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TMCNet: Setting the record straight slow process in stolen-valor cases

[April 11, 2010]

Setting the record straight slow process in stolen-valor cases

EL PASO, Apr 11, 2010 (El Paso Times - McClatchy-Tribune Information Services via COMTEX) -- Charles Ferguson Herring's online biography at the Texas State Cemetery in Austin still casts him as a war hero, despite evidence that the late state senator falsified large parts of his military record.

Herring, who was elected to the Senate in 1956 and served 17 years as an Austin Democrat, died in 2004 at age 89. He also was U.S. attorney for the Western District of Texas during 1951-55, making him this region's top prosecutor.

The obituary in question was based on Herring's own accounts of his World War II service and posted online by the cemetery. He said he received the Navy Cross, a decoration second only to the Medal of Honor, for combat valor.

Herring also said he received a Bronze Star, though not for valor, and three Purple Hearts, each indicating he was injured or wounded. Last, he said, he left the Navy with the rank of lieutenant commander.

The El Paso Times published stories in January on "stolen-valor" cases, including one on Herring and another on an El Paso man accused of making false claims of heroism. The stories were based on information gathered by national watchdogs who check tips from around the country on people who allegedly lie about their military service. One of those watchdogs, Doug Sterner, is creating a Web site listing people who received the nation's top medals for bravery in combat.

Sterner used the Freedom of Information Act to obtain Herring's records, which indicate that the claims he made were false.

Herring received no combat awards, was never wounded and left the Navy Reserve in 1953 after 10 years as a lieutenant junior grade, two ranks below lieutenant commander, according to those military documents.

Charles F. Herring Jr., the senator's son, said he requested his father's official record in January, soon after he was contacted by the El Paso Times about possible discrepancies. He said he was told it would take about 20 weeks to obtain the documents.

"Everybody wants it to be accurate," said Herring, an Austin resident. "I think we're all on the same page." In most cases, the state cemetery takes in good faith obituaries provided by families, said Harry Bradley, cemetery superintendent. Although the office has limited staff, it will research claims that seem implausible, he said.

The younger Herring said he suggested that cemetery officials remove the disputed information until the records are reviewed.

Bradley, though, said he was hamstrung. "I can't do anything until somebody in authority tells me it's wrong," he said.

If documentation shows Herring's obituary is inaccurate, Bradley said, the matter would be taken to a three-member board to decide a course of action.

"If this is true, it would be quite alarming," he said.

Ray Jennings of El Paso was the subject of another El Paso Times stolen-valor story. The FBI is investigating his claims of heroism under fire, said Special Agent Andrea Simmons.

Fellow veterans said Jennings made false claims of Army Special Forces membership and combat service. He wore a Purple Heart and a Distinguished Service Cross, the Army equivalent of a Navy Cross, that he did not earn, they said.

Military records obtained separately by two El Paso veterans groups indicated that the only medal the Vietnam veteran received was a Bronze Star, but for service in the war, not for valor in combat.

Records also showed that Jennings never received Special Forces training and never was assigned to a Special Forces unit.

Jennings said in an interview earlier this year that he did not misrepresent his record. He said he was being mistaken for someone with the same name who looked just like him.

Robert Rangel, a member of the local Vietnam Veterans of America chapter, was among those who obtained Jennings' records. An FBI agent interviewed him, he said. Rangel said the agent told him that the FBI was looking at Jennings' claims, but that his most egregious offenses appeared to be beyond the 5-year statute of limitations.

Jennings could not be reached for comment on the most recent developments.

Sterner said his interest in rooting out military impostors was based on an interest in truth.

"What they (impostors) do is tarnish the credibility of our veterans," Sterner said. "When people see stories about these phonies and then they hear a story from another veteran, they ask, 'Is this real or is this person just another phony?' It puts a microscope of suspicion on all veterans that should not be there." Setting the record straight takes significantly more effort than it does to tell the lie, Sterner said.

He points to a Library of Congress oral-history program he said contains many false claims, which "pervert history." Those oral histories are sources for war documentaries and other historical projects that perpetuate the falsehoods, he said.

"I'm glad that these guys are finally being tracked down," Rangel said. "Even if they're not prosecuted, they're being talked to and given a stern warning." Chris Roberts may be reached at chrisr@elpasotimes.com; 546-6136.

More details --AMVETS sponsors a place to report phonies: http://www.reportstolenvalor.org/ --Doug Sterner's Web site: http://www.homeofheroes.com/ --P.O.W. Network: http://www.pownetwork.org/ To see more of the El Paso Times, or to subscribe to the newspaper, go to http://www.elpasotimes.com. Copyright (c) 2010, El Paso Times, Texas Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.

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