The American Legion and VFW: Response to Member Misconduct

By Paul McInerny
Updated: February 2020

Introduction:
From the June 4, 2013 American Legion:

“On June 3, President Barack Obama signed into law The American Legion-backed Stolen Valor Act of 2013, which now makes it a "federal crime for an individual to fraudulently hold oneself out to be a recipient of any of several specified military decorations or medals with the intent to obtain money, property, or other tangible benefit."

Past 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. We raised this issue at our national convention, and the House acted."

The VFW was equally supportive of the passage of the Stolen Valor Act of 2013.

Past Commander Hamilton wanted to see violators identified.

“The VFW is very pleased with Congressman Heck and Senator Heller and all their co-sponsors,” said Hamilton, who served in Vietnam as a Marine Corps rifleman. “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.”

The American Legion and VFW, two prestigious veterans organizations, were ardent supporter of the Stolen Valor Act of 2013. Their spokesmen commented those who lie about their military service are “perpetrators of the worst kind of fraud,” and need to pay a “very severe penalty – and a very public price.”

Certainly, neither organization would tolerate such activity from their membership.

If a member of either organization was photographed wearing a uniform with a rank he did not earn or medals of valor he was not awarded, they would conduct an in-house investigation to determine whether or not allegations of misconduct had any merit and take appropriate action. Or would they?

Allegations(s) Against a Member of the VFW and American Legion:
In July 2017, a member of the American Legion community sent a letter to an American Legion Post Commander and the VFW Post Commander in New York regarding one of its members who had Honorably Discharged from the Navy at the rank of Commander. The Navy veteran, however, had been photographed in a Navy uniform with the rank of Captain with Aviator Wings, the Navy Cross, the Silver Star, Purple Heart and numerous other medals. The Navy veteran had written about his heroic exploits as a pilot, how his aircraft had been struck by a surface-to-air missile over the skies of Hanoi and how he, wounded and bleeding profusely, nursed his crippled aircraft back to the carrier, where he crash landed. He wrote how he was on patrol with a Marine unit in the jungles of Vietnam and was involved in a firefight and hit with an AK-47 round that entered his chest and exited his back, leaving a hole the size of a 50-cent piece.

The only problem, according to research with the National Personnel Records Center and the Navy Awards Section, there are no records of any kind to indicate the veteran earned any of the mentioned medals. Not one.

The local American Legion and VFW posts the Navy veteran claimed membership were notified. As per the protocol of both organizations, individual posts are responsible for their members and headquarters takes a hands off approach.

Now, the wearing of rank and medals not earned may not meet the elements necessary to make it a violation (crime) of the Stolen Valor Act, but surely the American Legion and VFW would look into the matter to determine whether or not the Navy veteran, a member of its organization, was wearing medals he did not earn or make claims of combat heroism he did not achieve. After all, he would be more than just a liar. He would be one of the “perpetrators of the worst kind of fraud.”

What was the response to the veteran who made the allegation(s) of misconduct? Nothing. No response or communication of any type. The local VFW Post Commander did, however, share the complaint with the Navy veteran. The Navy veteran in turn, wrote to the person who made the allegation and requested he stop the “harassment.”

The Navy veteran did not dispute a single allegation. Not one. Not a single word of protest or defense regarding the photograph of him displaying all of the listed medals and awards. He just wanted the “harassment” stopped.

The veteran who initially wrote to the local posts attempted additional contact with the local commanders and received absolutely no response. Frustrated, the veteran decided to forward his allegations to the headquarters of the American Legion Headquarters and VFW convinced they would look into the matter of the Navy veteran and perhaps even research why there was no response at the local level.

The veteran compiled a packet of the information he had gathered through research and included a photograph of the Navy veteran in the Captain’s uniform. The information was sent via mail to both the American Legion and VFW Headquarters and addressed to the current Commander.

A month passed by and the veteran received no confirmation from anyone at either organization. A phone call to each headquarters indicated the packet had quite possibly been lost, as they receive a great deal of correspondence.

Response from VFW Headquarters
Mr. Burke (VFW Adjutant) requested the information packet be emailed directly to him. He would then forward the information to the New York District Headquarters where the District Commander would ask the Navy veteran for a certified copy of his DD-214, which would either sustain or refute the allegations made against the veteran. The complaint allegation and supporting documentation were emailed the same day and Mr. Burke acknowledged receiving the documents.

The next day, Mr. Burke wrote (verbatim),  “As the VFW has not process to prosecute person(s) that embellish their war experience by displaying medal(s) that they have not earned we must refer you to the proper authority to report stolen valor which is FBI.”

As previously stated, the wearing of a uniform or medals one has not earned may not rise to the level of a crime, so another inquiry was made to confirm the VFW would conduct their own investigation, independent of any law enforcement agency. The response from Mr. Burke was brief, but excruciatingly clear. Mr. Burke referred to his previous statement and said there would be no further correspondence concerning the navy veteran.

So much for the “…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.”

Response from the American Legion Headquarters
Like the VFW, the American Legion Headquarters opted not to respond. Numerous phone calls and voice mails proved frustrating and non-productive, until the veteran finally spoke with Mr. Eric Goepel at American Legion Headquarters. Mr. Goepel appeared genuinely interested in the allegations and asked the evidence and documentation be emailed directly to him and he acknowledged their receipt. He assured the veteran he would send the packet “up the leadership chain,” and would let him know how things developed, as he was able.

Approximately two and a half months later, the veteran who made the allegation(s) received no updates of any kind. No emails, no phone calls, no letters. It is unknown if the American Legion Leadership even received the packet of information and allegations, or, if they did, what course of action they took ~ if any.

On December 4, 2017, Mr. Jeff Chapman, Assistant Director of Membership called to discuss the issue. The official stance of the National Headquarters was not to become involved in allegations of misconduct against one of its members. The responsibility belonged to the local post. Would the National Headquarters become involved if the local post failed to investigate the allegations? The answer from Mr. Chapman was an emphatic, “no.”

It would appear “perpetrators of the worst kind of fraud” are no longer of concern to the American Legion, even if the perpetrator is one of its members. Mr. Chapman said he would, however, contact the local post regarding our conversation.

The American Legion and VFW, both at the local and headquarters level, appeared to have washed their hands of any responsibility to investigate an allegation of misconduct against one of their members. Where was the outrage, or at the very least concern, that one of their members was wearing the uniform of a rank he did not earn and displaying medals evidence suggests he did not earn?

There are two concerns to be addressed.

The first concern is the lack of response from the he local American Legion and VFW post commanders who were notified of the allegations of misconduct. There was and is sufficient, tangible documentation (official records, photographs, etc.) to warrant a thorough investigation at the local level. At the very least, the local American Legion and VFW posts should have afforded the veteran who filed a complaint the courtesy of a response.

The second concern is both organizations have apparently turned a blind eye to the allegation(s). Both organizations decided not to conduct their own, independent investigation into the misconduct of the Navy veteran, but one has to wonder the reasoning. One member of the VFW even suggested the Navy veteran was protected by the 1st Amendment to wear the uniform and medals he did not earn. It is unknown what course of action was taken, if any at the local level, because of the lack of communication.

What is known, the National Headquarters of the American Legion and the VFW does indeed turn a blind eye. The American Legion Headquarters chose not to respond, but the VFW National Headquarters would not even entertain the notion of an internal investigation into the allegation. As Mr. Chapman indicated, if the American Legion National Headquarters had to investigate every allegation of Stolen Valor against one of its members, they would be too busy to conduct any business for the benefit of the veterans the organization serves. If the local post declines to investigate, national headquarters is fine with the decision.

This is the same American Legion, which raised the issue of Stolen Valor at one of their national conventions. Apparently, the issue was of concern enough to warrant discussion at a national convention, but does not rate consideration at the local level and the National Headquarters doesn’t become involved. And the VFW Headquarters was unyielding in their response: no investigation/no involvement.

Conclusion:
Apathy. Clearly, it is the “not-my-job” attitude. And we wonder why there is a proliferation of individuals parading around in uniforms with medals they didn’t earn. Apparently, if you are a member of either of these organizations, you get a free pass.

By the way, the Navy veteran continues his charade and story telling, using his exploits of alleged heroism to promote his books and earn a living.

This is your American Legion. This is your VFW.  This is why I am no longer a member of the American Legion.

About the author:
Paul McInerny enlisted in the United States Army and served from 1969-1972, Honorably Discharged at the rank of Sergeant E-5 with the 545th Military Police Company.  After serving nearly 30 years as a police officer in Southern California, he retired as a sergeant.  He is a Life Time member of the 1st Cavalry Division Association and the 545th Military Police Company Association, a Gold Star Family Member and a Charlie Company 2/8 Family Member.

Stolen Valor

Philip A. Keith: Story Teller Extraodinaire

I am at a loss for words, so I will simply post an article I have found from May 2016:

Source: http://www.hbschools.us/news/story.aspx?id=36513

In continuing its mission to take history out of the textbooks by honoring a local veteran each month of the school year, the Hampton Bays School District is paying tribute to Vietnam War Veteran Phil Keith by flying an American Flag in his honor throughout the month of May.

“The district is proud to honor Mr. Keith for his bravery and service to the United States,” said Superintendent of Schools Lars Clemensen.

Mr. Keith was honored at ceremony at Hampton Bays Elementary School on May 20. During the event the Hampton Bays Middle School seventh- and eighth-grade chorus performed “The Star-Spangled Banner” and “Welcome Home,” composed by John Jacobson and Mac Huff. Middle School student Simone Scotto read the poem, “A Nation’s Strength” by Ralph Waldo Emerson. The ceremony culminated with the raising of the flag on the district’s new flagpole, which was donated by the American Legion Hand Aldrich Post 924.

Mr. Keith was born in Springfield, Massachusetts in 1946 and grew up in East Longmeadow. Following graduating high school in 1964, Mr. Keith attended Harvard University, where he joined the Navy ROTC and earned a full scholarship for the next three years of college.

Upon graduating Harvard in 1968, Mr. Keith was commissioned as an officer in the United States Navy. He trained on several vessels, including both diesel and nuclear-powered destroyers and submarines. Despite being underwater so much, it was the air that caught his imagination. He applied and was accepted into the Navy Flight School in Pensacola, Florida.

Flight training was a grueling 14 months and consisted of learning to fly a prop driven T-34 training aircraft and Lockheed F-9. Following this, Mr. Keith enrolled in advanced flight training, where he flew the iconic McDonnell Douglas F-4 Phantom II. In the F-4, he qualified to take off and land on aircraft carriers, including as the USS Lexington. In August 1969, he graduated flight school and earned his gold aviator’s wings. Keith was soon assigned to a combat fighter squadron, which was in need of a legal officer, and subsequently sent back to school in Newport, Rhode Island to study for the position.

In November 1969, he was reassigned to the “Fighting Falcons,” the squadron VF- 96 aboard the USS Constellation off the coast of Tonkin in Vietnam. During his station, Mr. Keith and his fellow pilots flew “close air support missions,” flying protective cover planes going into and coming out of North Vietnam on bombing raids.

In the early 1970s, and on his second tour of Vietnam, Mr. Keith was flying his 272nd mission when a North Vietnamese missile hit his F-4. Keith and his weapon systems officer were both badly wounded and the F-4 was badly damaged. One engine was destroyed and there was a loss of flight control. Mr. Keith, however, managed to fly the crippled jet back to the carrier. He was awarded the Purple Heart for his injuries and the Distinguished Flying Cross for saving the life of his weapons systems officer and managing to maneuver the plane back to the carrier.

For the next six months, Mr. Keith recuperated in Hawaii and worked as a legal officer. He also wrote several articles for local papers about universities removing ROTCs from their campuses due to the unpopularity of the Vietnam War. The articles caught the attention of the Navy “top brass” and Keith was assigned to work in the admiral’s office before requesting to serve a third tour in Vietnam.

Although his injuries precluded him from flying an aircraft with an ejection seat he didn’t stop flying. Instead he transitioned to the Lockheed EP-3, an aircraft used for surveillance and reconnaissance.

He continued to serve in naval intelligence for another 14 years and retired after 24 years of active duty. After retirement, he worked for a software development company in Manhattan, ultimately as its vice president of marketing. After visiting the Hamptons one weekend, Mr. Keith later decided to purchase a home in Water Mill.

After moving, he started a consulting company and served as the executive in residence at Long Island University. He also started writing books about WWI and WWII and two others about the war in Vietnam. He is currently writing a book about Eugene Bullard, the first African-American fighter pilot. He has three grown daughters, two live in Utah and one lives in Idaho. His 13-year-old son Pierce is an eighth-grader at Westhampton Beach Middle School.

* * * *

Epilogue - Update;  Real life Walter Mitty, Philip A. Keith, passed away March 10, 2021.  Even in death, his stories followed him one last time:

Philip A. Keith

August 24, 1946 ~ March 10, 2021 (age 74)

Obituary & Services

Tribute Wall

Obituary

http://info@usawarriorstories.com Philip A. Keith, a well-known writer and newspaper columnist, died on March 10 at Southampton Hospital. The resident of Southampton was 74.

Born on August 24, 1946 in Springfield, Massachusetts, Mr. Keith attended school there and then at Harvard University, where he studied history. Having enlisted in the ROTC program at the university, upon graduation in 1968 he was commissioned as an ensign in the U.S. Navy. Mr. Keith’s service to his country included three tours of duty in Vietnam. During the first tour he was a naval aviator, flying Phantom F-4s. During one mission he survived being shot down, an action for which Mr. Keith earned his first Purple Heart. His second tour of duty resulted in a second Purple Heart after being wounded during in-country combat. His third tour in Vietnam involved being an intelligence officer and flag secretary to Admiral John McCain Jr., who was commander of the U.S. Pacific Fleet. Mr. Keith served a total of 25 years in the military, including the Merchant Marine and Coast Guard, and retired with the rank of captain. In addition to the Purple Hearts, Mr. Keith was awarded the Air Medal for Gallantry, Presidential Unit Citation, and the Navy Commendation Medal.

In civilian life, Mr. Keith earned Master’s Degrees from Long Island University and the Naval War College. He undertook a business career, which included working for two Fortune 500 firms and doing marketing consulting. He also had a long teaching career with positions as assistant professor of business at LIU and an adjunct instructor at the Rhode Island School of Design.

In more recent years, with a long-held desire to write having previously been untapped, Mr. Keith devoted himself to writing novels. His breakthrough, however, was as a nonfiction author, with the publication by St. Martin’s Press in 2012 of Blackhorse Riders. This true story of an Army regiment ambushed by enemy forces in Vietnam in 1970 won the USA Book News for Best Military Non-Fiction Award, was a finalist for the Colby Award, and earned the silver medal from Military Writers Society of America.

“Phil’s book was about a heroic group of men who served in Vietnam but it wasn’t until later on in the publishing process that I discovered more about Phil’s heroics in that same war,” recalled Marc Resnick, executive editor and vice-president at St. Martin’s Press. “He was both humble and professional, hard-working and funny, and a pleasure to work with.”

A follow-up Vietnam book, Fire Base Illingworth, released by St. Martin’s Press in 2013, was a Gold Medal winner from MWSA. Returning to the sea, in a way, Stay the Rising Sun, an account of the sinking of the USS Lexington during the Battle of the Coral Sea in World War II, was published in 2015 to much acclaim. Mr. Keith’s recent projects include All Blood Runs Red, about the first African-American fighter pilot, published by Hanover Square Press in 2018, which earned the MWSA gold medal, and the forthcoming To the Uttermost Ends of the Earth, a narrative of the battle between in USS Kearsarge and CSS Alabama in June 1864.

“I still remember my first meeting with Phil to discuss his book All Blood Runs Red,” said Peter Joseph, editorial director at Hanover Square Press. “You could see the excitement of a born storyteller, eager to share with readers something new and original that they hadn’t known before.”

Local readers will recognize Mr. Keith for his newspaper work, especially his column, “Mostly Right,” which appeared in editions of the Press News Group. It generated many letters to the editor over the years and earned first place in Opinion Writing from the New York Press Association. When out from behind the keyboard, Mr. Keith was a longtime member of the Southampton Town Planning Board. He was a proud member of VFW Post 5350, American Legion Post 924, the Disabled American Veterans, and Vietnam Veterans of America.

Mr. Keith had many friends in the area, some of whom gathered once a month, usually at the writers hangout Bobby Van’s in Bridgehampton, to tell tall tales and a few true ones. Dubbed “Nights of the Round Table,” the gathering was set to resume soon. Mr. Keith was generous with his support and encouragement of other writers, particularly those with similar military backgrounds.

“It took me 50 years to find the right time, courage, and motivation to do it,” said George Motz of Quogue about his own book. “And it took the initial patience of a close friend, Sir Harold Evans, combined with Phil who worked wonders to get the project over the finish line. Safe to say, it would still be in draft form had Phil not been kind enough to spend his valuable time simultaneously critiquing and encouraging me. His mantra was, ‘Tell your story in your own voice. That's what people want to hear.’"

Mr. Motz added: “As is so often the case with veterans, especially Vietnam War veterans, Phil never went into much detail about his time in 'Nam, although he was certainly proud to have served our country and his service record speaks for itself. I loved the man and will miss his friendship 'til the end of my days.”

Mr. Keith is survived by a son, Pierce, a graduate of Westhampton Beach High School who is now a student at Northeastern University, triplet daughters, Jennifer, Adria, and Tracy; and his longtime partner, Laura Lyons, who he often referred to as his “Muse.”

A funeral with military honors will be held at the Calverton National Cemetery on Tuesday, March 23, at 10.30 a.m.

In lieu of flowers a donation can be made in Philip's honor to USA Warrior Stories  

http://info@usawarriorstories.com