Message from the Commander

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Message from the Commander CONTENTS Message from the Vice Commander 2 Adjutant s Corner Flag Code 3 Update from the Auxiliary 6 Veteran s Benefits Seminar 7 New Dept Headquarters 8 Do you have an article or announcement for The Legion. Times? If so, please send all submissions to times@txlegion.org by the 20th of every month and it will appear in the following issue. As they say, time flies when you are having fun! As my term in office is coming to a close I want to thank everyone for your vote of confidence last June when you elected me as your Department Commander. It has been a very enjoyable year representing you at many functions and events throughout the State of Texas and at the National level. It s very difficult to put it into words, but it has been a very rewarding experience and one I will always cherish. Although my term of office is about over our membership year is not. Our membership year continues to July 28, 2008 for our National goal, standings at National, and delegate strength at the National convention. I ask each member, post, district commander, and division commander (outgoing and newly elected) to continue our 2008 membership drive. We still have eight (8) weeks to get to our membership goal. As of the last day of May we only needed 1706 members to reach our Department goal of 81,227. At only 500 members a week we can make that by Department Convention. Even though we may not make our National goal of 90,000 we will show growth in the Department of Texas. This is very important when your next Department Commander meets in front of the national membership team and the national commander at the end of July to attempt to have realistic membership goals set by National. (continued, p. 2)

The Legion Times Volume 89, Issue 11 June 2008 Executive Director William West Editor F.G. Adams Send all correspondence and submissions to: The Legion Times PO Box 140527 Austin, TX 78714 T: 512.472.4138 / F: 512.472.0603 E-mail: times@txlegion.org The Legion Times assumes no responsibility for material submitted and reserves the right to edit any submissions. Editorial deadline is the 20th of every month for inclusion in the following month s issue. Subscription is included in the annual American Legion, Department of Texas dues. Contact the American Legion, Department of Texas for extra copies, or copies for non-legionnaires. The Legion Times is the official publication of the American Legion Department of Texas Member of: American Legion Press Association Texas American Legion Press Assoc. Texas Press Association. The Legion Times is published online 12 times a year by the American Legion, Department of Texas When I met before the committee last year I explained what we were attempting to do and as a result they dropped their recommendation by 5,000 members. At that time I knew it would be difficult but I also knew that Texas Legionnaires would meet the challenge. If our new commander can go in showing we stood by our commitment to increasing our membership maybe he can at least keep the same goal for next year. LET S MAKE THESE NEXT EIGHT WEEKS COUNT AND GIVE OUR NEW COMMANDER SOME BACKING WHEN HE MEETS BEFORE THE NATIONAL MEMBERSHIP COMMITTEE. Again, I thank you for your confidence in me. It has been a great year. I look forward to our continued comradeship in our mutual commitment to the American Legion. I hope to see all of you at the Department Convention in Corpus Christi. God Bless You God Bless The American Legion God Bless America Paul E. Dillard A Message from the Vice-Commander We are fast approaching the close of the 2007 2008 year and I want to take this opportunity to say Thank You for all the hard work you, the Legionnaires, Post, District and Division Commanders have done this year on Membership. It was a rough year, but we tried. As you know we did not meet our goal, but we gave it our best shot and I thank you for that. However, we can not give up yet, we still have time to contact those who have not renewed and get them in to Department before the end of the month. I also want to thank you for the hospitality extended to Frances and myself during our travels through our great state of Texas. Again, thank you, God Bless The American Legion and God Bless America. For God and Country J.G. Lupe Garza Dept Vice Commander 2

2007-2008 DEPARTMENT OFFICERS Paul Dillard, Department Commander J.G. Lupe Garza, Department Vice Commander Harvey Klee, Chaplain Kenneth Mueller, Treasurer Daniel Corbin, Judge Advocate William Moore, Historian Connie Jo Purchis, Sergeant-at-Arms Ronald Cherry, NEC Conrad Roberson, Alt NEC C.W. Sparks, IPDC William West, Adjutant Bob Squyres, Director of Internal Affairs Edward Reyes, Department Service Officer (Houston) Michael Lacy, Department Service Officer (Houston) Beverly Conway, Department Service Officer (Waco) Raymond Wildman, Department Service Officer (Waco) DIVISION COMMANDERS Jimmy Walker, 1st Division Commander Al Marlowe, 2nd Division Commander Pablo Aguillon, 3rd Division Commander Harry Hicks, 4th Division Commander DISTRICT COMMANDERS Bobby Baker, 1st District Commander Jerry Millwood, 2nd District Commander Orval Miller, 3rd District Commander Mark L Thomson, 4th District Commander Dan Arnold, 5th District Commander Glen Newman, 6th District Commander Larry Eary, 7th District Commander Dana Young, 8th District Commander Robert R Rohan, 9th District Commander Dan Musgrove, 10th District Commander Kathy Warren-Miller, 11th District Commander Walter Starr, 12th District Commander Dale Anspach, 13th District Commander James R Carney, Jr., 14th District Commander Albert Cavazos, 15th District Commander James (Dave) Crowder, 16th District Commander George Simpson, 17th District Commander Barry Schoenhals, 18th District Commander Daniel Spence, 19th District Commander Al B Saunders, 20th District Commander Billy Rollwitz, 21st District Commander Lynn E Sparks, 22nd District Commander Jesus E Cantu, 23rd District Commander ADJUTANT S CORNER Change to Flag Code The president signed the Amendment to Section 9 of Title 4 of the U.S. Code which was attached with the H.R. 4986 Bill under the National Defense Authorization Act of 2008. The amendment reads: SEC. 594. CONDUCT BY MEMBERS OF THE ARMED FORCES AND VETERANS OUT OF UNIFORM DURING HOISTING, LOWERING, OR PASSING OF UNITED STATES FLAG. Section 9 of title 4, United States Code, is amended by striking `all persons present and all that follows through the end of the section and inserting the following: `all persons present in uniform should render the military salute. Members of the Armed Forces and veterans who are present but not in uniform may render the military salute. All other persons present should face the flag and stand at attention with their right hand over the heart, or if applicable, remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart. Citizens of other countries present should stand at attention. All such conduct toward the flag in a moving column should be rendered at the moment the flag passes. (continued, p.4) 3

Flag Etiquette STANDARDS of RESPECT The Flag Code, which formalizes and unifies the traditional ways in which we give respect to the flag, also contains specific instructions on how the flag is not to be used. They are: The flag should never be dipped to any person or thing. It is flown upside down only as a distress signal. The flag should not be used as a drapery, or for covering a speakers desk, draping a platform, or for any decoration in general. Bunting of blue, white and red stripes is available for these purposes. The blue stripe of the bunting should be on the top. The flag should never be used for any advertising purpose. It should not be embroidered, printed or otherwise impressed on such articles as cushions, handkerchiefs, napkins, boxes, or anything intended to be discarded after temporary use. Advertising signs should not be attached to the staff or halyard The flag should not be used as part of a costume or athletic uniform, except that a flag patch may be used on the uniform of military personnel, fireman, policeman and members of patriotic organizations. The flag should never have placed on it, or attached to it, any mark, insignia, letter, word, number, figure, or drawing of any kind. The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything. When the flag is lowered, no part of it should touch the ground or any other object; it should be received by waiting hands and arms. To store the flag it should be folded neatly and ceremoniously. The flag should be cleaned and mended when necessary. When a flag is so worn it is no longer fit to serve as a symbol of our country, it should be destroyed by burning in a dignified manner. Displaying the Flag Outdoors When the flag is displayed from a staff projecting from a window, balcony, or a building, the union should be at the peak of the staff unless the flag is at half staff. When it is displayed from the same flagpole with another flag - of a state, community, society or Scout unit - the flag of the United States must always be at the top except that the church pennant may be flown above the flag during church services for Navy personnel when conducted by a Naval chaplain on a ship at sea. When the flag is displayed over a street, it should be hung vertically, with the union to the north or east. If the flag is suspended over a sidewalk, the flag s union should be farthest from the building. When flown with flags of states, communities, or societies on separate flag poles which are of the same height and in a straight line, the flag of the United States is always placed in the position of honor - to its own right. The other flags may be smaller but none may be larger. No other flag ever should be placed above it. The flag of the United States is always the first flag raised and the last to be lowered. (continued p. 5) 4

When flown with the national banner of other countries, each flag must be displayed from a separate pole of the same height. Each flag should be the same size. They should be raised and lowered simultaneously. The flag of one nation may not be displayed above that of another nation. Raising and Lowering the Flag The flag should be raised briskly and lowered slowly and ceremoniously. Ordinarily it should be displayed only between sunrise and sunset. It should be illuminated if displayed at night. The flag of the United States of America is saluted as it is hoisted and lowered. The salute is held until the flag is unsnapped from the halyard or through the last note of music, whichever is the longest. Displaying the Flag Indoors When on display, the flag is accorded the place of honor, always positioned to its own right. Place it to the right of the speaker or staging area or sanctuary. Other flags should be to the left. The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of states, localities, or societies are grouped for display. When one flag is used with the flag of the United States of America and the staffs are crossed, the flag of the United States is placed on its own right with its staff in front of the other flag. When displaying the flag against a wall, vertically or horizontally, the flag s union (stars) should be at the top, to the flag s own right, and to the observer s left. Parading and Saluting the Flag When carried in a procession, the flag should be to the right of the marchers. When other flags are carried, the flag of the United States may be centered in front of the others or carried to their right. When the flag passes in a procession, or when it is hoisted or lowered, all should face the flag and salute. The Flag in Mourning To place the flag at half staff, hoist it to the peak for an instant and lower it to a position half way between the top and bottom of the staff. The flag is to be raised again to the peak for a moment before it is lowered. On Memorial Day the flag is displayed at half staff until noon and at full staff from noon to sunset. The flag is to be flown at half staff in mourning for designated, principal government leaders and upon presidential or gubernatorial order. When used to cover a casket, the flag should be placed with the union at the head and over the left shoulder. It should not be lowered into the grave. 5

June, in the past has been one of the slower months for the busy members of the American Legion Auxiliary. In the last couple of years, this has not been the case. In the past, there was the District and Division President s and Commander s School of Instruction, and Boys and Girls State. In the past couple of years, the Department Convention has been scheduled in June, therefore, making this month very busy. Again this year, Boys and Girls State Session are scheduled this month as is the Department Convention. The School of Instruction has been scheduled for the month of July, which I think is wonderful! This has made a little easier on those of us that are traveling across this great state promoting the American Legion Family. Speaking of the Department Convention, I hope to see many, many members in attendance at this year s Convention meetings. The Convention Committees have done a great deal of work to insure that all in attendance have a fun time! So, if you have not made arrangements to attend, please do so. Having the honor to serve you as your Department President this year has been both rewarding and very enjoyable. David and I have had the opportunity to travel this great state, renew old friendships and make many new ones. This has been the best part of the year as far as I am concerned. The courtesies that you all have given to us have been more than anyone could dream of. Thank you from the bottom of my heart. As many of you have heard me say, if I could sing, I would sing two songs; I ve Been Everywhere and Miles and Miles of Texas. I have truly enjoyed every mile that I have traveled this year. We have visited every Veterans Hospital within this great state. We have traveled to many District Conventions, Unit meetings, Christmas Parties, Fallen Hero Ceremonies, Installation of Officers, Baseball Games, Boys State, Girls State; you name it we have been there. This will be a year that I will always hold close to my heart! You, the members of this great organization have made it special for me. I would be remiss if I didn t mention that serving with Commanders Paul and Joe have made this year extra special. As most of you know, Commander Paul and I have been friends for approximately 30 years. Commander Joe and I have been friends for several years also. Working and serving with them has made this year extra special. We have worked together as a true Legion family. I thank them for this year of service. The Units within the Department of Texas have done a great job working the programs this year. We have not reached 100% in membership but, I know that we will do our best to reach this goal. The checkered flag will drop on June 29th I know that this isn t the end but just the beginning of another great year for the American Legion family. This is something that We Believe and it is true. For God, Country and Veterans, Charlie Dew UPDATE from the AUXILIARY 6

Veterans Benefits Seminars In July 2007, we issued VA&R Bulletin 22-07 clarifying The American Legion s policy on attorney referrals in the event such a referral is requested by a veteran or an attorney. That bulletin provided policy that must be adhered to by accredited American Legion representatives. Accredited representatives are individuals officially recognized by the Department of Veterans Affairs (VA) to represent veterans and other claimants, seeking VA benefits, on behalf of The American Legion. As stated in this previous bulletin, American Legion policy does not permit accredited American Legion representatives to refer any claimant seeking VA benefits to an attorney, nor are accredited American Legion representatives permitted to make a specific referral to an attorney at any time. As a point of clarification, accredited representatives of The American Legion receive their accreditation through the national organization and are, therefore, bound by our attorney referral policy. Although the national organization does not have direct authority to prevent Legionnaires and other individuals that are not accredited American Legion representatives from making attorney referrals, it should be understood that making such referrals is in violation of the rules of the national organization. In the past few months American Legion posts and departments have been contacted by various attorneys, law firms and other groups requesting the use of meeting space and other forms of support for their efforts to conduct veterans benefits seminars or workshops to educate veterans and their dependents about, and provide assistance with, obtaining VA benefits. Some of these individuals and groups are providing these services free of charge while others are charging fees. Some are providing basic information and assistance free of charge but charging for more in-depth service such as actual representation before VA in an appeal. It is in direct conflict with The American Legion s policy regarding attorney referrals for an American Legion post or an American Legion department to sponsor or participate in such events because such involvement amounts to a referral. Moreover, an American Legion post or department hosting such an event could be interpreted as endorsement of or an affiliation with these individuals or groups, which is against American Legion policy. Therefore, American Legion departments and posts should not host these events or otherwise do anything to imply endorsement of such individuals or groups. The American Legion has provided free service and assistance to our nation s veterans, regardless of membership, since 1919. We will continue to provide this service. Questions or issues involving VArelated matters that cannot be properly addressed by the post service officer should be referred to the professional Department Service Officer (DSO) or National VA&R Division staff. American Legion posts that would like to host a veterans benefits seminar or information workshop are encouraged to request the support of their department or state service officers for such events. Please contact Steve Smithson, Deputy Director for Claims Service, VA&R, at ssmithson@legion.org or (202) 263-2985 if you have any questions or concerns. 7

The Legion Times PO Box 140527 Austin, TX 78714 T: 512.472.4138 F: 512.472.0603 times@txlegion.org LEGIONNAIRE INSURANCE TRUST Almost Four Decades of Partnership for a Healthy America NEW DEPARTMENT HEADQUARTERS Legionnaires, Auxiliary & SAL Members, The American Legion Family now has a new permanent home, on May 20, 2008 Department Commander Paul Dillard closed on the new building facility. As many of you know we sold the Ed Bluestein Blvd property last fall and the Department Executive Committee directed the Board of Trustee to look for a new location. After several months of hard work searching and many trips to Austin the Board of Trustee Members, under the leadership of Board Chairman Dellano Shorty Simmons found us a new home. For more information about the Legionnaire Insurance Trust affordable insurance plans and superior service call toll-free, 1-800-235-6943, or visit our Web site at: www.thelit.com 15700 2006 AGIA We will be moving into the new facility around January of 2009, the building was purchased from the Texas Pharmaceutical Association and is 12,666 sq ft and will be the home for the Offices of Legion, Auxiliary and SAL. There will also a Department Museum in the facility and lecture hall so we can conduct training in the future. The official dedication of the Building is tentatively being planned for January 2009 during the Midwinter Conference so that everyone that wants to attend can. More details will be sent out in the coming months.