Location: TX, USA
I have a family member who I just found out I just found out has been getting military discounts and boarding flights early WITHOUT ever serving.
For context, I’ve known him ever since I was young, but we lived in different states so we only catch up occasionally. I remember though for as long as I’ve known him in my adult years, he has been actively asking for military discounts, parking in veteran spots, and has boarded planes when they called for military. I never really thought much of it since he did it with confidence and I assumed he was in for a few years.
HOWEVER, I found out from talking with his wife that he has NEVER served. No boot camp, no college programs, nothing. Only thing “military” he has is an ID card he got when he did a 6 month contract work at a VA hospital. It looks kind of like a military ID, so according to his wife he’s been using it as verification whenever people asked for proof.
Is this legal? How fucked is he if he gets reported?
Comments
Misdemeanor
Texas Penal Code – PENAL § 32.54
This is referred to as stolen valor, and it can be a federal crime. Many states also have their own stolen valor laws.
Elements of storytelling are protected by the 1st amendment.
Using the veteran spots and boarding house and things to do, but there’s no tangible or financial gain.
Obtaining discounts he’s not entitled to is another story. I imagine that he would argue a defense that it isn’t his fault if the company accepts his credential for the discount, but that is not a valid defense. His presentation of the ID to obtain the discount knowing he is not a military veteran is fraud.
I think that your family member’s conduct is deceitful, but I don’t think it violates that Texas criminal law.
If you look closely, the law specifies military service documents or the facts underlying those documents. Simply inferring to have served isn’t the same as falsely claiming your enlistment, MOS, award, etc. And his document isn’t a false record, it’s just one that doesn’t stand for the proposition that he was a servicemember.
I don’t think priority boarding on an airline flight constitutes a fraudulently obtained service. Section (B)(1) of the law referring to “services” involves the labor code and veteran preferences programs. I’m not sure that priority boarding qualifies as receiving a “benefit, service, or donation from another person”, both because of the de-minimis value of the benefit and because airlines are not people.
The law is written to criminalize donation fraud, or benefits fraud, or commercial stolen valor. It’s not made to put guys in jail because they try to get laid by claiming to have been Delta Force. His behavior is closer to the latter than the former.
>How fucked is he if he gets reported
Embarrassment, but very unlikely to be criminal prosecution.