More than a month after a news report revealed that the Combat Infantryman Badge Rep. Troy Nehls, R-Texas, wears on his lapel was revoked since he was never eligible for the award to begin with, the congressman refuses to take the pin off.
More than a month after a news report revealed that the Combat Infantryman Badge Rep. Troy Nehls, R-Texas, wears on his lapel was revoked since he was never eligible for the award to begin with, the congressman refuses to take the pin off.
Nehls' stubbornness has garnered growing criticism from veterans and others in the community of stolen valor researchers, who say the issue is simple: The rules for the CIB are clear, and Nehls did not qualify.
"The veteran community is starting to get to the point now where there's no room for forgiveness at this point because now they see, ‘Hey, this wasn't an error. He's doubling down now,’" said Anthony Anderson, an Army veteran who runs Guardian of Valor and was instrumental in uncovering Nehls' revoked award. "He knows he didn't earn this award."
The Stolen Valor Act of 2013 amends the federal criminal code to rewrite provisions relating to fraudulent claims about military service to subject to a fine, imprisonment for not more than one year, or both for an individual who, with intent to obtain money, property, or other tangible benefit, fraudulently holds himself or herself out to be a recipient of:
Medal of Honor
Distinguished Service Cross
Navy Cross
Air Force Cross
Silver Star
Bronze Star
Purple Heart
Combat Action Ribbon
Combat Infantryman's Badge
Combat Action Badge
Combat Medical Badge
Combat Action Medal
Or any replacement or duplicate medal for such medal as authorized by law.
Only if you claim to be a cop. Per federal law, you can wear one for fun if you want
It is a defense to the prosecution under this section if the badge is used or intended to be used for exclusively--- (1) as a memento, or in a collection or exhibit; (2) for decorative purposes; (3) for a dramatic presentation, such as a theater, film, or television production; or (4) **for any other recreational purpose. **
Even if you are just doing it for fun though 99% of cops will bag you for impersonating an officer of the law. You might go free later but that isn't likely to stop the arrest.
Is it though? I can claim to be Jesus Christ or sporty spice or Jonathan Taylor Thomas. I can even dress like them. That by itself doesn't get me thrown in jail.
[...]with intent to obtain money, property, or other tangible benefit[...] [emphasis added]
There's your problem. You'd have to demonstrate that he claimed the badge in order to receive some benefit. He's a congressional member of Texas, and Republican; by winning the primary--which likely did not hinge on the medal--he was almost certain to win the general election.
This would be a very, very hard case to make as a prosecutor.