What is “Stolen Valor”?

SGT Private RallyPoint Member — Wed, 14 Oct 2015 22:02:58 -0400

From "This Ain't Hell"
What is “Stolen Valor”?
Jonn Lilyea | October 14, 2015

Lately, I’ve found myself explaining to folks the difference between the Stolen Valor Act and the thing that we call “stolen valor”. The phrase actually comes from BG “Jug” Burkett who wrote the book “Stolen Valor” which was published in the 90s and told the story about folks who had appropriated the valor of the Vietnam generation of warriors. In 2005, President Bush signed the Stolen Valor Act which made lying about one’s military experience a crime.

In 2012, the Supreme Court invalidated that federal law because, they said, it violated Americans’ freedom of speech. The following year, Congress passed, and the President signed a new law, called the Stolen Valor Act of 2013 (Pub.L. 113–12; H.R. 258) that made lying about your military experience illegal if you told that lie for some sort of “tangible benefit” if your lies concern certain badges and medals. The list of medals and badges reads like this; a Medal of Honor (Army, Navy, Air Force), a Distinguished Service Cross, a Navy Cross, an Air Force Cross, a Silver Star, a Purple Heart, a Combat Infantryman’s Badge, a Combat Action Badge, a Combat Medical Badge, a Combat Action Ribbon, a Combat Action Medal, or any replacement or duplicate medal for such medal as authorized by law. The Stolen Valor Act of 2013 modified Title 18 of the United States Code, Section 704.

Generally, we, in the Stolen Valor community, aren’t concerned with the federal law. TAH and our partners have very little influence with federal prosecutors who are usually reluctant to pursue Stolen Valor Act charges against a criminal. What we are concerned about is the truth.

The Supreme Court essentially gave us a warrant to hunt down these valor thieves and expose them to the public. Justice Kennedy wrote in US v. Alvarez that “Truth needs neither handcuffs nor a badge for its vindication.” That means that we don’t need the government regulations or law enforcement to expose liars to the light of truth.

We look at things that aren’t necessarily regulated by the US Code – things like the POW Medal, for example.

Many of the conversations I have on social media are with people who confuse the Stolen Valor Act with BG Burkett’s phrase. In our community, there doesn’t have to be a “tangible benefit” to be Stolen Valor. That’s for lawyers to parse. All we’re interested in is the truth. In US v. Alvarez, Justice Kennedy wrote;

The remedy for speech that is false is speech that is true. This is the ordinary course in a free society. The response to the unreasoned is the rational; to the uninformed, the enlightened; to the straight-out lie, the simple truth.

Society has the right and civic duty to engage in open, dynamic, rational discourse.

The court of public opinion doesn’t expect us to prove a “tangible benefit” for valor to be stolen. We’re only interested in preserving history and the valor of those who wrote those chapters of history in blood. The lie makes it stolen valor, not the intentions or motivations, legality or illegality. Most of the people who commit Stolen Valor are within their legal rights to do so – and so are we within our legal rights to expose them as common liars.

18 U.S. Code § 704 - Military medals or decorations

Whoever knowingly purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.
(b)Fraudulent Representations About Receipt of Military Decorations or Medals.—
Whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient of a decoration or medal described in subsection (c)(2) or (d) shall be fined under this title, imprisoned not more than one year, or both.
(c) Enhanced Penalty for Offenses Involving Congressional Medal of Honor.—
(1)In general.—
If a decoration or medal involved in an offense under subsection (a) is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.
(2)Congressional medal of honor defined.—In this subsection, the term “Congressional Medal of Honor” means—
(A) a medal of honor awarded under section 491 of title 14;section 3741, 6241, or 8741 of title 10or
(B) a duplicate medal of honor issued under section 504 of title 14; orsection 3754, 6256, or 8754 of title 10or
(C) a replacement of a medal of honor provided under section 501 of title 14.section 3747, 6253, or 8747 of title 10or
(d) Enhanced Penalty for Offenses Involving Certain Other Medals.—
(1)In general.—
If a decoration or medal involved in an offense described in subsection (a) is a distinguished-service cross awarded under section 3742 of title 10, a Navy cross awarded under section 6242 of title 10, an Air Force cross awarded under section 8742 of section [1] 10, a silver star awarded under section 3746, 6244, or 8746 of title 10, a Purple Heart awarded under section 1129 of title 10 10, a silver star awarded undersection 3746, 6244, or 8746 of title 10, a Purple Heart awarded under
(2)Combat badge defined.—
In this subsection, the term “combat badge” means a Combat Infantryman’s Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action Medal.
(June 25, 1948, ch. 645, 62 Stat. 732; May 24, 1949, ch. 139, § 16, 63 Stat. 92; Pub. L. 103–322, title XXXII, § 320109, title XXXIII, § 330016(1)(E), Sept. 13, 1994, 108 Stat. 2113, 2146; Pub. L. 103–442, Nov. 2, 1994, 108 Stat. 4630; Pub. L. 104–294, title VI, § 604(b)(16), Oct. 11, 1996, 110 Stat. 3507; Pub. L. 107–107, div. A, title V, § 553(e), Dec. 28, 2001, 115 Stat. 1117; Pub. L. 109–437, § 3, Dec. 20, 2006, 120 Stat. 3266; Pub. L. 113–12, § 2, June 3, 2013, 127 Stat. 448.)

Response by LTC Stephen F. made Oct 14 at 2015 10:11 PM

LTC Stephen F. — Wed, 14 Oct 2015 22:11:10 -0400

Thanks SGT Private RallyPoint Member for providing the background of Stolen Valor Act. I didn't realize it was not that long ago that it was signed and that President George W. Bush signed the the Stolen Valor Act in 2005. I am glad that after SCOTUS invalidated the act, Congress passes anew law that passed SCOTUS scrutiny.
Thank you for providing the details of what can be done to those who attempt to steal valor.

Response by LTC Private RallyPoint Member made Oct 15 at 2015 2:42 AM

LTC Private RallyPoint Member — Thu, 15 Oct 2015 02:42:54 -0400

Well written! Thank you.

Response by 1SG Richard VanHoose made Jul 23 at 2018 10:46 AM

1SG Richard VanHoose — Mon, 23 Jul 2018 10:46:56 -0400

I don’t know of a congressional Medal of Honor. It is the Medal of Honor and is awarded by the approval of the Congressional committee. This is the only thing that burns me. is when the Medal is referred to as Congressional.

Response by LTC Marc King made Sep 4 at 2018 8:42 PM

LTC Marc King — Tue, 04 Sep 2018 20:42:30 -0400

This is a picture of Stolen Valor

Response by MSG Charles Martin made May 13 at 2019 11:21 AM

MSG Charles Martin — Mon, 13 May 2019 11:21:22 -0400

That pretty much spell it out.

Response by SSG Private RallyPoint Member made Jun 5 at 2019 6:33 PM

SSG Private RallyPoint Member — Wed, 05 Jun 2019 18:33:42 -0400

Am I Stolen Valor if I dress in drag and say I am a Woman

Response by SFC David Reid, M.S, PHR, SHRM-CP, DTM made Aug 9 at 2019 6:32 PM

SFC David Reid, M.S, PHR, SHRM-CP, DTM — Fri, 09 Aug 2019 18:32:03 -0400

A Good Read!

Response by Rory Schultz made Oct 8 at 2023 5:05 PM

Rory Schultz — Sun, 08 Oct 2023 17:05:38 -0400

The one that really aggravates me is when the U.S. Army knows that a particular individual has greatly embellished or outright lied about his Military role or actions in Vietnam and then the US Army Knowingly goes ahead recently admitted this person into the Military Hall of Fame. This person has lied about every accomplishment ever done in his life. He discovered an avenue to endear himself in the eyes of the G.I.'s giving the appearance that he is working tirelessly on behalf of all the neglected veterans. Gives off this whole atmosphere of altruistic endeavors that it is all for the poor spit upon Veterans of Vietnam. But he has conned the public with this pretense that he has been doing all this for the Veterans, when in reality he has gotten himself quite wealthy, lives a lavish lifestyle, travels the world, put all of the his children and grandchildren through Ivy League Universities, stays at 4 star hotels everywhere they go, wines and dines with all the top brass, Senators, Presidents etc. He has been a shameless self promoter who loves to brag about his so fabricated accomplishments. When Investigators discover the truth about him know one believes it and make excuses for this continual fraud. Yes, he brought awareness to the Vietnam Veterans but the Vietnam vets did not have any more or less treatment that any veteran of Korea or WW2. In fact the Vietnam Veteran had it far better than WW2, or Korea Veterans when it comes to VA benefits and their health care delivery system.....these did not exist back in WW2 and Korea. This guy helped to raise money for all kinds of causes in the name of the American Veterans, it has been his whole driving force for decades......BUT don't fool yourself, he had his hands in the pie along with a ton of Senators, promoters, etc., ALL WITH THEIR HAND GETTING A PIECE OF THE CHEESE. That is THE TRUE REASON NO ONE WILL CHARGE THESE PEOPLE WITH A CRIME!!! TALK ABOUT A TRUE CASE OF RACKETEERING!!!

OMISSION is just as wrong as ADMISSION of events. To knowingly Omit evidence is also a crime