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.