​History, Controversy & Remedy

Hmong Burial and Memorial Benefits in National Cemeteries

Section I.   -  Historical Background

Veterans from Laos: War, Remembrance, Ritual, Rank, Racism, and the Making of Hmong and Lao America 

​by Ian Baird and Paul Hillmer, Hmong Studies Journal, 21(2020): 1-37.

Section II.   -  Legislative Background 

The CAVWV's entry and role in the resolution of the controversy.
​
      Initially the CAVWV had no role or really any deep interest in the pursuit of VA benefits for foreign 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, especially for the younger generation who were getting little information from United States educational institutions. Since the CAVWV had United States Veterans as members it was believed that all VA benefits were sacrosanct and only available to United States veterans. It was not until 2018 the CAVWV learned of and was asked to inquire about burial benefits awarded to Hmong SGU soldiers codified in the Consolidated Appropriations Act of 2018,  PL 115-141, Division J, Title II, Section 251. The events and accounts that follow are an accumulation of information obtained by the CAVWV and the role they played in the story of this controversy.

​Early interest in providing Congressional recognition and Veteran Administration benefits to Hmong Veterans.

​Proposed, supported and lobbied by the USNDC-United States National Defence Corps, CL Joseph Potter, ASAF (Ret) and a number of Hmong organizations legislation was introduced in Congress that would provide Hmong veterans compensation for services rendered as United States as surrogate combatants. Monitary compensation, medical and burial benefits in United States National Veteran Cemeteries was sought.  Championed by Congressmen James Costa (D) Fresno, CA, and Senators Lisa Murkowski (R) Alaska, & Amy Kloburchar (D) Minnesota who 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 as told to a Coalition delegation of foreign national veterans in a 2013 meeting with Congressman Jeff Miller's Chief of Staff, Congessman Jeff Miller was at the time the Chairman of the House Armed Services committee. It was known that no records were kept by the United States Department of Defence, United States Army, or CIA  listing allied personal who served with the CIA, MACV SOG or trained by the United States Special Forces who could be positively identified as surrogate combatants. When the CAVWV began inquiring about the controversy it became known of an interview on a CSPAN broadcast in 1996 titled CIA Opperation in Laos, that some records had been sent by Gen. Richard Trefry to Gen. James Collins at the Army War College in Carlile, PA when he was closing U.S. Headquartes in Vientiane, Laos. Having learned this from the broadcast the CAVWV contacted the Army War College and requested access to those records but was told at the time that those records were out to be digitized. It was thought at the time that in light of Gen. Trefry's accounts an inquiry was at least warrented regardless of outcome. as sstated earlier It was long understood that no records of individuals were never kept by the CIA because if any names had fallen into enemies hands it would have resulted in certain death of those identified. No list of names are known to exist. Reiterating that all CIA operations were of a clandestine nature it would not be to any ones benefit to keep records espesicaly after the withdraw of U.S. personel. Therefore all introduced and reintroduced legislation seemed to be dead.  Yet, as subdquent Congressonal election cylcles came and went, a new updated Hmong Bill would resurface.

Former CIA Case Officer Bill Lair and the GU form 214 Controversy

It was learned that several years earlier efforts had been initiated by former CIA and retired military officers who had a deep interst in the Hmong SGU effort. As time progressed and legislation stalled, the identity issue seemed insurmountable. It was rumored that former CIA case officer Bill Lair allegedly signed blank GU form 214's "Certificates of Release from Special Guerrilla Unit (SGU) Active Duty". It had also been rumored that a concerted effort by several SGU veterans and their associated organizations thoughout the United States were submitting or had submitted Certificates of Release from Active Duty forms GU 214 as a form of identity with applications to the Veterans Administration for benifits. An official VA form DD 214 would be needed to identify a benificiary. Allegedly in the attempt to help identify SGU soldiers before his death in 2014 these forms were being used.  Hmong veterans who held Bill Lair in high esteem and unimpeachable trust are alleged to have used these fraudulent forms as evidence of service to be used as needed in obtaining benefits from the Veterans Administration and other government entities.  If these forms were accepted by the U.S. Government it was likely to have qualified them for benefits therefore achieving the goals set forth in legislation. It had been told to CAVWV inquirers that unverified VA regulations in certain insidences allowed for United States Veterans to sign VA applications in order to establish the identiy of an applicant. This GU form 214 effort might have been used to positively identify SGU soldiers for Veteran Administration purposes. This may have been the motivating factor Bill Lair and other United States Veterans used to assist in the Hmong effort for recognition and benifits.  Later In 2018 the CAVWV was contacted by the Veterans Administration Fraud Investigation Agency, Office of Inspector General in Tampa, FL  which probes waste, fraud, abuse and mismanagement in VA healthcare, benifits and operations asking them what information they might provide regarding false DD 214's. The VA IOG office did not specify GU form 214 at the time.

Federal Statute;  18 U.S.C. § 1001 (False Statements to the Government)

GU Form 214 ( Guerrilla Unit ) 
​Heavily redacted GU form 214 which appears to bee mechanically stamped by Colonel Jame W. Lair & notarized by Madi Beard dated 10/29/2015. issue is that Bill Lair died 10/28/2014.
           Who is Bill Lair

Rumors of Stolen Valor and the Selling of Rank

About this same time rumors had began surfacing regarding alleged complaints to FBI by a U.S. Veteran about stolen valor and the selling of rank by Foriegn National Veteran organizations Hmong specifically. It was well known in the Hmong Veteran community that Gen. Vang Pao sold rank in order to raise funding for his various projects before his death in 2011. This practice had been duplicated by other SGU Veteran organizations and It had been observed that many Hmong veterans who were attending Veteran functions were displaying U.S. rank and dawning U.S. Medals, a great geature of disrespect to the United States Military community and to those other Forign National Veterans who did not engage in the practice, not to mention a felony if charged and convicted.  Soon after the practice subsided but not entirely as some Foreign National Veterans still can be seen with U.S. rank and medals displayed on uniforms. The CAVWV has always dissuaded all foreign national veterans from engaging in this practice.

In 2025 the United States Congress awarded the Hmong a Congressional Gold Medal the highest honor bestowed on an American Citizen, unfortunately it sited services that the Hmong did not perform. 
( see  https://www.cavwv.org/hmong-gold-medal.html​ )
​
​Federal Statute;  18 U.S.C. § 704 (Unauthorized Wearing, Manufacturing, or Sale of Military Medals and Decorations)

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. This is the subject of continued converstion at every Veteran gathering.

Section III  -  Legislation Passed
                        Granting Benifits to certain Veterans Omitting Others

March 28, 2018

Lao and Hmong receive benefits

To everyones surprise the Consolidated Appropriations Act of 2018 was passed into law amending PL 115-141, Division J, Title II, Section 251. This afforded some ​Hmong and Lao Veterans burial benefits as provided by Title 38 U.S.C Section 240(A)(10) but it unfortunately omitted many others. 

March 30, 2018
​Omitted Veteran Allies, disputed facts and resulting controversy that has ensued.

Controversy was now well exposed and flaws in the language identified.

Closer scrutiny of the amended law revealed a major flaw. The benefit 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 waved the language requirents needed to gain entery into the United States it was used to determine the identity of Hmong and Lao persons. what instument or document was used to identfly an individual is not known. This seemed to satisfiy the major stumbling factor in all previous legislation. However and tragically those omitted all veterans who emigrated to the United States before the year 2000 did not qualify for the benefit. The vast majority of Veterans are in this category.

CAVWV team researched the law and identified badly flawed and confusing language and create an analysis of the law.

CAVWV contacts chief authors.

July 10, 2018
​CAVWV notified Congressional authors of the flawed language and submitted a possible remedy which included other ethnic irregular forces.that fought along side U.S. military and agency personel.. 

Congressman James Costa introduces new law attempting to remedy the controversy.

August 23, 2019,
​Congressman James Costa, Chief Author of the original legislation in the House of Representaties attempted to remedy the law by introducing HR 4204 which proved to only deepen the already complicated controversy.

Senators Murkowski and Kloburchar, Chief sponsors in the Senate Bill also struggle to remedy the flawed language.

On many occasions over the subsequent years The CAVW V and other veterans contacted both Sen.'s Murkowski and Klobuchar offices to see if they would fix the the bill using our recomendations. Most often no returned correspondences was forthcoming and on the rare occasion a conversation with a staff member woul result in assurances that they were working on a solution but no conclusion was ever made. In the mean time more veterans passed into history.

CAVWV creates addendum to VA pre burial application Form 40-10007 & CAVWV addendum tool.

September 18, 2018,
​In an attempt to assist in identifying and authenticateing foreign national veterans service which was the chief stumbling block in denied claims the CAVWV submitted three pre need application test cases to the VA using the VA Form 40-10007 the pre need application and included their suplimental 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 provided by PL 115-141, Division J, Title II, Section 251. The application addendum cnbe found here.

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 represented a different ethnic irregular soldier who was trained by and served along side U.S. Forces in Laos, Cambodia and Vietnam.
All test cases were denied approval as all did not at that time meet the lawful qualifications establihed by law but the deniels letters did identify deficincies. Appeals made in all cases resolving the deficiences. No responce was forthcoming.

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. On occasion a polite responce was heard stating their office continued to work on the issue.

Section IV.  -  Coalition seeks Clarification by Veterans Administration.

February 8, 2022
Department of Veteran Affairs, National Cemetery Administration Notice regarding PL 117-81
This notice provides information about Public Law 117-81, the National Defense Authorization Act (NDAA) for Fiscal Year 2022 (FY22), that is of significance to the Department of Veterans Affairs (VA) National Cemetery Administration (NCA).

Appeals still unanswered by Veterans Administration the CAVWV contacted Sen. Klobuchar again. Asks if she would contact the VA on the applicants behalf.

Veterans Administration releases fact sheet

February 28, 2022
​National Cemetery Administration - Publishes a Fact Sheet on:  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.
VA Benefits Eligibility for Hmong Individuals
​The new category of persons eligible under 38 U.S.C. § 2402(a)(10) includes individuals who:
  • died on or after March 23, 2018,
  • resided in the U.S. at the time of death, and
  • were naturalized under Section 2(1) of the Hmong Veterans' Naturalization Act of 2000 ("2000 Act").
The 2000 Act eased certain naturalization requirements for persons who served with special guerrilla units or irregular forces, operating from a base in Laos, in support of the U.S. military, anytime between February 28, 1961 to September 18, 1978; and their spouses and also persons married to an individual who served in special guerilla units or irregular forces who was killed or died in Laos, Thailand, or Vietnam during that time frame.* Naturalization under the 2000 Act was also available for spouses of those who served in SGU/irregular forces and surviving spouses of those who were killed or died in action while serving in SGU/irregular forces. However, section 251 of Public Law 115-141 only amended VA's burial eligibility statute to inter eligible Hmong fighters, not their spouses or surviving spouses.
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.

PL 115-141- title 38 amended, partial remedy made

On September 5, 2023,
​
PL 115-141 - Part 38 was amended to include all Lao and Hmong veterans eligibility. 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.

Section V.  -  Amended Veterans Administration Burial Language

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 to 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  was 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, 2023 

In 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.
Once CFR 38.619 final ruling was updated (Federal Register :: Persons Eligible for Burial), and went into effect September 5, 2023, we were able to apply the new rule for Hmong Individuals who were naturalized outside of HVNA of 2000, and use following types of documentation as evidence A-D to grant burial:
 (A) Original documentation issued by a government agency officially documenting the service type, location, and dates served;
(B) An affidavit of the decedent's superior officer attesting to the type of service, location, and dates served;
(C) Two affidavits from other individuals who were also serving with such a special guerilla unit or irregular forces and who personally knew of the decedent's service; or
(D) Other appropriate evidence that factually documents the service, location, and dates served.
(iii) The DD Form 214, Certificate of Release or Discharge from Active Duty, is not an appropriate documentation of service for purposes of paragraphs (a)(2)(i)(B) and (C) of this section.
                       Andrea  Delgatto,
                      Sen. Amy Kloburchar Legislative Assitant
Amended language as it appeared in the Federal Reister August 3, 2023
We continue to fight for our long forgotten allies. 

Section VI.  -  Burial Benifit

September 5, 2023
Unknown to the CAVWV the burial regulations were amended adopting much of  CAVWV eligibility criteria still excluding all other ethnic irregular veterans.

Benifit qualification:

How to apply pre burial benifit or appeal your case.

CAVWV application addendum tool:

 Test Case Appeals Update

November, 2023 - Insixiegmay Khao Case, Lao Commander and SGU Veteran.
​            denial overturned on appeal
​benefit awarded.

Tran Van Quy Case,  South Vietnamese OPLAN 34 Alpha mission specialist.
​            appeal  made, no resulting comment.  
​still pending.

January, 2024 - Vila Chau Case, Kampuchea Krom Veteran.
​           denial overturned on appeal
benefit awarded.

Section VII.  -  Identity issues

What is a DD 214?
A service members military discharge papers are officially known as a DD Form 214, or just DD214. All veterans receive this Certificate of Release or Discharge from Active Duty once released from the military.
In a nutshell, the DD214 is proof of your military service. All branches use this same form. There may e no moe important document, as it serves as the key to unlocking benifits of all kinds.

​Why is a DD214 Important?

The DD214 -- DD stands for Defense Department -- provides veterans with an accurate and complete summary of their active military service. It usually lists dates of service, any commendations or medals received, the reason for separation and the type of discharge.
You are entitled to your military records free of charge, unless for whatever reason, you simply prefer to pay someone to help you obtain them. Be aware of advertisements that claim you have to pay to get your DD214, or that they can get it more quickly (they can't).
Information the DD Form 214 May Include
  • Active-duty information, including entry date
  • Place of entry into active duty
  • Home address at time of entry
  • Mailing address after separation
  • Last duty assignment and rank obtained before getting out
  • Military occupational specialty (MOS)
  • Military education
  • Decorations, medals, badges, citations and campaign awards
  • Service length
  • Any foreign service
  • Separation information (type, character of service, authority/reason for separation, eligibility codes)
​This separation document contains information normally needed to verify military service for benefits, retirement, employment and membership in veteran organizations.
This form also gives civil and government agencies the information needed to apply any federal and state laws relevant to members who separate from the military.
A DD214 generally is needed for the following:
  • Home loans
  • Civilian employment
  • Veteran organizations membership
  • Social Security
  • Burial/flag
  • Education
  • Homeless veteran services
  • Medical services
  • Deals and discounts for veterans (sometimes)
The Department of Veterans Affairs (VA) uses the form to determine eligibility for specific benefits.
The Department of Labor uses DD214 to determine eligibility for unemployment compensation. Additionally, the form will be used to determine reemployment rights. Inaccurate information on the DD Form 214 could result in a delay or denial of benefits.
The surviving spouse of a military veteran also needs to know how to access the DD214 in order for the service member's funeral service to receive patriotic honors. These include the folding and presentation of the United States burial flag; and the sounding of taps, at no cost to the family.
Relating to fraudulent records.​
DD-214 fraud is not a single, codified offense but a term covering a range of criminal acts centered on the alteration, forgery, or fraudulent use of a DD Form 214 (Certificate of Release or Discharge from Active Duty) to obtain a tangible benefit. 
Prosecutions can occur under various federal statutes, with the most common being 18 U.S.C. § 1001 (False Statements to the Government), 18 U.S.C. § 704 (Unauthorized Wearing, Manufacturing, or Sale of Military Medals and Decorations), and 18 U.S.C. § 1341 (Mail Fraud) or § 1343 (Wire Fraud).
The primary motivations for this fraud are:
  1. Financial Gain: Fraudulently claiming VA benefits, re-employment rights, or government contracts.
  2. Social/Ego Gratification: "Stolen Valor" – falsely claiming military honors for prestige or social standing.
  3. Employment & Political Advantage: Gaining an unfair edge in hiring or elections.
Key Federal Statutes Used in Prosecution
  1. 18 U.S.C. § 1001: Statements or Entries Generally
    • Relevance: This is the most versatile and frequently used tool. It is a felony to knowingly and willfully falsify, conceal, or cover up a material fact, or make any false, fictitious, or fraudulent statement or representation in any matter within the jurisdiction of the executive, legislative, or judicial branch of the U.S. government.
    • Application: Submitting a falsified DD-214 to the Department of Veterans Affairs (VA), the Small Business Administration (for veteran-owned business status), or a federal employer constitutes a violation of § 1001.
  1. 18 U.S.C. § 704: Military Medals or Decorations
    • Relevance: The Stolen Valor Act of 2013. It is a crime to fraudulently claim to have been awarded any military decoration or medal with the intent to obtain money, property, or other tangible benefit. Simply lying about a medal is not a crime; there must be a tangible benefit sought.
    • Application: Using a DD-214 that lists unearned medals (like a Purple Heart, Bronze Star, or Medal of Honor) to get a government benefit, a job, or a discount is a direct violation.
  1. 18 U.S.C. §§ 1341 & 1343: Mail and Wire Fraud
    • Relevance: These statutes criminalize any scheme to defraud using the mail or interstate wires. They are powerful because of their breadth.
    • Application: Mailing a fraudulent DD-214 to the VA or using email/online forms to submit it triggers these statutes. They are often used as additional charges to increase potential penalties.
  1. 38 U.S.C. § 6101: Fraudulent Acceptance of Payments
    • Relevance: Specifically targets fraud related to VA benefits. It is unlawful to accept any payment to which one is not entitled.
Research and Investigation Methodology
If you are conducting further research, here are the key pathways:
  1. Legal Databases:
    • Westlaw / LexisNexis: Use search queries like: "DD-214" /p (forg! or fraud or fals!) and combine with statutes like "18 U.S.C. § 1001" or "Stolen Valor".
    • Google Scholar: A free and powerful tool. Search for "DD-214" "false statement" or "18 U.S.C. 704" tangible benefit.
  1. Review DOJ Press Releases: The U.S. Department of Justice regularly issues press releases on prosecutions for veteran benefit fraud and stolen valor. Search their website for terms like "VA fraud," "stolen valor," or "DD-214."
  2. Inspectors General (IG) Reports:
    • Department of Veterans Affairs Office of Inspector General (VA OIG): Publishes semiannual reports to Congress detailing its investigations, including many cases of document fraud.
    • Small Business Administration OIG: Similarly reports on fraud related to veteran-owned business certifications.
Key Legal Precedents and Takeaways
  • Materiality is Key for § 1001: The false statement on the DD-214 must be "material," meaning it has a natural tendency to influence, or is capable of influencing, the decision of the agency (e.g., the VA or SBA). Courts have consistently found that details like dates of service, character of discharge, and combat awards are material.
  • Tangible Benefit is Required for § 704: After the 2013 Stolen Valor Act, the government must prove the accused sought a "tangible benefit." Case law (like Swisher) has expansively defined this to include money, employment, expert witness fees, and even political office.
  • Synthetic & Complete Forgeries are Common: Cases range from individuals who actually served but "upgraded" their discharge or added awards, to individuals who never served at all and created a DD-214 from scratch.
  • Cross-Jurisdictional Enforcement: These cases are often investigated by a coalition of agencies, including the VA OIG, FBI, U.S. Postal Inspection Service (if mail is used), and the respective service's Criminal Investigation Division (CID).


Section VIII - Footnotes

Events complicating awarding of benefits

Who is Vang Pao

Operation Tarnished Eagle - 2007 Laotian coup d'etat conspiracy allegation

The Coalition of Allied Vietnam War Veterans is a former 501(c)3 non profit which ceased operating under that IRS status at the end of 2025 which was the 50th anniversary year of the ending of the Vietnam War.
It now operates as a Veteran Fellowship located in the State of Minnesota