Talk about injustice: No group has done more to protect American values and preserve democracy than the more than 25 million living veterans of the U.S. armed services. Yet as recently as a decade ago, military vets and their families were routinely shut out of the justice system when disagreements arose over the benefits to which they’re entitled.     - Excerpt from "Soldiers of Justice".

Site Map Index       In the News Thailand Veterans Roster   Contact Info This is by no means an official VA website. You get honesty and things you can use here. Legal Disclaimer Notice     Fair Use Notice     VA Bulletin, re:   "Claims Fixers"

Franco Brand Bull If you do not see the Superman logo, you can not be sure whether you have genuine (Franco) bull. Vietnam Facts

Understanding Veteran Benefits     VA Home Loans
Court Docket     Congress Legistlation     Major Links
Articles         Cover-Up Central     Excerpt Links
Official VA Site, articles, b.s., etc.
External Link References
Congressmen supporting Vets
"The performance of the United States
Department of Veterans Affairs
has contributed substantially
to our sense of national shame,"

"[the] VA did not re-examine previous claims from veterans suffering from the ailment,
nor did it pay them retroactive benefits,"

"We would hope that this litigation will now end, that our government will now respect the legal obligations it undertook in the consent decree some 16 years ago, that obstructionist bureaucratic opposition will now cease, and that our veterans will finally receive the benefits
to which they are morally and legally entitled,"
- Judge Stephen Reinhardt wrote in the court's opinion
(9th Circuit Court/San Franciso)

\
Fox guarding the money ... err henhouse!

    Over the past three years that I have been fighting the V.A. for my disability benefits, I have learned a lot about the attitude, need for reform of the broken system and how congress has provided the authority and entrusted the benefits to our veterans by mistake.

    You can not expect an agency based on political appointments (and motivations) to serve the needs of those that served in our military (for all of us.)     It is called the "All-volunteer Army" because we have done away with the draft.     That may be so, but it still does not condone the actions and need to reform and terminate the management level of the existing V.A. agency.

    The V.A. refers to rulings made by the veterans appeal court as "opinions."     Yes, loosely put, they are the opinions of the judges ruling on a veteran's claim," but like the provisions in Title 38 U.S.C. legilated by our Congress, these interpretations of the law become a part of the existing law often referred to as "common law" or "policy."     V.A. policy should be modified based upon all rulings present and in appeal until such time that the ruling is reversed by the Federal District Court.     The behavior of the V.A. entrusted with our financial benefits is a national disgrace.     Selectively, usually those rulings with minimal impact, are followed, but others are unlawfully put on hold (without a formal motion filed with the same court that made the ruling.     Complete disgrace.

Franco Picchione   (702) 363-3290
Advocate for Veterans with special interest for Thailand veterans

For more on this (pitiful) shit, read Air Force Times recent article about "Crap in; crap out ...",
GAO report on VA Claim Backlog due to "inadequate training."     .. fire their sorry asses.

The Spirit of the Soldier
is to live everyday
beyond the call of duty!

Our Creed
is to leave no one behind!

The Soldiers got it right, but their leaders and politicians
couldn't read a history book to save their b#%tt!
On the backs of those that served ..
Vietnam Era Veterans, * a lost generation of warriors ..
using images of soldiers today, a tribute to those before them ...
* Including Thailand veterans, and those with duty in many other posts in Asia. **
** Including offshore Navy personnel.

Duty, Honor & Country ... "The V.A. is denying thousands of Vietnam Era vets their due .. Give me back my health -- and, you can keep your stinkin money!" - Franco (Advocate of Veterans' Justice) "Non sibi"

MILITARY STOLEN VALOR To report suspected fraud involving veterans benefits, other crimes such as Stolen Valor, fraud, waste or mismanagement in the VA, contact the Office of Inspector General Hotline at 1(800) 488-8244 or email at vaoig.hotline@forum.va.gov or write to VA OIG HOTLINE, PO Box 50410, Washington, DC 20091-0410.

If you missed something .. a link .. a photo image
don't cry on my shoulder!
I had a guy call me, ie, "Sawadee, Kahp,"
said he was in my unit,
was sick now; needed some help,
and could I print out a few things for him
(and, of course, mail it to him (flat mail))
I said:   "Sure, in your dreams."
Who was this guy?   He eventually retired
from the army .. a first sergeant???

This guy needs some help .. in more than one way ...
 
Major Links

USC     United States Code (Laws)

Legal Terms         Pro-Bono Services

CFR     Code of Federal Regulations (VA)

Preface - Veterans Board of Appeal (VBA)

FOIA - Freedom of Information Act Offices

DOD     Air Force *     Army     Navy     Marines    

* AFDO (Air Force Declassification Office)
    Sara MacLeod, FOIA Clerk;   Linda Smith, Director

Table of Contents     Veterans Board of Appeal (VBA)

Case Studies     (BVA Rulings)

Filing your Claim     (Read me first)

      Outside Vietnam -   Presumptive Diseases   (Herbicide exposure)

Claim Supporting Documents     Filing

Thailand Vets     .. for equal treatment         Agency in Contempt

Exposure to Herbicides in Thailand   (USAF CHECO Report)

DOD List Fax     Claim Denial   (Based on List)     VA AO Review Article

11 Oct 07 Phone Notification   The Confrontation   (with DOD contractor)

30 Mar 08 .. 6 months later .. VA E-Form   (Question)     Contact VA   (with a Question)

11 Nov 07   Senator John Ensign's Assistance   R-NV     "It's time for arty!"

Affidavits for Intransit Via Vietnam in Support of Claims

Thailand Vets     .. plan for denial (and appeal)         Thailand Vets     .. Trilogy of Hypocrisy

Read First -   VARO/Reno Response

Thailand Vets     .. Chapter 2 -- USAF CHECO Report (Senator Ensign Initiative)

Atrocity of Justice   .. 5 months hence and counting

Case Review (CHECO-based Claim)     District Congressman Rebuttal     Supporting Extract

Re-opened Claim (Denied SC) Olson, Mark

Direct Cause (Outside of Vietnam) vs. Presumptive Law Provisions (Vietnam, ie, tour or visit)

VA Guidelines:     What If I Was Exposed to an Herbicide Outside Vietnam?

Thailand Vets:   Army is a disgrace, ie, disclosure (of use of herbicides in Thailand)

Army .. SECRECY .. Blocking online library to public ...

"Army suggest discontinue counseling.."




Granted Ruling     .. BVA/WACO - Thailand

Granted Ruling     .. BVA/WASH DC - Thailand   (Pay Stub)

Granted Ruling   .. on testimony alone   Part 2 - Winston-Salem, NC

Granted Ruling     .. on testimony alone - Des Moines

Evidence of Service in Vietnam   .. stepping foot in       Mac Flights

Article on Leukemia veterans       Complete Judge's Opinion       VA Lawsuit (Lack of Care)

Diabetes contracted by vaccinations     Research on Navy Personnel
 
Your Rights to Appeal   VA Form 4107    Page 1     Page 2




Class Action Lawsuits

Veterans For Common Sense and Veterans United For Truth, Inc.

A veteran of in-the-trenches pro bono work 1-800-545-4950 Local - (630) 255-2090 Naperville, Illinois Claim Denied - Contact us @ Appeal No charge to veteran Rating Adjudication Concentrated Area of Expertise - U.S. Court of Appeals for Veterans Claims * Washington, D.C. * [After] Denial at Veterans Board of Appeal P.O. Box 894   Naperville, IL 60566-0894   2212 River Woods Dr   Naperville

 
Articles    

Legal Counsel     Veterans Board of Appeal (VBA)

"Soldiers of Justice"       Veterans' Articles and Comments

Official VA Help Line Report

Las Vegas Town Hall Meeting
  with VA OIF/OEF Panel
"Every Vet should be represented by a lawyer." - Franco
 

Wounded Warriors facing a battle on the homefront "[your srapnel injuries] are not service connected." Official VA notice letter physically has signature of signee cut out of paper; mailed. The documentary reveals the "service" those that served gets when they come home a casualty of war and the dispicable 62-year old (excuse) disability rating system the VA uses. Note:   the above wounded Marine received less than 100% disability rating initially. Source:   CNN Documentary Nov 17, 2007, "Waging War against the VA"

'They're stalling me until I die'	John Atkins, who has late-stage leukemia, fights his last battle -- paperwork In defense of the V.A.
At some point, Atkins enlisted the help of Sen. Smith to light a fire under the VA. On March 14, Smith received a letter from Gerard F. Lorang, then-director of the VA regional office in Portland, about Atkins' claim. Noting that Atkins' cancer is terminal, Lorang told Smith that Atkins' claim would be expedited. Lorang has since retired, and Atkins has yet to receive any money.

Bulletin:   Senator Akaka introduces legislation to amend the law on presumptive exposure during the Vietnam War in favor of the V.A. to affectively void this 9th Circuit and other Board of Veterans Appeal Court rulings favoring veterans, eg, Haas, affecting the disability rights of 832,000 vets (denied.)     Pending Senate Floor vote (to be published in its entirety later.)     Details     The V.A. couldn't win thru the courts, so they get a "friend" in Congress to legislate what they need to screw the vet. For a Senator that is supposed to serve his constituents interest, he sure has a funny way of doing it. The main island of Oahu probably has more Navy personnel than anywhere else in the United States and the world.

“Personality Disorder": A Deliberate Misdiagnosis To Avoid Veterans’ Health Care Costs!

And from VA Watchdog Hall of Shame,   "THE VA'S BIG LIE - PTSD IS CURABLE"
 
Excerpt Links

Wall of Shame   Hall of Shame     Images of Soldiering

Toxin Contamination of Groundwater Table

Preparing for Congressional Hearing

Haas Ruling     Vietnam Era Class Action

Ruling Background
    "It's all about the money!"

May 8, 2008 - Haas ruling overturned
  at District Court   .. (politically) predictable.

Akaka Legislation v. Haas Court Ruling for Offshore Navy Personnel
- the "Bluewater Navy"

Ribaudo Ruling     On Petition for Extraordinary Relief w/memorandum rescinded *

Ribaudo Order     On Petition plus VA Injunction
  and Appeals move forward w/Haas     NVLSP Info

Stay Instructions     Distributed to all Regional Offices

VA Unlawful Stay     Distributed to all Regional Offices

* VA Unlawful Stay     Memorandum

  Government Cover Up's and the Scandals
  Okinawa 1998 BVA Ruling Cover-Up     Panama
  Anderson AFB/Guam Ruling     Alaska     Canada
  News Articles   Air Force Reports .. more cover up's

.. for every real war hero,
    there is at least 2 or 3 "wannabe's"   *

*   I didn't say he wasn't a vet.     .. just not a war hero.

Leave it to the State of Florida to jail a vet with serious insecurity issues.
 
Cover-Up Central     U.S. Veteran Dispatch Staff Report - November 1990 Issue

R&R in Thailand for Vietnam Personnel       Mac Flight Data     .. sample sheet

Mac Flight Data Wanted     .. circumstantial evidence

Who is Franco     .. Michael Moore's skinny counter-part .. almost .. skinny


Official VA Site and other Official Records Sites

  Geographic Means Test (GMT) Income Thresholds Table Index

  News Reports         Other VA Links     .. on adjudication, etc.

Correcting Military Service Records and Discharges

DFAS Info     .. Finance Records *       Selecting a VSO     .. emphasis on competence

How to Request Military Service Records or Prove Military Service

* Thailand Vets -- your pay voucher can prove you were in Vietnam
with "CZ" combat zone tax exempt annotation on the pay voucher
(for appropriate period, eg, January, 1968.)     "EM CZ JAN 68"

 
External Link References

Larry Scott VA Watchdog Website What promise to veterans? Are widows/survivors forgotten?	Jim Strickland Vet Advocate Articles	Update Log National Veterans Legal Service Program Attorney Fees     38 USC 5904     38 USC 5905 UDM Project SALUTE University of Detroit Mercy Law School Pro-bono Legal Services available anywhere
RAO BI-MONTHLY BULLETINS       VA Healthcare System   (Report Card) Lt. James "EMO" Tichacek, USN (Ret) Director, Retiree Assistance Office U.S. Embassy Warden & IRS VITA Baguio City RP PSC 517 Box RCB, FPO AP 96517 U.S.A.: (951) 238-1246     Cell/Phillipines: 0915-361-3503     Email     Website           Member of AL/AMVETS/DAV/FRA/NAUS/NCOA/MOAA/USDR/VFW/VVA/CG33/DD890/AD37 Congressional Representatives     House Hearings NVLSP Comments on VA proposal to rescind "offshore duty rule" as provided for in M21-1 Adjudication Manual to a position unfavorable to claimants Distilled Water Discussion -   Potential pathway to exposure to dioxins   Continued   Footnotes   Example of Runoff   Conclusion Congress Intent   Intent as to 38 U.S.C. 1116     Intent as to AOA     Intent as to minutes exposed to herbicides   Scientific Analysis lacking by VA     Egregious Conclusions     Veterans Resources

 
Court Docket   "Keeping them honest"

    In this section, you will find references to key court cases and/or excerpts in an attempt to "keeping them honest," ie, watchdog.

Vietnam Era Class Action Denial:   Secretary Nicholson should be proud of himself.     He has managed to deny the entire class of Vietnam Veterans their rights to disability benefits with, first, an unlawful stay of the Haas ruling, and then finally an injunction which will indefinitely hold things up in the Federal District Court, or at least, until the 832,000 veterans affected die.     Click here.

    [How] is it known that these veterans could not be entitled to service connection based upon other theories?     There is simply no way to know the answers to all of these questions until such claims are adjudicated.

- Judge in Ribaudo Order 4/13/07

Survivor Lawsuit:   (Excerpt)   VA DUTY TO VETERANS' FAMILIES:   Army veteran Arvid Brown, while serving in Saudi Arabia during the Persian Gulf War in 1991, was bitten by sand flies and contracted the parasitic disease Leishmaniasis.     Sand fly bites are the most common vector by which this infectious disease is transmitted to humans.

    Upon discharge from active duty, Mr. Brown of Flint was treated at Michigan VA hospitals for service related symptoms on over 50 visits.     The VA never looked for Leishmaniasis as a cause of his symptoms, ignoring his service and medical history.

    He was finally diagnosed by a private physician in Michigan with Leishmaniasis in 1998.     His wife was infected with Leishmaniasis because no one ever diagnosed Brown's and told him of the infectious nature of this disease and its ability to be transmitted by sexual activity.     Mrs. Brown gave birth to two children both of whom were infected with Leishmaniasis in the womb.

    As she struggled to care for her husband and look after two young children with cerebral palsy, her own health rapidly deteriorated. She died at home of cancer.

    His wife and children sued the VA under the Federal Torts Claim Act in SEP 04 because they were infected with Leishmaniasis.     The Government sought to have the case dismissed claiming that the VA owed no duty to the Veteran's family.     The family claimed that VA doctors committed malpractice in not diagnosing Leishmaniasis and failing to warn the wife that the disease could be transmitted to her and the children.

    Judge John Corbett O'Meara of the United States District Court, Eastern District of Michigan, denied the Government's Motion for Judgment on the Pleadings which claimed that the Government owed no duty to the family of a Veteran in an Order dated 18 JUN 07.     The Court, relying on Michigan law, concluded that VA doctors do owe family members a duty to warn of risk when patients present with symptoms of a disease that is well known to be contagious.     A duty of reasonable care may arise on the part of the Government.     The case against the VA will continue and the parties have agreed to try the issues of liability in the fall of 2007.

[Source: Detroit News Paul Egan article 19 Jun 07 ++]

World War II Disgrace:   (Excerpt)   FILIPINO VET INEQUITIES UPDATE:   The Senate Committee on Veterans' Affairs on 27 JUN approved legislation authored by U.S. Senator Daniel. K. Inouye that corrects a wrongful action committed against Filipino veterans of World War II, and provides them with fair and equitable treatment.     Under Senator Inouye's provisions that are part of the Veterans' Benefits Enhancement Act of 2007, Filipino veterans of World War II would be officially restored to full veterans status, making them eligible for VA benefits and healthcare services that had been denied to them.

Here are the highlights of the Filipino equity provisions:

- Restores full veterans status to Filipino veterans of World War II who lost this status under the Rescission Acts of 1946. This ends a long-standing injustice, and fulfills our nation's promises to those who served.
- Pays Filipino veterans of World War II who suffer from disabilities incurred or aggravated by military service with service-connected compensation at the full rate, regardless of where they live.
- Permits Filipino veterans of World War II and survivors residing in the United States to receive pensions and death pensions paid at the same rate and under the same conditions as U.S. veterans.
- Provides Filipino veterans of World War II residing outside of the United States a special pension and death pension paid at a lower flat rate which does not require documentation of income, assets, and medical expenses.

    The legislation has Filipino veterans and survivors residing outside of the United States being paid at a lower rate because pension benefits are not paid for disabilities related to military service.     They are paid to help improve the quality of life for wartime veterans and survivors with very low incomes.     Also, virtually all elderly Filipino veterans of World War II are expected to have income and assets - which if counted under U.S. rules - would make them eligible for pensions.

    Therefore, by establishing a special pension program that is simpler and less costly to administer, these veterans will not have their income and assets counted or medical expenses deducted in determining eligibility for the flat rate pension.     Another reason for the lower flat rate for Filipino veterans and survivors living outside of the United States: the wartime pension program requires monitoring and verification of income, assets, and medical expenses of pensioners.

    Income is verified in the United States through data matches with the Social Security Administration and the Internal Revenue Service.     These kinds of systems are not available in the Philippines.     The bill S.0057 now advances to the Senate floor for debate and vote.

[Source: Senator Daniel Inouye Press Release 29 Jun 07 ++]

Iraqi Veterans v. V.A.

Surprise!   Surprise!

Veterans of the conflicts today
have the same kind of issues with the V.A.
as we Vietnam Era Veterans do!   Click on Lawsuit for details.

 
Congress Legislation

    And senators may go even further. Larry E. Craig (R-Idaho) is pushing a bill that would allow vets with service-connected disabilities to be treated anywhere they want, not just at VA hospitals.     -   Hope for a Veterans Windfall Above All Hopes

House Legislation   Contact   Email       Senate   Contact

Congressman Bart Stupak, D-MI, introduces legislation
    for "home delivery" of casualties of war ..

It seems the DOD is not set up to provide war zone to local airport service for our dead.
    Families have to drive, sometimes hours and long distances, to pick up the body of their loved one killed in the war for final resting place.     I guess our leaders haven't worked out the kinks in the logistics and find the issue more complex than you can spell "Haliburton."     This comes under the category of "What you don't know, can hurt you!"     This is as big a nation disgrace as the waiting period of up to six months to have a military funeral at Arlington National Cemetary with full honors.     Flag Bill


Press Release     "Emergency-Room Roulette"     Veteran Dies After VA Staff Calls 9-1-1

Spokane VAMC -   More families say VA center refused to help in emergencies   Photo

Letters to the editor
"VA all that it can be"

In response to the letter from Mr. Bob Simmons regarding the death of Clinton L "Foxx" Fuller and the VA Hospital ("VA resources stretched," Oct. 11):

Mr. Simmons comments on the "free care" Mr. Fuller received at the VA hospital. Any man who fought in World War II, Korea and Vietnam paid for every checkup, shot, pill and any other care he received with his courage, blood, sweat and tears many times over. I know from experience that the VA tries to do the best they can with what they have. But every soldier, sailor and airman who receives care from the VA does not get it without sacrifice.

Jim Arnold
Spokane Valley

SpokesmanReview.com   Friday, October 13, 2006         See also Seattle Times

		Franco Brand Bull If you do not see the Superman logo, you can not be sure whether you have genuine (Franco) bull.	This is by no means an official VA website.     You get honesty and things you can use here.
For the record .. Vietnam Facts .. that the V.A. will approve of (- in defense of their fraudulent claims issue)     The V.A. has long held that "wannabee's" come out of the "woodwork" in claims of being a Vietnam vet.     I had no idea that it was of epidemic proportion.     In fact, you probably know someone that claims that they "served in Vietnam" one or twenty tours ...     First, let's take a look at some census stats and then all those outrageous myths (and then you wonder why courts do not allow hearsay.)     BTW, as a Thailand vet, I am not a Vietnam vet -- I served in SEA during the era of the (Vietnam) war; received the VSM, etc. which won't buy me a cup of coffee in the missionary line -- any fool can get that (Vietnam or otherwise, ie, draft-dodger Cheney and "decorated" air national guard pilot Bush.) VIETNAM CENSUS STATS:   ~ 1,713,823 of those who served in Vietnam were still alive as of AUG 95 census figures. ~ In the AUG 95 census 9,492,958 Americans falsely claimed to have served in-country. ~ As of the August, 2000 Census, the surviving U.S. Vietnam Veteran population estimate is: 1,002,511. If this loss of 711,000 between '95 and '00 is accurate it equates to 390 deaths per day. ~ During this Census count, the number of Americans falsely claiming to have served in-country is: 13,853,027. By this census, four out of five who claim to be Vietnam vets are not. ~ The Department of Defense Vietnam War Service Index officially provided by The War Library originally reported with errors that 2,709,918 U.S. military personnel as having served in-country. Corrections and confirmations to this errored index resulted in the addition of 358 U.S. military personnel confirmed to have served in Vietnam but not originally listed by the Department of Defense. (All names are currently on file and accessible 24/7/365). ~ Atrocities: Americans who deliberately killed civilians received prison sentences while Communists who did so received commendations. From 1957 to 1973, the National Liberation Front assassinated 36,725 Vietnamese and abducted another 58,499. The death squads focused on leaders at the village level and on anyone who improved the lives of the peasants such as medical personnel, social workers, and school teachers per the Nixon Presidential Papers. [Source:   NM e-Veterans News 9 Jan 06 - Research accredited to Capt. Marshal Hanson, U.S.N.R (Ret.) & Statistical Source Capt. Scott Beaton; RAO Bulletin April 15, 2008] VIETNAM COMMON MYTHS: Myth: Common Belief is that most Vietnam veterans were drafted. Fact: 2/3 of the men who served in Vietnam were volunteers. 2/3 of the men who served in WW II were drafted. Approximately 70% of those killed in Vietnam were volunteers. Myth: The media have reported that suicides among Vietnam veterans range from 50,000 to 100,000 - 6 to 11 times the non-Vietnam veteran population. Fact: Mortality studies show that 9,000 is a better estimate. The CDC Vietnam Experience Study Mortality Assessment showed that during the first 5 years after discharge, deaths from suicide were 1.7 times more likely among Vietnam veterans than non-Vietnam veterans. After that initial post-service period the rate of suicides is less. Myth: Common belief is that a disproportionate number of blacks were killed in the Vietnam War. Fact: 86% of the men who died in Vietnam were Caucasians, 12.5% were black, 1.2% were other races. Black fatality figures were proportional to the number of blacks in the U.S. population at the time and slightly lower than the proportion of blacks in the Army at the close of the war. Myth: Common belief is that the war was fought largely by the poor and uneducated. Fact: Servicemen who went to Vietnam from well-to-do areas had a slightly elevated risk of dying because they were more likely to be pilots or infantry officers. Vietnam Veterans were the best educated forces our nation had ever sent into combat. 79% had a high school education or better. Myth: The Common belief in the U.S. is that the domino theory was proved false. Fact: The domino theory was accurate. The ASEAN (Association of Southeast Asian Nations) countries, Philippines, Indonesia, Malaysia, Singapore and Thailand stayed free of Communism because of the U.S. commitment to Vietnam. The Indonesians threw the Soviets out in 1966 because of America's commitment in Vietnam. Without that commitment, Communism would have swept all the way to the Malacca Straits that is south of Singapore and of great strategic importance to the free world. The Vietnam War was the turning point for Communism. Myth: The common belief is that the fighting in Vietnam was not as intense as in World War II. Fact: The average infantryman in the South Pacific during World War II saw about 40 days of combat in four years. The average infantryman in Vietnam saw about 240 days of combat in one year thanks to the mobility of the helicopter. One out of every 10 Americans who served in Vietnam was a casualty. 58,148 were killed and 304,000 wounded out of 2.7 million who served. Although the percent that died is similar to other wars, amputations or crippling wounds were 300% higher than in World War II ....75,000 Vietnam veterans are severely disabled. MEDEVAC helicopters flew nearly 500,000 missions. Over 900,000 patients were airlifted (nearly half were American). The average time lapse between wounding to hospitalization was less than one hour. As a result, less than one percent of all Americans wounded, who survived the first 24 hours, died. Myth: Kim Phuc, the little nine year old Vietnamese girl running naked from the napalm strike near Trang Bang on 8 June 1972 was burned by Americans bombing Trang Bang. Fact: No American had involvement in this incident near Trang Bang that burned Phan Thi Kim Phuc. The planes doing the bombing near the village were VNAF (Vietnam Air Force) and were being flown by Vietnamese pilots in support of South Vietnamese troops on the ground. The Vietnamese pilot who dropped the napalm in error is currently living in the United States. Even the AP photographer, Nick Ut, who took the picture, was Vietnamese. The incident in the photo took place on the second day of a three day battle between the North Vietnamese Army (NVA) who occupied the village of Trang Bang and the ARVN (Army of the Republic of Vietnam) who were trying to force the NVA out of the village. Reports in the news media that an American commander ordered the air strike are incorrect. There were no Americans involved in any capacity. The Commanding General of TRAC at that time said Americans had nothing to do with controlling VNAF. Myth: The United States lost the war in Vietnam. Fact: The American military was not defeated in Vietnam. The American military did not lose a battle of any consequence. From a military standpoint, it was almost an unprecedented performance. General Westmoreland said the war was a major military defeat for the VC and NVA. The United States did not lose the war in Vietnam, the South Vietnamese did. [Source: NM e-Veterans News 9 Jan 06 - Research RAO Bulletin April 15, 2008] And, for anyone reading this that falls into that (illustrious) category of "Wanna be's" -- shame on you.     After 40 years, you still haven't got anything more to your credits than claiming you served in Vietnam [fill in the blank for # of tours.] Franco Picchione - Thailand Vet U.S. Army 16 Nov 66 - 17 May 77   SP/6 (Specialist Sixth Claas) SEA/Thailand 17 Jan 68 - 10 Jan 70; Hawaii Army Natl Guard (1978)