H MEMBERSHIP H
MONTHS REMAINING
4
PROGRESS TO GOAL
86
%
NEW MEMBERS TO GO
13,807
H CHALLENGE H
February/March 2012
Department Offers Conditional Support For State-Wide Smoking Ban The Department of Indiana signaled conditional support for the proposed statewide smoking ban during a hearing on the bill by the Indiana Senate Committee on Public Policy February 22. The bill, which exempts certain enterprises and organizations, including veterans service organizations, from the ban, was voted out of committee and is headed to the full Senate for consideration February 27. Although the Department of Indiana has no official position established by resolution on the question, an analysis of the bill and the
conditions established for Department support are consistent with existing policies and procedures. The Department Executive Committee will review the issue during its April session, although it is likely that the bill will have either passed or been defeated before that time. In a statement presented to the Committee by Department Adjutant Hugh Dagley, Commander Mike Miller made it clear that Legion support for the bill is contingent on passage of an amendment that would permit young persons 18 and under in post homes that permit smoking, as long as non-smoking
areas are provided. He also congratulated the authors and sponsors of the bill for their recognition of the right of posts to determine their own smoking policy. “The nearly 200,000 men and women of The Indiana American Legion Family – Legionnaires, Ladies of the Auxiliary, and Sons of The American Legion – firmly believe that regulating individual behavior among members of private clubs and organizations is not the proper role of government. “Our members are grateful to the authors and sponsors of HB 1149 for recognizing that principle and
including the right of self-determination on the question of smoking in the legislation under consideration. To that extent, we support the bill,” Miller wrote. Because the bill exempts American Legion Posts from the ban, the status quo remains: Posts will retain the right to determine, based on local considerations, whether or not they will permit smoking in their facilities. As currently written, the bill would impose an intolerable penalty on posts that operate under the exemption from the ban: Persons 18 years of age and younger would be barred by the bill
from entering any area of a post home that permits smoking. The Commander was emphatic in his testimony. “This bill would dramatically change the nature of The American Legion as a family organization by systematically excluding many family members from many posts. Therefore, HB 1149 does not impact all posts equally,” the commander wrote, referring to those posts that sponsor SAL Squadrons, American Legion Juniors, and any of the diverse youth programs now conducted. “It is not clear in the bill, and apparently not well
understood by most of our members, that a vote for exclusion from the smoking ban is, in effect, a vote against allowing young people under the age of 18 into post facilities. “That would be a crippling blow to those posts whose focus is on youth programs, but considerably less severe for those posts in which service to veterans is the primary focus. Therefore, no one policy, no one yea or nay vote on smoking, can apply equally to all Legion posts, and in that lies the fundamental issue before The American Legion: A vote pits one vital
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Supreme Court Mulls ‘Stolen Valor;’ Decision May Be Months Away
Commander Leads Hoosier Contingent To Washington For Annual Conference
Although it is dangerous to read much into the questions posed by the justices during this hearing, most questions fell into two camps: 1. What is the nature of the harm, if any, caused by fraudulent claims of military heroism? 2. Would upholding the statute have a chilling effect on other forms of speech, such as claims made in political campaigns? Justice Stephen Breyer, in particular, seemed unwilling to accept the argument that no harm occurs from these lies. “My theory is that it does hurt the medal, the purpose, the objective, the honor, for people falsely to go around saying that they have this medal when they don’t.” Justice Antonin Scalia, another First Amendment stalwart, noted that perhaps deference should be made to the Congress. “When Congress passed this legislation, I assume it did so because it thought that
A contingent of Hoosier Legionnaires led by Department Commander Michael J. Miller is headed to the nation’s capital to participate in the 52nd annual Washington Conference of The American Legion, kicking off Feb. 27. The conference features various commission meetings, continues on with guest speakers and roundtable discussions, and wraps up on the 29th with the National Commander’s Public Relations Luncheon. A special feature for the Hoosiers this year will be the campaign activities of the leading candidate for National Commander, James V. Koutz, from Boonville’s American Legion Post 200. Campaign activities kick off Sunday, Feb. 26 with a special reception at the Greenbelt, MD, American Legion Post. Special guests of the Department of Indiana will be Second District Commander Larry Macy and his wife, who earned the trip to the nation’s capital for the district first place finish in the membership competition for the award. During the conference, Macy and the others will have the opportunity to hear first hand from Legion staff and government officials on issues of concern to The American Legion. The Legion’s Veterans Affairs & Rehabilitation Commission will hear from Richard Stark, director of primary care operations at the Department of Veterans Affairs (VA); Robert Petzel, VA’s under secretary for health; Matt Stiner, director of development and outreach for the organization Justice for Vets; and Janet Kemp, national suicide prevention coordinator for VA. VA&R will also host a women veterans panel Feb. 27. Part of its focus will be on rural health care. Guest speakers include Mary Beth Skupien, director of VA’s efforts in rural health care; Hilda Heady, chair of the Rural Health Research and Policy Group; Steve Muro, VA under- secretary for memorial affairs; Allison Hickey, VA under-secretary for benefits; and Joe Paiva, executive director of VA’s Virtual Lifetime Electronic Records. The Economic Commission is featuring a employment roundtable at its Feb. 27 meeting. The discussion will center upon the federal government’s Veterans Hiring Initiative, transition issues for service members and veterans, licensing and certification, job training, veterans’ preference policies, and private-sector opportu-
The U.S. Supreme Court heard oral arguments last last month in the case of Xavier Alvarez who was charged with a violation of the Stolen Valor Act for his fraudulent public claim of having received the Medal of Honor. The case reached the high court on appeal from the 9th circuit which held that the act, which outlaws fraudulent claims of having received military awards or honors, was an unconstitutional abridgment of free speech. The government appealed that decision and was joined by The American Legion and others in asking the court to uphold the constitutionality of the act. Alvarez has never served a day in the military. However, after being elected to a local water board in California, he made the claim that he was a Medal of Honor recipient. While even his own defense attorney noted that Alvarez was an inveterate liar, Alvarez was nonetheless supported by various free-speech advocates who felt that the statute was too broad.
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Hoosier Service Officers Travel To Nation’s Capital For Continuing Education Indiana Department Service Officers, led by Rehabilitation Director John Hickey, are among more than 120 American Legion department service officers from around the country attending annual training in the nation’s capital this week. The Department Service Officers School is an intense, three-day refresher and information course for VA
certified service officers. It began February 22 and concluded Friday, February 24. During those three days, DSOs received both large-group and breakout session training. The DSOs are broken into three tracks of training: beginners, intermediate and advanced. Hickey said the school is “essential for keeping our service officers up to date on the latest changes in VA policies and practices, which is essential for us to provide the very best claims and service representation we can.” Topics include special issues in evaluating traumatic brain injury, Persian Gulf War presumptive, medical legal advocacy, claims development and the Military Evaluation Physical/Physical Evaluations Board. During the school’s opening session, Peter Gaytan, executive director of the Legion’s Washington Office, praised DSOs for the work they do and how it benefits the organization. “You give us clout in D.C. through the work you do,” Gaytan said. “You bring validity to what we do. You help veterans by giving them access to the benefits they’ve earned. That
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Big Crowd
The Hoosier Delegation to the annual Lincoln Pilgrimage in Springfield, Ill., every February is always among the largest, if not the largest, to attend the events honoring the martyred president. The travelers crowd the spiral stairway in the Pilgrimage hotel headquarters, following a visit to the newly opened Lincoln Library and Museum, a new feature of the trip.
Commander Fills Staff Vacancies With Experienced Legionnaires Department Commander Michael J. Miller, in accordance with the Department Constitution, has filled two vacancies on the staff of The American Legion Department of Indiana and added a third officer to help manage the burgeoning work load on the Department Service Office. The appointments are effective immediately. Past National Commander and long-time Department of Alaska Service Officer Jimmie Foster has been hired as Service Officer, while Fifth District Commander D. Dewayne Dunn has been hired as Assistant Department Adjutant. The Department Adjutant’s position, vacated by the retiring Stephen W. short, has been filled by former Assistant Department Adjutant Hugh Dagley. “These appointments were not made in haste,” said Commander Miller.
“Although the Department Constitution gives the Commander the responsibility to fill vacancies among the appointed officers, I nevertheless appointed a search committee to assist in the selection of a new assistant department adjutant, relied on the advice of a proven service officer with 25 years of experience, and consulted with many past department commanders in the selection of our new Department Adjutant.” The constitution also requires that the Department Executive Committee approve the Commander’s recommendations. The DEC did so in January, unanimously approving Dunn’s appointment and approving Dagley’s appointment with one nay vote cast. Foster’s appointment will be considered by the DEC in April. Foster became National Commander in September
2010 at the 92nd annual national convention in Milwaukee. Born and raised in Oklahoma, he graduated with a degree in Agriculture Education from Northeastern A&M College in Miami, Okla. After working in the textiles and grocery business, he joined the U.S. Marine Corps and then, after a brief break in service, reenlisted in the U.S. Army, ultimately retiring with 20 years of military service. In addition to having served as the Legion’s chief executive, Foster progressed through the different levels of responsibility in the organization, and capped his rise to the top by a successful stint as Department Service Officer in the Department of Alaska. It was his record of accomplishment in that office that recommended him to the Indiana position.
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