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Military Law

May 2, 2024

The Korean American Valor Act

Under the statute, Koreans who fought in Vietnam to support the United States are eligible for health care at the VA.

4th Appellate District, Division 3

Eileen C. Moore

Associate Justice, California Courts of Appeal

Shutterstock

May is Asian American Pacific Islander Month, a fitting time to discuss a statute enacted by Congress last year, known as the Korean American Valor Act. The bill was introduced by California Member of Congress Mark Takano who stated in Congress that Korean Americans will “finally receive the same respect and consideration that their European counterparts have received for generations.” Under the statute, Koreans who fought in Vietnam to support the United States are eligible for health care at the Department of Veterans Affairs, VA.

Why were South Korean troops in Vietnam?

American and South Vietnamese forces were not alone while fighting against the spread of Communism in Vietnam. They were accompanied by units from allied nations such as Australia, New Zealand and, most importantly, South Korea. Throughout the Vietnam War, South Korean troops were an integral part of the American effort, conducting pacification and counterinsurgency operations and fighting countless pitched battles against Vietcong and North Vietnamese troops. South Korean units were as tough and professional as any in the United States Army or Marines, and came to be justly feared by the Communists.

South Korea’s involvement in the war began in 1964 when the Communist effort in Vietnam grew more intense. The South Vietnamese government made a formal request to the Republic of Korea, ROK, for military assistance. The next year, as the Communist presence in South Vietnam grew, President Lyndon Johnson sought to spread the burden of battling against spreading Communism to other allied nations. Johnson asked South Korea if it would contribute a combat division. Korean President Park Chung-hee agreed to the request. The two sides also agreed that ROK troops would answer only to their own officers, and their officers would exert tactical control over their units but would subordinate themselves to the senior American military officer in the combat zone. South Korea sought several other concessions, including a guarantee of U.S. force levels in Korea.

Deployment of South Korean troops began in late 1965. By the end of the Vietnam War, some 350,000 South Korean soldiers served in Vietnam. More than 5,000 South Korean died with more than 10,000 injured.

Author James F. Larson wrote that President Park viewed South Korea’s participation in the war as a way to receive American dollars. He saw those dollars as a kickstart to Korea’s industrial development.

According to a New York Times article, Korea’s participation in the Vietnam War was a key element of Lyndon Johnson’s Vietnam strategy. Johnson wanted Korean soldiers because he was keen on increasing the number of ground troops in Vietnam without having to confront an increasingly skeptical American public. The Times says South Korea was alarmed by the United States’ plan to move two of its military divisions stationed in South Korea to Vietnam and what that would mean for its security in relation to North Korea. So South Korea rallied to the cause of fighting Communism abroad. The article’s author, Heonik Kwon, wrote that South Korea also wanted to turn its Vietnam experience into a springboard for its own economic development, remembering Japan’s economic recovery after the destruction of World War II and against the backdrop of the destruction of the Korean War, from 1950 to 1953.

Kwon added that South Korean soldiers likewise saw an opportunity. On the one hand, they could pay back what they honestly believed was a debt for American sacrifices in Korea. On the other hand, they thought the money they earned from combat pay could give their families a leg up in a country that was still mired in poverty.

An article authored by Glenn Baek for The Asian Institute for Policy Studies states that South Korean forces made up the second-largest foreign military contingent during the Vietnam War after the United States. Baek adds that Korea’s soldiers played a significant role in averting Communist dominance of the area. He laments that Korean society feels its sacrifice hardly left a mark on contemporary Korea because the recipient of its sacrifice, South Vietnam, disappeared from the map following the Communist victory in 1975. However, Baek disagrees with that popular notion.

According to Baek, the legacies of Vietnam are plainly visible today in that Korea’s contribution to the war enabled the Korean government to secure the necessary capital to jumpstart ambitious economic development. Baek states: “It is hardly a coincidence that Korea’s GDP grew at a rapid pace during the years Korean troops were deployed in Vietnam.”

The valor of Korean soldiers

Korean soldiers fought with courage and valor in Vietnam. Time magazine reported in 1966 that the Vietcong feared South Korean soldiers, stating in the article: “Captured Vietcong orders now stipulate that contact with the Koreans is to be avoided at all costs—unless a Vietcong victory is 100 percent certain.” A battle that exemplifies the bravery and heroism of South Korean soldiers in Vietnam occurred on February 13, 1967 in Quang Ngai province.

During the Vietnam War, South Vietnam was divided into four Corps Tactical zones, I-Corps [pronounced EYE], II-Corps, III-Corps and IV-Corps, for purposes of military operations. I-Corps was the northernmost region of South Vietnam, bordering our enemy, North Vietnam, arguably the most dangerous area for allied troops. Quang Ngai was in I-Corps.

The Communists regularly harassed the South Koreans but did not attack them until that night. They came out of the hills and hit the Korean base from all directions. The South Koreans delivered devastating return fire from their bunkers with machine guns and mortar rounds dropped at point-blank range. As the communists closed in, the outnumbered South Koreans fought hand to hand, refusing to surrender their positions. Captain Chung Kyong Gin eventually pulled back and let the Vietcong into the camp. The Koreans then went back into their besieged camp and trapped the enemy. By morning, the Koreans cleared their camp. All 254 Communists were killed in the assault, along with 15 South Koreans. For his outstanding leadership, Chung was awarded South Korea’s highest honor, and the entire company was promoted one rank. Later, the Korean soldiers received a Presidential Unit Citation for their actions that night.

Health care to soldiers from other countries who served with the United States

Statutory authority for health care delivered to soldiers from other nations is found in 38 U.S.C. § 109 and is known as the Allied Beneficiary Program. The Korean American Valor Act added subsection (d) to the statute. It permits South Korean soldiers who served in the Vietnam War for the U.S. to receive health coverage provided by the VA.

Since 1958, the VA, then known as the Veterans Administration, has delivered health care through the Allied Beneficiary Program, treating veterans who served in the armed forces of nations that were allied with the United States during World War I and World War II. The VA works through reciprocal agreements established with the United Kingdom, Australia, New Zealand, Canada and South Africa. The reciprocal agreements require reimbursement in cash of expenses incurred by the United States. Hospitalization in VA facilities is not allowed except in emergencies, unless there are available beds surplus to the needs of the veterans of this country.

In 1976, the Allied Beneficiary Program was extended to certain veterans who served in the armed forces of Poland and the former Czechoslovakia during the World Wars, but only if they subsequently became citizens of the United States. Because those two nations were under Communist rule when their soldiers served, there are no reciprocal agreements with us.

Hearings on Takano’s bill that became the Korean American Valor Act

The hearings were held on March 29, 2023, the 50th anniversary of the date the last United States combat troops left Vietnam. This is what Takano told the U.S. House of Representatives subcommittee, part of the Committee on Veterans’ Affairs: “This legislation will provide eligibility for VA healthcare to veterans who served in the Armed Forces of the Republic of Korea as allies of the United States during the Vietnam War who have since become naturalized U.S. citizens. This will be done through a reciprocal agreement. Korea would reimburse the United States for the healthcare services VA furnishes to these Korean American veterans. In exchange, the United States will reimburse Korea for health care it provides to veterans of the U.S. Armed forces residing in Korea.”

One of the witnesses at the hearings was Alfred Montoya, the deputy assistant undersecretary for health at the VA. Montoya testified that “VA does not support this bill. In addition to a technical concern and equity concerns for other nations, there is also a concern about expanding healthcare eligibility to persons who served in Armed Forces of other nations before we can fully address expanding eligibility to veterans and priority groups not covered within our own current veteran population.”

A representative of Paralyzed Veterans of America noted the bill would give roughly 3,000 Korean veterans who are naturalized citizens of the United States access to health care, stating: “While they served under a different flag during the Vietnam War, they served with the same duty, honor, and valor as our United States service members. The Korean American Valor Act simply extends to them the same recognition and benefits the country has given our U.S. European allies of World War I and World War II.”

Conclusion

Who is actually covered under the Korean American Valor Act is not clear. A 2021 version of the bill required that recipients were American citizens, which matches with what Takano told Congress. However, the final version of the Act does not contain a citizenship requirement. According to a representative from Takano’s office, it is likely that some sort of reciprocal agreement between the VA and ROK will include a citizenship limitation. Assuming such is the case, only the 3,000 Korean Americans who became United States citizens after serving in Vietnam are eligible for VA healthcare, not all 350,000 South Koreans who served there.

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