau.org/

[FistFu68]

Right on TROUT,I've lived in a Few states and Wisconsin is up there with any when It comes too it's Veterans Bar None.Oh and if You happen too Run into that 52" Muskie up at the top of the Willow Flowage at mouth of Cedar Falls that broke my 50Lb.test line catch that Onry Fish(LoL) S/F My Marine Brother

[Troutzilla]

Right on TROUT,I've lived in a Few states and Wisconsin is up there with any when It comes too it's Veterans Bar None.Oh and if You happen too Run into that 52" Muskie up at the top of the Willow Flowage at mouth of Cedar Falls that broke my 50Lb.test line catch that Onry Fish(LoL) S/F My Marine Brother

What did you lose along with that fish...Bucktail or a Joe Bucher Top Raider?
I trout fish that area around the Willow ....down on the Bearskin Creek and up the road on Rocky Run they both run under Hwy 51...Great country up there,eh!!

Semper Fi

[Artemis]

The guy that the mention in there Justin McCauley is in my unit in the National Guard here in California. I am ashamed to know him.

[Vandrel]

I am glad that these people are getting what they deserve. It's completely mind boggling as to why retards do this stuff when they know SOMEONE will notice.

[willhobbs5]

General Manager of our local water company claims to have flown "secret missions" into North Vietnam. Won't give details because they were "secret". He has never claimed any medals, pow status, etc...that I'm aware of, just that he was trained as a Navy Co-Pilot and flew secret mission over North Vietnam. **** head says he served as an enlisted squid, 64 to 68. I know the navy stopped training new enlisted pilots in the late 40's/early 50's. Before my time in our community he told a good friend of mine that he was a snipe on an aircraft carrier. Last year in a public hearing he testified under oath that he served for 3 years as a "fireman" in the navy. If memory serves, a "fireman" is a basic seaman is it not? **** head is in very hot water with the state Attorney General's Office, being sued civilly by water company members and most likely in trouble with several state and federal agencies for his conduct as the GM of our water co. Don't suppose there is much that can be done other than spread the word that he is lying but any suggestions would be helpful. This Chuckle head is a real piece of work and tries to gain support by presenting himself as a Vietnam Veteran who "flew secret missions into North Vietnam".

Will

[Sgt Leprechaun]

Correct. He's now also in violation of the Stolen Valor act. The last enlisted Naval pilot retired in 1981, but realistically, there were NO EP's commissioned during the Vietnam time period. Also, that last EP was an LDO when he retired. A "Fireman" is someone who works below decks and hasn't even been 'rated' yet by the Navy (as I understand it from the Vietnam Time period).

This guy is reportable to the FBI as violating the Stolen Valor act. If he has used this story to obtain goods or services of ANY kind, then it's also a fraud case.