Our thanks for this support from the Nation's largest veterans organization!NATIONAL EXECUTIVE COMMITTEEOF THE AMERICAN LEGION
INDIANAPOLIS, INDIANA
MAY 9 – 10, 2012
Resolution No. 20: Designate United States Air Force C-123 K Transport Aircraft as AgentOrange Exposure Sites
Origin: Veterans Affairs and Rehabilitation CommissionSubmitted by: Veterans Affairs and Rehabilitation Commission
WHEREAS, The American Legion has long been at the forefront of advocacy for veteransexposed to the military herbicides used in Vietnam, as well as those veterans with exposures inlocations outside Vietnam itself during and after the Vietnam era; and
WHEREAS, The United States Air Force (USAF) used its fleets of C-123K transport aircraftin more than 9,100 missions, for aerial application of nearly twenty million gallons of toxicherbicides between 1961 and 1971 in Vietnam; and
WHEREAS, The aircraft were returned to the United States for continued use in airliftmissions by USAF squadrons at Westover Air Force Base (AFB), Massachusetts, Pittsburgh AirReserve Station, Pennsylvania and Rickenbacker Air Reserve Base, Ohio between 1972-1982and were then retired from service and placed in storage; and
WHEREAS, The United States Air Force (USAF) in 1979, in response to the presence ofnoxious fumes, conducted scientific tests on unit aircraft and identified and determined thatsignificant levels of military herbicides and insecticides used in Vietnam still contaminated theaircraft; and
WHEREAS, Additional tests carried out again in 1994 by USAF Armstrong Laboratoriesstill showed the presence of herbicides, and in particular, the presence of highly toxic AgentOrange contaminant dioxin; and
WHEREAS, The contamination was consideration sufficient by the USAF to require the useof HAZMAT protective equipment when carrying out tests or otherwise entering the aircraft; andWHEREAS, As late as 2009, further USAF tests conducted at Davis-Monthan AFB, Arizona
demonstrated continued contamination of aircraft; and
WHEREAS, USAF toxicology staff has testified in federal proceedings that toxic levels of
contamination due to the herbicides were a danger to public health; and
WHEREAS, The levels observed in the aircraft greatly exceed the Department of Defense’s
(DoD) own standards for maximum permissible exposure to any dioxin contaminating interiorsurfaces; and
WHEREAS, Other federal agencies have reviewed the data and concurred that exposures topersonnel at levels exceeding DoD recommendations are likely to have occurred; and
WHEREAS, In response to the State of Arizona and US Environmental Protection Agencyenvironmental concerns, the USAF withdrew the aircraft from commercial resale, quarantinedthem and, in April 2010, ultimately took extraordinary disposal measures and smelted theremaining fleet; andWHEREAS, It is estimated that approximately 1,500 service members, including aircrewsand maintenance personnel were exposed to military herbicide-contaminated conditions on theC-123 aircraft; and
WHEREAS, Many of these personnel, still surviving, now have health problems commonlyassociated with herbicide exposure and have endured lengthy legal struggles to prove theseproblems are service-related; and
WHEREAS, The Secretary of the Department of Veterans Affairs has statutory responsibilityto accurately designate situations and locations that caused veterans to have been exposed tomilitary herbicides used in Vietnam, as well as their contaminants; now, therefore, be it
RESOLVED, By the National Executive Committee of The American Legion in regularmeeting assembled in Indianapolis, Indiana, on May 9-10, 2012, That The AmericanLegion urges the Department of Veterans Affairs to promptly designate the C-123Kaircraft, used after the Vietnam War in the United States during 1972 to 1982, as havingbeen Agent Orange exposure sites to permit veterans who were aircrew or maintenancepersonnel to be eligible for Agent Orange-related benefits.
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