Stolen Veterans Benefits And Valor.

A defendant served in the U.S. Marines a little over a year after the Korean War ended. His discharge document, known as a DD-214, states “N/A” with regard to medals awarded and wounds sustained. More than 40 years later, he filed a claim for Post-Traumatic Stress Disorder [PTSD], claiming he suffered PTSD as a result of his participation in a secret combat mission in North Korea in August or September 1955. He claimed he was severely wounded in the mission, and received a Purple Heart Medal, the National Defense Medal, the Korean War Service Medal, the Korean War U.N. Service Medal and Ribbons, Navy Commendation Ribbons with a Bronze V and a Silver Star Medal. The Veterans Administration [VA] denied his claim. Thereafter the defendant submitted a different DD-214, listing the wounds and medals he claimed, and this time his claim was granted. However, the VA later received information the second DD-214 was fraudulent. The VA reversed its decision to grant the claim and required the defendant to pay back the benefits he had received. He was later charged with and convicted of several crimes, including wearing military medals without authorization in violation of 18 U.S.C. § 704(a) [the Stolen Valor Act]. After his conviction, the U.S. Supreme Court struck down that statute on First Amendment grounds in the case of United States v. Alvarez (2012) ___U.S.___, [132 S.Ct. 2537, 183 L.Ed.2d 574], in which the high court held that false speech is generally entitled to protection under the First Amendment. So, the defendant asked the trial court to set aside his conviction on First Amendment grounds, and his request was denied. The Ninth Circuit Court of Appeals affirmed the trial court’s denial of the defendant’s claim after considering this defendant’s specific conduct and concluding there was no violation of the Constitution or laws of the United States.  (United States v. Swisher (Ninth Cir. October 29, 2014) 585 F.App’x 605.)