Wayne approached me about a year ago about his appeal for advice.     He told me that he was stationed in Udorn, Thailand; assigned to JUSMAAG/Thailand with duties that required him to make courier-type trips to Vietnam, Cambodia, and Laos.     I explained what I was doing in that I submitted with my claim a pay voucher for intransit via Tan Son Knut, Saigon, Vietnam.

    Wayne said that he had several pay vouchers that were "CZ" for tax exemption and that he also received combat pay for these excursions (the more the better.)     Furthermore, that he should prepare a formal statement in support of his claim as a form of testimony.     He sent me a copy for review and although, there were things that I would do differently, I told him to submit it "as is" because nothing is more impressive to a hearing judge than natural testimony.

    For more on the email paper trail, click here.

[Click on any image for full-size version.]

From: Boyd, Wayne Mr USAG/DPW 
Sent: Monday, September 25, 2006 11:33 AM
To: 'aopd360@netzero.com'; 'polehaw@yahoo.com'; 'f-4chief@cox.nt'; 
    'dennisbrown87@yahoo.com'; 'rbrown5452@chartner.net'; 'mariusb@earthlink.net'; 
    'fatjack1@hotmail.com'; 'jayree@tampabay.rr.comm'; 'ibcoopererman2@aol.com'; 
    'roncronin1@hotmail.com'; 'TheCorners31@comcast.net'; 
    'SusanandCharlesdavis@verizon.net'; 'dickcatdc@gmail.com'; 'frenaeis@msn.com'
Cc: 'ME'
Subject: Please Help Me!!

My name is Wayne T. Boyd; I am a former member of Deputy Chief JUSMAGTHAI, May 1972 to 
May 1973, stationed at Udorn, AFB, Thailand.   I am in real urgent need of former 
military (USAF) (7thRRFS personnel), CIA, Project 404 personnel Air America members 
assigned either to my unit or at Udorn that could possibly help me.  Prior members and 
earlier dates of assignments will also be helpful to JUSMAGTHAI or other units at Udorn 
will be helpful.

I am in the middle of an appeal with the VA on a claim that I have been fighting for 
a few years, now we're down to the wire and time is getting short for me to provide 
new evidence, thus, "Buddy Letters" are needed.

My claim with the VA is for Type II diabetes and I am claiming it because of Agent Orange.
You may or may not know that this disease can be claimed under "the presumptive service" 
for being in Vietnam.  No, I was not assigned to Vietnam, however, I went to Laos many 
times flying via Air America and stopped in Vietnam, Burma and Cambodia many times.  I 
cannot prove that I was in RVN, in spite of the fact I have the RVN Service/RVN Campaign 
Medals, and several Leave and Earnings Statements that clearly show that I received 
"Hostile Fire Pay."  There is a new ruling out (Aug 06) for military personnel who have 
the diseases listed under the Agent Orange and were stationed in Thailand can file a 
claim.  M21-1 HAAS is the case that got the attention of the Federal Courts.

Below is what I need from anyone that is wiling to help me.  My Veterans Service Officer 
has told me that "Buddies Letters" real have a lot of weight in VA claims, thus, I need 
help!

My claim is for Type II Diabetes, I am claiming that this was caused due to Agent Orange 
Exposure.  I have all the necessary medical documentation; however, I cannot prove that I 
was ever in Vietnam.  If I had proof of being there, then this would be a done deal.  My 
claim is due to my duties while assigned to Deputy Chief JUSMAGTHAI, from May 1972 to 
May 1973.  I flew with Air America to perform courier runs to Laos, on many trips, while 
flying with Air America; we would make stops in other SEA countries to include Vietnam, 
Cambodia and Burma.  I cannot say why we stopped for sure; however, I do know that we 
made stops for refueling or to unload supplies.  As I stated above, I have several months 
of Leave and Earning Statements that show I actually received "Hostile fire Pay," one 
would think that that should be enough proof for VA.  As I recall, we only got this pay 
if we entered a country where combat was taking place!!!

1.  Any knowledge of Deputy Chief JUSMAGTHAI's mission (war in Laos affiliation with Air 
America)? Project 404 personnel especially!

2.  USE OF, STORAGE OF or SPRAYING OF Agent Orange at Udorn AFB, 7th RRFS and especially 
at the Air America compound.  There was a supply depot not far from Udorn that we went 
to from time to time, wonder if AO was stored there??

3.  Would like anyone that could make a statement that they feel, believe or know that 
I could have flown to SEA countries which include Vietnam because of being a courier for 
JUSMAGTHAI.  Also, I have mentioned to VA that manifest and orders were hardly ever used 
when flying on air America.  As I recall, your real name was never utilized if they did 
list you for some reason.  So, if you had actual experiences, knowledge of, or aware of 
the possibility that this could have happened to me, please provide a statement.

4.  From the readings that I have seen pertaining to Agent Orange, I believe that we 
Soldiers/Airmen stationed in Udorn and at the 7th RRFS were truly exposed to it for 
sure.  I have seen pictures of the 7th RRFS, it looked like a desert.  Hey, it should 
have had a jungle around it.  Not much different than the perimeter at Udorn AFB, 
jungle trees without leaves!!  I went to the 7th RRFS several times a month to deliver 
military pay stuff, could have had exposure to AO then.  VA doesn't care!

5.  If you would like to call and discuss, I can be reached at (Work) 717 245 4956, 
(Home) 717 218 5448 or (CELL) 717 448 8688.

At this time, I would like to thank all of you and God bless!

Wayne T. Boyd
U.S. Army Retired (1SG)
=====================================================================================
Wayne:
Sorry I can't assist. I'd left Thailand before you were at JUSMAAG.
I am forwarding this to Frank Picchione, a friend of mine, who has more knowledge 
of things like this than I do. 
Easy
Floyd McGurk 
=====================================================================================
tp://shop-las-vegas.com/VBA/TOC.htm#Table of Contents
 
Below is what I need from anyone that is wiling to help me.  
My Veterans Service Officer has told me that "Buddies Letters" 
real have a lot of weight in VA claims, thus, I need help!
 
Wayne,
 
I am cc'ing John Foster in this note.  John is beginning the process.
I am at the VBA (Veterans Board of Appeal) level too.
 
I presume you had your review, and the V.A. sent you a
"Statement of the Case," (SOC) denying your initial claim.
 
Now, they are asking for "buddy letters."
 
(a)  Did you (ever) stop in Vietnam?  .. plane land?
 
My research shows very few cases that were granted
to veterans in Thailand based upon a claim of being
exposed to herbicides/AO THERE.  Okay?
 
See also the new (court) decision that impacts all
veterans holding the VSM or AFEM, Haas v. Nicholson
 
http://shop-las-vegas.com/VBA/VBA-Major-Decision.htm
 
http://shop-las-vegas.com/VBA/Haas/Haas-v-Nicholson.htm
 
And, "Evidence of Service in Vietnam"
 
http://shop-las-vegas.com/VA-Sec-5.htm
 
Now, the V.A. Secretary was attempting to limit benefits
to those that "stepped foot" in Vietnam -- NOT a tour
of duty in Vietnam, just hadn't "touched" soil, eg, sailors
on ships.
 
The judge overturned that, the VA is mounting an appeal,
in other words, delay .. delay .. delay.
 
It isn't that I don't give your claim much hope on the LEGAL
BASIS you are presenting, ie, "usage at Udorn," etc., but
it doesn't look good.  Cases have examined air force equipment
used in spraying, SPECIFIC DATES in "Operation Ranchhand",
and proceeding with this as your legal foundation would depend
on the demeanor of the judge or panel of judges assigned to
your hearing.
 
You can cause an additional hold based upon the new "law of
the land," VSM/AFEM recipients or make a formal 2138 "Statement
of Supporting your Claim" referring to an event where you had
stepped foot in Vietnam visa vie your plane LANDING on the 
ground.
 
http://shop-las-vegas.com/VBA/Selecting-a-VSO.htm#Documents
 
Please keep in mind that I am not a "trained" VSO.  I am a self-
starter and trained myself with my website research, etc.  That's
a long story, life-long story.
 
CALL ME ANYTIME AT (702) 363-3290 FOR ONE ON ONE TALKS.
 
Later, I will post your request for help to help other vets and
your results (hopefully good.)  John is working thru the WACO VA/RO
office in Texas and his rep asked the same thing.  Myself, I prefer
legal precedence.  That is, cases heard in court, and the judge
ruled in the affirmative to the claimant and THAT becomes the
"law of the land."  Meaning:  if your circumstances are similar,
most our, then it applies (equally) to you, and John and me.
 
http://shop-las-vegas.com/VA-Sec-5.htm#Legal Precedence
 
Putting my fate in the hands of some "buddies" is not my idea
of a legal position.  If they have had good results in the past,
great.  Otherwise, you need more defense than that -- NOT
necessarily "evidence," but introduction of other legal basis
for granting your claim to exposure application.
 
I may use some legal terms that may be confusing, so do call
me for explanation.  Write to John too.  It helps to have a
support group and learn from others (the reason for the website.)
 
John is looking for guys that flew to Thailand as he (and I) did.
Why?  Couldn't tell'ya because I CITE legal precedence for Thailand
vets and the court eats that shit up.  .. buddy letters .. precedence.
 
Do some reading, then give me a call.
 
Franco
 
http://shop-las-vegas.com/VBA/VBA-Preface.htm
 
http://shop-las-vegas.com/VBA/TOC.htm
 
http://shop-las-vegas.com/VA-Sec-TVVET.htm
 
http://shop-las-vegas.com/VBA/Serving-In-Thailand-Cases.htm
 
http://shop-las-vegas.com/VBA/Case-Studies.htm
 
U.S.C. (LAW) takes priority OVER VA regs (CFRs)
 
http://shop-las-vegas.com/VBA/USC.htm
=====================================================================================
Franco:  Thank you so much for the letter and information.  Just to add to my case,
I have copies of LES's showing that I recieved Hostile Fire pay in a CZ (Combat Zone).
*For 5 months out of 12)  I have no orders ever showing that I stepped foot in Vietnam, 
however, I did fly there with Air America, that is why my VSO is suggesting buddies 
letterrs.  You see, flying with Air America, they never used orders, and most of the 
time they gave you a fake name.  It was very routine to stop in RVN on the way back 
from Laos. I will do some additional reasherch and I will be calling you.  thanks Again!!
 
Wayne
=====================================================================================
Wayne,
 
Unfortunately, you have a (lame) VSO, evident.
 
LES .. pay vouchers?  .. anyways, other such claimants
showed pay stubs and/or other CZ evidence as a legal
basis and approval (grant.)
 
I have a pay stub with CZ too, intransit to Thailand,
the VA/RO adjudicator ignored it, listed it as evidence
without notation of CZ (see my 2138s) and without
good reason (initial filing) denied me.  I thought the
reviewing officer would correct that; asked my AMVETS
rep about it, said nothing; denied.
 
It seems the VA loves to delay benefits and waste
court (VBA) time.
 
You don't have to have either orders or proof for the
Secretary (old limitation) of setting foot in Vietnam.
Statement by you, in legal precedence, is sufficient.
 
With these details about your work with CIA/Air America
while on active duty, it's a "slam dunk."
 
It only needs to be heard by a rational person, ie, judge.
 
You see, you like thousands of others, are being represented
by what I call "the less fortunate."  People that to one degree
or another are incompetent and "just doing their job."
 
I really like your email, if you haven't put it all down in
a 2138 (Statement of Support of your Claim,) DO IT NOW!
Put as much background detail as possible -- like how often
this occurred, even date references to coincide with your
LES documents and CZ pay.
 
Man -- you went from a "slim-to-none" to "SLAMMM DUNK!"
 
Franco
=====================================================================================
Franco:  Reference my LES's.  I had a old AFB vet contact me last week, his claim 
was very much like mine..He couldn't prove that he stepped foot in RVN either, however, 
he did have some old LESs.  well, he sent them to DFAS asking for an explanation for 
CZ, tax exempt and hostile fire pay.  DFAS came back with the explanation, duty in 
Vietnam.  I will forward to you, it is interesting.  I just mailed copies of my LES's 
to DFAS asking if they could explain to m.  Hey, this may become a good angle for 
others.  it sounds good!!  Anyway, the airman claims that he got a 100% disability.  
will fwd in a few minutes.
 
Wayne
=====================================================================================
This is the letter that I was talking bout.  What do you think??  My pay vouchers 
(LESs) clearly indicate CZ, tax exclusion and Hostile fir pay...  I don't think that 
anyone got that for being in the vill chasing the ladies!!!    France...what is 2138s??  
 
Regards,
 
Wayne

Letter
=====================================================================================
Wayne,
 
In your research reading of my site,
start with the links I originally gave
you and work down (prioritized.)
 
You will find a citing for a guy that
had a military driver's license STAMPED
in Da Nang as well as pay stub cases.
 
My AMVETS rep said he had a case
where a vet had his vaccination certificate
STAMPED in Saigon (clinic.)
 
.. amazing.
 
Why?  Because these two situations could
easily be fraudulent documents based upon
having his old driver's license or shot record
and stamping it (post-era) with a "souvenir
stamp." <s> .. then you would have issue
as to the color of the ink! .. aging process,
etc.
 
Pay vouchers have a certain kind of ink
(and type) .. remember the Dan Rather
Bush-fiasco?  .. type/font?  Yeah.  Easy
to determine fraud.
 
These stamps, etc. could be floating around
anywhere.  They sell the funny money currency
on eBay .. proof .. shit.
 
Having the original documents, faded ink and all,
is money in the bank.
 
.. buddy letters .. huh!
 
Franco
=====================================================================================
Wayne,
 
If I read you right, you WERE scheduled for a video conference with D.C.
versus face to face, in person.
 
I, too, am scheduled for a video conference.  That doesn't matter, Wayne.
 
You will be in a formal court hearing and the judge precides -- NOT the V.A.
 
Yes.  You should submit a simple 2138 which outlines the attachment of
EACH pay voucher AND a formal statement prepared from you memory
notes of activity, your job (MOS,) and of course, try to cover each and
every pay voucher period -- even, if you just recall something related 
to a type of mission. 
 
Now, if you were told "buddy letters" help, go for it.  Like I said, I prefer
precedence of other legal case appeals where the judge found in favor
of the veteran (claimant) -- especially the cases of basis "word of 
mouth" only.
 
Now, keep in mind, the note from Jimmy Rogers should give weight to
the fact of CZ on your pay vouchers, BUT what gets my "goat" is that
this is (no way) the first time that that has occurred, defense/basis
based upon "pay stubs."   I have listed a dozen cases where the claimant
could not find a pay voucher, one granted where he said the pay clerk
told him NOT to put anything down about Vietnam -- that was the
"word of mouth" of an air force retiree going (first) to Ton Son Khnut
and the BACK to Phillipines...  .. figure.
 
I would stick to the video conference.  It should be painless and yes,
having the VSM/AFEM is a plus, but remember that the V.A. is currently
trying to fight it.  You will see news articles on the site, eff 15 Sep 06,
where the V.A. is attempting to "mount" an appeal.  .. right, delay(s).
 
Franco
----- Original Message ----- 
From: Boyd, Wayne Mr USAG/DPW 
To: 'Franco Picchione' 
Sent: Thursday, September 28, 2006 6:19 AM
Subject: RE: EVIDENCE FOR VIETNAM SERVICE UPDATE


Franco:  thanks for the information, I am going to take the next couple of 
days and attempt to get my file ready for my VSO next week.  My claim is 
currently in D.C.pending appeal, I have until Oct 20, 2006 to submit new 
evidence, etc.  You know the story!!  Anyway, I originally asked not to have 
a face to face, however, that is all going to change now.  My VSO will take 
over for me..I have got SHIT  from DAV (life member), thus, I will/have 
asked the local VSO to assist me.  In my mind, most especially because of 
the several Pay Vouchers and the Award to the RVNSM should be enough.  I 
also was able to get one of the Air America pilots to come on line and say 
that he "unequivocally" believes that I could have landed in RVN.  I don't 
know how much these buddy letters help??  Anyway, if you have any further 
guidance for me, then bring it on!  With all the great stuff that you sent 
me the past couple of days, I will be reading every word of it.
 
Thanks Bother!
 
Wayne
=====================================================================================
Wayne,
 
Here are three Word documents:  two specific legal precedence
citings (rulings) and a summary-type document of all sorts of
"pay stub" cases with ruling excerpts to show that it was a
common practice to ACCEPT such (official) documents as
evidence in a claim.
 
Some of those summary excerpts are where the judge
decided to remand the case for a (pay stub) document
search.  You HAVE copies of the records.
 
Now, keep in mind, we are working under the "old rule" of
"well-grounded" evidence claim(s) and NOT the prevailing
"benefit-of-the-doubt" doctrine.
 
.. doesn't hurt to have ALL the ammunition, your ducks in
a row, to fight the V.A.
 
I have also updated specific website pages dealing with
evidence, especially Thailand veterans, where it points
you to two key references for pay stub cases:
 
http://shop-las-vegas.com/VA-Sec-5.htm#Pay Stub Citings
 
http://shop-las-vegas.com/VA-Sec-5.htm#Pay Stub Debacle
 
http://shop-las-vegas.com/VBA/Serving-In-Thailand-Cases.htm
 
http://shop-las-vegas.com/VA-Sec-TVVET.htm
 
http://shop-las-vegas.com/VA-Sec-5.htm#R-and-R
 
http://shop-las-vegas.com/VA-Sec-5.htm#DFAS
 
Good work.
 
You are actually helping me make the website that much more
useful for others and btw, get myself in a very good mental
frame of mind for my own hearing.
 
Don't sweat it.  Just have your key documents (pay vouchers
and formal statement, ie, opening statement prepared and
bullet outline the specific events you can recollect) and you
will be fine.
 
Franco
=====================================================================================
Wayne,
 
No.  You do not have to prepare a separate 2138 for each document.
 
See my attachments:
 
http://shop-las-vegas.com/VBA/Claim-Documents/2138-statement-jul-24-05-stamped.jpg
 
http://shop-las-vegas.com/VBA/Claim-Documents/2138-statement-oct-17-05-stamped.jpg
 
First, I submitted the 24 Jul 05 2138 in response to a "Need to Reply" notice (ie, Duty 
to Assist) and then a REPEAT notice 17 Oct 05 adding yet a second formal statement of 
recollections.
 
Notice my spacing, ie, double-spaced and hand printed.  You say you have five (5) pay 
voucherswith CZ, list them separate, single spaced, WITH date of pay period and 
annotation of "CZ"
 
.. then, say you are attaching a formal statement which will be a summary of your 
recollections as to activity while stationed in Thailand and (roughly) how many such 
trips and estimate of stops .. one is sufficient, but if you feel you did that 4-5 times, 
terrific.
 
Now, you will want to print out the statement from Jimmy Rogers and if you could get a
copy of the certificate they issued because of "CZ" pay voucher status, THAT would be
useful foundation enforcing the premise of "CZ" means "service in Vietnam."  That is the
point; a point they should already be aware of, but again you are building a 
"well-grounded"claim and not something either "plausible" or "creditable" but factual, 
supported by official pay voucher documents.
 
My AMVETS rep told me that the video conference was the most expeditious way; that
face off would cause delay.  I first told him face to face and then he explained to me 
that that would cause delay.  So, I said:  "No problem, video."  I just wanted him to 
know that I wasn't the least bit intiminated by these people.
 
The summary Word document would be a good one to show that the court (VBA) has
followed a policy of accepting such pay documents as evidence (well-grounded) of having
served in Vietnam because of the annotation of "CZ" for tax exempt.  Again, referenced
as an attachment on the (cover) 2138.  
 
You see, the 2138 simply acts as a V.A. form to list attachments and concise references
to the attachment, document name, date, and specifics such as "CZ" is all that you need
to say on the 2138.
 
I don't know what you mean by a 'TON' of things, but you may want to pass it by me
once you have things pretty much in order.  Think of what you are doing as preparing
a Court Brief.  Briefs are submitted to the judge, by both parties, on case.  The V.A.
has so much already stated their position in the SOC (Statement of Case) after the
review denial.  It outlines law and regs and basis for their decision to deny.
 
You will want to point out things they made mistake on and/or ignored.  You see, in
my case, they listed my "CZ" pay voucher in the evidence list, but totally ignored it
in the analysis of their reason for denial PLUS they listed the pay voucher WITHOUT
any reference to the "CZ"  .. yeah .. incompetent bunch of assholes .. wasting the
court's time.
 
I PRESUME you did not submit the pay vouchers on your initial claim .. right?
 
If you did, were they listed in the evidence list and were they ever referenced in
the analysis of the decision?
 
Franco
 
p.s.  I've got to go get a haircut now.
=====================================================================================
Hi Wayne,
 
Thanks for the compliments.  I work at it, constantly.
 
My son is the legal-eagle with a Masters Degree, Cum Laude.
 
You can use the Word documents as you see fit, ie, take
the header or footer off or modify for your own file no., etc.
 
I am my AMVETS rep fax some 26-pages to the RO only
to have them state in the review denial that they do not
look a such "precedence" .. like the court (VBA.)  Oh, I see.
They like to pass the buck up and waste the professional
(and highly skilled) resources of the court.
 
Your statement is straightforward.  Put it in a Word document
and email me it and I will critique/edit it for you.  It should be
in your own words and consider the first "cut" draft #1 as I
may ask you for more information, or query you on additional
info where you remember.
 
The Commander in Bangkok and the military leadership today
is in a critical "cya" mode.  Your case doesn't mean anything
to him.
 
Again, your formal statement is "word of mouth" basis only
and in this day and age, without well-grounded evidence,
sufficient.  Don't think that you have to substantiate every
statement you make in writing OR in the testimony of the
hearing.  If you look scared, or worried because of things
you can not possibly substantiate, it will go against you.
 
STOP all preparation at least three days before the scheduled
hearing and get a lot of sleep.
 
If you aren't ready by the 15th, you will never be ready.
 
As for the military retirees in the system, they may be a good
source of military background and know how to "interrogate."
But, imho, they should NOT be interrogating a claimant.  It
is their job to assist and file the papers correctly.  Beyond
that, they are doing the claimant a big disservice.
 
I mentioned to my AMVETS rep that I received a casual pay
in my layover as you can see listed in the deductions in my
online illustration.  He starts quizing me as to did I receive
script currency or dollars?  He was attempting to set a trap
and see how I would react.
 
I was so hurt (and pissed) that I went home and researched
the matter and wrote a 14-page response.  In the response,
I analyzed what I would have done with the money versus
keeping it in my pocket.  I know with my low pay, I wasn't
going to spend it.  I know my habits aren't to go to the 
"Club" and have a few beers.
 
If he really was trying to confirm or verify my story, I have
learned and I will burn him in the hearing; embarrass the shit
out of him.  I don't remember.  I didn't remember the casual
pay until I saw it on the pay voucher .. and, I am supposed
to remember if they gave me "green backs" or script .. I
quipped that in any case, whether script (initially,) I would
have had to exchange it on departure.
 
It isn't an issue that I am worried about being questioned
about, but a disappointment in the counsel I am using.
 
Back to the retiree issue .. I get the distinct impression that
they don't like any claimant that DIDN'T retire.  Like I said
before, 100% disability vets, imho, deserve a military ID
card and the privileges of a retiree.
 
I also believe our names should be added to the Wall in
D.C. once we die from our complications due to service.
Some may think that that is a radical opinion, but I don't.
 
I hope this Colonel knows his stuff.
 
BTW, I just got interrupted by John Foster over the past
hour plus on the phone.  I told him that I would email cc
him in on this too.
 
John's got some problems .. I smell a rat.  His so-called
VSO is a "county vso."  i NEVER heard of such a thing.
You are going thru the VFW, right?  The Colonel is
certified in training and affiliated with him.
 
John says this guy has no office, doesn't give out his
home address and uses computer print-out cards AND
has made mistakes already and demands that I told
him were not reasonable.
 
The deadline for September credit is tommorrow and
I told him to get a copy of his 526 STAMPED.  His
wife is supposed to meet him tommorrow for some
signed paper and that gives him little excuse to put
him off.
 
I don't like it.
 
As for my part in helping veterans, I don't expect a
dime.  I am against the "front office," as opposed to
the V.A. Healthcare Providers and will fight them
until the day I die.
 
I want to be an advocate and have it all come to a
"head" in front of a Congressional Committee.
 
All my work is probono.  I don't get one cent for any
of this.
 
I also told John to give me this guys name and phone
no. and I will "enlighten" him.  I will enlighten anyone
at the V.A. and make them wish they never heard 
my name.
 
Give my name out; quote my website.  If they got
the balls to contact me, I'll straighten their asses
out, officer or not.
 
re:  Physician statements or medical opinions ..
 
If you are not in the V.A. Healthcare System, get
enrolled and have all your examinations with a V.A.
doctor.
 
Diabetes II, under the application of the presumptive
doctrine has no timeline limitation, eg, one year after
discharge.  You just need a doctor today to diagnose
your condition.  I was diagnosed in 1992; started with
the oral meds and now take NPH and R as a kidney
dialysis patient.  You can see my long list of secondary
conditions in the 2142 claim form on the website
which should be more than adequate for 100% disability.
 
So, you are applying under the law that states that
if you were in SEA or Vietnam between 1962 and 1975
and stepped foot in Vietnam (old Secretary policy,)
then it is presumptive (presumed) to having been
exposed to herbicides, as a family that includes AO.
 
The records that you have that show you were
diagnosed as early as 1989 are fine, but historical.
You will want a physician to sign off on that and
if a private physician gives you a hard time, more
the reason to get into the V.A. system.
 
I realy don't know how you got this far along,
VBA appeal, without such documents in your
C-File (confidential file.)
 
You will find a lot of my background linked all over
the place in the pages referenced, eg, "About Franco.."
 
In Thailand, I was company clerk for HHC/44th Engr Group
in Korat; transferred to 697th Engr Co (Pipeline) after 3-4
months and did that until Satahip and deactivation; went
to a 2-man personnel section for the 538th Engr Bn where
I helped the battalion company clerks balance their morning
reports until deactivation .. a waste of resources and time.
 
I got out of the army, went home to Boston and computer
school, moved to Miami, returned to the army (Ft Lewis)
and worked at the Overseas Replacement Depot until that
deactivated in 1972 and got into the 9th Infantry at the
division (computer) data center.  Orders came down to
give me the best assignment in the world, USARPAC Hqs
in Honolulu, Hawaii.
 
I worked weekends and evenings to finish my bachelors
degree and some graduate studies and then got out of
the army; worked computers in aerospace for 3-4 years
and then have been self-employed since.
 
>>but can't get his to write a thing
 
See a V.A. doctor.  IN or OUT of the system, they
are required to provide medical examinations for your
disability claim.
 
Franco
 
I would put the site links for you, but for some reason
can not access my site(s).
 
 
----- Original Message ----- 
From: Boyd, Wayne Mr USAG/DPW 
To: 'Franco Picchione' 
Sent: Thursday, September 28, 2006 12:10 PM
Subject: RE: ENROUTE (INTRANSIT) LEGAL PRECEDENCE CITING CASES


Franco:  Let me just say that your are truly amazing to say the least!!!!  
You should have your "Harvard law Degree" by now.  I am so impressed with 
my dealings with you  I just cannot stand it, and it has been less than one 
week!  When and what unit were you assigned to while in Thailand?  hell, 
we could have possibly run the Ville together!!  Anyway, I will take all 
the recent stuff that you sent today and read it and come up with a statement.  
I really do think that I also stopped in RVN while traveling from Clark to 
Udorn, but nothing to to substantiate it other than my own statement, and it 
appears that is okay.  I know, I will just write up a statement.  Right?  
Hell, I looked up to see if the unit that I was assigned to was still alive 
and kicking, yep, they are in Bangkok.  Well, I wrote to the Commander there 
and ask him if he had any historical information that could help me.  His reply 
was" I cannot tell you anything about that time period!"  He acted as if he 
never heard anything about what the unit's mission was all about.  Really, I 
have gotten more information from you in 4 days then I have been able to come up 
with in two months.  Thanks, France.  when I get to Vegas again, dinner will be 
on me!  After reading what you have sent me, I truly believe that my case will 
be approved, I just hope that I put it togeather correctly. yes, my VSO is a 
retired COL, however, I have been told he does a good job.  I will do a good job 
also when I have the fucking VA boys on the other end of the screen.I have also 
tried to get my former civilian doctor to come on line and state that he was 
treating me for Type II since 1989, but can't get his to write a thing.  I have 
a copy of my old records that shows a script to diabetic meds back as far as 1992 
and of course, I have everything since then.  I am currently maxed out on oral 
meds and also take insulin.  How about you?
 
Gotta go.
 
Later and thank you!
 
Wayne
=====================================================================================
Franco:  I just want to share some information with you that may be helpful to others.  
I had one hell of a time trying to deal with Army DFAS, I.e. I wanted to talk to someone 
to try and find out how to obtain copies of old pay vouchers.  Just trying to accomplish 
that was a true effort.  I did, however, come up with some great information and I can 
personally say that it works!!!
 
For anyone looking to obtain copies of old LESs/Pay Vouchers (Army) this is what you 
have to do:
 
1.  Supply your NAME, SSAN and the period of time that you are looking for.
 
2.  Mailing address
 
3.  Telephone number(s)
 
You can ONLY request this information VIA FAX, however, they will actually call you 
should they have questions.  For me, I faxed my request, they called me and I was again 
called today asking for my mailing address, as I forgot to provide it to them when I 
initially made my request.  This is little office located in the some where in the depths 
of the vast DFAS building, and my dealings with these folks have been 100%.  I has to be 
an effort to search thru ton of file just to find a few vouchers,  sort of like the 
"needle in the hay stack.!"
 
THE NUMBER TO FAX THIS INFORMATION TO IS:      317- 519 -1120   THE PEOPLE THAT I DEALT 
WITH WAS MR.  DALE OR MR. MCMILLAN
 
THE REALLY HOPE THAT THIS WILL BE USEFUL INFORMATION TO OUR BROTHERS THAT ARE IN NEED OF 
INFORMATION SO THAT THEY CAN DEAL WITH THE VA.
 
WAYNE
=====================================================================================
Hi Wayne,
 
Good deal.
 
I can (kinda) understand why they work the way they do, ie, workload.
 
Many servicemen, active and veteran, making demands on their time.
 
The same sort of thing goes on in St. Louis at the National Archive.
 
Imho, the steps Jimmy Rogers shouldn't have been necessary.
Everyone in the military (and V.A.) should know what "CZ" means
and concede having been in Vietnam.
 
My (funny) AMVETS rep was playing a game with me another time
where he said "Thailand (personnel) got "CZ" too."  I said "What
have you been smokin?"
 
As I explained to John on the phone, I don't care for his demeanor,
attitude and someday I hope to return the favor on the "Piss Poor"
VSO Section of the website with a (cronological) DETAILED, blow
by blow example of what he put me through.
 
-- one day, I walked in his office and what does he read to me?
The press release for presumptive and diabetes.  I said  "What's
that for?"  He said  ".. I just wanted you to know .."  "KNOW WHAT?!"
 
I don't trust him at all.
 
He is going to wish he never met me.  I'm saving my "best" for AFTER
my VBA hearing, just to see how he reacts; what he says because I
will be ready for any "back stabbin" moves on his part.
 
I'll post this DFAS info in a cross-linked place so that guys needing
records can go there and fax their needs in.  I'll have to see if they
have a website too.
 
Franco
 
p.s.  I STILL don't think you need to bother with them because there
was only one place in the Vietnam era soldiers were tax exempt for
and that is Vietnam, CZ.
 
p.p.s.  John -- did you say you needed your record(s)?
=====================================================================================
GOT YA, AND MY TIME WILL ALSO COME!  ONE INTERESTING POINT ABOUT MY CASE IS (I AM AT 
THIS MOMENT WRITING A STATEMENT) THAT I HAVE 12 MONTHS OF LES's AND OF  6 MONTHS  IT 
CLEARLY SHOWS.. CZ, HOSTILE FIRE PAY AND TAX EXEMPTION.  I JUST CANNOT INAGINE WHAT 
MORE VA WILL NEED???  IN MY STATEMENT I WRITE '  IAM POINTIN OUT THAT I HAVE ENCLOSED 
12 MONTHS OF LES' AND FOR 6 MONTHS, I RECIEVED CZ (HOSTILE FIRE PAY)  I only recieved 
this stuff if I actually went to a CZ."  I don't understand where your AMEVT rep is 
coming from with saying that soldiers in thailand got CZ??  My has mentioned something 
to that effect.  well, what the fuck does "Hostile fire Pay"  mean??
 
Have a great day!
 
Wayne
=====================================================================================
Wayne (and John,)
 
In your preparation, please spend some time to follow
the various links to CFRs, USCs, and case studies.
 
Your evidence WOULD be significant in the pre-2000
adjudication of claims IF "well-grounded" evidence was
a requirement.
 
Please, please keep in mind that you have to understand
that you are, for the most part, talking with incompetent
V.A. staffers AND VSOs.  They talk as if it was still law.
IT WAS ELIMINATED!
 
Reason doubt and "Benefit of the Doubt" Doctrine, in favor
of a claimant is the rule of law today where, to quote the
judges desertation:  ".. where there is a balance between
negative and positive elements, they must find in favor of
the veteran."  That isn't the EXACT words, but how you
should remember it (1) and (2) realize that when you speak,
provide testimony or statements in your claim, they hold
the weight of evidence.
 
For instance, John told me that he has a pay voucher that
had "CZ", but that it said something about "flying OVER Vietnam."
That is disputable because the finance clerk doesn't know you
"from beans" and how you arrived at your FDP (Final Destination
Point.)  In fact, I told John to still provide it, but I can understand
if he would be nervous or scared to present such a voucher.
 
NOT ME!  I would tell the (finance) clerk "WHAT THE HELL ARE
YOU DOING?!"  "CORRECT THAT!"  But, of course, 35+ years
later you can not.  What John can do is TESTIFY/make a statement
to that affect.
 
Finance clerks make errors (just like personnel clerks.)  I know,
I was BOTH at one time or another in my 10-year army career.
I will write more on that for others to learn from and understand
that my career in the army was both in transit replacement depots
and personnel at the company level and battalion level and hqs
of the Pacific (USARPAC) for payroll computer systems and National
Guard in Hawaii for E-6 Finance Clerk.
 
That's why, Wayne, there has to be a balance between information
provided others and what they may anticipate from these record
depositorys.  Imagine, an old veteran faxing the DFAS only to find
out that there was an annotation on their pay voucher that said
they FLEW OVER Vietnam.  Most veterans would be (right away)
intimidated.
 
Again, "benefit of the doubt," by law (Section 5107) versus
"well-grounded" claim (with evidence.)  They are lucky that
these guys are only going to be paid no more than 10-15 years
of what is left in their life...
 
Now, last night, John was explaining some things that happen
to him with his so-called "county-VSO."  First of all, never heard
of such a thing, but it could be some sort of "free lancer" that
makes a buck off of a little knowledge and having a computer.
 
He humiliated John with unflattering comments of his physical
size, no less in front of his wife.  Would not give him his home
address where he was running his "business" and kept missing
appointments.  He was supposed to meet John's wife today.
John's wife waited over 30 minutes at their restaurant meeting
point, and he never showed up.  He (VSO) demanded consent
forms for doctor releases BEFORE filing the 526.
 
Now, John loses the month of September for retro pay.
 
I told John to call the VSO such as VFW, DAV, AMVETS, etc.
and get a local VSO working in either Dallas to Texarkana.
John knows of another so-called county-VSO and is going
to contact him.  I said "give him a week"  that's it.
 
Make appointments with the VA primary care physican for
medical examinations and document medical opinion for his
claim.   These phase could last from 4-6 months.  I filed
in April 21, 2005 and October 13, 2005 they were asking
about and ordering my VAMC/Long Beach records .. figure.
 
John is going to make a cronological summary of EVERY
step of the way with this "free lancer" so I can write him
up.  A lot of vets may not see it, but at least it will be
keyworded and "spidered" by the search engines for his
county, state, etc. and deserves to be the first "Piss Poor"
VSO.
 
If he calls me (.. he don't want to do that,) I will tell him
he just lost $2,300 for John.  "Are you going to pay him
for your mistake?"  Of course not .. asshole.
 
TAKE CARE!
 
Franco
=====================================================================================
Wayne,
 
>>  I don't understand where your AMEVT rep is coming from with saying that soldiers 
>>   in thailand got CZ?? 
>>  My has mentioned something to that effect.  well, what the fuck does "Hostile 
>>   fire Pay"  mean??
 
He's fuckin with me.  See, with my background knowledge, I would say something like 
this to him:  "YOU SURE YOU ARE IN THE RIGHT JOB?  WOULDN'T YOU RATHER WORK AT BURGER 
KING THAN THIS AIR-CONDITIONED OFFICE?"
 
I kid you not.  I had a 9:00 am appointment with him to file by NOD and proceed with 
a VBA.  I got there 5 minutes early, knocked on his door as I heard him talking with 
someone else inside.  Opening the door, there was another vet and wife.  He yelled 
at me and said I didn't have a 9:00 o'clock appointment and to sit outside til 11:00.  
I paused, and then said I DO have a 9:00 and I will confirm the email, but will come 
back at 11:00.
 
There is no reason to humiliate a veteran -- especially in front of others and he did 
that once before to me in dropping off some documents .. JUST to drop off some documents 
-- not take a minute of his time, AND he (someday) WILL be on the "Piss Poor" VSO 
Section.  Yes, John, my wife was with me too.  She's a little women, humble Laotian 
refugee, and she smiled at him and closed the door for me.
 
.. I just walked away.
 
HE SAID he thought I sat down outside and ran after me when he found out that HE made 
the mistake.  He left two messages on my answering machine, email'd me; I ripped all 
the AMVET references (free advertising) for him off the website.
 
He doesn't answer (all) my email inquiries AND John read the notes about 
"characteristics" of a piss poor VSO (page,) and he may not know it, but he is guilty 
of many of those things.  DON'T CALL THIS ASSHOLE, BECAUSE HE WILL LET IT GO TO 
MACHINE/NEVER GET BACK TO YOU.  If you are not a businessman like me and used to 
follow up or calling people back, you would be left out in the cold.
 
This retired Navy vet, 15-year VSO doesn't show me anything.
 
As I told John, I scored in the top 3% of all army enlisted men, went to artillery 
O.C.S. and rose through the ranks to E-6, bang, bang, bang bang.  We had one 
USARSUPTHAI soldier that beat me, E-6 in 19 months...
 
No.  I'll get him. .. after the hearing.
 
Wayne/John -- IF ANY (IDIOT) TELLS YOU THAT THEY DON'T KNOW WHAT "CZ" MEANS,
TELL'EM OFF .. TO THEIR FACE.
 
John did this guy today and he felt a helluva a lot better (I can tell.)  I asked 
him only one thing, as this dickhead appologized, IS IT TOO LATE FOR HIM TO GET 
YOUR 526 IN TODAY???
 
Franco
=====================================================================================
Hey, Pal, THIS retarded of soldier NEEDS SOME ASSISTANCE.  I am in the process of 
getting my shit together present to my VSO this week, I want to sent the attached 
statement along with my other appeal paperwork, what do you think?  It is not done, 
only in draft thus far, I want to make sure that I am on the right track.  I am not 
going to file under HASS vs. Nickel son, I am going for a direct feet on the ground.  
I cannot see anyway that they can deny me this claim based on the LES's????
 
Let me know what you thing.
 
thanks,
 
Wayne
 
P.S. Send me a telephone number where I CAN CALL YOU IF YOU DON'T MIND, ALSO MY EMAIL 
AT HOME IS  waynet3@comcast.net so if you wish, you can send your tel number there.  
After reading some more shit about you, you could have been one of my star Personnel 
(71H) folks that I trainned.  HA HA
=====================================================================================
4138 Supporting Statement

WAYNE THOMAS BOYD   xxx xx xxxx VA Claim # 27 015 208       1 October 2006

I, Wayne Thomas Boyd, wish to make the following statement in regards to my "Service 
in Vietnam."  I request that VA consider the additional "Official Federal Documentation" 
and this statement, as evidence that I actually went to Vietnam, thus, making me 
eligible under the "Presumptive Service-Connection" for my Type II Diabetes.

As I have mentioned in all of my previous correspondence pertaining to my disability 
request and I will mentioned one last time.  I was not stationed in Vietnam; I was 
actually was stationed in Thailand, HOWEVER, as a result of my official military 
duties(I will explain below) while assigned to Deputy Chief Joint Military Assistance 
and Advisory Group, Thailand (DEPCHJUSMAGTHAI) I TRAVELED to Vietnam on numerous 
occasions. I have attached the most positive official government evidence that 
I believe will show that I was actually in Vietnam during 1972 and 1973 timeframe, 
and it clearly shows that I was in a CZ (Combat Zone) because I received "Hostile 
Fire Pay" and TAX Exemption and the only way that I would have been authorized 
these payments is because of Vietnam Service, as Vietnam was the only official 
location that a War was taking place during this period of time.

Attached are MY JUMPS-Army Leave and Earnings Statement (Forms) dated (1Mar72) which 
were issued to me as my official "Pay Stubs" for the periods of May 1972 to April 1973,  
Upon review of these "Pay Stubs" you will see that I actually  was allowed to recieve
"Hostile Pay" and Tax Exclusion because of being in CZ (Combat Zone).  I also wish to 
point out, I have included nearly one year of "Pay Stubbs" however, I only received 
'Hostile Pay and tax exemption for 4 of those months.  I my mind, this clearly shows 
that I must have traveled to Vietnam or CZ would not have been recorded.  Also, the 
months that I did not travel, I was not authorized any type of payment other than my 
regular pay.

During my tour of duty from May 1972 to April 1973, one of my official duties was to 
perform 'Courier Runs" to the American Embassy in Vientiane, Laos.  (I have already 
provided the VA with my special pass T-5696-72).  When I flew to Laos, I would always 
fly on "Air America" not the Air America we know today!  This was an airline that was 
totally run by the CIA.   The CIA and the American Ambassador were responsible for 
the "Secret War in Laos.  I was a (E5) U.S. Army Personnel (71H)/Administrative 
Specialist (71L) working within the personnel office for this organization.  As 
previously stated, I served in Udorn, Thailand and during my tour I made numerous 
trips to South East Asian (SEA) countries which included Laos, Thailand, Burma, 
Cambodia and Vietnam.  I estimated that during this time I made over 30 to 40 trips 
out of country.  As a result of having to fly with 'Air America" I would hardly ever 
make a direct return to Thailand.  More often than not, the Air America flight would 
make stops in all of the countries that I have already mentioned above, which includes 
Vietnam.  To the best of my knowledge, the trips into the other countries were to 
discharge passengers, load or unload supplies, and to refuel.  Each time the doors were 
opened and in some cases I actually had to get off the plane for some periods that 
exceeded 90 minutes. I know that when we entered Vietnam we usually refueled, thus, 
we put our feet on the ground!  My others duties included going to small air bases 
located in Laos to assist the American Soldiers on the ground with Personnel/
Administrative matters.  I have traveled to locations within the SEA countries that 
I could not possibly recall, however, I do remember being in Vietnam,
=====================================================================================
Hi Wayne,
 
The two attachments that you sent me, one being from March, 2005 (NOD)
and the other one representing what you want to attach to your 2138 in
support of your claim for "service in Vietnam."
 
The formal statement isn't exactly how I would write it, but that is why
it is suitable for you.  It has to be in your own words and gets the points
of the issue at hand across.
 
So, you will submit the 2138 with "Attached formal statement" and
"attached pay stubs, periods xxx, 1972, etc." (using the 2138 like a
cover sheet.)
 
re:  Haas v. Nicholson
 
A simple statement/paragraph in your above formal statement that
says something like this:  "Please see my DD214 for award of the
Vietnam Service Medal too."  That statement, in itself, is adequate
for "class inclusion" -- just like a class action lawsuit where you will
be included, ie, presumptive of Haas ruling, but more than that, a
(old) form of evidence for "service in Vietnam."
 
FYI, my AMVETS rep filed and prepared my NOD.  I did not do
anything -- even sign the paper.
 
The only thing that I did is fill out the 2138 and attachments.
 
You can call me at (702) 363-3290.
 
Franco  
=====================================================================================
Franco, attached is my finished product.  Yes, I plan to utilize the  VA form as 
the cover sheet and attached statement, orders, DD 214s, doctors letters and all 
that shit.    I had attached my DD 214 to another 2138 citing the VSM and the RVN 
campaign Medal and asked that it be considered for evidence as Vietnam service.  I 
also took your recommendation and added it into my formal statement.  I will call 
you tomorrow if you will be available.
regards,
 
Wayne
=====================================================================================
    Attached Statement - Page 1  Page 2
=====================================================================================
Looking good, Wayne.
 
I have a 9:30 am PST appointment at the VA myself.
 
I should be home around 10:30-11:00 am.
 
Franco
=====================================================================================
Sure, Wayne.
 
You don't have to ask.  That's why I publish that information and more.
 
I am a little confused.  I have heard (direct from a V.A. social worker)
that a or POWs were given a hard time.  THIS I've got to see myself,
first hand.
 
BTW, don't forget the 2-1 and if possible, the AR (of the period) related
to the award of same (the combat service bar.)
 
Franco
----- Original Message ----- 
From: Boyd, Wayne Mr USAG/DPW 
To: 'Franco Picchione' 
Sent: Tuesday, October 10, 2006 7:18 AM
Subject: Question


Franco:  Hope that you are well.  i have been busy as hell around the house 
doing the "Honey do this and that shit."  Hey, I have a former employ/friend 
that reside there in LV, i spoke to him last night and he was telling me that 
he was having trouble in filing a claim there.  says he feels like he is getting 
the run around!  Would it be okay to give him you tel #?  MAYBE YOU CAN GIVE HIM 
SOME DIRECTION.  He was in Nam 3 times and is trying to file a claim.
 
Thanks,
 
Wayne
=====================================================================================
Okay, Wayne, calm down.
 
The only LESs you want/need are those for the period(s) that have CZ on them.
You don't need (surrounding) pay periods, just the CZ ones.
 
You have one, two of them that are true originals?
 
You have a "set" that is faxed over to you?  Is this set somehow marked
coming from FA&O/Devens?  In other words, markings on the fax to, in a
way, certify them.
 
Good work on researching this.  I suggest you don't alarm them and tip
them off to what/why you are doing.  I'm sure they get the drift, but it
would be easier to determine having those LESs with CZ and they say
they don't.
 
I thought you had the AR already.  NBD.  It is just nice to document
the situation.  In your case, I would definitely go forward with your
2-1 as is because everyone involved should understand that the award
of same is another way of substantiating your presence in the CZ.
 
Franco
----- Original Message ----- 
From: Boyd, Wayne Mr USAG/DPW 
To: 'Franco Picchione' 
Sent: Wednesday, October 11, 2006 5:30 AM
Subject: RE: Question


Franco:  Hope that you get better!  Getting old and being in bad health 
really sucks for sure.
 
Okay, here is the deal.  I have copies of my LESs, I had a soldier from 
the Fort Devens FA&O get them for me from Ft Ben in the late 70s early 80's, 
they were faxed to him.  Many years ago I figured that I should have copies 
of these LESs because one never knows when shit like that will be needed...Talk 
about foresight!!  I have since found one or two green/white copies of the 
LESs which are in fact a true original, however, it is in poor shape, but I 
have all my copies from May 72 to May 73.
 
Yes, you may publish, however, wait!!  I have a discussion with another retired 
(retarded) Army friend last night, he was also in personnel.  There maybe two 
records on me, yep, I had a break in the service and the copies that were sent 
to me have all of my prior service LESs, one copy from  1972 and my last pay 
in 1988.  So, I am actually missing nearly all of my LES for the 70's and 80's.  
I will send out another request today to  explain the break in service and ask 
if there may possibly be another file one me.  If they come back and tell me that 
is all that they have, I AM REALLY GOING TO BEIEVE THAT SOMETHING IS WRONG!!!!  
The file for the 72 -73 timeframe was there, they have the file back to the 1966 
time, where the hell have they gone??  I really hate to think that they pulled LESs 
for soldiers that had CZ on them.  Maybe just the break in the service thing??  As 
I said, I will send out another request today, I will let you know what they say.
 
I am still trying to get a copy of AR 670-1 that governs the issue of the OSR for 
the 70's, I have a recent one but that is not good enough. I get it to you ASAP.
 
Regards,
 
Wayne

=====================================================================================

   END OF EMAIL PAPER TRAIL

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