BILL ANALYSIS �
AJR 33
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Date of Hearing: April 8, 2014
ASSEMBLY COMMITTEE ON VETERANS AFFAIRS
Sharon Quirk-Silva, Chair
AJR 33 (Holden) - As Introduced: January 30, 2014
SUBJECT : Military and veterans
SUMMARY : This bill urges the United States Department of
Defense to include the names of the 74 fallen sailors of the
Destroyer U.S.S. Frank E. Evans (DD 754) on the Vietnam Veterans
Memorial in Washington, D.C.
EXISTING LAW
Department of Defense Instruction 1300.18 states in pertinent
part:
6.1.2.3.4. Any military operation/incident that involves
combat must account for personnel falling within the
following categories:
6.1.2.3.4.1. Died/wounded in a defined combat zone (e.g.,
contingency area);
6.1.2.3.4.2. Died from wounds sustained in a defined combat
zone;
6.1.2.3.4.3. Died/wounded while on a combat/combat support
mission to/from a defined combat zone;
6.5. Vietnam Veterans Memorial Wall Applications
6.5.1. All requests to add names to the Vietnam Veterans
Memorial Wall will be forwarded to the Director, DHRA, for
final decision. Family members or other interested parties
will be advised that the request has been forwarded for
decision and an update will be provided when a decision has
been made.
6.5.2. Each request will be endorsed with a Service
recommendation (a) to add the member's name on the Wall or
(b) that the name not be added because the deceased veteran
does not meet the established criteria. In order for a
Service member to have his or her name added to the Wall,
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one of the following criteria must be satisfied: A Service
member must have:
6.5.2.1. Died in Vietnam between November 1, 1955, and
December 31, 1960; or
6.5.2.2. Died in the defined combat zone on or after
January 1, 1961; or
6.5.2.3. Died as a result of wounds (combat or hostile
related) sustained in the combat zone; or Change 1, 8/14/09
24DoDI 1300.18, January 8, 2008
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6.5.2.4. Died while participating in, or providing direct
support to, a combat mission immediately en route to or
returning from a target within the defined combat zone.
6.5.3. For clarification purposes on the above criteria,
there is no requirement that the Service member was killed
in action or that the cause of death was combat related.
FISCAL EFFECT : This measure is not keyed fiscal.
COMMENTS : According to the author:
The USS Frank E. Evans (DD 754), a destroyer, was
commissioned for World War II, Korea and Vietnam conflicts.
After completing combat operations off the coast of
Vietnam, Evans was deployed to the South China Sea to take
part in "Operation Sea Spirit," a training exercise with
Australian Navy Carrier HMAS Melbourne (R 21). On the
morning of June 3, 1969, the two ships collided, severing
Evans into two sections, with the forward section sinking
in less than three minutes and taking the lives of 74
American sailors.
The names of the 74 sailors have not been inscribed on the
Vietnam Veterans Memorial because the Department of Defense
criteria as specified in Section 6.1.2.2.4 requires that a
veteran must die within a designated combat zone to be
eligible to be listed on the Wall.
Prior to the collision, USS Frank E. Evans (DD 754) had
completed a Naval Gunfire Support assignment within the
defined Combat Zone, proceeded to Subic Bay, to Manila, and
then became a unit participating in SEATO Exercise Sea
Spirit, which included transit from Manila to Thailand.
After the exercise, USS Frank E. Evans (DD 754) would have
returned to duties within the combat zone.
USS Frank E. Evans (DD 754) participated in combat zone
operations, including in Operation Daring Rebel. Captain
G. W. Stroud, USN, the officer in overall command of the
operation, stated, "It has been a distinct pleasure to have
Frank E. Evans in ARG (Amphibious Ready Group) ALFA during
operation Daring Rebel. The 'Fighting FRANK's' quick
response, accurate, intensive and deadly fire is second to
none. A well done to all Hands."
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The outstanding service of the 74 American sailors during
the Vietnam War are without any dispute. They died in
service to this country. The Vietnam War combat zone
boundaries were ill defined and changed from time to time;
therefore, they should not be used as a determining factor
to prevent the memorializing of these fallen heroes.
Public Law 96-297 (94 Stat. 827) authorizes the Department
of Defense to "periodically" modify the requirement. This
is not without a precedent as President Ronald Regan took
Executive action to waive the Vietnam Veterans Memorial
combat zone criteria and added the 68 names of U.S. Marines
who were killed when a "rest and recreation" flight to Hong
Kong crashed.
These sailors were fighting for the United States in the Vietnam
War and had risked their lives countless times. They would not
have been where they were at the time of the accident but for
the Vietnam War. The Evans' naval gunfire had no doubt saved
the lives of innumerable ground forces. The sailors lost from
the Evans should be honored and remembered with inclusion on the
Vietnam Veterans Memorial.
REGISTERED SUPPORT / OPPOSITION :
Support
USS FRANK E. EVANS (DD 754) ASSOCIATION
American Legion, Department of California
AMVETS, Department of California
California Association of County Veteran Service Officers
California State Commanders Veterans Council
Military Officers Association of America, California Council of
Chapters
Veterans of Foreign Wars, Department of California
Vietnam Veterans of America, California State Council
Veterans Caucus of the California Democratic Party
Opposition
None at this time.
Analysis Prepared by : John Spangler / V. A. / (916) 319-3550
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