Resolution No. 301 SUPPORT THE ERECTION OF A MEMORIAL TO DESERT SHIELD/DESERT STORM VETERANS IN WASHINGTON, D.C.

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1 Resolution No. 301 SUPPORT THE ERECTION OF A MEMORIAL TO DESERT SHIELD/DESERT STORM VETERANS IN WASHINGTON, D.C. WHEREAS, the proposal for such a memorial has already been presented to the United States Senate in Senate Bill 5995 and the United States House of Representatives in HR503; and WHEREAS, the project will be totally funded from private donations; and WHEREAS, the only item needed from the federal government is an appropriate piece of public property on which to construct the monument, whether on the National Mall or not; and WHEREAS, to add impetus to beginning this project, the support of a major Veterans Support Organization is desirable; now, therefore BE IT RESOLVED, by the Veterans of Foreign Wars of the United States, declares its support of such a monument to the veterans of Desert Shield/Desert Storm. Submitted by Department of North Carolina

2 Resolution No. 302 JOINT INSTALLATION WHEREAS, the Veterans of Foreign Wars of the United States of America has established a procedure for the Installations of a Post, Districts, and Departments in the Veterans of Foreign Wars Rituals; and WHEREAS, the Veterans of Foreign Wars of the United States of America Posts, Districts and Departments, try to hold Joint Installations with Auxiliaries, without a uniform protocol or procedure; now, therefore BE IT RESOLVED, that the Veterans of Foreign Wars of the United States of America, shall create a standard protocol and procedure that may be used for a Joint Installation, in the Veterans of Foreign Wars Ritual. Submitted by Department of Michigan

3 Resolution No. 303 SUPPORT EFFORTS TO INCLUDE 74 SAILORS KILLED ON USS FRANK E. EVANS ON THE VIETNAM VETERANS MEMORIAL WALL WHEREAS, Public Law , (94 Stat, 827), authorized the Vietnam Veterans Memorial Fund to construct a memorial to honor and recognize armed forces service in the Vietnam War; and WHEREAS, the memorial fund relied upon the Department of Defense to compile the list of names and the criteria for those persons to be memorialized; and WHEREAS, as of February 1981, the Department of Defense established four distinct criteria for names to be included on the memorial; and WHEREAS, Secretary of Defense shall decide (as defined in Section 101 (2), of Title 38 United States Code), veterans who died as a direct or indirect result of military operations in Southeast Asia and whose names are eligible for inclusion on the memorial. Congressman Adam B. Schiff presented evidence and petitions in an audience with the Secretary Of The Navy Mabus. The evidence documented the tragic accident that destroyed the Frank E. Evans and killed 74 of her Sailors on June 3, The evidence included actual position, course, and, reason for being there, Secretary Mabus whole heartedly agreed. He is currently petitioning the Secretary of Defense, whose office serves as the final decision authority, to review the case and consider the points we have raised; and WHEREAS, the date of the collision corresponds to the criteria for the Vietnam Service Medal and the USS Frank E. Evans was awarded the Vietnam Service Medal for the dates 2-6 June 1969 along with the ships that came to her rescue. The ships that came to the Evans aid were USS Everett F. Larson DD830, USS Kearsarge CVS 33, USS Walke DD723, USS James E. Kyes DD787, plus tug Tawasa ATF 92. The tug was sent to pull the remaining after half of the ship to Subic Bay. The ships, the men on the ships, and the sailors killed on the Evans because where they were and why, are entitled to Vietnam Service Medal. The criteria for Vietnam Service Medal are identical to the criteria for inclusion on the Vietnam Veterans Memorial "Wall"; now, therefore BE IT RESOLVED, by the Veterans of Foreign Wars of the United States, that we fully support a favorable decision from the Department of Defense to include the 74 names on the Vietnam Veterans Memorial. Passage of this resolution in no way commits any liability or costs to the Veterans of Foreign Wars. Submitted by Department of Arizona

4 Resolution No. 304 COLD WAR SERVICE MEDAL WHEREAS, many men and women of our Armed Forces have served in many lands during the Cold War representing the United States; and WHEREAS, these men and women have been all but forgotten; and WHEREAS, these individuals should be justly recognized and awarded for their service for the period covering September 2, 1945 December 26, 1991; and WHEREAS, if any of these service personnel served on active duty for at least 24 consecutive months during the above period, or if they were deployed outside the continental United States for at least 30 days, or performed other Cold War Service s as the Secretary of Defense/DOD may have prescribed; and WHEREAS, Bill number H.R (latest title of Cold War Service Medal Act of 2011) was introduced on 5/24/2011 with 17 co-sponsors; and WHEREAS, a related bill S: 402 has also been introduced and has been referred to the Subcommittee on Military Personnel; now, therefore BE IT RESOLVED, by the Veterans of Foreign Wars of the United States, goes on record (with other Veteran organizations), asking that the Secretary of Defense expedite the design of a (Cold War) Medal, as well as be responsible for its issuance to eligible members. Submitted by Department of New York

5 Resolution No. 305 AWARDING THE VIETNAM SERVICE MEDAL FOR OPERATION END SWEEP WHEREAS, Operation End Sweep in Vietnam waters occurred between 24 February and 18 July 1973 by the sweeping of minefields in Haiphong Harbor and later the Vinh water-ways; and WHEREAS, the Secretary of the Navy presented the MERITORIOUS UNIT COMMENDATION to the Marine Medium Helicopter Squadron165 for their participation in Operation End Sweep; and WHEREAS, 28 March 1973 was the cut-off-date for awarding the Vietnam Service Medal although it was offered to evacuation vets 28 years later; and WHEREAS, those participating in Operation End Sweep after 29 March 1973 were denied the Vietnam Service Medal; now, therefore BE IT RESOLVED, by the Veterans of Foreign Wars of the United States, that we petition Congress to enact legislation that will provide for the awarding to those veterans that participated in Operation End Sweep after 29 March 1973 the Vietnam Service Medal. Submitted by Department of New York

6 Resolution No. 306 RELEASE OF 1 st Lt. MICHAEL BEHENNA WHEREAS, 1 st Lt. Behenna was charged at an Article 32 hearing of Premeditated Murder of a known Al Qaeda operative Ali Mansur while in custody; and WHEREAS, 1 st Lt. Behenna was ordered to return known Al Qaeda operative Ali Mansur to the Operational area (AO) and release him in accordance with the Catch & Release program of suspects not having enough evidence to continue to hold them in custody for prosecution; and WHEREAS, 1 st Lt. Behenna took the known Al Qaeda operative back to the AO in handcuffs. Once inside the AO, he removed the handcuffs, stripped the suspect, and began to question the known Al Qaeda operative at gunpoint (in order to maintain control) as to his knowledge of the recent IED attack that had cost 1 st Lt. Behenna the lives of two of his men, and two more seriously wounded; and WHEREAS, according to 1 st Lt. Behenna, Al Mansur lunged at the lieutenant; whereupon the lieutenant fired two control shots, killing the known Al Qaeda operative Ali Mansur; and WHEREAS, the Army claimed 1 st Lt. Behenna lost his right to self-defense as a result of pointing a firearm at the suspect for control, having removed the handcuffs from the suspect. Also in question was whether the suspect was executed in a sitting position or was attempting to disarm the Lieutenant, and cause bodily harm to 1 st Lt. Behenna and others; and WHEREAS, the dispute and credibility factor surrounded the fact of whether the known Al Qaeda operative was in a defenseless sitting position or in an aggressive attack mode? The dispute came down to the unwavering statement of 1 st Lt. Behenna, and that of the Iraqi interpreter who because of the darkness and distance from the culvert could not provide a definitive statement as to what happened at the moment of the shooting; and WHEREAS, the prosecution sent home their expert forensic witness whose testimony would have proven to be exculpatory evidence of self-defense on the part of 1 st Lt. Behenna; and WHEREAS, lacking the exculpatory evidence of the prosecutions forensic expert on blood splatters and bullet trajectory; 1 st Lt. Behenna was denied a fair trial, up to and including the request for a writ of Certiorari from the Supreme Court; the final attempt at his Constitutional right to Due Process; now, therefore

7 Resolution 306 page 2 continued BE IT RESOLVED, by the Veterans of Foreign Wars of the United States, that we support 1 st Lt. Behenna and because he was convicted under such questionable circumstances of an alleged crime in a fast-moving and fluid combat zone against a member of the most feared enemy in the world, we desire that 1 st Lt. Behenna be released from prison immediately to attempt to pick up the pieces of his life. Submitted by Department of South Dakota

8 Resolution No. 307 PURCHASE OF U. S. MADE PRODUCTS WHEREAS, the Veterans of Foreign Wars of the U. S. during solicited funds from the membership to support VFW National Veterans Service along with a decal reading Hands Off Veterans Benefits! in an envelope stating Designed in USA, Made in China ; and WHEREAS, many members of the Veterans of Foreign Wars of the U. S. served in Korea and Vietnam and fought against Chinese troops, equipment and munitions; and WHEREAS, the use of the Made in China decal is an insult to those Korean War and Vietnam War veterans; and WHEREAS, use of products Made in China serves to assist that nation in building its military to a level that is a threat to the United States; now, therefore BE IT RESOLVED, by the 10 th District, Department of Kentucky, Veterans of Foreign Wars of the United States at its General Meeting held on January 20, 2013 at VFW Post 8666, Carlisle, Kentucky, that the Veterans of Foreign Wars of the U. S. and its entities use only U. S. made products, prizes and/or premiums in its solicitations for funds and require same in contracts with vendors; and BE IT FURTHER RESOLVED, that this resolution be adopted by the Department of Kentucky, Veterans of Foreign Wars of the United States at its 2013 Department Convention and the Veterans of Foreign Wars of the United States at its 2013 National Convention. Submitted by Department of Kentucky

9 Resolution No. 308 ACCEPT THE HONOR AND REMEMBER FLAG FOR THE AMERICAN GOLD STAR MOTHERS AND FAMILIES WHEREAS, it is in our nation s best interest to promote awareness of American lives lost in defense of our country; and WHEREAS, the American flag is the main symbol promoting aforementioned awareness, it shall never be replaced at any funeral, ceremony, celebration or event of any kind; and WHEREAS, the Honor and Remember flag has been created by a Gold Star family out of the pain of the loss of their hero. It is to be only an additional remembrance and comfort for the Gold Star families, while assisting the American flag in heralding the cost of freedom; now, therefore BE IT RESOLVED, by the Veterans of Foreign Wars of the United States of America, that we accept the Honor and Remember Flag solely as an additional support to the American flag in promoting the awareness of American heroes lost defending our country, in the name of the American Gold Star mothers and families. Submitted by Department of New Jersey

10 Resolution No. 309 UNITED STATES COAST GUARD ENLISTED MEMORIAL WHEREAS, the United States Coast Guard is a branch of the United States military and is approaching its 100 year anniversary under its current designation in 2015; and WHEREAS, since 1915 over 1500 enlisted personnel have given their lives while on active duty in carrying out their missions; and WHEREAS, the Coast Guard enlisted Association has established the Coast Guard Enlisted Memorial foundation, a nonprofit 501 (C.) (3) organization to plan, design and build a fitting memorial that will represent the sacrifice of over 1500 coasted enlisted men and women; and WHEREAS, the monument will be located at the Coast Guard Training Center, Cape May, New Jersey, the only basic training center for the Coast Guard; and WHEREAS, the estimated cost for the memorial is $500,000 with a completion date to coincide with the hundred anniversary celebration; and WHEREAS, the Coast Guard is the smallest of our military branches with 40,000 personnel; and WHEREAS, the members of the Coast Guard when serving abroad at appropriate times and receiving honorable discharges are eligible to be members of the Veterans of Foreign Wars; and WHEREAS, having a significant memorial, symbolizing the sacrifice of the United States Coast Guard enlisted personnel, at it s only training, is a worthy endeavor; and WHEREAS, with a limited personnel base it is reasonable to have support from veterans organization that Coast Guard personnel are eligible to hold membership in; now, therefore BE IT RESOLVED, by the Veterans of Foreign Wars of the United States, that at all approving levels give support to the creation of the Coast Guard Enlisted Memorial by making their respective memberships aware of the worthiness of the project and encouraging financial support by whatever way their respective membership desires. Submitted by Department of New Jersey

11 Resolution No. 310 ENOURA MARU TRAGEDY COMMEMORATIVE MARKER AT THE PUNCHBOWL CEMETERY WHEREAS, on January 9, 1945 the Japanese cargo ship Enoura Maru referred to by the POWs as a hellship was anchored in the harbor of Kaohsiung, then known as Takao in the Japanese period, while en route to Japan transporting allied POWs from the Philippines to work as slaves for the Japanese war effort; and WHEREAS, it was the same morning as Gen. MacArthur s forces were landing at Lingayen Gulf, and carrier aircraft from the USS Hornet had been dispatched to attack Japanese bases in Southern Taiwan in an effort to prevent intervention by the Japanese based there. In addition to attacking airfields, the port of Takao was also bombed and since the Japanese did not mark their POW transports in any way to show they were carrying POWs, the Enoura Maru was bombed but not sunk, resulting in the loss of more than 300 lives; and WHEREAS, after three days with no medical care or attention provided by the Japanese, the dead were removed from the ship and buried in a mass grave on Chijin Island the spit of land that surrounds the west side of Kaohsiung Harbor today. There they remained until the war ended; and WHEREAS, late spring of 1946 the American War Graves Recovery Team came to Takao and removed the remains from the mass grave and tried to identify the men. Only three were identified and the remains were then sent to Shanghai to the War Graves Recovery Center. After further attempts at identification the remains of those men, plus a number of others who had first been buried in Taiwan and elsewhere 400 sets of remains, were shipped to the Punchbowl Cemetery in Hawaii; and WHEREAS, when no further identification was possible all 400 were buried in 20 communal graves in Section Q Section 854 of the cemetery. There they rest in peace today, but are otherwise not identified or commemorated in any way for their sacrifice; and WHEREAS, after the Taiwan P.O.W. Camps Memorial Society held commemorative services and built a memorial at Kaohsiung Harbor to honor and commemorate the POWs who had suffered and died aboard Japanese hellships in Taiwan waters, and particularly in the bombing of the Enoura Maru, requests from the family members of those men in the United States contacted the Society to see if something could be done to further identify the final resting place and honor the men who died on that hellship on January 9, 1945; now, therefore BE IT RESOLVED, after many attempts by the Taiwan P.O.W. Camps Memorial Society it is only the one word hellship a common and well-known name for the Japanese POW ships, that the director of the Punchbowl and the VA are using to prevent over 300 allied POW veterans from being properly honored and remembered in the very cemetery in which they rest in peace; and

12 Resolution - page 2 - continued BE IT FURTHER RESOLVED, that the Veterans of Foreign Wars of the United Sates urges VFW Departments to support the Taiwan P.O.W. Camps Memorial Society in their efforts to erect a commemorative stone on the Memorial Walk at the Punchbowl Cemetery in Honolulu, Hawaii by endorsement of this resolution during the 114 th VFW National Convention. Submitted by the Commander-in-Chief

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