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AVVA is gearing up for the 2015 Convention in Springfield, IL. The Bylaws Committee is hard at work preparing proposals for the delegate’s consideration, the Election Committee is accepting and validating Delegate and Candidate registrations, the menu has been chosen for the luncheon, our Project Friendship will be announced soon, and all forms needed for Convention attendees have been made available on the website. In January, we began the national search for the Member of the Year recipient and the Fellowship Award recipient. Deadline for submitting a worthy nominee is May 10th. Members are also invited to submit bylaw change proposals as well; these proposed changes must be postmarked by March 23rd. We are proud to now offer membership to permanently hospitalized veterans. Those who are ineligible for VVA membership may now join AVVA as life members at no cost. Associate Permanently Hospitalized Veterans (APHV) must submit a DD 214 with the application. The policy and application are posted on the AVVA website. Our next Board meeting will be held April 9th at the Double Tree Inn in Silver Spring, Maryland. The Board meeting is open to all members; so if you are visiting in the Washington DC area during this time, you are cordially invited to attend.
“…people will forget what you said, people will forget what you did, but people will never forget how you made them feel.” ― Maya Angelou
The next issue of the Updates will be April 2015. We will be accepting Articles, etc. until April 15, 2015.
Associates of Vietnam Veterans of America, Inc. Inc.Inc.
Winter 2014
Updates Issues: 2014
Winter Issue
Spring issue
Summer Issue
Fall Issue
Page 2 of 15 Cont.
Secretary ~ Joanna Henshaw Important Information for You! Hello everyone! It has been a busy season. I am not sure just where to begin! I first want to say that AVVA has worked pretty hard to try to make as much information available to you as we possibly can. If you visit our website, www.avva.org, you will probably be able to find almost any of the basics you are looking for. If not, all of the people you might need to contact are listed and made available to you. I have been working for about 5 months, on and off, to put together a comprehensive email list, in order to enable us to send out important information to as many of you as we can. I believe that we now have a list of every State and Chapter President and Representative that has been listed in the National Elections Data Base. I also have several persons listed who have simply requested to be on our list. We can only inform those who have made their contact information available to us, so please email me at [email protected] if you are not receiving information from National, and would like to. I should tell you that I have gotten about 2 dozen emails returned as bad addresses, so please check your spam folder, just in case. Our “Flash Notices”, as we call them, are not frequent, because we only send out things when we really believe you need some kind of information, so it is not as if we are going to spam you to death <smile>. Over the next few months, there will be at least one notice per month regarding the Convention and the National Elections.
The AVVA Website has a page that lists all of the State and Chapter websites that we have been informed of. If your AVVA State or Chapter has a web page that you would like to share with AVVA members around the country, please go to www.avva.org/othersites.html, to see who is already listed there. There is a form link that you can go to and fill out the request to have your site included. This helps us share our local information with all other members. Keep up the good work everyone!
The Updates staff would like to thank
Joanna Henshaw for the great work on the
~ AVVA website.
Everything is easy to find and the information is there to access.
http://avva.org/
Page 3 of 15 Cont.
Giving Away the Bride Charlie Hobbs walks his friend and fellow Veteran,
Marsha Scheidt down the aisle on her wedding day. Marsha is a life member of VVA & AVVA Chapter
203. Her children live in another state and could
not make the Tues afternoon wedding, so the next
best bet – Charlie Hobbs. The lucky groom is Greg
Thibadoux, an AVVA life member. May they both
have a wonderful life together.
The Gift INDIANAPOLIS, Ind. (March 5, 2015) – A gift
was given Thursday unlike any other. Catherine
Wallace, 90, was given her late husband's dog tag
from World War II. Her husband Jim Wallace was
an army veteran from Indianapolis and stormed
the beaches of Normandy, France on D-Day.
This past summer, 70 years after D-Day, Francois
Blaizot pulled the tag off Utah Beach and managed
to mail it back to the United States with help from a
lot of Good Samaritans. The tag was presented to
Ms. Wallace Thursday at her home in American
Senior Communities.
"This is such a unique story and the fact that this
dog tag was found X amount of years later is
astounding, it really is," said Cory Goodwin, a
volunteer with the Grant County Veterans Affairs
Office. Goodwin helped facilitate the return when
he was contacted by a man in Texas who had
learned the dog tag had been found.
Two of Wallace's three children were present for the
presentation Thursday.
The returned dog tag came with sand from Utah Beach, and a letter from Blaizot which read in part, "Madame Wallace, it is a real pleasure to give to you back the dog tag of your husband. It is a way for me to pay tribute to the men like your husband who came in our country to restore liberty."
~ Submitted by Diane Nicholson
I want to tell you about the wonderful people I work
with at Maximus Inc. About one month ago, I
approached management about possibly having a
needs drive for our local VA Hospital here in
Topeka. I had gotten a list from VVA 604 VAVS rep
Roland Mayhew thinking we could get some much
needed toiletry items that the VA is always in need
of for the patients.
The management was supportive and we put
together a committee to represent each team in our
office. We wanted to donate the items the week of
Salute to Hospitalized Veterans week which also
ended in Valentine’s Day. We set an initial goal of
bringing in 1,000 items.
We beat that goal within a week. Our next goal was
2,500, we beat that too. Last goal we set was 5,000.
I am proud to say we beat that too. We also had a
bake sale to raise money to buy bigger items like a
flat screen TV that had been requested as well as art
supplies, and other items.
On Friday the 13th we presented the VA with 7,546
items including all items that had been listed on a
wish list. We gave them a giant handmade card
with team pictures signed by all of us. All from one
small request.
Feature Articles~
Good Deeds
Page 4 of 15 Cont.
Today I got to tell my co-workers how proud I was
of them for their efforts. We had fun contests along
the way with items that I donated as well as got a
friend to donate. I told them all how important it
was that our veterans know that people care about
veterans who were there when 5 fully loaded
car/trucks came to a stop to deliver the items…I
still get tears thinking about it.
Regions ~ their state & chapters
Region 2
Pennsylvania State Association ~ Bobby
Morris President
Chapter 131, working on growth in their AVVA
membership.
Chapter 415, sending cards out to the Veterans and
working with the chapter on their upcoming Agent
Orange Town Hall plans in September 2015.
Chapter 623, working side by side with VVA
wreaths across America. Chapter 623 joined with
chapter 678 for a Christmas party and Saigon Santa
visiting the veterans at the VA center.
Chapter 967, helping with the homeless veterans
in their area, gift giving to the Veterans at the VA
Medical Center, and helped with the Chapters
Christmas party
AT-Large Representative, sending out letters to
the At-Large member’s information of our upcoming
National elections during our 2015 Convention.
Chapter 862, wreaths across America, festival of
trees, Christmas tree vigil at the Vietnam memorial,
gift giving to Veterans at our local nursing homes,
gift giving to children at a women shelter, food drive
for vets, Christmas party, and our 15th annual TET
remembrance dinner dance.
PA Chapter 791 Deborah Priest, President
Members of the Associates of Vietnam Veterans of
America Chapter 791 handed out care packages to
the veterans Ohesson Manor, Elmcroft, William
Penn and Malta Home. They also put on a little show
of Christmas caroling and reading poems at Ohesson
Manor and Elmcroft. Some of the audience
weren't veterans, but they seemed to enjoy the show
also. Elmcroft was having their open house and
invited the group to join in. It was very nice and it
was enjoyed by the participants.
Region 3 ~ Beverly Pounds Director
Region 3 continues to grow and is dedicated to our
AVVA organization. Thanks to the hard work of our
members we are holding the number 1 spot in
Membership, with 3 States in the Top 5 States in
Membership Growth, Tennessee Second, West
Virginia Fourth and Kentucky Fifth.
Congratulation, West Virginia Chapter # 1074, for
completing your Incorporation. New President,
Sonia Brown Negron, Vice President, Simone
Hawthorne and Secretary / Treasurer, Kenneth
Hawthorne and their membership are excited and
eager to help build AVVA.
Each of the States Kentucky, Tennessee, Maryland,
North Carolina, South Carolina, Virginia, and West
Virginia has planned a busy calendar of events for
2015.
Tennessee AVVA and VVA are looking forward to
hosting the 2015 George C. Duggins Region 3
Conference in Knoxville, Tennessee on March
26 – 29, 2015. They have a great line up of Special
Speakers and Seminars for the whole weekend.
Page 5 of 15 Cont.
AVVA seminars: Secondary PTSD with Dr. Tom Berger and
Elayne Mackey.
How AVVA Chapters Work with Cathy
Keister
Powered by Today with Sharon Hobbs
Check it out on line @ TSC VVA .org
South Carolina is busy getting prepared for the “50th
Commemoration of the Vietnam War” being held
May 14 – 16, 2015 in Myrtle Beach.
Because of our membership and their programs we
are able to make a difference in the daily lives of ALL
veterans and their families.
Keep up the GREAT work.
Region 4 ~ Jeri Wallace Director
Being the Region IV Director I would like to
recognize Florida and the great work they are
going.
Florida State Association, Suzanne Blohm-
Weber President
Attendees at the State meeting this weekend worked
on preparations for the upcoming National
Convention in Springfield. We are also launching a
new program which will assist recent widows and
widowers amongst our ranks both financially and
emotionally. We will be working together with VVA
Florida State Council in this endeavor.
Attached are two chapter reports and as you can see,
one of our newest chapters has been very busy!
AVVA CHAPTER 1059
P. O. Box 626, Orange Park, FL. 32067-0626.
First official meeting of the AVVA was held in
February, 2014.
CHAPTER ACCOMPLISHMENTS
APRIL, 2014 - AVVA members worked alongside
the VVA at a booth at the Clay County Fair to
provide awareness to the citizens of Clay. This was
a ten day event.
APRIL, 2014 - Assisted the VVA in preparing and
serving at a dinner specifically to benefit the VVA’s
Scholarship Fund.
MAY, 2014 - AVVA assisted the VVA with a BBQ
held at the CLYDE Lassen Veterans Home in St.
Augustine. Members of the AVVA provided baked
goods and helped serve lunch to over 100 residents
and staff.
JUNE, 2014 - The VVA and AVVA collected various
items of toiletries. The AVVA packed approximately
75 packets which were given to Mercy Services, who
provide assistance to the homeless.
JULY, 2014 - Paraded in Middleburg, FL at the
July 4 parade.
OCTOBER, 2014 - Assisted the VVA at their booth
at the Middleburg Festival. This served as a
fundraiser and awareness event for the VVA.
DECEMBER, 2014 - AVVA presented lady vets at
the CLYDE Lassen Veterans Home with Christmas
gifts. There are 10 ladies at the home.
DECEMBER, 2014 - Provided stuffed animal and
books to Mercy Services for their children’s
Christmas party.
DECEMBER, 2014 -It was learned that the St
Catherine LaBourne Nursing Home (Jacksonville,
FL) was in need of an American flag for their
flagpole. AVVA purchased flag and, along with VVA
members, AVVA made a formal presentation to the
residents of the home.
DECEMBER, 2014 - Annually the VVA
participates in an event in Green Cove Springs called
PARADE OF TREES. Various organizations
decorate a tree for their charity. The AVVA decorates
this tree for our VVA.
DECEMBER, 2014 - Organized and prepared food
for the annual VVA Christmas Party.
DECEMBER, 2014 - Raised $180 for Chapter
1080, an incarcerated VVA Chapter at Union
Correctional Institute.
Page 6 of 15 Cont.
This was done by holding a raffle for a handmade
quilt donated by an AVVA member.
JANUARY - MARCH, 2015 - Chapter
representative is serving on the committee for Agent
Orange Town Hall Meeting scheduled in
Jacksonville on March 27.
Respectfully submitted, Mary Anne Newman,
AVVA Chapter 1059 Representative
Chapter 1040 Carol Fisch Representative
We started a homeless committee to hand out bags,
McDonald’s gift cards, food and toiletries. Several
members visit the Veterans at Lake Nona Nursing
Home and will be assisting VVA with their annual St.
Patrick Day Fundraising Dance.
Carol Fischer and Cheryl Stallard will be setting up.
50th Anniversary Salute to Vietnam
Veterans.
Mark your calendar and join us for a weekend
dedicated to remember our Vietnam Veterans for
their service.
Vietnam Veterans of America and their Associates
invite you to join us May 14-16 in Myrtle Beach SC.
We will be starting off the weekend events with a
Golf Tournament and ending on Saturday night with
a dinner dance. A weekend of entertainment and a
parade are planned.
Visit our web site for details vva925.org
Hoping you will join us.
Region 7 ~ Kathy Andras Director
AVVA Texas Lynn Kennedy President
Our AVVA TSC meeting in Grand Prairie, Texas,
October 2, 2014 went very well. We had eleven
chapter representatives and one alternate.
Percilla Newberry, TSC Vice-President discussed
the VVA TSC Award Definitions. Buddy Farina,
chair and Sandra Womack, special advisor are in
charge of the Public Affairs Committee. AVVA
members received the awards nomination
information and the nomination form.
On Saturday our members also enjoyed our Fun
Seminar: Making a Wreath. Mary Snapp, chapter
representative from chapter 348, helped the ladies
put their wreaths together. The ladies thoroughly
enjoyed the activity. Our next meeting will be in El
Paso, April, 2015. [email protected]
Region 8 ~ John Birch Director
On the date (11-11-14) that is used to
recognize Veterans who served in all eras
chapter 585 Mid Valley Chapter VVA/AVVA
and supporters built a float representing
those who are home while their loved ones
serve and then return home. Many donations
were made to make this happen. The truck
and flatbed were donated for the use by
chapter members. We recruited actors to
play the role of family and soldier. The
soldier is actually a soldier so there is realism
in this parade float. Furniture, home
hardware, appliances and bamboo trim were
used for this representation of an event that
has happened millions of times in this
country of a service member returning home
for that long awaited reunion. Something
about the 1960's and bamboo are our
occurring theme in Chapter 585.
Page 7 of 15 Cont.
Region 9 ~ Elayne Mackey Director
The Region 9 states are made up of wonderful,
dedicated people. Thank you everyone!
I had the pleasure of meeting our Point of Contact
and her husband, VVA Guam President – Margaret
& Dan Mendiola. They were in SO CA visiting family
and arranged to come to a Chapter 47 General
meeting. We enjoyed ourselves, laughed a lot and
compared notes about AVVA and what we all do.
Great people and friends.
January 2015 I visited the AZ State Council meeting.
Their AVVA meeting is held at the same time. They
covered a lot of AVVA business and this was great to
see how well this was handled. The AZ AVVA is a
very dedicated group.
I will be visiting NV AVVA soon and then off to the
Region 3 Conference to take part in a Secondary
PTSD discussion. I am a very lucky and thankful
Regional Director.
AZ Chapter 975 Casey Farrell President
AVVA Chapter 975 is in the process of incorporating.
This is being done to ensure that the legacy of VVA
Chapter 975 will continue forever. Not to worry VVA
Chapter 975 is continuing their good work. We just
want to make sure that we are strong and able to help
them in their endeavors as well as our own.
During the January 2015 meeting, the following
AVVA members were elected as interim officers of
Chapter 975:
President-Casey Farrell
V-President-Sharyl Beard
Secretary-Judy Lacey
Treasurer-Nancy Fancher.
CA. ~ Elayne Mackey State President
The CA chapters are always busy and continue to
work well alongside their VVA chapters. When
attending the CA State Council meetings, our AVVA
is so well accepted. The members and delegates are
family to us.
With pride, CA AVVA continues with their
Secondary PTSD program. Led by CA AVVA Vice
President, Nina Schloffel, we are moving forward.
We do not counsel anyone, but share our lives, listen
and find many aspects of life to be grateful for. The
time we have goes so fast, everyone is disappointed
when it is over. As everyone leaves, many express
their appreciation for trying to understand PTSD
and how it may have affected many lives.
CA Chapter 472 Sunny Murand Ch.
Representative
Members of San Diego Ch. 472 are preparing to be
volunteers for the upcoming visit of the Vietnam
Veterans Memorial Fund's The Wall That Heals
(TWTH) to San Diego - 4/24/15 - 5/1/15. The Wall
will be presented on the USS Midway.
Utah ~ VVA Ch. 1079 Dennis Howland
President
We are launching a project to purchase an 80
percent size replica of the Vietnam Memorial Wall
and place it in a park in Utah. The park is being
given to us.
Also a program called Sounds of Freedom - Vietnam
Veterans - The Day They Deserve - The Welcome
Home Parade They Never Got. I have attached a
rough flyer so you can see what it is going to be.
Page 8 of 15 Cont.
Also the law we helped to pass one year ago – making
a Vietnam Veterans Day in Utah – Chapter 1079 will
be hosting the observance ceremony in the State
Capitol Rotunda on March 30.
We are partners in a Nam Jam in May and this week
I will give remarks in the Utah House and Senate
supporting a Bill to honor Vietnam Veterans and a
Bill to re-designate I-84 as Vietnam Veterans
Memorial Highway.
Chapter 1079 AVVA is always involved in all the
projects and works side by side with the VVA
March 23, 2015: Bylaw change proposal
deadline
April 9, 2015: AVVA National Board Meeting
Silver Springs MD.
May 2015: Memorial Day AVVA will present a
memorial wreath at the Vietnam Veterans
Memorial and Arlington National Cemetery,
Tomb of the Unknown Soldier
July 21-25, 2015: AVVA National Convention
& Elections, Springfield ILL.
AVVA Bylaw Information Section 11.06 Amendment of Bylaws.
Written notification of proposed changes to these bylaws
must be given one hundred twenty days (120) days
prior to the Associates of Vietnam Veterans of America,
Inc.’s Biennial Meeting. These bylaws may only be
altered, amended, or new provisions added thereto, by the
affirmative vote of two-thirds (2/3) of the delegates
present and voting at the Biennial Meeting.
120 days prior would be: Monday March 23, 2015
Current AVVA Bylaws: http://www.avva.org/documents/Bylaws.pdf For more information: Contact Cecelia Essenmacher, Bylaws Chair @ [email protected]
Memorial Fund
Have you lost a loved one due to their service in
Vietnam?
The Vietnam Memorial Fund has an In Memory
Program where you may submit your loved one for
consideration in 2015.
Application and more information can be found at:
http://www.vvmf.org/InMemory_Apply
Deadline for this year’s program is April 6, 2015.
Remember to keep track of your volunteer
hours!
AVVA VISTA, or 'Volunteers in Service to America', is a
new program which affords AVVA the ability to keep
realistic and accurate records of the 1000's of hours that
our AVVA Members spend volunteering in their
communities and elsewhere. This program will help
AVVA to fulfill our informational obligations to our tax
records, and will also give us a clearer picture of what you
are all doing out there! More information: [email protected]
2015 MEMBER OF THE YEAR AND
FELLOWSHIP AWARDS! Deadline: May 10,
2015
Please think about all of the things that the members of
your chapter or state do, and nominate a deserving person
for one of these awards. Or if you know someone from
another chapter or state, make the suggestion to their
President or Representative.
Find the criteria and application here:
http://avva.org/forms/awards/MemberoftheYea
rCriteria_AnnualChange.pdf
http://avva.org/forms/awards/FellowshipAwar
dCriteria_AnnualChange.pdf
http://avva.org/forms/awards/AwardsNominati
onForm_fill_AnnualChange.pdf
Is your region having a Conference this year? Check
with your VVA to see.
http://www.vva.org/state_council.html
IMPORTANT DATES TO REMEMBER
Page 9 of 15 Cont.
AVVA National Elections - Everything that
you need to know about the National
Elections
http://avva.org/elections/election.html: INFO
http://avva.org/forms/election/NationalDelegat
eRegistration_fill.pdf DEADLINE: JUNE 24,
2015
http://avva.org/forms/election/CandidateRegist
ration_fill.pdf DEADLINE: APRIL 1, 2015
KEEP UP WITH VETERAN RELATED
LEGISLATION
You can keep current on what is going on in congress
by using this link: VVA Capwiz.
This link will take you to the VVA Action Page, and
will give you information on how to contact your
Senators and Representatives, and what legislation
is currently of importance.
https://www.facebook.com/pages/Associates-of-
Vietnam-Veterans-of-America/11008998239199
Election ~ Elayne Mackey
The Election Committee continues to work
faithfully for AVVA. Thanks to Suzie Meeks, Election
Database Coordinator, for having all of the
databases completed and sent out to each Regional
Director. This is a great tool to use when we need to
look up election dates and membership for our
States and Chapters.
If you are planning on seeking a candidacy for AVVA
national, please declare now. The sooner our
prospective candidates and delegates send in their
forms, the better it is for all. This makes the
verification process much easier for the Election and
Membership Committee.
On pg. 10 of the Updates you will find needed
information about elections and also this can be
found on the AVVA website. This is elections made
easy and understandable.
Membership ~ Cathy Keister
We are pleased to announce that AVVA Chapter #1074,
Martinsburg, WV is now incorporated. Congratulations
to their members.
AVVA membership total as of January 31, 2015: 8,568
Renew for 3 years or as a life member and receive
a special gift from AVVA.
Top States in Growth:
1. New York +17
2. Tennessee +16
3. Michigan +10
4. West Virginia +7
5. Kentucky +5
Top 10 States Membership
1. California-667
2. West Virginia-634
3. Michigan-626
4. New York-595
5. Pennsylvania-551
6. Texas-510
7. Tennessee-417
8. New Jersey-380
9. Florida-367
10. Maryland-276
Top 10 Chapters Membership
1. 865 NY - 290
2. 203 TN - 172
3. 451 MD - 167
4. 862 PA - 136
5. 1047 MI - 98
6. 201 CA - 94
7. 757 OR - 92
8. 967 PA - 83
9. 542 PA - 78
10. 528 M I- 7
Committee Reports
Page 10 of 15 Cont.
HR-969 Introduced in the House of Representatives Get your congressman to sponsor this. January 21, 2015/ ~ by Matthew Hill The Blue Water Navy Vietnam Veterans Act
was introduced in the House by Rep. Chris
Gibson (D-NY) along with the signatures of 131
strongly bipartisan original co-sponsors on
February 13, 2015. This legislation will return the
presumption of exposure to herbicide to Navy and
Marine veterans who served in the off shore waters
of Vietnam. HR-969 now replaces HR-543, which
was the number used in the previous 113th Congress.
The wording is the same, but the new designating
number is HR-969.
A Senate Companion Bill is expected later in
February.
HR-543 of the previous 113th Congress died in the
House Veterans Affairs Committee, led by
Congressman Jeff Miller (FL) with 258 co-sponsors.
Only 218 co-sponsors represents 1/2 the voting
member of the House. Miller would not release the
Bill for a vote on the floor of the House.
http://www.hillandponton.com/will-va-finally-admit-da-nang-harbor-inland-waterway/ Partial reprint… go to web site for maps, & full article There is a case before the CAVC to determine if Da
Nang Harbor should be considered by the VA to be a
body of Inland Water.
The case will be heard by oral arguments on
Wednesday, February 25, 2015, at 10:00 a.m. The
case is before a 3-judge panel and is therefore
designed to 'set precedent'.
On behalf of Blue Water veteran, Robert Gray, Hill &
Ponton filed an appeal for his claim for service
connected compensation at the Court of Appeals for
Veterans Claims (CAVC). It is Mr. Gray’s contention
that Da Nang Harbor should be considered an inland
waterway for Agent Orange compensation purposes.
The case is Robert H. Gray v. Robert A. McDonald
13-3339. After Mr. Gray and the VA submitted all of
their briefs in the case, the CAVC decided to review
this issue with a panel of three judges. This review
will be precedential, meaning it will affect every
other case where a veteran served on a ship that went
into Da Nang Harbor. Before jumping into the
particulars of Agent Orange and Da Nang Harbor, it
is important to see how Da Nang Harbor fits into the
history of Agent Orange cases.
After decades of fighting veterans on the dangers of
exposure to Agent Orange, Congress passed the
Agent Orange Act of 1991 and forced the VA to admit
that the chemical is not only harmful, but deadly,
and that any soldiers on the landmass of Vietnam
between 1962 and 1975 were exposed. But the VA
draws a line in the sand, literally, when it comes to
veterans who served offshore Vietnam in the Navy or
Coast Guard. In fact, the VA has found that veterans
who did not step onto land in Vietnam were not
exposed to Agent Orange unless the veteran’s ship
went into an “inland waterway.” In VA terms, this
means that the ship went up a river, and the VA has
explicitly taken a position that harbors are not
inland waterways. This is a problem for Navy and
Coast Guard veterans who served on ships that were
anchored, and sometimes even docked, in Da Nang
Harbor, a harbor in Vietnam that is surrounded by
land on three sides.
Before we discuss the issues for veterans who were
on ships in Da Nang Harbor during the Vietnam
War, it is first important to understand how the VA
treats Navy and Coast Guard veterans generally
when it comes to Agent Orange claims. For Agent
Orange claims in general, a veteran does not need to
prove actual exposure to Agent Orange if he served
in Vietnam during the period of January 9, 1962 to
May 7, 1975 or along the Korean DMZ between April
1, 1968 and August 31, 1971. Under current VA
policy, “service in Vietnam” means active military,
naval, or air service which include stepping foot on
land or being on the inland waterways.
Things were different for naval veterans from
November 1991 to February 2002, when the VA
Manual M21-1 provided that unless there was
evidence to the contrary, service in Vietnam would
Page 11 of 15 Cont.
be conceded if the veteran’s service records show
that he received the Vietnam Service Medal. This
medal was often awarded to veterans who served on
offshore waters, so proving receipt of the medal was
a way for naval veterans to get the presumption of
exposure and possibly get their claims awarded (if
they suffered from a disease on the presumptive list).
Even if a veteran was not awarded the medal, the
manual required that the VA confirm that his ship
was near Vietnam for a significant amount of time,
not just passing through.
Despite these guidelines, the VA was still not
uniform in granting claims for so-called “Blue
Water” veterans; some of these veterans were
successful while others were not.
After years of inconsistency, the issue was finally
addressed in 2006 in the case Haas v. Nicholson. In
that case, CAVC sided with the Blue Water veterans
and decided that they should receive the
presumption of exposure to Agent Orange.
Unsurprisingly, the VA appealed that decision to the
U.S. Court of Appeals for the Federal Circuit. In a
huge blow to Blue Water veterans, that court
reversed the CAVC’s decision, and determined that
the VA lawfully and reasonably changed the policy in
2002 to require service on land or on an inland
waterway in Vietnam to be eligible for the
presumption of exposure to Agent Orange (note that
if a Blue Water veteran was awarded service
connection between 1991 and 2002, the VA cannot
apply the Haas decision retroactively and take
service connection away from that veteran). As a
result, if a Blue Water veteran wants to succeed with
an Agent Orange claim, he must prove that he
stepped foot on land in Vietnam or that the ship he
served on went up a river. This can be shown
through deck logs, personnel records, or even
photographs.
So what does this mean for veterans who served on
ships that were in Da Nang Harbor? According to the
VA, these veterans are Blue Water veterans, and as a
result must prove that they stepped foot on land or
went up a river. But, there is a strong, reasonable
argument to be made that the Da Nang Harbor is an
inland waterway, and, therefore, those veterans are
eligible for the presumption of exposure without
proving they set foot on the landmass of Vietnam.
In fact, the Board of Veterans Affairs (BVA) reached
that very conclusion in a decision from 2009. In that
case, the BVA decided that “if the Veteran’s service
had been limited to service on the U.S.S. Oklahoma
City outside the territorial boundaries of the
Republic of Vietnam, the presumptions … would be
inapplicable to his case as he would not have met the
criteria for service in the Republic of Vietnam.
However … the Veteran’s service was conducted on
a ship that frequently anchored in a harbor within
the territorial borders of Vietnam. The evidence of
record clearly shows that the Da Nang Harbor is well
sheltered and surrounded on three sides by the
shoreline of Vietnam. The harbor is nearly totally
surrounded by land … As such, given the location of
the harbor as being surrounded on land by three
sides and the evidence that the harbor is within the
territory of Vietnam, and resolving all doubt in the
Veteran’s favor, the Board finds that Da Nang
Harbor is an inland waterway for the purposes of the
regulation.”
While this BVA decision should have been a huge
win for Blue Water veterans, the VA has again been
inconsistent in its treatment of naval veterans.
Despite the fact that the BVA found in the above case
that Da Nang Harbor is an inland waterway, in later
cases it has found the opposite. Note that BVA
decisions are not precedential, which means that the
BVA is not required to follow their own decisions
when it decides later cases. But, the BVA’s own rules
do say that it strives for consistency in its decisions,
and it is failing to provide consistency when it comes
to veterans who served in Da Nang Harbor. It is
difficult to see how Da Nang Harbor is an inland
waterway for one veteran but not an inland
waterway for another veteran. This raises
substantial due process concerns, because the
Constitution guarantees equal protection under the
law, and two veterans who were both present in Da
Nang Harbor should not be treated differently by the
VA. This is not only unfair; it is completely arbitrary
because the VA is not able to point to any authority
other than its own internal policies as to why Da
Nang Harbor is not an inland waterway.
Page 12 of 15 Cont.
In fact, in 1967, as part of the United Nations Law of
the Sea Conventions, the boundary line of a nation’s
inland water at the location of a harbor was defined
as the line between the natural entry points to the
harbor as long as the entry points are no more than
24 miles apart. The opening to the sea of Da Nang
Harbor is only 4.24 miles wide, as illustrated in the
attached.
~January 21, 2015/ by Matthew Hill
~ submitted by Nancy Switzer
Upcoming Agent Orange Town Hall
Meetings 2015
March 12, 2015 Lake Havasu, Arizona 1:00 pm-4:00
pm Knights of Columbus 186 London Bridge Road
Lake Havasu City, AZ 86403
Contact: Casey Farrell Email: [email protected]
March 24, 2015 Florida Highlands County 6:00 pm to
9:00 pm Betr J. Harris Agricultural Center 4509 George
Blvd, Sebring, Florida 33852 Contact : Rod Phillips 386-
690-9553 or Marvin Desselle 863-214-0601
March 25, 2015 Florida Okeechobee County 7:00PM
Okeechobee High School 2800 N. Hwy. # 441
Okeechobee, Fl. 34972 Contact: Dan Hunt Chapter# 1086
Phone: 863-447-3662 Email: [email protected]
March 26, 2015 Florida Martin County 6:30 pm Stuart
City Hall 121 SW Flagler Avenue Stuart, FL 34994-2140
Hosted by Chapter 1041 and Chapter 566 (Port St Lucie)
Contact : Rod Phillips 386-690-9553
Lew Jones 561-379-6387
March 27, 2015 Florida Duval County
VVA Chapter 1046, 1059, 1084 6:30 Pm
7235 Bonneval Road Jacksonville, Florida 32256
Contact : Les Bertrand [email protected]
Mary Anne Newman [email protected]
March 28, 2015 Florida Nassau Count VVA Chapter
1088 2:00-5:00PM 1st Baptist Church of Fernandina
Beach, FL 1600 South 8th Street Fernandina Beach, FL
Contact : Rod Phillips 386-690-9553
John Scherer 912-320-7840
April 18, 2015 Roseville, Michigan 12:00 pm Noon-2:00
Pm American House 17255 Common Road Roseville, MI
Contact: Steve Bago 586-419-2212 VVA Chapter 154
April 25, 2015 Harrisburg, Pennsylvania 6:00-9:00
p.m. VVA Chapter 542, 8000 Derry Street Harrisburg, PA
17111 Contact: Richard Burton 717-545-2336 or Bobbie
Morris 724-643-5725
April 25, 2015 Richfield, Minnesota 9:00 am-3:00 pm
American Legion Post 435 6501 Portland Avenue
Richfield, MN Contact: Carl L. Powers, Jr.
512-408-9220 cell [email protected]
https://www.facebook.com/pages/Faces-of-Agent-
Orange/187669911280144
Page 13 of 15 Cont.
Hints for All My Cooking Friends
M H
M. To keep potatoes from budding, place an apple in the
bag with the potatoes.
H. Buy mashed potato mix. Keeps in the pantry for up to
a year.
M. When a cake recipe calls for flouring the baking pan,
use a bit of the dry cake mix instead and there won't be
any white mess on the outside of the cake.
H. Go to the bakery! Heck, they'll even decorate it for you!
M. Wrap celery in aluminum foil when putting in the
refrigerator and it will keep for weeks.
H. Celery? Never heard of it!
M. Cure for headaches: take a lime, cut it in half and rub
it on your forehead. The throbbing will go away.
H. Take a lime, mix it with tequila, chill and drink! All
your pains go away!
M. Don't throw out all that leftover wine. Freeze into ice
cubes for future use in casseroles and sauces.
H. Leftover wine???????HELLO!!!!!!
LOOK CLOSELY!!
The Updates staff does not want to name this
gentleman, even though he is showing his ingenuity
when getting rid of the snow. Yes, ingenuity
(WHAT?) …..it’s a leaf blower. As his wife said,
“My husband thinks using a leaf blower would be
easier than a shovel.” Wow, Bobbie, you have a
smart one!!
Boy, that snow in PA was something! Who knows,
he may be onto something!
Every snowflake has its own unique shape
and is different than all other snowflakes.
All snowflakes have six sides.
Snowflakes aren't always white. Years ago,
when coal was used in factories and homes,
snow was often grey because the coal dust
entered the air and was absorbed by the
clouds.
The largest snowflakes ever recorded fell in
the state of Montana in the United States of
America. The snowflakes were 15 inches in
diameter.
LAUGHTER – THE BEST MEDICINE
Page 14 of 15 Cont.
The snow capital of the United States is
Stampede Pass in Washington State. Each
year, the average snowfall is 430 inches.
The average snowflake falls at a speed of 3.1
miles per hour. [5kph]
It is a blizzard when you can't see for ¼ mile;
the winds are always 35 miles an hour or
more, and the storm must last at least 3
hours to be classed as a blizzard. If any of
these conditions are less, it is only a
snowstorm.
Billions of snowflakes fall during one short
snowstorm.
Did you know that snowflakes are made up
of ice crystals? This is a close up photograph
(below) of a snowflake forming out of ice
crystals and was taken by JJ Schad.
Ingredients
Twinkies or cloud cakes mini pretzels large marshmallows bunny peeps vanilla icing sprinkles
First you need to take the cloud cake and put on a
plate. Then take 2 large marshmallows and cut them
in half. Take some icing and use it as glue to attach
them to the side of the cloud cake. Next cut out a spot
on the cloud cake to fit the mini pretzel and bunny
peep. Lastly take sprinkles with a little of icing,
attach to the center of the marshmallows. Now you
have a bunny race car.
Page 15 of 15 Cont.
Get rid of those marks on your trays by putting about 1/4 cup of baking soda in a small glass bowl and squirt in hydrogen peroxide until it makes a nice paste. Rub it on the offending dirt/stain/grease using a small sponge or cloth. Rinse and admire how shiny and clean it looks!
*source unknown
1/2 gal. Chocolate milk 1 (14 oz.) can Eagle Brand milk 1 (8 oz.) Cool Whip Mix well and freeze. Mixture does not get hard, more like a thick milk shake. If mixture freezes – thaw and blend again.
Hummingbird feeder solution is easy to make: 1 part plain white sugar to 4 parts water (e.g., 1 cup sugar with 4 cups water). Bring it to a boil to to kill any bacteria and allow it to cool completely before putting it into the feeder. Important tips!--Keep the ratio exactly as listed. If you dilute the solution with more water, they’ll have to drink too much and won’t get enough nutrients.
Only use plain white granulated sugar. Don’t use brown sugar, agave nectar, honey–which can kill hummers–or powdered sugar, which contains cornstarch.
Don’t add any food coloring to the water. The feeder has plenty of color to attract them, and the birds can’t process all the chemicals in the food coloring.
Ideas that May Help Make Life Easier
