Existing law, until January 1, 2020, requires the Department of Veterans Affairs to annually compile a list of names of Vietnam veterans to be added to the California Vietnam Veterans Memorial on the grounds of the State Capitol, as specified, and requires the department to form a specified committee to review and consider requests from the public to include names on the memorial, as specified. Existing law authorizes the names on the list to be added to the memorial if specified requirements are met, including the availability of adequate private funding. The California Vietnam Veterans Memorial is the official state Vietnam veterans war memorial.

This bill would extend the provisions relating to the listing of names on the California Vietnam Veterans Memorial and the existence and operation of the committee to January 1, 2023. The bill would provide for the establishment of an In Memory plaque at the site of to be affixed to the memorial to honor those veterans who died as a result of subsequent illness or injury, including physical or mental injury, as specified, that can reasonably be presumed to have resulted from military service during the Vietnam War. The bill also would require the department to maintain a public, searchable Honor Roll database to honor those veterans, as specified. The provisions of the bill relating to the In Memory plaque and the Honor Roll database would become inoperative and be repealed on January 1, 2023.

This bill would revise the eligibility criteria for the name of a deceased Vietnam veteran to be listed on the memorial or on the In Memory plaque, in the database, including, but not limited to, requiring the deceased veteran to have been born or raised in, or a resident of, California, as specified. The bill would require the committee to determine whether an individuals name is to be listed on the memorial or the In Memory plaque, in the database, as specified. The bill would require the department, in consultation with the committee, to identify the names of any California veterans listed on the Vietnam Veterans Memorial in Washington, D.C. or the Vietnam veterans In Memory Honor Roll maintained by the Vietnam Veterans Memorial Fund and to include those names on the states Vietnam Veterans Memorial or the In Memory plaque. in the Honor Roll database, as appropriate. The bill would prohibit the removal of any name from the memorial or database.

Existing law, until January 1, 2020, requires the Department of Veterans Affairs to annually compile a list of names of Vietnam veterans to be added to the California Vietnam Veterans Memorial on the grounds of the State Capitol, as specified, and requires the department to form a specified committee to review and consider requests from the public to include names on the memorial, as specified. Existing law authorizes the names on the list to be added to the memorial if specified requirements are met, including the availability of adequate private funding. The California Vietnam Veterans Memorial is the official state Vietnam veterans war memorial.

Existing law, until January 1, 2020, requires the Department of Veterans Affairs to annually compile a list of names of Vietnam veterans to be added to the California Vietnam Veterans Memorial on the grounds of the State Capitol, as specified, and requires the department to form a specified committee to review and consider requests from the public to include names on the memorial, as specified. Existing law authorizes the names on the list to be added to the memorial if specified requirements are met, including the availability of adequate private funding. The California Vietnam Veterans Memorial is the official state Vietnam veterans war memorial.

This bill would declare the intent of the Legislature to enact legislation to make an addition to the California Vietnam Veterans Memorial.

Date of Hearing: January 9, 2018

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

ABPCA Bill Id:AB 737 (

Author:Baker) – As Amended Ver:April 19, 2017

SUBJECT: California Vietnam Veterans Memorial

SUMMARY: AS PROPOSED TO BE AMENDED

1. Extends certain provisions relating to the listing of names on the California Vietnam Veterans Memorial (Memorial) and the existence and operation of the Memorial Committee (Committee) to January 1, 2023.
2. Revises the eligibility criteria for individual listing of veterans’ names on the Memorial, as specified.
3. Provides for the addition of an “In Memory” plaque to be affixed to the Memorial to collectively honor those Vietnam veterans who died as a result of subsequent illness or injury, including physical or mental injury, as specified, who can reasonably be presumed to have resulted from military service during the Vietnam War but who would not be eligible under the new criteria for individual listing on the Memorial. 
4. Requires the Committee, through private funding, to maintain a public, searchable “Honor Roll” database to honor those veterans, as specified.
5. Specifies that any Vietnam veteran who was born or raised in California, or lived in California a substantial length of time, as determined by the committee, is eligible for inclusion on the Memorial or in the Honor Roll.
6. Requires the department, in consultation with the Committee, to identify the names of any California veterans listed on the Vietnam Veterans Memorial in Washington, D.C. or the Vietnam veterans “In Memory Honor Roll” maintained by the Vietnam Veterans Memorial Fund and to include those names on the state’s Vietnam Veterans Memorial or in the “Honor Roll” database, respectively.
7. Mandates that a name that has been included on the Memorial or in the Honor Roll database shall not be removed, but provides for the removal of names in the Honor Roll database if it is later determined the person is ineligible for inclusion.

EXISTING LAW:

1. Requires the Department of Veterans Affairs, until January 1, 2020, to annually compile a list of names of Vietnam veterans to be added to the California Vietnam Veterans Memorial on the grounds of the State Capitol, as specified.
2. Requires the department to form a specified Committee to review and consider requests from the public to include names on the Memorial, as specified.
3. Authorizes the names on the list to be added to the Memorial if specified requirements are met, including the availability of adequate private funding.

FISCAL EFFECT: Unknown.

COMMENTS: AS PROPOSED TO BE AMENDED

VIETNAM VETERANS MEMORIAL IN WASHINGTON D.C. (THE WALL):

History of the Wall:

The Wall was completed in 1982, and it was the subject of controversy even before being completed, mostly due to design elements. According to the Vietnam Veterans Memorial Fund (VVMF), the entity which funds the upkeep, etc., of the Wall, the Wall’s purpose was as follows:

The purpose of the Vietnam Veterans Memorial was to honor all who had served, with a special tribute – their names engraved – for those who did not return. The chief design criteria were that the memorial be 1) reflective and contemplative in character; 2) be harmonious with its site and environment, 3) make no political statement about the war itself, and 4) contain the names of all who died or remain missing.

Most names on the Wall were already engraved at the time of its completion. Again, according to the VVMF:

At the dedication in 1982, there were 57,939 names inscribed on the Memorial. The Department of Defense compiled a list of combat zone casualties according to Presidential Executive Order #11216, handed down by President Lyndon B. Johnson on April 24, 1965. It specified Vietnam, and adjacent coastal waters, as a combat zone. This zone was expanded to include Laos, Cambodia and Air Force bases in Thailand.

Subsequently, for various reasons, the Department of Defense authorized the addition of some names to the Wall. Still, there are lingering controversies about the criteria for inclusion on the Wall.

SOME VIETNAM VETERANS ARE NOT ELIGIBLE FOR LISTING ON THE WALL

Only those names determined by the Service Branches to be combat injuries suffered in Vietnam pursuant to their criteria may be listed on the Wall. Names may still be added, and the process is described by VVMF as follows:

VVMF receives numerous requests each year from individuals who want to have particular names placed on the Memorial. And while VVMF finances the addition of names on The Wall, we do not determine whose names are to be inscribed. It is the Department of Defense that makes these difficult and often very technical decisions. Our organization does not have the authority to overrule those who adjudicate these matters. The policy is that only those persons who died of a combat injury suffered in Vietnam be added to the Memorial. If you need further explanation of the parameters for inclusion, please contact the relevant service branch. Please know that the Memorial stands to honor all who served in Vietnam, not just those whose individual names it bears.

IN MEMORY PROGRAM AND PLAQUE

Nevertheless, many people felt that the Wall, even with the additions the department of defense made, did not capture the true scope of the casualties of the war and so Public Law 106–214 (2000) was enacted to authorize an In Memory Plaque near the Wall. The plaque contains:

… an inscription intended to honor those Vietnam veterans who died after their

service in the Vietnam war, but as a direct result of that service, and whose names are not otherwise eligible for placement on the memorial wall. The In Memory Plaque was ultimately completed and placed near the Three Soldiers statute near the Wall.

CALIFORNIA MEMORIAL INCLUDES CALIFORNIAN VETERANS USING SAME CRITERIA AS THE WALL

In 1988 California completed its own Memorial honoring California’s Vietnam veterans. Assembly Bill 650, authored by Assemblyman Richard E. Floyd, effective in January 1984, established the California Vietnam Veterans Memorial Commission. When completed, the Memorial included the inscribed names of over 5,000 California veterans. The included names were those California Vietnam veterans listed as killed or missing in action.

CALIFORNIA DECIDES TO INCLUDE THOSE WHO WOULD NOT BE ELIGIBLE FOR THE WALL

In 2013, Assemblymember Jim Frazier authored AB 287, which became law. The bill authorized the Memorial to include “…the names of veterans who later died as a result of illness or injuries, including physical or mental injuries documented by the Department of Defense, the Veterans Administration, or licensed medical professionals, that can reasonably be assumed to have resulted from military service in the Vietnam war.”

Reactions in the press to the bill and subsequent additions to the Memorial were mixed, with some families feeling like their loved one was finally properly honored, and others who felt the additions diminished the integrity of the Memorial.

AB 737 REVERSES AB 287- CREATES SYSTEM LIKE THE WALL AND IN MEMORY PLAQUE

This bill, AB 737 constitutes a reversal of AB 287 insofar as that bill purposefully was more inclusive about who was to be added to California’s Memorial Wall. This bill creates a California analogue to the Wall and In Memory program, and imposes similar criteria for inclusion in each. The criteria for an individual veteran’s permanent inscription on California’s Memorial, however, are slightly broader than those of the Vietnam Veterans Memorial in Washington, D.C., allowing for the inclusion of those killed in incidents during the Vietnam War, while engaged in direct support to an in-theater combat mission.

This does mean that some veterans whose names were eligible for inscription on the Memorial will no longer be, but they will be eligible for inclusion in the Honor Roll and general memorialization on the plaque. This will inevitably upset some individuals who preferred the status quo under AB 287, but it is preferred by others.

It is worth noting that the space for inscription of names on the Memorial is limited, and is insufficient to include all of those Vietnam veterans who have died or will die long after their service of conditions or injuries directly related to their fighting in the war.

REGISTERED SUPPORT / OPPOSITION:

Support

American G.I. Forum of California

American Legion- Department of California

AMVETS- Department of California

California Association of County Veteran Service Officers

California State Commanders Service Council

Military Officers Association- California Council of Chapters

Vietnam Veterans of America- California State Council

Opposition

None on file.

Analysis Prepared by: Christian Burkin / V.A. / (916) 319-3550

Date of Hearing: April 4, 2017

ASSEMBLY COMMITTEE ON VETERANS AFFAIRS

Jacqui Irwin, Chair

ABPCA Bill Id:AB 737 (

Author:Baker) – As Amended Ver:March 27, 2017

SUBJECT: California Vietnam Veterans Memorial

SUMMARY: AS PROPOSED TO BE AMENDED

1. Extends certain provisions relating to the listing of names on the California Vietnam Veterans Memorial (Memorial) and the existence and operation of the Memorial Committee (Committee) to January 1, 2023.
2. Provides for the establishment of an “In Memory” plaque to be affixed to the Memorial to collectively honor those Vietnam veterans who died as a result of subsequent illness or injury, including physical or mental injury, as specified, that can reasonably be presumed to have resulted from military service during the Vietnam War but who would not be eligible under the new criteria for individual listing on the Memorial. 
3. Requires the Committee, through private funding to maintain a public, searchable “Honor Roll” database to honor those veterans, as specified.
4. Revises the eligibility criteria for individual listing of veterans’ names on the Memorial and in the Honor Roll, as specified.
5. Requires the Committee to determine whether an individual’s name is to be listed on the Memorial or in the database, as specified.
6. Requires the department, in consultation with the Committee, to identify the names of any California veterans listed on the Vietnam Veterans Memorial in Washington, D.C. or the Vietnam veterans “In Memory Honor Roll” maintained by the Vietnam Veterans Memorial Fund and to include those names on the state’s Vietnam Veterans Memorial or in the “Honor Roll” database, as appropriate.
7. Mandates that a name that has been included on the Memorial or in the Honor Roll database on or before the effective date of this section shall not be removed.
8. Requires that names that have been approved for inclusion on the Memorial or before the effective date of this section but not yet inscribed on the Memorial shall be inscribed.

EXISTING LAW:

1. Requires the Department of Veterans Affairs, until January 1, 2020, to annually compile a list of names of Vietnam veterans to be added to the California Vietnam Veterans Memorial on the grounds of the State Capitol, as specified.
2. Requires the department to form a specified Committee to review and consider requests from the public to include names on the Memorial, as specified.
3. Authorizes the names on the list to be added to the Memorial if specified requirements are met, including the availability of adequate private funding. The California Vietnam Veterans Memorial is the official state Vietnam veterans war Memorial.

FISCAL EFFECT: Unknown at this time.

COMMENTS: AS PROPOSED TO BE AMENDED

VIETNAM VETERANS MEMORIAL IN WASHINGTON D.C. (THE WALL):

History of the Wall:

The Wall was completed in 1982, and it was the subject of controversy even before being completed, mostly due to design elements. According to the Vietnam Veterans Memorial Fund (VVMF), the entity which funds the upkeep, etc., of the Wall, the Wall’s purpose was as follows:

The purpose of the Vietnam Veterans Memorial was to honor all who had served, with a special tribute – their names engraved – for those who did not return. The chief design criteria were that the memorial be 1) reflective and contemplative in character; 2) be harmonious with its site and environment, 3) make no political statement about the war itself, and 4) contain the names of all who died or remain missing.

Most names on the Wall were already engraved at the time of its completion. Again, according to the VVMF:

At the dedication in 1982, there were 57,939 names inscribed on the Memorial. The Department of Defense compiled a list of combat zone casualties according to Presidential Executive Order #11216, handed down by President Lyndon B. Johnson on April 24, 1965. It specified Vietnam, and adjacent coastal waters, as a combat zone. This zone was expanded to include Laos, Cambodia and Air Force bases in Thailand.

Subsequently, for various reasons, the Department of Defense authorized the addition of some names to the Wall. Still, there are lingering controversies about the criteria for inclusion on the Wall.

SOME VIETNAM VETERANS ARE NOT ELIGIBLE FOR LISTING ON THE WALL

Only those names determined by the Service Branches to be combat injuries suffered in Vietnam pursuant to their criteria may be listed on the Wall. Names may still be added, and the process is described by VVMF as follows:

VVMF receives numerous requests each year from individuals who want to have particular names placed on the Memorial. And while VVMF finances the addition of names on The Wall, we do not determine whose names are to be inscribed. It is the Department of Defense that makes these difficult and often very technical decisions. Our organization does not have the authority to overrule those who adjudicate these matters. The policy is that only those persons who died of a combat injury suffered in Vietnam be added to the Memorial. If you need further explanation of the parameters for inclusion, please contact the relevant service branch. Please know that the Memorial stands to honor all who served in Vietnam, not just those whose individual names it bears. [Emphasis added]

IN MEMORY PROGRAM AND PLAQUE

Nevertheless, many people felt that the Wall, even with the additions the department of defense made, did not capture the true scope of the casualties of the war and so Public Law 106–214 (2000) was enacted to authorize an In Memory Plaque near the Wall. The plaque contains:

… an inscription intended to honor those Vietnam veterans who died after their

service in the Vietnam war, but as a direct result of that service, and whose names are not otherwise eligible for placement on the memorial wall. The In Memory Plaque was ultimately completed and placed near the Three Soldiers statute near the Wall.

CALIFORNIA MEMORIAL INCLUDES CALIFORNIAN VETERANS USING SAME CRITERIA AS THE WALL

In 1988 California completed its own Memorial honoring California’s Vietnam veterans. Assembly Bill 650, authored by Assemblyman Richard E. Floyd, effective in January 1984, established the California Vietnam Veterans Memorial Commission. When completed, the Memorial included the inscribed names of over 5,000 California veterans. The included names were those California Vietnam veterans listed as killed or missing in action.

CALIFORNIA DECIDES TO INCLUDE THOSE WHO WOULD NOT BE ELIGIBLE FOR THE WALL

In 2013, Assemblymember Frazier authored AB 287 which became law. The bill authorized the Memorial to include “…the names of veterans who later died as a result of illness or injuries, including physical or mental injuries documented by the Department of Defense, the Veterans Administration, or licensed medical professionals, that can reasonably be assumed to have resulted from military service in the Vietnam war.

Reactions in the press to the bill and subsequent additions to the Memorial were mixed, with some families feeling like their loved one was finally properly honored, and others who felt the additions diminished the integrity of the Memorial.

AB 737 REVERSES AB 237- CREATES SYSTEM LIKE THE WALL AND IN MEMORY PLAQUE

This bill, AB 737 constitutes a reversal of AB 287 insofar as that bill purposefully was more inclusive in terms of the criteria for deciding who would be listed on the Memorial. Given the broad spectrum of opinions on individual listing of names it is likely that this deviation in policy will upset those who were previously pleased and vice versa.

The bill creates a California analogue of the Wall and In Memory program. The author’s office has agreed to amendments that will, prospectively, have California mirror the decisions of the Armed Services as to which California veterans will be included individually on the Memorial and which will be part of the Honor Roll and database.

AB 737 WILL PRESERVE STATUS QUO ANTE

AB 737 requires that decisions of the Committee regarding inclusion on the Memorial on or before the effective date of the bill shall be left undisturbed or carried out as appropriate. Those names inscribed on the Memorial will stay and names approved but not yet engraved will be engraved.

REGISTERED SUPPORT / OPPOSITION:

Support

American G.I. Forum of California

American Legion- Department of California

AMVETS- Department of California

California Association of County Veteran Service Officers

California State Commanders Service Council

Military Officers Association- California Council of Chapters

Opposition

None on File.

Analysis Prepared by: John Spangler / V.A. / (916) 319-3550