Covert Ops- Vietnam

[Berta]

I have been trying to find more info on the Mote V Will case decision ( Fed Cir) that Tbird posted here today.

The veteran had claimed he had been in covert operations in Vietnam.

In another fairly similar case the BVA stated:

"Furthermore, the Board notes that the Veteran and the appellant has continuously and consistently contended that the Veteran served in Vietnam during a period between 1969 and 1975, where he was exposed to the herbicide agent, Agent Orange; however, the appellant noted that the Veteran’s Vietnam service is not disclosed in his military records due to the top-secret and covert nature of his service. See Statement in Support of Claim, September 2012. A review of the Veteran’s military records reveals the Veteran has had foreign service throughout his military career, but does not specifically state where the foreign service was. Additionally, upon further review of the Veteran’s military personnel file, there is a declassified report regarding covert operations in Southeast Asia, to include Vietnam; however, it does not specifically note that the Veteran was a part of this mission. Therefore, resolving all reasonable doubt in favor of the Veteran, the Board will concede that the Veteran had Vietnam service; and thus, was exposed to Agent Orange. However so, the Board notes that neither pneumonia nor ILD is a listed disease subject to presumptive service connected based on herbicide exposure under 38 C.F.R. § 3.309(e). Therefore, based on the above, the Board finds that service connection on a presumptive basis is not warranted in this case."

https://www.va.gov/vetapp19/files5/19142047.txt

The VA can declassify anything regarding the Vietnam War ,and I believe Vietnam has been entirely declassified from research and work I did on a Thesis n the Vietnam War,  for AMU, as well as declassify anything that a claimant ,whose MOS was Top Secret Classified,that would help support  a claim they have filed.

While the Personnel record in the veteran's 201 file above did not specifically name him, it was obvious to the BVA that this type of evidence in a Personnel file, would not be there if the veteran was not in the covert operation.

Unfortunately there have been veterans who claimed secret missions or covert ops that they could not prove, and this can be a very difficult task, if the veteran dies from a disability that  the survivor becomes a substituted claimant on , and  is trying to connect the veteran's death due to their secret /covert mission.

 

 

 

Edited September 29, 2020 by Berta
storm

[Buck52]

This maybe of some help.

The Vietnam War Wannabe and His/Her Most Used Lie
The text (excluding all images) on this Information Site is Not Copyrighted and may be freely used.

The common lie told to friends (and particularly girlfriends and wives) by Vietnam War wannabes (a group that continues to outnumber actual in-country Vietnam War veterans by twenty to one [f1], is that they cannot produce a DD-214 or other military-issued documents confirming their (heroic/valorous) service in Vietnam because their military record files "remain classified" due to their "top secret" assignments in Vietnam.

Of course, those of us who actually served in Vietnam and held equal or higher than SECRET security clearances know well that security classifications were/are always on a need-to-know basis as well as sharply defined and limited to specific operations or assignments. And never, in any case, is/was a military 201 jacket (or individual personnel file) classified in full. But what many Americans don't know is that all Vietnam War records have been de-classified for over 13 years since 1994... and there is no, repeat not a single, Vietnam War incident, operation, mission, or military person who's activities remain classified since 10 November 1994.

source: http://www.americanwarlibrary.com/wannabe1.htm

[Buck52]

I used this to support my PTSD claim...name of the operation or project the veteran was in,his unit, date and location as close as the veteran can remember, name of his officer in charge  or commander, DESCRIPTION OF THE ACTUAL OPERATION/PROJECT. IF THE VETERAN CAN REMEMBER ANY CODE NAMES THAT MAY HELP THEM PIN POINT THE OPERATION/PROJECT HE WAS SUPPOSEDLY IN.

All they said about my claim was this veteran collaboration in  his lay statment was determined to be true.

Now who determined this  I do not know?

Most of the covert operations/projects in my opinion was up around Laos, although  most covert operations were Re- established from saigon.

[broncovet]

I had a top secret clearance, but did not go to Vietnam.  (I use the term "Vietnam ERA", but some interpret that as "Vietnam Vet", even tho its not what I meant).   I was in the service DURING the Vietnam War, but was not sent to Nam.  Altho it was my choice to be sent to Vietnam, the military had other ideas, and, I went where I was ordered to go, like most of the rest of us.  

After reviewing my records, I realized there are "gaps" where there are no records.  I have no idea if these gaps have anything to do with my clearance or not, but it would appear so.  

Its my opinion, that my Top Secret Clearance probably had something to do with my denial, because it was rather unclear WHERE I was stationed in my records.  In my appeal, I actually drew a "map" of where I was stationed.  My first  board decision indicated my account of it was consistent with the known facts, and I was given the benefit of the doubt.  I was honest with VA, and others, and have reaped rewards of honesty.  

Edited October 1, 2020 by broncovet

[GBArmy]

Broncovet Just shows that there is many ways to win; you use common sense when no one has been down the road before. And, by the way, Vietnam Era vet is not a problem with me, or most of us that did go over. What we have a problem with is the Tricky Dick Senator Blumenthal's who claim they went and didn't. You were in during the Vietnam War time, or era, so it is an accurate term. Vietnam Era veterans put on the uniform, raised their right hand and swore to uphold the Constitution, went where told to go and did (pretty much) what they were told to do. They deserve recognition and all the benefits they have coming also. I guarantee Buck 52 feels the same way brother.

[Buck52]

I TOTALLY AGREE WITH GB, I personally think if a Veteran served during the Vietnam Conflict and was never sent to Vietnam  he is still a Vietnam Era Veteran, I served over in Vietnam almost 2 years  after my first year was over I had what they call extended stay,  I had additional months to serve when I got back after my first year in nam, so my unit commander called me in to talk to me and said if I extend then when I go home I will be able to ETS   (And get out )  no more spit shine shoes /boots no more IG inspections they have in/on US Military Bases...I choose to get out.

I do believe they destroyed some of my military records after I left Vietnam.

We all are sent where Uncle Sam wants us to go...so we go.

[Tbird]

I'm Gulf War Era veteran and that is how I state it.