
4 minute read
Legion remembers Charles Walter David
Day, which is observed on Feb. 3, and celebrates four U.S. Army chaplains and their selfless acts aboard the sinking SS Dorchester, an Army transport ship, with hymns, stories and speeches by legion members.
Post Commander Stu Cohen led the ceremony, and told the story of the four men — Lieutenants George L. Fox, a Methodist chaplain; Alexander D Goode, a Jew; John P. Washington, a Catholic; and Clark V. Poling, of the Reformed Church in America — who were aboard the Dorchester in 1943. A torpedo from a German U-boat torpedo struck the Dorchester broadside on Feb. 3, and the vessel began sinking rapidly. According to the story, the chaplains led the crew in hymns and prayers to keep up their morale. While the crew waited to be rescued by nearby Coast Guard cutters, the chaplains gave away their gloves, and then their life vests, to scrambling crewman.
According to some reports, survivors of the Dorchester heard the chaplains praying as the ship sank. All four men died. Only 230 of the 904 men aboard the ship were rescued.
As part of his account, Cohen shared a brief PowerPoint presentation projected on the wall behind him. The title slide featured a tombstone and a caption reading, “Does anyone recognize this young man?” Cohen explained that the tombstone was that of Charles Walter David Jr., a U.S. Coast Guard steward’s mate first class who died in 1943.
David, Cohen said, who is buried in Long Island National Cemetery in Farmingdale, was one of the lesser-known heroes of the sinking of the Dorchester. He was a cook on board the Coast Guard cutter Comanche, a large Black man who had joined the Coast Guard in 1941 after having difficulty finding stable employment at home. David, Cohen recounted, was one of the few men aboard the Comanche who dived overboard into the frigid Atlantic to help rescue members of the Dorchester crew.
with Michael and Suzanne Ettinger Attorneys-at-Law
Spousal Refusal - Just Say No
Spousal refusal is a legally valid Medicaid planning option in New York. By way of background, certain income and assets are exempt from Medicaid if there is a spouse. Generally, the spouse at home, known as the “community spouse” may keep about $3,700 per month of the couple’s combined income and up to about $150,000 of the assets or “resources”. Not included in those fgures are any other exempt assets, such as a home (up to about $1,000,000 of the equity only) and one automobile. The spouse who is being cared for in a facility is known as the “institutionalized spouse”.

Many a spouse has advised us that they simply cannot afford to live on the allowances that Medicaid provides. This is where spousal refusal comes in. We start by shifting excess assets into the name of the “community spouse”. He or she then signs a document which the elder law attorney prepares and fles with the county indicating that they refuse to contribute their income and assets to the care of the ill spouse since they need those income and assets for their own care and well-being. Note that you may not refuse your spouse’s own income over the $3,700 per month exemption as it is not coming to you.
Once the “community spouse” invokes their right to refuse, and all of the other myriad requirements of the Medicaid application are met, the state Medicaid program must pay for the care of the institutionalized spouse.
After Medicaid has been granted, the county may institute a lawsuit seeking to recover the cost of care from the refusing spouse. Nevertheless, there are a few reasons why spousal refusal makes sense, even in light of this risk. First, in many instances, the county never invokes this right. Secondly, these lawsuits are often settled for signifcantly less than the cost of care provided. Thirdly, the payment to the county can sometimes be deferred until the community spouse dies. As one county attorney told us when agreeing to such an arrangement, “the county is going to be around for a long time”. Finally, even though the county may seek recovery, it is only for the Medicaid reimbursement rate and not the private pay rate. For example, if the private pay rate is $18,000 per month, which is what you would have to pay, the amount Medicaid has to pay is generally a quarter to a third less. The county may only pursue you for the amount they actually paid.
“Nowadays, in rescue operations, we have all these fancy suits to account for the temperature of the water,” Cohen said. “The truth is he was in his regular uniform, and was probably in a T-shirt.”
Cohen said David saved several men from the sinking Dorchester, including its executive officer, Lt. Langford Anderson — who survived and went on to tell the story of David’s actions. Although the story of the Dorchester often focuses on the story of the chaplains, Cohen said, David, too, deserves to be celebrated for his heroic actions.

Members of the legion took part in a symbolic candle lighting, which involved a table with four chairs and four candles. Cohen called up four legion members, who represented the chaplains. He introduced each of them, and then, one by one, they donned a life vest and were escorted to a chair at the table. The candles were lit as they sat down.
Then, in a final flag-folding ceremony, members of the state’s 11th Regiment Volunteers — a veterans group dedicated to supporting military families with funeral honors free of charge — folded an American flag and presented it to Town of Hempstead Clerk Kate Murray, concluding the ceremony — and bringing Murray to tears.
“I’ve gone to Four Chaplains ceremonies many times before — my father served in World War II,” Murray said. “Today’s ceremony was so poignant. I was so grateful to be presented the flag.”