Loss of Veteran Records Still Continues

by Don Horton

Our American veterans are continually being denied recognition and benefits for their services due to lack of records to verify eligibility of service.  More often than we care to believe it is not the fault of the veteran.  Current regulations place the responsibility upon the veteran to prove eligibility of service.  The veteran relies on the US Government processes to compile and maintain those records.  Legislation is in place to insure those records are contained and protected but there have been too many veterans denied rights because records do not exist to prove their eligibility for benefits and recognition.

Oversight inspections at various agencies continually reveal discrepancies in the maintenance of records for our veterans in all military services including the merchant marine. A press release from the Department of Veterans Affairs (VA) dated 16 October, 2008 revealed the VA inspector general (IG) earlier this month found problems with documents improperly marked for disposal at benefits offices in 4 cities: St. Petersburg, Detroit, St. Louis and Waco. The VA began a separate inquiry that found nearly 500 documents improperly placed in shredder bins in about two thirds of the agency’s 57 benefits offices.  

Generally the Inspector General conducts an inspection of their facilities just once every three years.  In this incidence, one inspection brought forth a report that about 67% of one agency’s offices were discovered to be in the process of destroying  pertinent official veterans’ records crucial to receiving benefits or recognition for services. This finding would suggest that potential for widespread loss of valuable veteran records is exceedingly high and could very well apply across all agencies.

In this finding, considered that it occurred on only one day at 57 offices of one department, then it is conceivable that it could be happening at approximately 67% of all activities on 67% of all work days, and for 67% of all years that records have been required to be retained. This amounts to staggering numbers of records lost to the veteran when they need them for support of their request for service and recognition. We have let the veteran down, they deserve better and we are required to provide better than this on their behalf.

Again, this is just another incident of carelessness, by persons who have been given the responsibility of preserving records of our nation’s veterans. The destruction of those records would probably result in the veteran’s loss of eligibility of deserving benefits the way the system is currently viewed.  Many veterans’ request for eligibility has been denied due to lack of records that verify their service.  A large portion of those denied would have had no problem being certified had the proper authorities simply complied with existing requirements.  In other cases those in authority had little foresight in how important service documents are when it comes to gaining recognition for the sacrifices the veteran has given to gain eligibility. 

This has been a continuing problem confronting those who have served and have fully earned the right to be recognized for their service. There are many veterans who have been denied their due recognition simply because “there is no evidence in your records that attest to your eligibility for services” being written on their returned DD Form 2168s, request for discharge.  A casual review of records having been made by a government employee and simply returned without benefit of knowledge of or not utilizing an existing automated system for maintaining accurate and complete records as they pertain to an individual’s service to our country, is simply not acceptable.

In addition to the ongoing discoveries by the VA IG, other past losses demonstrate the veteran is at a severe disadvantage in proving his eligibility for recognition and benefits:

(1)   The GAO Audit, GAO-06-1010, Sept 2006, cited several deficiencies of the joint services in gathering, obtaining and reporting information relative to casualty information processing procedures. GAO recommended closer support of agencies and working with the Social Security Administration (SSA) and the (VA) to insure the veteran received the best service possible.  Still, two years after, the loss of documents continues. 

(2)   During WW II similar situations occurred that made recognition for services near impossible for some veterans of the US Merchant Marine.  On March 20, 1944, the Commandant of the US Coast Guard issued an order to relieve the masters of tugs, towboats and seagoing barges of the requirement for submitting reports of seaman shipped and discharged on the same form now required to prove his employment for eligibility. 

(3)   A search of the NARA in College Park, MD to retrieve information from ships’ logs for evidence of employment brought forth this report, “After World War II, the deck and engineering logbooks of vessels operated by the War Shipping Administration were turned over to that agency by the ship owners, and were later destroyed, by the Maritime Administration, in 1970 on the grounds that they were voluminous, costly to house and service, and very seldom used for research”.

There will always be incidents of human failure be it by inexperience, shortsightedness, disregard or inefficiency.  Even with the various oversights in place to prevent mishaps, conditions will occur denying the veteran recognition for his service is action is not taken to improvise and adapt for the loss of documentation from the fault of others than the veteran.  To date the officials who are responsible for the issuance of eligibility, maintain the responsibility for recognition is that of the veteran.  However, without those documents that are being consistently destroyed by those who are responsible for their safekeeping, the veteran simply cannot prove his position. Measures must be taken to allow for these mishaps and allowances for other means of recognition must be accepted if the veteran is to gain his rightful and well earned recognition for services and benefits owed to him by our country.  Restrictions on those requirements for eligibility must be relaxed and latitude for proof of eligibility must be offered by some means of substitution or other improvising.

The authors of Public Laws 95-202 and 105-368 had good intentions to right a wrong that was unjustly levied on those merchant seamen that served during World War II; but they were never privy to these serious errors that have been committed regarding the maintenance of those records that are now necessary to prove one’s eligibility. If so, provisions would have been made to rectify those thoughtless actions.  Now those authors must be made aware of the problems to satisfy the criteria maintained by the National Maritime Center (NMC) in recognition of services.  As far as can be determined, the NMC does not comply with the instructions specified within the DODI 1300.18.  They rely on their own archaic record keeping and uninformed personnel to prepare the two most revered documents the services produce, DD 214 and DD 1300.  There are systems in place that would supplement the required information in recommendations within the GAO report GAO 06-1010 if they were implemented.  The SSA can provide necessary information regarding employment dates and names of employing companies for the veteran that will certify employment.  The NMC should adopt the DODI 1300.18 as their implementing instruction for the Casualty Affairs Program, if they are not already required to do so.  Additional improvising is necessary to replace the lost documentation conducted under the auspices of governmental dictate.

Many years passed before this country before recognized the Mariner for their heroic efforts that often came with a high price regarding the loss of life.  They were scorned and condemned for their services, yet they kept on giving and kept the supplies and troops moving in spite of their heavy losses.  In May, 1942, President Roosevelt stated, “The war is now five months old and we have had our answer. Two million men have been called to the colors. In far places and near, our soldiers, our sailors, our air pilots, the beleaguered men of the Merchant Marine, have shown the stuff of heroes. Everything we have asked of them they have delivered.  Everything — and more”.  He also stated in “that without those heroic members of the Merchant Marine, we may have lost this war”.  Finally, those mariners received their long overdue veteran’s recognition with Public Laws 105-368 and 95-20

Almost 16 million G.I.s came home after the end of WW II and they immediately received their due recognition.   That same time about 250,000 merchant marine seamen came home and received nothing.  It took another 50 years before they were officially recognized by law as veterans. Today less than 80,000 have received official recognition.  I know from personal experience there are quite a few that have been denied because of lack of records and they need help getting documentation to prove their service existed. This bill will offer relief to some deserving individuals that did what was asked of them.  We owe them for their extraordinary services and selfless sacrifices.  Let’s pay them back by giving them some help in gaining their recognition.  Can I count on you to sponsor this bill?

Committee:  ____________________                                Principal Author: ___________________________ 
Bill No: __________                                             Delegation: _______________________________

Title:  To Provide Alternative Methods of Recognition for Veteran Status Be It Enacted by the one hundred & eleventh Congress of the United States

Preamble:  Be it enacted by the Senate and House of Representatives of the United States of America in congress assembled, P.L.s 95-202 & 105-368 provided veteran status for members of the U.S. Merchant Marine who served during WW II between 07 Dec, 1941 and 31 Dec, 1946 and who were able to prove their service.  Various actions by governmental personnel have destroyed or caused these documents to be unavailable.  Alternative methods to prove their service is required to replace those that have been lost.

• SECTION 1:  Records held by the Social Security Administration that denote dates and companies veteran worked for;
• SECTION 2:  Validated testimony from the veteran as to employment shall be allowed to determine eligibility; and
• SECTION 3:  Other official documentation offered by the veteran, shall constitute replacement of records that were destroyed or from other actions causing the required records to be unavailable that were committed by those responsible for the control and maintenance of veteran records.
• SECTION 4:  Masters of seagoing vessels shall be recognized as agents of the United States when it applies to the shipping and discharge of seaman for purposes of employment.
• SECTION 5:  These replacements records shall satisfy all requirements for eligibility of service during 17  the required timeframe.