Help us identify "piss poor" VSO officers..

    As more veterans call me, and I research how to assist them, I come up with more tips and ideas that will benefit other veterans.

    The first thing is to never give the V.A. a reason for delaying your claim filed.     Now, you are saying to yourself:   "Does 'ole Franco have rocks upstairs -- why in the world would I want to (purposely) create a delay in my paperwork?"     See also Claim Supporting Documents.

Answer:   you do that (create a delay) by whom you choose to represent your interest.

    That is why the above new section for identifying "Piss Poor VSOs."     They are out there; they will mess up a wet dream and should be working at Burger King (along with their V.A. reviewer-counterparts.)

Legal Counsel for your VA Claim

From Larry Scott's "VA Watchdog dot-org,"
You will read Larry Scott's Tips *   More Tips
* Tip No. 6 about moi, the Company Clerk
Then you will bookmark Larry's Key Links
and review his How to File a Claim Section.
Vet Advocate Jim Strickland's Articles

Larry Scott **   (Click on photo to email Larry)                               ** Franco is prettier .. younger .. stronger ..

Questions to Ask a prospective VSO/representative

1)   Do they have a check-list for you, a form of orientation?

Keeping in mind that you approached such a representative because you knew that you needed help, professional help (so to speak.)     Furthermore, they are supposed to be trained; certified and therefore, someone that you could depend on.

2)   How long have they been doing this type of work?

Now, this (in itself) is no guarantee that you are going to find a representative that is both competent and organized.     It seems that there are a lot of such VSOs that don't learn from their mistakes (remind you of anyone?)

3)   Consideration ..

That's right.     Does the VSO assist you in such a way that makes you feel comfortable.     I can't tell you how much it makes me feel good when veterans want me to represent them, but I can't.     I'm not certified.     I'm just a systems analyst, often referred to as an "efficienty expert."     Filing your claim for you and if I ever messed it up for you, I could never forgive myself.

Now, for some common mistakes that I have found in my VSO and the cronological mistakes that will benefit you:

a)   Proper filing with all your injuries and conditions noted.

This is a very serious mistake -- not one that you (subconsciously) make, but the VSO handiling your claim.     They may deny responsibility, but isn't it true that you came to them -- not vice versa?

I filed in April, 2005.     November, 2005, the V.A. is asking for more information on my secondary conditions, eg, chronic kidney failure.     Inquiring with my representative for the entire month of November, no response on what to file next, call the VA-800 number for assistance, and bring the forms and statements into my rep office only to be told that "he would like his name on the cover statement."     Fine.     Go home, revise, make copies and return a hour later to find him (the rep) gone for the day.

Leave a flat envelope under his door; expecting him to sign the form and get the secondary condition documents in, including a physician's medical opinion.     To this date, such documents have not been listed on any official response from the RO except the rep says:   "It's in your C-File."   (..referring to my confidential file.)     Have any of you been there already?

b)   Sign all your forms and statements and dot all i's ..

Ridiculous?     It happened to me and of course, caused an unnecessary delay.     I filled out a consent form, unnecessary for VAMC/Long Beach, listing all the physicians, VA physicians, VA Medical Records, and handed it back to my rep.     What did he do with it?     Filed it, but did not take any action because he noted that I did not sign it.     Did he call me to come right back to his office?   No.

Now, when did the RO respond to this error?     October .. six months later.

(I don't know which is more of a pain in the ass:   an incompetent VSO or the VA RO.)

Haas v. Nicholson .. and, the Secretary excuse for remand ..

Oh, it happens and is prevalent in the Kangaroo Court, aka VBA.

E. Consideration of Direct and Secondary Service Connection

    "The Secretary has conceded that a remand is warranted because the Board failed to evaluate the appellant's claim under direct service connection principles."

Follow the links and if your browser does not link you properly, try this this indirect link and click again.

The vet that triggered these tips was really getting a "snow job" by a useless, piece-of-shit VSO/VA agent.

    Don't let it happen to you.     Again, run like hell!

Reform/elimination of VSO System advocated.

    As an (independent) advocate for veterans, I can assure you that I will report every incident worthy of advising other veterans as to VSO conduct, no matter who gets hurt, except the vet.

Our wounded ..

[those] wounded in battle
and
those sick because of service-connection ..

Soldier's Creed -   "No one is left behind"
And, we expect DOD/VA to do likewise ..
   

    Many of you may have your first contact to a VSO agent by phone.     That's fine.     Now, if he says anything that sounds like this, say "Thank you, no thanks."

  1)   Get your things together then file your claim.

Wrong.     Get the claim filed ("526") and then any medical consent forms and you will be assigned a claim file no. and once your claim is granted, months later (years later,) you will get retropay!

2)   If the agent doesn't know what a "526" is, run.

3)   If he doesn't know what a consent form ("2142") is, run.

Thailand U.S. Army Major Commands
  9th Log Command       U.S. Army Support, Thailand
PCS Intransit/Emergency Leave Veterans of other S.E.A. locations (enroute via Vietnam stop)

a)   Complete a "2138" Statement of Support of Claim indicating info on your stop in Vietnam.

Agent doesn't know about a 2138, (you got it..) run.

b)   Check your military pay vouchers for CZ ("combat zone") tax exemption for pay period intransit.

c)   You may have taken a photo at the Ton Son Khnut Terminal, the plane, barracks -- get it.

d)   Military aircraft, going towards CONUS may make stops in Da Nang vs. Ton Son Khnut.

Summary on Filing an initial Claim

1)   All VAMC medical records including your active duty Service Medical Records (SMR) will be handled completely by the V.A.     It is not your responsibility to get them.     (Las Vegas has some retarded V.A. agents that from April to October did nothing to get my VAMC/Long Beach MRs.     Get used to working with incompetent staffers, and your blood pressure will remain within range.)

2)   File the Claim ("526") indicating your medical condition and dates of service and provide the original DD214 which the VSO agent should certify (copy) and return the original to you.

3)   Medical Consent Form(s) for every private medical facility, eg, hospital or physician and the associated dates for medical treatment; pharmaceutical presciptions prescribed (got the picture?)

Note:   Most veteran disability claims relates to current medical condition that was either aggravated by or a result of military service on active duty.     Exposure to herbicide cases have a long list of primary diseases and you will want a medical opinion provided by a medical physician that has either treated you or examined you.

If the agent you have selected, or feel is right for you, doesn't explain things at least to this level, I suggest you work with someone else.     The V.A. pays these VSOs for the administrative duties; so, it isn't any "free lunch" all around.

DD214 for Vietnam Era Veterans (AFEM/VSM Award)

If you DD214 does not have either the Armed Forces Expeditionay Medal (AFEM) S.E.A. periods * or award of the Vietnam Service Medal (VSM,) your VSO will have to assist you in applying for that as soon as possible to amend your DD214.     It is not an issue to delay filing, again $$$.

* If not in S.E.A. for those dates (and specific locations,) then you would apply for the VSM (Vietnam Service Medal.)

Military records are maintained by people just like me; assigned to post information to your records as need be and mistakes are prevalent.     Records have been lost in St. Louis at the National Achive Center or Repository (burned/destroyed) and for Vietnam Era Veterans, that really isn't a major issue as President Clinton changed the law for the V.A. agency in adjudicating disability claims and a new doctrine referred to as "benefit of the doubt."     This law eliminated the need for a "well-grounded" claim with sufficient evidence to support your claim.

Many old V.A. adjudicators are incompetent and my experience is that they seem to follow the old guidelines (versus "reason doubt" in favor of the claimant/veteran" which simply does one thing:   creates a ridiculous back log for the V.A. Board of Appeal (idiots.)

Plan a strategy based upon your initial claim being denied, overturned in either a (sensible) review or before the VBA Court.     Under the current Secretary and certainly prior ones, the V.A. has been allowed to screw with Veterans, veterans that became depressed and did not follow thru with any appeal, and saved the government millions of dollars; all at veterans' expense.

I don't expect things to change anytime very soon.     There is hope if our Congress passes legislation for veterans to have access to legal counsel versus the current system of VSOs.     That's right.     I am against these "power of attorney" lawyers that in my professional opinion have a serious conflict of interest with the agency.

Typical Scenerio

    When you enter the military (service,) you are (by law) presumed to be of sound body.     That means that any pre-existing medical condition you had, prior to military service, is considered to me in remission or absent and if it later complicates your health condition, post military for instance, it would be a condition aggravated by your military service; supported by a independent medical opinion of a medical physician whether VA staffer or private practice physician.

    Therefore, the key is a supporting statement, ie, medical opinion of an expert, a medical physician that has examined you and affirms your findings of aggravation, for instance.

  VAMC or VA Medical Records ..
    V.A. Reviewer Guidelines

    It is the responsibility of the V.A. to obtain all department records key to your disability claim such as, oh .. your (freakin) medical records.     Now, I have been in the system for some 14 years, ASSUMED that everything they needed to know, eg, dates, physicians, consults, progress notes, hospitalization was all there .. wrong.

You are dealing with an incompetent agency ..

    Once I sit down, after I get my $50,000 in retro pay, I will tell a story that will "burn their ears."     If I was hired to audit even the Nevada/Reno RO, heads would be fired.     But, for now, I will have to be satisfied with these notes.

CFR Regs on disability conditions and presumptive service connection.

    The first (major) hurdle in your filing is the condition, disease; injury that provides a link for everything else, ie, secondary conditions.     See 2138 for all my secondary conditions.

    By the way, if your VSO that you are contemplating on using for your claim does not know any of this stuff, explain same to you in a manner that you can easily grasp the legal issues,   RUN LIKE HELL -- DON'T LOOK BACK!

Diabetics ..

    Besides prostate cancer, the largest group of victims of exposure to herbicides during the Vietnam era are diabetics.     To insure (emphasis) that you are not offended by my remarks in name-calling the agency as incompetent, at one time, the V.A. denied diabetic claims because they said ".. [you] had Type I."     Well, that is completely ridiculous and like the 3-judge panel in the Haas ruling, identified the agency as "beyond their expertise."     .. imagine the "recall" on that one.

    Now, if you are similar to my disabilities (a diabetic,) you will have some major complications all over your body.     (I hope you were sitting down when you read that.)     See a good source and list of secondary conditions for diabetics.


  Hypertension ..

Reg quote - "Cardiovascular-renal disease, including hypertension. (This term applies to combination involvement of the type of arterio- sclerosis, nephritis, and organic heart disease, and since hypertension is an early symptom long preceding the development of those diseases in their more obvious forms, a disabling hypertension within the 1-year period will be given the same benefit of service connection as any of the chronic diseases listed.) .. in the list (Diabetes mellitus.)"

Source link

Translation:   you will have symptoms of (for instance) chronic kidney failure preceded by blockage and hypertension.     That's a fact/Jack.     And, therefore the legitimate statement, above, of "[more] obvious forms."

    Until the agency grows a "backbone," it will continue to be administered by those with very little regard for those they serve, the veterans.     Their legal counsel will continue to draw up regulations with statements like above aimed at an attempt to not make admissions to secondary conditions of such diseases as diabetes.

    Read carefully the body of the medical opinion where the physician "connects" diabetes with hypertension.     A layman's review of my medical file and the references to chronic hypertension and kidney failure is obvious.     The symptom preceded the final collapse and any (private) physician would spell that out.

    When your car needs a tune-up, it is preceded by symptoms.     Symptoms of spark plug misfires, rough idling and sometimes smoke.     Hypertension certainly is a symptom of other medical conditions in their "obvious" form, enstage kidney failure.     The kidney function breaks down, you have blockage and than associated rise in blood pressure.     Hypertension is a complication (symptom) of other disorders in our body.

    When the agency is caught with their "pants down," literally, they hide behind a shield of medical ignorance and lawyers.     They are cowards for the sake of a government that does not want to serve or provide for those that served our country well.     No matter what conflict they served in, their names should be amongst those that died as a result same, ie, KIA.     It is a disgrace.

.. with poor glucose control, a diabetic can go blind   (85% of smokers do.)     Poor lower extremity or upper extremity can lead to amputation(s).     Toe ulcers to major infections and amputation.     Forget your sex life once your body's nervous system has been screwed up by diabetes, yet another disability rating, eg, 10% for erection dysfunction.

    The only good news that I can offer diabetics, unlike cancer, you can live; have a "pass on life."     Your "quality of life" may suck, but you will be compensated to the maximum, ie, 100%; receive a military ID card to utilize military facilities, etc.
 
Claim Supporting Documents

21-4138           21-4142         VA Forms     Thailand Vet - Legal Precedence Enroute       Word Alone       Word alone - Tahkli Vet
Support Statement - Attached Statement Formal Statement of Recollections Army Pay Voucher CZ	Support Statement - Attached Statement Addtl Formal Statement of Recollections DD214
Army Pay Voucher CZ Jan 68 CZ Taxable Income & Tax Exempt Legal Precedence @ Pay Stub Remarks EM ARR THAILAND 17 JAN 68 EM CZ JAN 68 FDP EFF 17 JAN 68 Legend: CZ = Combat Zone (Vietnam) EM = Enlisted Member ARR = Arrived FDP = Final Destination Point EFF = Effective	DD214 w/Award of VSM See VSM * Update (15 Sep 06) and Haas v. Nicholson (16 Aug 06)
Secondary Condtion Support Statement	Physician Medical Opinion Progress Note Claimant     Zoom in Body
Consent Form for private hospital treatment outside V.A. Healthcare	2142 Consent Form (Backside) All medical records and treatments at V.A. Healthcare Facilities do not require consent form.

DFAS Info       See Pay Stub Debacle, Pay Stub Citings, Claim Supporting Documents;   DA 1239   (Army)     "The veteran stated that on that trip in March 1966, his plane landed in Vietnam prior to arriving in Thailand.     He said that when he filed his travel voucher for that trip, he was told not to indicate that he landed in Vietnam.     He believed because of problems regarding combat pay."     re:   Citation Nr: 0432164 Another Veteran       (Note that Franco was an E-6 Finance Clerk w/Hawaii Army Natl Guard)     I will leave the vet's name annonymous because his pay records had an error.     The veteran stated that his plane landed in Vietnam, received "CZ" for tax exemption that pay period, but the finance clerk that prepared his pay voucher statement made a simple error stating, to the affect, that he "flew over" Vietnam versus landed there.     This is a simple discrepancy that you should dispute because you and you alone know what happened to you on your transient trip. FAX DFAS for your LES/army pay vouchers with "CZ" ...     The DFAS will do a search to find your pay vouchers that is a form of evidence, actually "well-grounded" basis versus "benefit of the doubt" doctrine, and you should submit any such pay voucher along with your claim in support of and to substantiate a basis of "set foot in Vietnam" provision (which at the publishing is obsolete by the landmark ruling on 16 Aug 06, Haas v. Nicholson.)     INCLUDE IN YOUR FAX 1.     Supply your NAME, SSAN and the period of time that you are looking for. 2.     Mailing address     (any c/o name, etc.) 3.     Telephone number(s)     (Day, work, residence, best time to call) DFAS FAX PHONE NO. is   (317)   519 - 1120 Defense Finance and Accounting Service DFAS-DE/ PMJOA 6760 E Irvington PL. Denver CO 80279-3000 Source Credit:   Wayne T. Boyd, US Army (Retired, 1SG)

VetsPac .. Legacy VSOs

A vet from my old company in Thailand, LT Lee Peters, suggested something that should have been as plain as the (big) nose on my face .. besides "piss poor" VSO Section, one for "good ones" and organizations that have done a good job for him/them.     LT Peters is in his homestate Army National Guard unit and indicated that mobilized National Guardsmen swear by Vietnam Vets Organization and The American Legion "[did] a superb job for me." .. him. <s>

More Background       "I had other friends say to go to the Disabled Vets." - LT

VA CLAIMS ASSISTANCE UPDATE 03:     A recent study by the Institute for Defense Analysis shows that wounded veterans who approach the V.A. without professional assistance receive on average about one-third of the compensation that those who are represented by a lawyer or service organization like the Disabled American Veterans (DAV) get. DAV representative Eric McGinnis said, "That's not surprising at all. If you know the proper vernacular, a few simple phrases, it makes things a lot easier. But you'd be hard-pressed to find a vet who knows exactly the right things to say and do." McGinnis' experience in that arena is both professional and personal. The Army veteran came to work for the DAV after the organization helped him obtain compensation after the VA initially told him he'd get none. "It's a common story," he said. Complicating matters further, is a compensation process that requires veterans to approach the VA, openly advertising their own physical and psychological wounds in order to receive benefits. "These aren't always people who are comfortable advocating for themselves," said McGinnis. Utah State Department of Veterans Affairs Director Terry Schow said it would be nice if the system weren't so adversarial and complex that veterans needed help from outside groups to obtain just compensation for their wounds. "The process is so involved and complicated, that I think it's just wise to do that. And so we encourage everyone to get assistance from a service organization."

    DAV is an organization of disabled veterans who are focused on building better lives for disabled veterans and their families. They accomplish this by providing assistance to veterans, their families, their widowed spouses and their orphans in obtaining benefits and services earned through their military service. The organization is fully funded through its 1.2 million membership dues and public contributions. It is not a government agency and receives no government funds. However, it is the foremost representative of the interests of disabled veterans and before federal, state, and local governments. In 88 offices, 260 National Service Officers (NSOs) and 26 Transition Service Officers (TSOs) directly represent veterans with claims for benefits from the Department of Veterans Affairs and the Department of Defense. NSO/TSO personnel assist in filing claims for VA disability compensation, rehabilitation and education programs, pensions, death benefits, employment and training programs, and many other programs. This service is available to all veterans at no charge. DAV's Voluntary Service Program consists of a transportation network which provides veterans with rides to and from VA medical facilities for treatment, and a program which facilitates volunteers at VA hospitals, clinics, and nursing homes.

    NSO representation covers development and prosecution veterans' claims through in-depth reviews of medical histories in conjunction with sound application of current law and regulations. In representing veterans and their families, NSOs assist in the thorough preparation of claims and written briefs, which includes helping to assemble evidence in support of those claims. They also review rating board decisions and inform veterans and their families of the appeals process and their appellate rights. DAV National Appeal Officers represent the largest percentage of claimants in cases decided by the Board of Veterans Appeals (BVA). They also provide representation before the U.S. Court of Appeals for Veterans Claims through which veterans have the right to independent judicial review of appeals denied by the BVA. Veterans seeking assistance can refer to www.dav.org/veterans/service_office.html to locate an office accessible to them.

[Source:   The Salt Lake Tribune Mathew LaPlante article 13 Aug 07 ++]

Veterans Service Organizations   (VSOs)

Alabama   "Operation Grateful Heart"

Boise -- Idaho Veterans     Boise RO   (Regional Office)

Minnesota Veterans    Congratulations to another vet, supporting vets, in an office of veterans' affairs!     Patti Paulson appointed to position of Legion's rehabilitation director.     "Oh, Patti -- I need to be rehabilitated .. be gentle."

.. I'm a Minnesota vet, I just got lost in the casino looking for the buffet and wound up in Las Vegas!     Nevada .. Las Vegas, Minnesota!     .. come'on now.

Tuscola County VSOs (Minnesota)       Jackson County (Mississippi)

Clinton County   and   Ross County   .. Ohio       Oregon

Texas     Directory   (PDF)     .. How to for Veteran Benefits
.. in the above directory, look for "Veterans County Service Officers", Pg-23
Veterans HOTLINE toll free at 1-800-252-VETS (8387)

Don't see anything listed for your state here?

.. try a Yahoo! search with the following keywords:

    "VSO ARIZONA VETERANS"

ILLINOIS     FLORIDA     OKLAHOMA     CALIFORNIA

STATE BENEFITS FOR VETS

    Many states provide special discounts for their veterans whether your HOR (Home of Record) or current residence.     For instance, in Nevada, you get $100 off your annual DMV fees or property taxes.

CHANGE THE KEYWORDS:   (1) REMOVE "VSO"
AND (2) ADD "BENEFITS" -- [STATE NAME FIRST]

Try this one for California - "CALIFORNIA VETERANS BENEFITS"     Search
.. California has some marvelous State and National Parks, and veterans don't even know what they can get either free or discounted, and for life!

Wedemeyer & Prangley, legal counsel representing veterans' claims
.. a good read.

VSO Info     Directory     Search     WorkWorld Resource

UT Quick Ref     Non Chartered     State/Local     VSO VA Page



The Veterans’ Dream
There's a man over there who fought for us all.
To keep us all free and standing tall.
He dreamed of our country's better tomorrow.
For that he faced evil and braved the sorrow.

There's a woman right there who gave up so much
To protect and defend all the lives she might touch.
She dreamed of a land where her children could thrive.
Free and joyous and fully alive.

Honor the veterans who've taken a stand,
Who suffered and fought to save this great land.
They all had a dream that lived in their heart.
Now it's time for us to do our part.

Never forget them, even those who are gone.
While America stays free,
Their dream lives on.

-- Source:   American Legion - Dept of Nevada  
 

DAV
Claim Help
VSO Guide
More Details Below

The criteria for rating the severity of various disabilities are available online at ..GPO.gov

Stay tuned ..

    Bookmark this page for future reference as it will be updated on a regular basis for more of my story and more stories of other veterans that contact me for assistance.

  Disclaimer:   I can not take on your case,
but I sure the hell can help you!

Franco in Las Vegas     (702) 363-3290  
References:

    CFR Guide       U.S.C. Guide      

Agent Orange (or Herbicides) Exposure during Vietnam Era

Period:   January 9, 1962 to May 7, 1975

See law regarding same @ 38 U.S.C. 1116

V.A. CFRs @ "presumptive service connection" -   CFR 38 Part 3 Sec 307

(Part 3 of V.A. CFRs apply to Adjudication rules and regulations)

And, the list of diseases subject to presumptive are found in Section 309 and
secondary conditions attributed the primary conditions above regulation
is in Section 310   (list for diabetics)

In this day and age, over 30 years after the Vietnam Era, signed into law in 2000 by President Clinton is a new Act directing the V.A. how to administer and assist veteran claimants in the future.     See VCAA/2000 for details.

Benefit of the Doubt Doctrine

    The VCAA/2000 coupled with the doctrine of benefit of the doubt had eliminated the rule of law as to having to present a "well-grounded" claim.

See Sec 5107 of 38 U.S.C. and corresponding V.A. CFR Sec 102 in Part 3.
 

  Haas v. Nicholson

    "Judge rules 16 Aug 06 that the Secretary promulgation of the statue for "service in Vietnam" was unlawfully promulgated to state "set foot in Vietnam" as the standard and therefore limitation of application of the exposure of herbicides."     Landmark Decision; "law of the land" effective 16 Aug 06 with implications of overturning thousands of claim denials over the years.

    15 Sep 06   Award of Vietnam Service Medal (VSM) has been ruled to justify the V.A. concede presumption of exposure to herbicides application.
 
See VSM * Update (15 Sep 06)   and Haas v. Nicholson (16 Aug 06)

"Setting foot in Vietnam sucks .."









* All references to the VSM should be interpretted as interchangeable with the Armed Forces Expeditionary Service Medal (AFEM) as it applies to military service in S.E.A.     AFEM History

See specific dates and S.E.A. locations below:

Vietnam     01 Jul 58 - 03 Jul 65
(AFEM earned for Vietnam service prior to 04 Jul 65 may be exchanged
for Vietnam Service Medal (VSM), but may not revert back to AFEM)

Information for Vietnam Veterans Who Received the Armed Forces Expeditionary Medal (Viet Nam)

Why the Armed Forces Expeditionary Medal (Viet Nam) is Equivalent to the Vietnam Service Medal

re:  Federal Register Index       National Personnel Records Center

Executive Order 11231
Establishing the Vietnam Service Medal

Signed: July 8, 1965 by Lyndon B. Johnson     See 1965 Federal Register
Federal Register page and date: 30 FR 8665; July 9, 1965
Terminal date for receiving the medal was set as March 28, 1973, by the Secretary of Defense in a memo (DOD Instruction 1348.15) dated January 26, 1973. A soldier serving in Vietnam after that date was not eligible for medal

Sec. 3. The Vietnam Service Medal may be awarded posthumously.

The Vietnam Service Medal was awarded to members of the Armed Forces of the United States serving in Vietnam and contiguous waters or air space after July 3, 1965 and before March 28, 1973.

Eligibility Requirements.

(1) General.

    (a) Awarded to all members of the Armed Forces of the United States serving at any time between 4 July 1965 and 28 March 1973 in the area defined under the Armed Forces Expeditionary Medal for Vietnam.

    (b) Awarded to all members of the Armed Forces of the United States in Thailand, Laos or Cambodia or the air space thereover, between 4 Juiy 1965 and 28 March 1973 and serving in direct support of operations in Vietnam.     See USARSUPTHAI Memo.

    (c) Members qualified for the Armed Forces Expeditionary Medal by reason of service between 1 July 1958 and 3 July 1965 (inclusive) in an area for which the Vietnam Service Medal was subsequently authorized shall remain qualified for that medal. Upon application, any such member may be awarded the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal for such service. However, no person shall be entitled to both awards for service in an area for which the Vietnam Service Medal has been authorized.

(2) Specific.

    (a) Personnel Eligible.

    1. Shore Duty. Attached to or regularly serving for 1 or more days with an organization participating in or directly supporting military operations.

    2. Sea Duty. Attached to or regularly serving for 1 or more days aboard a naval vessel directly supporting military operations.

    3. Air Duty. Actual participation as a crew member in 1 or more aerial flights directly supporting military operations.

    4. Temporary Duty. Service for 30 consecutive or 60 nonconsecutive days, except that time limit may be waived for personnel participation in actual combat operations.

    (b) Eligible Vessels, Shore Units and Flights. See enclosure (13) for Coast Guard units having service creditable for the Vietnam Service Medal.

    (c) Limitation of Medal. The medal shall be awarded only for operations for which no other U.S. campaign medal is approved. No person may be issued both Vietnam Service Medal and the Armed Forces Expeditionary Medal for service in Vietnam (see paragraph 14.b. concerning election), and no person shall be entitled to more than one award of the Vietnam Service Medal.

5. Background of E.O.

c. Soldiers receiving the Vietnam Service Medal are authorized to wear a bronze star to indicate each campaign. There are 17 designated campaigns during the period of 15 March 1962 through 28 January 1973. Units which receive campaign credit for any of the campaigns would display a streamer with inscription as shown on the unit's lineage and honors. The designated campaigns are:

Campaign Stars - A Bronze Star 3/16 inch in diameter is authorized on the suspension ribbon and ribbon bar of the Vietnam Service Medal for each of the following campaign.     A Silver Star is substituted for every five (5) Bronze Stars.

I	Vietnam Advisory Campaign	15 Mar 62	07 Mar 65
II	Vietnam Defense Campaign	08 Mar 65	25 Dec 65
III	Vietnamese Counteroffensive Campaign	25 Dec 65	30 Jun 66
IV	Vietnamese Counteroffensive Phase II	01 Jul 66	31 May 67
V	Vietnamese Counteroffensive Phase III	01 Jun 67	29 Jan 68
VI	Tet Counteroffensive	30 Jan 68	01 Apr 68
VII	Vietnamese Counteroffensive Phase IV	02 Apr 68	30 Jun 68
VIII	Vietnamese Counteroffensive Phase V	01 Jul 68	01 Nov 68
IX	Vietnamese Counteroffensive Phase VI	02 Nov 68	22 Feb 69
X	Tet 69/Counteroffensive	23 Feb 69	08 Jun 69
XI	Vietnam, Summer-Fall 1969	09 Jun 69	31 Oct 69
XII	Vietnam, Winter-Spring 1970	01 Nov 69	3o Apr 70
XIII	Sanctuary Counteroffensive	01 May 70	3o Jun 70
XIV	Vietnam Counteroffensive Phase VII	01 Jul 70	30 Jun 71
XV	Consolidation I	01 Jul 71	30 Nov 71
XVI	Consolidation II	01 Dec 71	29 Mar 72
XVII	Vietnam Cease-fire Campaign	30 Mar 72	28 Jan 73

NOTE:     No campaign stars are to be worn on the Armed Forces Expeditionary Medal, since stars on this medal denote participation in more than one authorized area of operations, such as Lebanon, Taiwan) Cuba, etc.

No medals for our
four legged friends ..

But, then again,
what do you expect
from a government
that leaves the fighting to its brave?

 
Republic of Vietnam Campaign Medal



Period of eligibility:     Must have served six months in South Vietnam or six months outside of the geographical limits of South Vietnam but contributing direct combat support to the Republic of Vietnam Armed Forces during such period. The six months required need not be con-secutive. For personnel serving outside the geographical limits of South Vietnam the six months required will be considered fulfilled if such personnel earn the Armed Forces Expeditionary Medal/Vietnam Service Medal, and serve in the eligibility area for these two awards during each of the six months.     See USARSUPTHAI Memo.

See list of the 17 campaigns above.

    Department of Defense Manual of Military Decorations and Awards (DoD 1348.33-M), September 1996, at C6.6, pages 50-52. See United States v. Verdine, 41 C.M.R. 584, 586 (1969) (U.S. Army Court of Military Review takes judicial notice of criteria for award of Vietnam Service Medal).

    It is clear that the Armed Forces Expeditionary Medal (AFEM) for Viet Nam is an equivalent award to the VSM. The AFEM was awarded as a result of a veteran's Vietnam service before the VSM was authorized The interchangeable nature of the AFEM for Viet Nam and the VSM is demonstrated in the Department of Defense's Manual of Military Decorations and Awards, which states that those who received the AFEM for Vietnam service could not also be issued the Vietnam Service Medal. In addition, service members could elect to receive the Vietnam Service Medal instead of the AFEM. However, no Service member may be issued both medals for service in Vietnam.

    C6.5.1.6. Election of the AFEM or Vietnam Service Medal. Service members who earned the AFEM for service in Vietnam between July 1, 1958 and July 3, 1965, may elect to receive the Vietnam Service Medal instead of the AFEM. However, no Service member may be issued both medals for service in Vietnam.

    Department of Defense Manual of Military Decorations and Awards (DoD 1348.33-M), September 1996, at C6.5.1.6., page 50.

    Accordingly, in view of the U.S. Court of Appeals for Veterans Claims decision in Haas v. Nicholson, the receipt of the equivalent award to the Vietnam Service Medal should entitle a veteran to the presumption of service in Vietnam.

    Replacing the AFEM (Viet Nam) with the VSM

    In the event that the VA does not accept that the AFEM (Viet Nam) entitles a veteran to the presumption of service in Vietnam, veterans should attempt to have their AFEM (Viet Nam) changed to a VSM. Please note that the M21-1 provision upheld in Haas does not require receipt of the VSM to qualify for the presumption of Vietnam service, since the M21-1 mandates that the VA Regional Office go to the Navy to verify offshore service if the veteran was not awarded the VSM.

    Advocates can request the National Personnel Records Center (NPRC) replace their client’s AFEM with the VSM. The request can be made “online” using the eVetRecs system, or a Standard Form 180 can be mailed to the NPRC. The following section of the NPRC website provides more details, including where to send the request and what information to include in the request:

    Advocates should be aware that it is not guaranteed that the NPRC or military will replace the AFEM (Viet Nam) with the VSM.

Military Awards and Decorations

Source:   RAO Bulletin   1 Dec 06 via NVLSP, a legal service company.

Editorial Answers to suspected questions:   If you earned the AFEM for Laos, Cambodia, Thailand, or other operations listed below, it seems there has been a decision to limit the scope of this medal award to only "Vietnam."     Therefore, veterans in receipt of this award, eg, AFEM(Thailand) should make every attempt to have the award changed to the VSM to be (class) included in the presumptive application.

Other AFEM awards for other countries in S.E.A. and dates:

Laos     19 Apr 61 - 07 Oct 62

Cambodia     29 Mar 73 - 15 Aug 73

Thailand     29 Mar 73 - 15 Aug 73   (Only in 'Direct Support' of Cambodia)

Operation EAGLE PULL [Cambodia]    11-13 Apr 1975

Operation FREQUENT WIND [Evacuation of Saigon]     29-30 Apr 1975

    AFEM[Vietnam] for reason of service in Vietnam between 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal.    Upon request (unit personnel officer) any such individual may be awarded the VSM instead of the Armed Forces Expeditionary Medal (AFEM.)     In such instances, the Armed Forces Expeditionary will be deleted from the list of authorized medals in personnel records.     No person will be entitled to both awards for Vietnam service.

Notice:   If your miitary service in S.E.A. is not covered by the above AFEM dates, and you do not have the VSM awarded to you (and not annotated on your DD214,) you should take immediate action to apply for the VSM (versus the AFEM.)     Replacement Medals Page.

VSM Criteria     3 July 1965 through 28 March 1973

    There is a companion medal for Vietnam Service that may or may not apply to veterans of other locations, the VCM (Vietnam Campaign Medal.)     It is not an issue or important; only the VSM is required.

USARSUPTHAI Memo for Thailand Personnel   17 July 1968





"Da plane!   Da plane!

.. okay, we've been here for a hour

      let's get the hell out of here!"
 

Who is Franco ..

    Franco was born Francis Joseph Picchione, middle name after my father's older brother; on June 26, 1946 in Brockton,   Massachusetts, the home of Francis Rocco "Rocky" Marciano; growing up a block from Rocky's home on Dover Street and Y.M.C.A. on Main St.

.. a photo journey through time from 1965

    Father Nunzio & Mother Juanita     (Portrait)

"I loved the 12th grade so much, I did it over .."     Class of '64 and '65

'64 Honda 150 in 1965



Yearbook Photo (Class of '65)



Joins the Army @ 16 Nov 66
Ft Dix, New Jersey
Recruit   Pvt Picchione

Firing Range     "Dog Faces of War"
My younger (9/11) brother .. <yeah>

    (Pat Tillman)
Drill Sergeant Jackson     Basic Training Graduation *

Artillery OCS/67   Ft Sill, Oklahoma

Ft Hood, Texas (1967)     PCS to Hood (after Leonard Wood)     Off duty     SP/4

* We had just come out of the field; dirty and only had a chance to wash our faces; put on a Class A jacket with shirt sleeves hanging over our dirty fatigues (still could always make a good tie knot.) <bs>

Assignment:   Legal Clerk, Replacement Detachment 502d Admin Co, 2nd Armor Division (6 mos)

PCS to Thailand (January, 1968)     MAC Flight     Flight Connection     Bangkok

Official Passport     17 Jan 68/Bangkok

    Army ID Card    Thai M/C License


Assignments:   Company Clerk, HHC, 44th Engr Gp (3-4 mos)

Company Clerk, 697th Engr Co (P/L) til Satahip August Deactivation in '69

Personnel Specialist, 538th Engr Battalion until ETS (Jan'70)

Korat (1968) -   On Duty     Off Duty     Memorial for Thai Soldiers   (1995)

Sri Patana         Satahip (1969) -   Class A's     Fatigues     Pineapples! Papaya!

Discharge Orders   10 Jan 70

Notice:   the second serviceman on the above discharge orders was coming from US Army/Hawaii.     The Command (or Hawaii) that I would eventually return to active duty and 3 years later assigned to Hawaii.     Home to Boston, school, Miami, Ft Lewis and then Honolulu.

Assignments:   Returned to active duty in August 1970 after Control Data Inst, Massachusetts

Asst Team Leader, Overseas Replacement Center
Ft Lewis, Washington 18 mos

Recruiting Coordinator
9th Infantry Division 3 mos

Senior Programmer, 9th Infantry Division 3 mos

Programmer/Anaylst, MISO (Payroll Team)
USARPAC/Ft Shafter, Honolulu, Hawaii 5 years
.. also Honor Guard Squad Leader Aug'73 - Sep'74
USARPAC/Ft Shafter, Honolulu, Hawaii
On Duty   (MISO/Payroll Team)

Thayer Academy - Boston (Physics)
Control Data Institute
Burlington, Massachusetts
Ft "Ben" ADP Systems Analysis
Army permission TDY
finish Bachelors Degree full-time.
.. with visiting aunt, Mrs. Vassar
Full-time College Student
Chaminade College of Honolulu
Bachelor of General Studies (Business)
(3.1 gpa/3.5 in Major/Business)
U.S.C. Graduate Studies in Systems
(4.0 gpa/12 units)

Civilian   17 Apr 77 to now in Las Vegas ..     .. GS-12 Govt Rating (San Diego)

  The Wall/DC   West Point Dreamer   .. actually M.I.T.     "Buk Frank"

.. facing Lincoln Memorial     Band of Brothers     Combat Medics - Nurses

Orange County, Calif home   (25 years)     Living (Buddha) Room

Resume:   Director, Tax Accountants Computer Service, Los Angeles 4 mos   (Elvis died..)
.. five years of Hawaii, L.A. smog was too much
Senior Programmer (Photo)
Hawaii Medical Service Assoc, Honolulu 1 year
    .. joined Hawaii Army Natl Guard (Finance Spec)
    .. Audit A/R Systems
Senior Programmer (Corp General Ledger)
Continental Airlines, Los Angeles 1 year
    .. provided HIPO Design Classes for Commercial Div
Programmer/Analyst and Project Leader
McDonnell Douglas, Long Beach 2 years
    .. multi-million dollar aerospace projects
'81 Business Owner / Consultant / Editor / Paralegal
dba/Data Processing Rare Birds   Auto/HR Software
see resume 20 years   clients YMCA *, Honda ** & BET
Orange County, California   (Financial & C/S Systems)
    .. opened Computer School; Thai Restaurant
    .. Part-Time College Instructor w/Coastline Com Col
dba/Shop Las Vegas ®     .. Phoenix Shopper too
Internet Marketing and Advertising     News Media
since 2002 in Las Vegas       * Order Entry/Sales
** @ Honda wrote 3 doz systems, Corporate Mail
Microsoft Solution Provider -   Microsoft/Bangkok '94   .. shaking hands

    Vegas   COMDEX'94 (Microsoft)     COMDEX'98     Foxpro - San Francisco

Can you pick out the boss?   She's the short one (with the bag almost as big..)

Return to Bangkok '84   .. with my son     Aloha     Son   (Open House)     Older

Mentor   "Little People"   (Nong Khai)     Thai Taste Restaurant   (1987)   .. inside

Las Vegas, Nevada .. our new life -- married @ Stratosphere Tower   (2003)

Mesquite     Oasis Hotel     .. ducks     ILX Resorts     Los Abrigados     Joeys

Nong Khan   (Jenny)     Shop LV   Today     Vet Day/2005 w/Major Las Vegas

.. travels @ Sedona, Arizona     Bell Rock     Tara Thai     Thai Food     Mountains

Beautiful Sedona!   Sedona .. Sedona   .. children   .. indians   .. art

    Grand Canyon   The Canyon   Watch your step!   .. cold     The Trail

  Monument Valley     And, our own home in California @ Little Saigon Mall

My Lao Wife     .. again     House Shopping   Cedar City   Portrait   (Don't touch!)

    And, our .. dream home

Jenny and I have traveled extensively in the Southwest and especially the Canyonlands of Southern Utah, Zion National, Bryce Canyon, Canyonlands & National Arches; south to Monument Valley in Arizona and the Grand Canyon (both rims.)     That is a reason for living (central) in Las Vegas with business interest in the Valley of the Sun, Phoenix and Southern California/Los Angeles.