eligibility question

I received an email today regarding the eligibility of Lebanon and Grenada veterans. apparently there are some confusions... here is my reply, with some research, i think will benefit you in case you are being asked the same questions...

Here is the original message:


"Maybe I am looking in the wrong areas but when I look for eligibility for the Grenada area, it either don't show up or I see a statement such as "Congress has not enacted legislation that would make the periods covering the 1983-1984 Lebanon crisis or the invasions of Grenada and Panama wartime service.92". Can you link me to something or send me a congress act which declares this as a wartime? I guess I am one of them stubborn ones that just have to see it in writing somewhere. You attention to this is appreciated. ....And "Merry Christmas" to You and all your Staff!"


In effect, Lebanon and Grenada are not Congressionally declared wars. Since the Constitution of the United States divides the war powers of the federal government between the Executive and Legislative branches: the President is the Commander in Chief of the armed forces (Article II, section 2), while Congress has the power to make declarations of war, and to raise and support the armed forces (Article I, section 8). Over time, questions arose as to the extent of the President's authority to deploy U.S. armed forces into hostile situations abroad without a declaration of war or some other form of Congressional approval. Congress passed the War Powers Resolution of 1973 in the aftermath of the Vietnam War to address these concerns and provide a set of procedures for both the President and Congress to follow in situations where the introduction of U.S. forces abroad could lead to their involvement in armed conflict.

The War Powers Resolution of 1973 is a United States federal law providing that the President can send U.S. armed forces into action abroad only by authorization of Congress or if the United States is already under attack or serious threat. The War Powers Resolution requires that the president notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days without an authorization of the use of military force or a declaration of war.

After Republican President Ronald W. Reagan dispatched U.S. Marines to Lebanon in 1982, he reported to Congress, along the lines mandated in the War Powers Act. With a Republican majority in the Senate but a substantial Democratic majority in the House of Representatives, Reagan's military initiative encountered considerable opposition in Congress, resulting in persistent challenges to the deployment of troops in Beirut. The congressional challenges, motivated primarily by narrowly partisan political considerations, weakened and undermined the Reagan Presidency's negotiating position with Syria and with the various warring political factions in Lebanon, thereby making the situation in which the Marines were involved a whole lot more dangerous than it would been in the absence of congressional challenges.

In late 1983, however, congressional leaders worked out a compromise authorizing the President to keep the Marines in Lebanon for a period of eighteen months. Approved by the two houses of Congress, the compromise was sent to the President for his signature.

In other military actions initiated by President Reagan, he proceeded without invoking the War Powers Act and, in general, acted as if his military initiatives did not require congressional authorization in advance. A notable example was the U.S. invasion of Grenada on October 25, 1983. Seeing a serious threat to American national interests in the southern Caribbean region, Regan had the National Security Council and Joint Chiefs of Staff draw up a plan for the U.S. military operation in Grenada, explained the situation to Democratic House Speaker Thomas P. "Tip" O'Neill, and informed him of the presidential decision that had already been made, as regards what was to be done about the situation. Speaker O'Neill, top leader of the overwhelming Democratic majority in the House of Representatives, indicated that, if the Grenada mission turned sour, Congress would not accept responsibility for the fiasco, that responsibility for the disaster (and its attendant political costs) would be borne either by the President alone or by the President and the Republican Party. Accepting responsibility for the operation, Reagan sent U.S. military forces to Grenada, effecting liberation of the small island nation from the Marxist-Leninist (Communist), pro-Cuban dictatorship that had been established through a coup d'etat.

Shortly after the American invasion of Grenada had begun, all resistance was overcome, since the greater part of the Grenadan population welcomed the invading forces as liberators. A rapid sequence of events ensued: U.S. citizens were safely evacuated from the island, the Cuban agents and so called "construction workers" (in reality, heavily armed and well trained paramilitary personnel) were expelled, the despotic Marxist- Leninist regime was overthrown, and a political coalition committed to democratic elections and more favorably disposed toward American interests was allowed to assume governing authority. Faced with a fait accompli, the U.S. Congress, after the fact, applied the War Powers Act, declining to grant an extension to the 60-day time limit and, in effect, requiring U.S. military forces to be removed from Grenada no later than December 25, 1983. However, the U.S. troops did not leave Grenada until June, 1985.

Therefore, the mechanism was there to enact the War Powers Resolution to justify Lebanon and Grenada, President Regan, however, did not fulfill his executive duties in compliance with Congress to resolve the conflict.

The Department of VA at this time does not recognize Servicemembers of this conflict to be eligible for wartime benefits. Therefore, The American Legion in support of our fellow veterans and recognizing their sacrifices, at the 19th Convention, passed a resolution to recognize operations in these countries. Please visit http://www.legion.org/documents/resolutions/08n124.pdf for review of this resolution.

To conclude, please keep in mind that The American Legion, although federally chartered, is a grassroots organization guided by the collective wisdoms of our membership. While our dates of eligibility reflects Congressionally declared period of war, it is not strictly bounded by congressional actions. Our eligibility dates are solely determined by our membership, amended at times to reflect the need for service to our fellow veterans. Under these conditions, The American Legion has seen fit to expand our eligibility dates to those veterans thereby ensuring their protection under civil engagements.