In this classified report are several references to the use of herbicides in Thailand from 1968 to 1972 at U.S. military installations and to rules of engagement (ROE.)

I am making a Freedom of Information Act request under Title 5 U.S.C. 552 for, at minimum, the Chapter II Rules of Engagement section on Pg-31 of the above report, "Base Defense in Thailand," USAF CHECO Report Series.

I am attempting to "connect the dots" concerning the use of herbicides in Thailand as it pertains to the (a) request for use and (b) approval from the agency given authority, eg, US Embassy.

I want to take a moment to thank you for the initial release extraction of this report. This extract, in itself, is adequate for substantiating a veteran's claim of exposure to herbicides under the law in "direct causation" provisions.

In publishing the extract release of the report in October, 2007 for other veterans and the general public, I wish to thank your department for producing pertinent information for Thailand veterans' disability claims. As you may know, many claims have been denied due to the lack of well-grounded evidence to substantiate their claim and have suffered financial hardship and/or died because of their related service connected medical condition.

Members of Congress today, specifically Representative Robert Filner and my Senator John Ensign on the Senate's oversight committee for Veterans Affairs are watching out for all veterans as I brought this matter to their attention to correct an injustice for this class of veterans, Thailand service.

Ironically, we are living in a time when abuse of the use of these herbicides is being uncovered from Hawaii and Alaska to Canada and of course, during the Vietnam war in many areas of Asia that the DOD List, a document that the VA uses in adjudication or appeal by claimants and denying them disability benefits because Thailand is not included or found as in this air force report without either legal justification or foundation.

On 11 Oct 07, 6:00 am PST, I have notified the contractor in Virginia responsible for updating this (DOD) list and my follow-ups have gone unanswered.

That is okay as long as I am documented the paper trail cronologically and expect to have a hearing before the House and Senate in Congress sometime next year to cease such disgraceful conduct by an agency given responsibility for our medical healthcare and administration of our disability benefits, ie, "fox guarding the hen house."

I understand that with Mr. ---- -------'s original FOIA request that it was forwarded for declassification review to the AFOSI, Air Force Office of Security Investigation. I would also like to obtain any more pages of this report above and beyond that which I am requesting here.

Question - in so much as the normal review cycle for all air force documents is 7 years, could you explain why this particular report prepared 35 years ago; covering a period 40 years ago has not been declassified in whole?

Is any of the work documents referenced in the footnotes also available for release?

Under the Guide to FOIA exemptions, (b)(7)(B) applies to both my disability claim as well as that of thousands of other Thailand veterans, in order to be given an "impartial adjudication" or in my case appeal as the VA has ignored official army pay voucher document submitted with my claim indicating "CZ" for tax exemption for combat zone. Vietnam is the only location during the war era given authority for such (tax) exemption.

To further deny me due process, the next step which is supposed to be an administrative review meeting, ie, DRO, again ignored this document/evidence and chose to make a statement as to the foundation I built upon for other legal precedence for such financial documents of an official nature were not reviewed until heard before the court of appeal. It seems the VA needs more reform than VCAA/2000 by President Clinton provided. The agency seems to follow a policy of picking and choosing which rulings it will follow, create an environment of unlawful stays, and acknowledge.

You may not be familiar with the Haas and Ribaudo rulings which were both in favor of veterans holding or awarded the Vietnam Service Medal and/or served offshore without the agency promulgation of the intent of the law for "stepping foot in Vietnam" whether for such duty as service or visitation. But, when the VA can not prevail, it uses the court system to further deny such disability benefits to hundreds of thousands of veterans (as estimated by the Secretary of the VA himself; documented in the Ribaudo ruling,) And, when the VA feels that it will not prevail in the courts, even after protracted delays to financially needy and medically disabled veterans, a recent attempt to perform an "end run" for the White House/Executive Branch law amendment introduced by Senator Akaka of Hawaii to committee occurred. To date, no action on such frivolous attempt to amend the existing law has been made and it seems that it will die, where it should, in committee.

The VA abuses its authority every day. Congress has given them the freedom of acting without penalty. That is, a claimant is only entitled to retro pay from the date of filing and not monetary penalties or interest as we are all accountable for with the IRS.

The "formal harrassment" is typical of a major bureacracy out of control. As a by product of this abuse of due process, we will never know just how many veterans become intimidated and quit their rights to disability compensation, or die, or leave their widow and/or family with horrific debt after their death.

That is why a full investigation by the United States Congress is merited.

You will find a copy of this correspondence on my advocacy website for all to read and learn more about the blatant national disgrace of this agency. I receive more and more phone calls from other veterans thanking me for publishing same. I get great pleasure in knowing that I can also help others and help myself.

Again, thank you for your support. I don't know what we would do if there wasn't a conflict or war going on today. Representative Filner already wants to address this problem in two parts: (a) Vietnam veterans with a swifter "benefit of the doubt" approach and (b) with the technology today and reviews of transition from DOD/VA, electronic files and supposedly awareness of the mistakes made in prior veteran generations, produce a system that takes a soldier from the field of battle, to predischarge rehabilitation to award of a proper rating and adjudication as soon as possible, preferably at the time of discharge.

Sincerely yours,

Francis J. Picchione