History, Controversy & Remedy
Hmong Burial and Memorial Benefits in National Cemeteries
Historical Background
The Battle for Recognition: Granting Hmong Special Guerrilla Unit Veterans Access to VA Benefits
Legislative Background
The CAVWV's entry and role in the resolution of the contriversy.
Initially the CAVWV had no role or really any interest in the burial and pursuit of VA benefits for Forign national allies. It had always been the role of the CAVWV to provide fellowship and educate the public of the historical accounts of the war to all who were interested in the war especially to the younger generation who had scant little information from educational institution going up in the United States. Since the CAVWV had United States Veterans as members it was believed that any VA benefits were sacrosanct and only available to those veterans. It was not until 2018 the CAVWV was asked to investigate the Hmong burial benefit awarded them and that was generally regarded as not a viable benefit to be awarded to any foreign national Allie. The event that follow are an accumulation of information obtained by and the role the CAVWV played in the story of this controversy.
by Scott Walker
Initially the CAVWV had no role or really any interest in the burial and pursuit of VA benefits for Forign national allies. It had always been the role of the CAVWV to provide fellowship and educate the public of the historical accounts of the war to all who were interested in the war especially to the younger generation who had scant little information from educational institution going up in the United States. Since the CAVWV had United States Veterans as members it was believed that any VA benefits were sacrosanct and only available to those veterans. It was not until 2018 the CAVWV was asked to investigate the Hmong burial benefit awarded them and that was generally regarded as not a viable benefit to be awarded to any foreign national Allie. The event that follow are an accumulation of information obtained by and the role the CAVWV played in the story of this controversy.
by Scott Walker
Early interest in providing Congressional recognition and Veteran Administration benefits to Hmong Veterans.
Proposed, supported and lobbied by a number of Hmong organizations among whom the USNDC-United States National Defence Corps and CL Joseph Potter, ASAF (Ret), was most enthusiastic introduced legislation that would provide Hmong veterans United States Veteran benefits. Championed by Congressmen James Costa (D) Fresno, CA, IN the United States House or Representatives and Senators Lisa Murkowski (R) Alaska, & Amy Kloburchar (D) Minnesota in the United States Senate who all representing large Hmong populations introduced legislation providing some of what the Hmong were asking for.
Introduction and reintroduction of Congressional Legislation over several Congressional Cycles.
The legislation did not gain much support as many Congressman pointed to the inability of the Hmong to provide proof of service. It was known that no records were kept by the United States and no records existed in Laos listing allied personal who served with the United States and who could be positively identified as an Allie. Much later when the CAVWV began investigating the controversy it became known In an interview on CSPAN that some records kept at MACV-Laos Headquarters In Vientiane may have listed the identities of those who fought with the United States in Laos.. Gen. Richard Trefry stated that he send all records in Laos to the Army War College in Pennsylvania when the United States closed those Headquarters in 1975, Having learned of this interview the CAVWV requested access to those records but it was told to us at the time that those records were out to be digitized. It was also learned that time that some CIA case officers kept payment index cards of all those allies they who received funds payed to Lao operatives. It is not known if any of these records survived the war. No other official U.S.records are known to exist. As all operations were of a clandestine nature it would not be to any ones benefit at the time to keep records espesicaly after the withdraw of U.S. personal. Such records if fallen into the wrong hands would have put many in grave danger. All introduced and reintroduced legislation seemed to be dead. However very election year a new updated Hmong Bill would resurface.
Former CIA Case Officer Bill Lair and the DD214 Controversy
As time progressed, legislation stalled and with no resolution to the identity issue forthcoming, former CIA case officer Bill Lair was alleged to have signed blank U.S. DD 214 forms for Hmong Veterans. If these forms were accepted by the U.S. Government it would have qualified those veterans for VA benefits. VA regulations allows United States Veterans to identify fellow soldiers by identifying and sign a DD-214 for that purpose. It was also alleged that other U.S. Veterans practiced this same service for the Hmong.
Stolen Valor and the Selling of Rank
About this same time it was alleged that complaints to FBI were occurring presumably by U.S. Veterans about stolen valor and the selling of rank by the USNDC and other organizations to foreign national allies. It was well known in Hmong Veterans that Gen. Vang Pao sold rank in order to raise funding for his various projects. Many Hmong veterans began attending Veteran functions with retired U.S. Army Uniforms, displaying U.S. rank and dawning U.S. Medals. Soon after the practice became know the practice subsided but not entirely. Some Foreign National Veterans still can be seen with U.S. rank and medals display on uniforms.
Veterans Administration - DOD investigation into fraudulent Hmong DD-214's
As more DD-214 forms began arriving at the VA an investigation ensued seeking the source of the fraudulent DD-214's.
This practice has now also subsided.
This practice has now also subsided.
Hmong Veterans continue to seek VA benefits including Medical and Burial rights
Over subsequent years and encouraged by Congressional Legislation repeatedly introduce on thier behalf the Hmong continued to seek and believed they would receive VA benefits.
March 28, 2018
Controversy now well exposed and flaws in the language identified.
Closer scrutiny of the amended law revealed a major flaw. The benefit is only affords to those Lao and Hmong who immigrated to the United States after the year 2000, Siting the Hmong Immigration act of 2000 which was used to determine the identity and record of service. This seemingly satisfied the major stumbling factor in all previous legislation. However this omitted all veterans who emigrated to the United States before the year 2000 and therefore did not qualify for the benefit.
Congressman James Costa introduces new law attempting to remedy the controversy.
Senators Murkowski and Kloburchar, Chief sponsors in the Senate Bill struggle to remedy the flawed language.
On many occasions over the subsequent years veterans contacted both Sen.'s Murkowski and Klobuchar office to see if they the bill fixed. Most often no returned correspondences was forthcoming and on the rare occasion a conversation with a staff member occurred their comment and conclusion was that they are working on a solution. In the mean time more and more veterans passed into history.
CAVWV creates addendum to VA pre burial application Form 40-10007 & CAVWV addendum tool.
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September 18, 2018,
In an attempt to assist in identifying and authenticateing foreign national veterans service, three test cases were submitted to the VA using this addendum. Each case had a bonified well documented foergn national allie who performed equal to or supiour service than any Hmong who were awarded the honor provide by PL 115-141, Division J, Title II, Section 251. |
CAVWV Test Cases
September 18, 2018,
Using the new addendum the CAVWV submitted three test cases of deserving veterans to be awarded the same honor as the Hmong. Each test case reprinted a different ethnicity who were trained and served along side U.S. Forces in Laos, Cambodia and Vietnam.
Using the new addendum the CAVWV submitted three test cases of deserving veterans to be awarded the same honor as the Hmong. Each test case reprinted a different ethnicity who were trained and served along side U.S. Forces in Laos, Cambodia and Vietnam.
Applications denied
All test cases were denied approval as all did not at that time meet the lawful qualifications. .
Repeated calls, letters and emails to Chief Authors of the legislation.
Over the subsequent years Veterans, principally, Insixiengmay Khao and the CAVWV pursued a remedy for the injustice of omission.
Many inquiries to Congressmen and Senators were unanswered, others were of a polite nature stating their office continued to work on the issue.
Many inquiries to Congressmen and Senators were unanswered, others were of a polite nature stating their office continued to work on the issue.
February 8, 2022
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February 28, 2022
National Cemetery Administration - Facts: Hmong Burial and Memorial Benefits
On March 23, 2018, President Donald Trump signed Public Law 115-141 (Consolidated Appropriations Act, 2018), which at Div. J, Title II, Section 251, amended Title 38 United States Code (U.S.C.) Section 2402 to add a new category of persons eligible for interment in Department of Veterans Affairs (VA) national cemeteries.
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VA Benefits Eligibility for Hmong Individuals
The new category of persons eligible under 38 U.S.C. § 2402(a)(10) includes individuals who:
NOTE: * During the Vietnam War, special guerilla units and irregular forces in Laos were directed by the Central Intelligence Agency to disrupt North Vietnamese supply lines, rescue downed United States pilots, and protect the Laotian government from falling to the Communist Pathet Lao. Following the war, some of the individuals who served in these units were relocated to the United States as refugees and were provided an expeditious route to citizenship under the Hmong Veterans' Naturalization Act of 2000, P.L. 106-207, as amended by P.L. 106-415, ("2000 Act") (codified at 8 U.S.C. § 1423 note). The 2000 Act applied only to individuals who served in these special guerilla units and their spouses who applied for naturalization between May 26, 2000, and November 26, 2001, and to surviving spouses of individuals who served in these special guerilla units who were killed or died in Laos, Thailand, or Vietnam who applied for naturalization between November 1, 2000, and May 1, 2002. |
September 5, 2023
Unknown to the CAVWV the burial regulations were amended adopting much of CAVWV eligibility criteria.
On September 5, 2023, PL 115-141 - Part 38 was amended to include all Lao and Hmong veterans eligibility.
However the controversy continues as Khampuchea Krom, Montagnard and Vietnamese veterans who also fought in the Secret War and who also performed clandestine missions with U.S. forces in Cambodia, Laos and North Vietnam have not been afforded the benefit.
However the controversy continues as Khampuchea Krom, Montagnard and Vietnamese veterans who also fought in the Secret War and who also performed clandestine missions with U.S. forces in Cambodia, Laos and North Vietnam have not been afforded the benefit.
Appeals still unanswered by Veterans Administration the CAVWV contacts Sen. Klobuchar yet again. Asks if she would contact the VA on our behalf.
October 2023,
After repeated calls and inquiries to Sen. Murkowski and Kloburchar, Sen. Kloburchar responded where we asked her office to inquire about the appeals. Her office made the inquiry to the VA. The VA responded tp her inquiry. What was conveyed to us by the Senator can be found below. It was revealed in that email that amended language to the law had been adopted and our first test case denial ws reversed on appeal and the benefit was granted.
After repeated calls and inquiries to Sen. Murkowski and Kloburchar, Sen. Kloburchar responded where we asked her office to inquire about the appeals. Her office made the inquiry to the VA. The VA responded tp her inquiry. What was conveyed to us by the Senator can be found below. It was revealed in that email that amended language to the law had been adopted and our first test case denial ws reversed on appeal and the benefit was granted.
January 22, 2024,
Senator Kloburchar's email explaining the VA's rational in overturning the denial.
PL 115-141-par 38 amended, expanding eligibility. September 5, 2023In short the Veterans Administration was only authorized to grant burial to Hmong individuals if they were naturalized under the Hmong Veterans’ Naturalization Act of 2000. Meaning, their they had to apply for naturalization between May 26, 2000 – May 26, 2003. Mr. Insixiengmay was naturalized before those dates which originally resulted in denial, until 38.619 was updated.
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Test case update
November, 2023 - Insixiegmay Khao Case, Lao Commander and SGU Veteran.
denial overturned on appeal benefit awarded.
January, 2024 - Vila Chau Case, Kampuchea Krom Veteran.
denial overturned on appeal benefit awarded.
Tran Van Quy Case, South Vietnamese OPLAN 34 Alpha mission specialist.
appeal pending.
We continue to fight for our long forgotten allies.