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I've seen some of the most horrendous cases of Stolen Valor here in Boise. Some are wearing BDUs with all the patches and ranks in all the wrong places. Even one that was wearing Desert BDU with a color Flag on the wrong arm. I thought that Stolen Valor was now a Crime but I cant find the Criminal Code for it. Any ideas?
Posted in these groups: 
Stolen Valor
Stolen Valor
Posted >1 y ago
Responses: 6
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The Stolen Valor Act is a real thing and it is a publishable crime.
But with that said what you described isn’t necessarily Stolen Valor.
Wearing a jacket with patches just means you are wearing a jacket with patches.
You have to determine the intent of fraud among other things. Unless a State has their own Stolen Valor legislation there is a very narrow scope for what can be punished under the Stolen Valor Act.
https://www.google.com/amp/s/http://www.military.com/daily-news/2013/06/03/obama-signs-new-stolen-valor-act.html/amp
But with that said what you described isn’t necessarily Stolen Valor.
Wearing a jacket with patches just means you are wearing a jacket with patches.
You have to determine the intent of fraud among other things. Unless a State has their own Stolen Valor legislation there is a very narrow scope for what can be punished under the Stolen Valor Act.
https://www.google.com/amp/s/http://www.military.com/daily-news/2013/06/03/obama-signs-new-stolen-valor-act.html/amp
Obama Signs New Stolen Valor Act
President Obama on Monday signed into law the latest version of the Stolen Valor Act.
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Several states have a law that address the issue.
TEXAS
(b) A person commits an offense if the person:
(1) uses or claims to hold a military record that the person knows:
(A) is fraudulent;
(B) is fictitious or has otherwise not been granted or assigned to the person;  or
(C) has been revoked;  and
(2) uses or claims to hold that military record:
(A) in a written or oral advertisement or other promotion of a business;  or
(B) with the intent to:
(i) obtain priority in receiving services or resources under Subchapter G, Chapter 302, Labor Code;  1
(ii) qualify for a veteran's employment preference under Chapter 657, Government Code;
(iii) obtain a license or certificate to practice a trade, profession, or occupation;
(iv) obtain a promotion, compensation, or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;
(v) obtain a benefit, service, or donation from another person;
(vi) obtain admission to an educational program in this state;  or
(vii) gain a position in state government with authority over another person, regardless of whether the actor receives compensation for the position.
Federal Law
"The Stolen Valor Act of 2013 (Pub.L. 113–12 (text) (pdf); H.R. 258) is a United States federal law that was passed by the 113th United States Congress. The law amends the federal criminal code to make it a crime for a person to fraudulently claim having received a valor award specified in the Act, with the intention of obtaining money, property, or other tangible benefit by convincing another that he or she received the award."
None of the laws state or federal I have seen would call wearing a uniform item in of itself "stolen Valor" nor should they.
TEXAS
(b) A person commits an offense if the person:
(1) uses or claims to hold a military record that the person knows:
(A) is fraudulent;
(B) is fictitious or has otherwise not been granted or assigned to the person;  or
(C) has been revoked;  and
(2) uses or claims to hold that military record:
(A) in a written or oral advertisement or other promotion of a business;  or
(B) with the intent to:
(i) obtain priority in receiving services or resources under Subchapter G, Chapter 302, Labor Code;  1
(ii) qualify for a veteran's employment preference under Chapter 657, Government Code;
(iii) obtain a license or certificate to practice a trade, profession, or occupation;
(iv) obtain a promotion, compensation, or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;
(v) obtain a benefit, service, or donation from another person;
(vi) obtain admission to an educational program in this state;  or
(vii) gain a position in state government with authority over another person, regardless of whether the actor receives compensation for the position.
Federal Law
"The Stolen Valor Act of 2013 (Pub.L. 113–12 (text) (pdf); H.R. 258) is a United States federal law that was passed by the 113th United States Congress. The law amends the federal criminal code to make it a crime for a person to fraudulently claim having received a valor award specified in the Act, with the intention of obtaining money, property, or other tangible benefit by convincing another that he or she received the award."
None of the laws state or federal I have seen would call wearing a uniform item in of itself "stolen Valor" nor should they.
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If they aren't claiming awards they didn't earn and are not actively trying to use what they're wearing to get free/discounted things, it isn't "Stolen Valor". Additionally what you're describing is a uniform no longer in active use (BDU was retired when ACU came into service in the early 2000's) and people have been wearing old military clothing as fashion pretty much since its inception but especially anytime post WWII. SSgt Christophe Murphy gave an excellent link to the criminal code you're asking about. To my knowledge Idaho does not have a state level equivalent at this time, I don't believe it ever makes it out of committee when bills for Stolen Valor are presented in the state legislature due to 1st amendment concerns.
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PFC John Behrman
I think it is too bad that Idaho hasn't meet up with the Feds with this. Its true that the man wasn't actively involved in trying to use the uniform for a type of self promotion or valor benefit. I also got out before the term BDU was retired, what is it called now? It was the digital desert camo that is commonly used now for desert warfare. I guess I was just more offended that he went to the effort of attempting to look the part, without the wherewithal to actually do a good job. So if that person isn't actively attempting to gain benefit from impersonating a service member, its okay??
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By law, if they are not monetarily gaining from it, it's not Stolen Valor.
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Over the past Few years its been getting worse in Virginia too. It seems everyone was a former SEAL or special warfare guy that got out. I have someone I just found out at work that has been lying about his service record, rank, and duty assignments. He said he was a former Master Sargent, Special Forces, and Task Force 160th Chinook crew chief. Trying to get someone to look into to his ERB and DD214 to find out the truth. I was informed he is lying and was medically retired as a E6 (SSG). I have no physical proof other than dates on his walls being off. Something seems very off in his stories. He has been to a Physicatric Hospital and Jail in the past few weeks. I asked the MPs if they could help since he is a Contractor and was denied any assistance by Provost Marshall office. This guy just got a SF tattoo (right shoulder) and Task Force mottoo (left shoulder) and has been "Retired" almost 8 years now? Too many oddities and holes in his stories that don't line up. In his garage has tons of I love me beautiful plaques and awards. The odd thing is the dates don't match and locations with his stories. To many discrepancies to not alert red flags. He is currently in jail for spouse abuse charges in civil court.
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PFC John Behrman
THAT is highly suspicious. That almost like those guys who wanted to learn how to fly a plane but not how to land one. *hint* The MPs wont get involved either? Have you tried getting a hold of the local CID? I know they like busting jack asses like that. At least ours here at Gowen Field do.
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PFC John Behrman
This is the best example of the digital BDU I am talking about. Not fully accurate but close.
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SSG (Join to see)
SFC (Verify To See) - He lied about losing his key to the Building after he was fired and entered a AIT training facility after the fact (Unlawful entry). He was also trespassing at that point (Federal facility trespassing). His former soldier is now the 1SG of that building and training facility and hasnt pressed charges. The Contractor also left messages on a board and voicemail messages on the company voicemail machine. He had done a few other things on this night as well. The story just keeps getting more weird (factual) as you go down the rabbit hole. Yet because he is a retiree he hasnt been barred from post or privileges revoked. Not until the US Army files charges. This building has 3 shifts of AIT students. What could possible go wrong. Just trying to stop a potential threat. Thats what we do. Thats when the Stolen Valor stuff came up because of his old ERB and now DD214 scrub. The layer of lies, how was this not caught before this? No one is pushing the Stolen Valor issue, thats sad. Up to this point everyone thinks he is still a reited Special Forces and Task Force 160th guy. We will see if anyone brings up the Stolen Valor. These cases hurt everyone who has served.
Sincerely,
A tired Sapper.
Sincerely,
A tired Sapper.
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