Stolen Valor Act of 2013: The Paper Tiger

“Harrumph!”
Stolen Valor Act of 2013: The Paper Tiger
By Paul D. McInerny

*See also:
Still At It: Philip A. Keith (November 2019)
Philip Allen Keith: Navy Veteran and Author (11/16/2015)
Philip A. Keith: Military Phony? (5/30/2014)

Introduction
The other day, I listened to a recorded interview with a veteran whom I know (based on available documentation) has lied about his military service. I even found a 2015 Memorial Day photograph where he was wearing the insignia of a rank he never earned. I immediately thought of the Stolen Valor law on the books and my perception of the general apathy and indifference from individuals and organizations concerning Stolen Valor. It all reminded me of a scene from the Mel Brooks movie, Blazing Saddles.

In the scene, the governor (Mel Brooks) is in a room full of men to discuss a plan of action and declares, “We must do something about this immediately, immediately, immediately!” The others in the room erupt with, “Harrumph! Harrumph! Harrumph! Harrumph! Harrumph!” an indication of support for the governor and agreement that "we must do something," but without substance.

A Google search of “Stolen Valor,” or “military phonies,” results in endless pages of articles and stories of people who claimed to be a veteran, or, are veterans but claimed to have served in combat or special units and earned a multitude of medals such as the Purple Heart, Bronze Star, Silver Star, Navy Cross and even the Medal of Honor.

The list of military phonies is exhaustive and continues to grow. In 2005, FBI Special Agent Thomas Cottone, Jr. told the Wall Street Journal that for every actual Navy Seal today, there are at least 300 imposters (source: Fake War Stories, by Anne Morse, 2005).

On July 23, 2012, the Stars and Stripes reported President Obama announced the Defense Department will have a “stolen valor website” (valor.defense.org) designed to help people determine whether or not someone lied about earning military medals. President Obama made the announcement in his speech before the VFW National Convention in Reno, Nevada.

The problem was so prevalent that powerful and influential military associations such as the Veteran’s of Foreign Wars, the American Legion, politicians and other veteran organizations threw their collective weight behind the push to have the Stolen Valor law passed.

The Law
The Stolen Valor Act of 2013 was passed by 113th United States Congress and signed into law by President Obama on June 3, 2013. The Stolen Valor Act made it a crime for anyone to fraudulently claim they received military decorations or have served in the military. A key element to the law was the violator had the intention of “obtaining money, property, or other tangible benefit from convincing someone” they earned or were awarded the decoration or medal.

With the passage of law addressing military phonies combined with instant information via the Internet, one would think there would be reluctance on the part of an individual to falsely claim they served or earned medals they did not deserve. It would seem the consequences of getting caught would be swift and severe.

After the passage of the Stolen Valor Act of 2013, the Veterans of Foreign Wars (VFW) issued a statement that said, “We want all con artists to pay a very severe penalty — and a very public price — for daring to steal the valor of those too few who survived and of the great many who did not.”

Legion Commander James E. Koutz praised the overwhelming, bipartisan vote. "The American Legion is impressed with Congress today," he said. "Those who deliberately lie about military service, wear medals they did not earn or make claims of combat heroism they did not achieve are more than just liars. They are perpetrators of the worst kind of fraud. Their lies are an insult to all who have truly stood in harm’s way and earned their decorations.” (Source: American Legion, June 4, 2013).

John Stovall, director of national security and foreign relations for The American Legion said the American Legion supported the Stolen Valor Act of 2013, "… not to infringe on anyone's First Amendment rights but to protect the reputation and meaning of the decorations."

Rep. Paul Cook, R-California, a retired Marine colonel, added the Stolen Valor Act of 2013, "…ensures that we protect and honor veterans and the sacrifices they've made.”

Despite the passage of a law against fraudulent military claims, Internet sites are still ripe with new stories of stolen valor or exaggerated military service. You Tube hosts many video’s documenting the perpetrators, providing valuable evidence for prosecutors. The federal prosecutors must be racking up an impressive conviction rate while the con artists pay a “very severe penalty.” Or are they?

Investigating a military phony is time consuming, but one would imagine the organizations behind the passage of the Stolen Valor Act would have a vested interest in assisting, encouraging or demanding the investigation and prosecution of individuals falsely claiming awards they did not earn. It would be prudent to turn to these organizations for assistance or guidance.

On June 16, 2014, an inquiry was made to the headquarters of the American Legion, Internal Affairs and asked what the American Legion’s position was on Stolen Valor. The headquarters for the Veterans of Foreign Wars was also contacted and asked the VFW's official stance on Stolen Valor and the extent of their involvement in pursuing such cases. Both organizations said they leave such matters to the individual posts to investigate to avoid the appearance of influence from headquarters.

“Harrumph!”

Sam Wright of the Navy Reserve Association (NRA), author of an article on Stolen Valor (Law Review 12121, December 2012 - Supreme Court Strikes Down Stolen Valor Act, by Captain Samuel F. Wright, JAGC, USN (Ret.) and Rachel M. Kelly) was asked what particular agency or individual would prosecute for violations of the Stolen Valor Act. Mr. Wright suggested contacting Kyndra Rotunda, a lawyer, former officer in the U.S. Army JAG Corps, veteran’s advocate, author, and law professor at the Chapman University School of Law. Because of her past experience, Wright thought Rotunda would be interested in a specific Stolen Valor case. Ms. Rotunda’s response was a curt, “Thank you for the information – although we typically don’t handle these sort of matters.” No referrals, no suggestions, no guidance; nothing.

“Harrumph!”

In regards to a specific case of Stolen Valor, Sam Wright also suggested the Executive Director of Association of United States Navy (AUSN) Vice Admiral John Totushek, USN (Ret.), “would be concerned about a member of his association claiming medals he has not received, especially in a directory published for the association.” So concerned was VADM Totushek, he did not even acknowledge or respond to inquiry emails.

“Harrumph!”

Remember the “stolen valor website” by the Department of Defense President Obama said would help people determine whether or not an individual earned medals? The following is a portion of the disclaimer on the DoD web site:

The sole purpose of the information provided on this website is to publicly recognize those U.S. military members who are recipients of a Medal of Honor, Service Cross, or Silver Star.

Specifically, the information made available on this website should not be used to confirm whether or not an individual was awarded the subject awards for any purpose. DoD disclaims any liability arising from reliance on the information on this website. 


“Harrumph!”

An initial investigation into fraud or Stolen Valor usually begins with an examination of the individual’s official military records. When an individual leaves the service, he or she receives a government document called a DD-214, a brief synopsis of their military service. Military records obtained via the Freedom of Information Act (FOIA) are revealing, but incomplete. The inquiries do not result in an actual copy of the individual’s DD-214, but provide basic information, which offers a glimpse of their record.

An actual copy of the veterans personal DD-214 would be a compelling and definitive document to exonerate the veteran or confirm allegations of lying or embellishment, but an individual’s DD-214 is deemed a confidential document and only the veteran or family can request a copy. 3rd party requests must have the veterans written permission. Few individuals suspected of embellishing their military service would grant permission for someone to view the official copy of the DD-214.

And so it appears that the Stolen Valor Act is nothing more than a sanctimonious “harrumph” of righteous indignation.

The Problem
With so little teeth behind the law and individuals and organizations that supported the Stolen Valor Act displaying disappointing apathy, is it no surprise imposters or embellishers run rampant. Certainly not every military imposter or veteran who embellishes his or her career is obtaining money, property, or other tangible benefit(s) from convincing someone they earned or were awarded the decoration or medal. Some are emotionally or intellectually disturbed individuals. Others just want to be seen as something they never were. Military imposters are everywhere. They are every day people, politicians, would-be politicians and even actors.

Some examples of individuals who lied about their military service:
1. Walter Williams – Williams died in 1959 and received a funeral courtesy of the City of Houston, Texas. An estimated 100,000 people lined the streets to salute America’s last living Civil War veteran. Research eventually proved that Williams was only 5-years-old when the Civil War began (source: Fake War Stories, by Anne Morse, 2005).
2. Tom Mix – The silent screen star claimed to have charged up San Juan Hill with Teddy Roosevelt, when in fact he never saw combat and military records listed him as a deserter (source: Fake War Stories, by Anne Morse, 2005).
3. Robert Sorensen – Proudly stated, “When my country called me into service, I fought in Vietnam.” Sorensen never fought in Vietnam, but argued because the news media brought the war to everyone’s living room via television he defiantly said, “So in a sense I was there.”
4. Wes Cooley – Cooley was elected to Congress in 1994 and claimed military service in Korea as a member of the Army Special Forces, but his missions were secret and all his military records had been destroyed in a fire. He was later convicted for lying about his military service.
5. Bruce Caputo – Claimed to have been drafted into the Army during the Vietnam War, but had actually escaped the draft by working for the Pentagon as a civilian analyst.
6. Mark Kirk – Kirk was actually a decorated veteran, but claimed he had been the “Navy’s Intelligence Officer of the Year” when the honor was actually bestowed upon his unit.
7. Brian Dennehy – Dennehy served in the US Marine Corps, but claimed to be a Vietnam veteran who served a 5-year tour, which was not true.
8. Hillary Clinton – While she never claimed to have served in the military, she did claim to have come under sniper fire after landing in Bosnia and had to run for safety with her head down. Videotape of her arrival shows absolutely no hostile military activity.

More recently, news anchor Brian Williams claimed to have been shot down in a helicopter while in Afghanistan.

As mentioned at the beginning of the article, a key element to the Stolen Valor Act of 2013 is the violator had the intention of “obtaining money, property, or other tangible benefit from convincing someone” they earned or were awarded the decoration or medal.

Let us look at a hypothetical situation. If an author wanted to write stories about military combat operations, the author must conduct research on the subject matter. The author would need to interview people who were there, but some combat veterans are reluctant to talk to people who haven’t been in combat.

In the article, Vietnam Veterans Readjustment Problems, The Etiology of Combat-Related Post-Traumatic Stress Disorders, Jim Goodwin, Psy.D discussed the problems many Vietnam combat veterans faced when they returned to the United States. Vietnam combat veterans were sometimes reluctant to discuss their experiences with family, friends or strangers. They harbored a “deep mistrust” or suffered from Survivors Guilt.

“When asked how they are now dealing with the deaths of their buddies in Vietnam, they invariable answer that they are not. They feel depressed; “How can I tell my wife, she’d never understand?” they ask. “How can anyone who hasn’t been there understand?” (Howard, 1975).”

Paul Allen, a wounded combat veteran and author (www.warriorscodeofhonor.com) wrote, The Warrior’s Code of Honor. In one line, he wrote;

“You never speak of your world. Those who have seen combat do not talk about it. Those who talk about it have not seen combat.”

So, if an author who had never experienced combat wanted to write about a specific battle that occurred during a war, he or she already faced a daunting obstacle when it came time to interview witnesses and/or participants. It would be difficult and in some cases impossible to get the veteran to confide and share their combat experience. The author would have to establish credibility and trust with the combat veterans to be interviewed.

If the author were a veteran who had seen the horrors of combat and wounded not once, not twice, but three times during tours in Vietnam, it would add credibility to his/her background. The icing on the cake would be a chest full of medals to show the author was a combat warrior - a veteran’s veteran - and could establish Espirit de Corps, or solidarity with combat veterans. The author would understand – he/she “was there.”

Former Republican U.S. Rep. Chris Shays remarked, "When you're with the veterans, you want to link up with them," Shays said. "You want them to know you felt their pain" (Source: Army Times, May 23, 2010).

The fraudulent military veteran author writes the book, makes the money and the veteran’s story gets told. In other words, the author receives “money, property, or other tangible benefit” by lying about his/her military record, thereby convincing the combat veteran he/she has “felt their pain.”

Why They Do It
The reasons for lying or embellishing a military stint are as varied as the background of the individual. "They all do it for the prestige," said retired FBI agent Thomas Cottone, who used to investigate military impostors for the agency. "They all want to be recognized. They need that ego boost" (Source: Huffington Post, May 23, 2010).

The bottom line is they do it because they can.

In her October 2014 blog article, Uncommon Sense, Denise Williams wrote, “Embellishers are the most pernicious sort. They count on the fact that most civilians know next to nothing about military service.”

The phonies will have an answer or excuse for the accusations. For example, they would love to show you proof of service, but their assignment and unit were classified as “Top Secret,” therefore, there is no proof of their heroics. Some will say the military lost their records. Still others will claim their records are “sealed.” Others will simply answer they stand by their military record, yet provide no tangible proof which would exonerate them of the accusations.

Some are accomplished liars. They’ve had years of practice and enjoy the challenge of winning people over. They are good at what they do. Even when presented with evidence of lies or deception, friends of the imposter are so convinced of his/her authenticity, they will make excuses for the accused or dismiss the accusations as character assassination. The military imposter or embellisher feeds on this unfaltering friendship and loves the audience and the attention. As Agent Cottone said, “They need that ego boost.”

But sometimes, they get more than just an ego boost. Many commercial establishments are anxious to show their support for members of the armed forces. Some offer military discounts year round, while others offer special discounts on Veteran’s Day. Military.com has a list of restaurants, travel and recreational and other retailer offerings for Veteran’s Day 2014. The list includes Applebee’s, Bakers Square, BJ’s Restaurant, Black Angus, Boston Market, California Pizza Kitchen and many, many more. On the west coast, Disneyland and Knott’s Berry Farm offer special discounts to military personnel and veterans.

Military phonies rely on the passage of time or the complex and extremely slow investigative bureaucracy to allow the masquerade to continue. The individuals or agencies charged with investigating a military phony are systematically overwhelmed with responsibilities. If you are an investigator with a caseload, you prioritize your cases in order to be effective and to ensure a respectable conviction rate. Someone claiming to be something they are not usually will take a back seat to robbery, embezzlement, assault, etc.

While Internet sites may expose the phony, the only people visiting the sites are those who find the actions of the phonies reprehensible. In reality, there is no “severe penalty” or “very public price” to pay for the vast majority of military imposters. For most imposter, liars or embellishers there simply aren’t any negative consequences for their known behavior.

There are, of course, exceptions. In November 2014, one military imposter was video taped at the Oxford Valley Mall and made the evening news. So far, the video has over 3, 808, 897 views on You Tube.

Dan Lamonthe of the Washington Post reported the video was first posted by the Guardian of Valor website, which has a “Hall of Shame” for those caught faking. Army Staff Sgt. Anthony Anderson, an infantryman and website administrator, said he thinks the clip went viral because civilians don’t understand why faking military service is looked at so negatively by the troops and veterans.

The tape caught the attention of New Jersey Assemblyman Vince Mazzeo, who pushed to have NJ S2704 introduced. The bill is a New Jersey version of the Stolen Valor Act of 2013. Unfortunately, laws are nothing more than a “Harrumph!” if they are not enforced. Who or what agency in New Jersey will be tasked with the responsibility of investigating and prosecuting individuals suspected of Stolen Valor?

The one factor, which most favors the military imposter, is apathy. The general public just doesn’t care if someone dons a military uniform to claim heroics or make money, but what is more disappointing is the lack of an exuberant response from military organizations. Where is the support and influence from the VA Office of Inspector General, NCIS, Congressional Medal of Honor Society, Department of Defense, the VFW, the American Legion, The Order of the Purple Heart, National Military and Veterans Alliance, Navy Reserve Association, The Military Coalition, Marine Corps Association, CID Agents Association and branches of service so often impersonated; Army, Navy, Marines, Air Force.

There are many, many more military organizations and associations. One can’t help but wonder what type of impact the combined influence of these organizations could have on serious investigations and prosecution of military imposters and embellishers. Perhaps then and only then will the more prolific fake warrior be made to pay a “very severe and very public price.”

Solutions
As if we don’t have enough government agencies, perhaps it is time for yet another. A unit comprised of attorneys and investigators who sole function is to investigate and prosecute individuals who meet the elements for the crime of Stolen Valor. Volunteers who are retired and experienced in criminal investigations could supplement the investigative unit. Investigative units for the various military branches could also assist.

The Department of Defense DoD or some other government entity could maintain a list of military imposters available to the public and accessible through the Internet. There are numerous Internet organizations (POW Network, Home of Heroes, Professional Soldiers “Hall of Shame, etc) that could assist the DoD in the implementation and documentation of such individuals.

Whatever the solution, one thing is for sure. Military phonies have always existed and will continue to exist. What we decide to do with the more prolific imposters will be a reflection or indication of our commitment to the real veterans, the honest veterans and the deserving veterans. It will be a statement by a thankful community that the medals bestowed upon an individual actually mean something and are not for undeserving people to wear as costume jewelry for financial benefits.

Just Remembering

Roger J. McInerny, Jr.
Killed in the battle of Fire Base Illingworth, April 1, 1970.
Vietnam