Associates of Vietnam Veterans of America, Inc. Inc.Inc.

Winter 2014

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. Updates Issues: 2014 Winter Issue Spring issue Summer Issue Fall Issue

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.

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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.

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/

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 . Over the next few months, there will be at least one notice per month regarding the Convention and the National Elections.

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Feature Articles~ Good Deeds

"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."

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.

~ 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. Page 3 of 15

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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.

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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 BlohmWeber 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.

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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.

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

Carol Fischer and Cheryl Stallard will be setting up. 50th Anniversary Veterans.

Salute

to

Vietnam

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.

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.

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, Page 6 of 15

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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. 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.

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

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.

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.

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.

Utah ~ VVA Ch. 1079 Dennis Howland President

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.

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 7 of 15

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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.

Memorial Fund

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.

The Vietnam Memorial Fund has an In Memory Program where you may submit your loved one for consideration in 2015.

Chapter 1079 AVVA is always involved in all the projects and works side by side with the VVA

Have you lost a loved one due to their service in Vietnam?

Application and more information can be found at: http://www.vvmf.org/InMemory_Apply Deadline for this year’s program is April 6, 2015.

IMPORTANT DATES TO REMEMBER   

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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]

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 Page 8 of 15

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AVVA National Elections - Everything that you need to know about the National Elections  

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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

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

KEEP UP WITH LEGISLATION

VETERAN

RELATED

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-ofVietnam-Veterans-of-America/11008998239199

Committee Reports

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.

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

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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-finallyadmit-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 10 of 15

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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 11 of 15

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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.

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]

~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 386690-9553 or Marvin Desselle 863-214-0601 [email protected] 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

https://www.facebook.com/pages/Faces-of-AgentOrange/187669911280144 Page 12 of 15

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LAUGHTER – THE BEST MEDICINE

LOOK CLOSELY!!

Hints for All My Cooking Friends

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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!!!!!!

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.

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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.

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Ideas that May Help Make Life Easier

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

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.

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. Page 15 of 15

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