Stolen Valor Part 2: “STOLEN VALOR”, A NEW AMERICAN TERM

Second in a series of articles addressing “Stolen Valor”

By Barry J. Bernstein*

            Since the Supreme Court loosened restrictions on misappropriations on military uniforms, the issue seemed to fade.  However, while the wear of the uniform faded as an issue, the post-Vietnam era brought a new issue of people claiming military service or awards falsely.  This created a new legal battle about military imposters and 1st Amendment free speech which brought a new term “Stolen Valor.”

           High-profile stories of false claims of military service in the 1990’s raised this issue.  Senator Tom Harkin falsely claimed to have flown combat missions in Vietnam.  Congressman Wes Cooley lied about serving in the Special Forces in Korea.  Ambassador Larry Lawrence was disinterred from Arlington Cemetery when revelations of his lying about military service arose.  Actor Brian Dennehy (the sheriff in the first Rambo movie) said he was wounded in Vietnam, but publicly admitted it was a lie. 

             Stolen Valor: How the Vietnam Generation Was Robbed of its Heroes and its History was written and self-published by B.G. Burkett in 1998.  Its timing was after so many high-profile lies of military service.  It addressed general misperceptions of the war, but one of its parts struck a nerve.  The third part of the book addressed military imposters and the ineptitude of anyone to expose them.   

          By example, Burkette exposed Frank Dux.  Dux was a well-publicized martial arts guru who was portrayed by Jean Claude Van Damme in 1988’s “Bloodsport.” Dux claimed to have been awarded the Medal of Honor and even wrote a phony memoir of being an “American Warrior.”  Dux’s “memoir” was published by a major publisher just before Stolen Valor.  The book proved Dux served as a reservist, after the Vietnam War, and with no overseas duty. Dux quickly faded away from celebrity status.

         Stolen Valor also hammered the media’s gullibility to present stories without first substantiating the alleged military service.  Burkette’s example would be humorous if not pathetic.  In 1994 CBS’ 60 Minutes featured a Vietnam Marine with a Bronze Star, 2 Purple Hearts and being a Khe Sanh veteran that turned to heroine and murder as a result of his combat experience. As a result of the public response, the Massachusetts Governor commuted his sentence to parole.  Following exposure of the lie in Stolen Valor, the man admitted on rival ABC’s 20/20 that he never saw Vietnam. 

            After the book, others have taken to exposing military imposters.  Joseph Cafasso was a Fox News “expert” as a retired Special Forces lieutenant colonel, and Silver Star recipient.  He was fired in 2002 when Cafasso was exposed as being discharged from basic training with 44 total days of service.   

          The issue of military imposters, misappropriating service, or “stolen valor” had reached its peak.  Congress was ready to act.  The issue became so hot that allegations (later proven false) that each party’s presidential candidate had fabricated tales of his service.  By 2005 stolen valor more than a political issue and was becoming a legal issue. 
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While these articles are intended to inform you of unique issues of the military and veterans,  it does not replace the need for proper legal advice by a licensed attorney in your jurisdiction.
    * The author retired as a colonel after 34 years of service.  He now practices law at Bernstein Law Firm, LLC in Irmo, South Carolina, advising clients and attorneys on military issues.