Case 1:09-cv-11156-JLT

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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS COMMONWEALTH OF MASSACHUSETTS, Plaintiff, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; KATHLEEN SEBELIUS, in her official capacity as the Secretary of the United States Department of Health and Human Services; UNITED STATES DEPARTMENT OF VETERANS AFFAIRS; ERIC K. SHINSEKI, in his official capacity as the Secretary of the United States Department of Veterans Affairs; and the UNITED STATES OF AMERICA, Defendants. AFFIDAVIT OF WILLIAM WALLS William Walls, being duly sworn, hereby deposes and says as follows: 1. I am employed by the Massachusetts Department of Veterans Services (DVS), Civil Action No. 1:09-cv-11156-JLT

an agency of the Commonwealth, where I serve as the Director of the Massachusetts Veterans Memorial Cemeteries. I have held that position for four years. 2. My job responsibilities include overseeing fiscal and regulatory requirements for

veterans cemeteries in Massachusetts, reviewing all files for compliance, acting as a liaison with other agencies and state officials, and interacting with veterans and their families. 3. The Commonwealth of Massachusetts has two cemeteries for burial of eligible

Massachusetts military veterans, their spouses, and certain of their children. These cemeteries are located at Agawam and Winchendon, Massachusetts. The cemeteries are operated solely by the Commonwealth and are located on land owned by the Commonwealth.

Case 1:09-cv-11156-JLT

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4.

As of February 17, 2010, there were 5,379 veterans and family members buried at

Agawam and 1,075 veterans and family members buried at Winchendon. 5. DVS has received federal funding from the United States Department of Veterans

Affairs (VA) for the construction of the cemeteries at Agawam and Winchendon. In 1999, the VA provided $6,818,011 for the construction of the Agawam cemetery. In 2003, the VA provided $7,422,013 for the construction of the Winchendon cemetery. Also in 2003, the VA provided $4,780,375 for the expansion of the Agawam cemetery. 6. The VA also reimburses DVS for the costs ($300 per burial) associated with the

burial of veterans in the cemeteries at Agawam and Winchendon. See 38 U.S.C. 2303(b). As of February 17, 2010, DVS had received $1,497,300 in such plot allowances from the VA. 7. The federal funding for the cemetery construction and expansion was provided

through a grant program administered by the VAs State Cemetery Grants Service, which is a part of the VAs National Cemetery Administration. 8. The State Cemetery Grants Program was created in 1978 to complement veterans

cemeteries operated by the National Cemetery Administration. Through the combination of federal- and state-operated burial sites, the VA seeks to make a veterans cemetery available within seventy-five miles of 90% of the veterans across the country. See United States Department of Veterans Affairs, State Cemetery Grants Program, http://www.cem.va.gov/scg/scgkit.asp (last visited Feb. 17, 2010). 9. Federal funding for the cemeteries is conditioned on the Commonwealths

compliance with regulations promulgated by the Secretary of the VA. 38 U.S.C. 2408(c).

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10.

The VA can recapture from the Commonwealth any funds provided for the

construction, expansion, or improvement of the cemeteries at Agawam and Winchendon if either ceases to be operated as a veterans cemetery. 38 U.S.C. 2408(b)(3); 38 C.F.R. 39.18(a). 11. The VA regulations include the requirement that these cemeteries must be

operated solely for the interment of veterans, their spouses, surviving spouses, [and certain of their] children . . . . 38 C.F.R. 39.5(a). The Defense of Marriage Act (DOMA) provides that a same-sex spouse is not a spouse for purposes of federal law. 1 U.S.C. 7. 12. In order to be buried at either Agawam or Winchendon, a veteran must first

submit an application. As part of the application process, the veteran must document: (1) his or her veteran status; (2) his or her residency in Massachusetts (or that he or she entered military service in Massachusetts); (3) his or her proof of honorable discharge (those who have been dishonorably discharged are ineligible); and (4) if he or she wants his or her spouse buried in the cemetery, a copy of the marriage license. Applications may be submitted prior to the death of the person seeking to be buried in the cemetery, or after death by a family member or representative of the decedent. 13. Massachusetts veterans and their family members regularly submit burial

applications on their own behalf in advance of death. DVS either approves or denies these applications based on the information contained in the applications and eligibility information obtained from the relevant branch or branches of the military. DVS is not required to and does not consult with or seek approval from the VA before approving or denying an application. 14. A decedent is generally interred in Agawam or Winchendon cemetery within

three to five days of death.

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15.

When a veteran or his or her spouse dies and is buried at Agawam or

Winchendon, DVS enters information about the deceased in the Burial Operating Support System (BOSS), a computer system administered by the VA. The data includes the gender of the deceased. When the deceased is a non-veteran spouse, the individual must be linked to a veteran. 16. At the end of each month, DVS submits a form to the VA requesting

reimbursement for the costs associated with the burial of veterans. No reimbursement is sought for the burial of spouses. 17. On or about March 30, 2004, DVS sought clarification from the VA as to

implementation of the Supreme Judicial Courts decision in Goodridge v. Department of Public Health with respect to the burial of veterans and their same-sex spouses. By letter dated June 18, 2004, the VA responded that the VA would be entitled to recapture Federal grant funds provided to DVS for either [the Agawam or Winchendon] cemeteries should [Massachusetts] decide to bury the same-sex spouse of a veteran in the cemetery, unless that individual is independently eligible for burial. Letter from Tim S. McClain, General Counsel to the Department of Veteran Affairs, to Joan E. OConnor, General Counsel, Massachusetts Department of Veterans Services at 1 (June 18, 2004). A copy of the letter is attached to this affidavit as Exhibit 1. 18. The VA further stated that, in light of DOMA, the cemeteries at Agawam and

Winchendon would not be operated solely for the interment of veterans and their spouses and children if [Massachusetts] allowed the interment of a person solely on the basis that the person is recognized under [Massachusetts] law as being the same-sex spouse of a veteran. Ex. 1 at 2.

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19.

On June 4, 2008, the National Cemetery Administration published NCA Directive

3210/1, which states that individuals in a same-sex civil union or marriage are not eligible for burial in a national cemetery or State veterans cemetery that receives federal grant funding based on being the spouse or surviving spouse of a same-sex veteran. NCA Directive 3210/1 (June 4, 2008). A copy of the NCA Directive is attached to this affidavit as Exhibit 2. 20. In 2008, I attended a National Cemetery Administration conference. At that

conference, a representative from the VA gave a presentation making it clear that the VA would not permit the burial of any same-sex spouses in VA supported veterans cemeteries. 21. On August 22, 2007, DVS approved an application for burial in the Winchendon

cemetery submitted by Darrel Hopkins and Thomas Hopkins. A copy of the approved application is attached to this affidavit as Exhibit 3. 22. Darrel and Thomas Hopkins were married on September 18, 2004. A copy of the

marriage license is attached to this affidavit as Exhibit 4. 23. Darrel Hopkins is a veteran of the United States Army. He retired from active

military service on May 31, 1982, after more than 20 years of service, and was honorably discharged. A copy of the Certificate of Discharge is attached to this affidavit at Exhibit 5. 24. Darrel Hopkins achieved the rank of Chief Warrant Officer, Second Class. His

decorations include two Bronze Stars, two Meritorious Service Medals, a Meritorious Unit Commendation, an Army Commendation Medal, four Good Conduct Medals, and Vietnam Service Medals (1-3). He served for thirteen months in Vietnam during the Vietnam conflict. He was stationed in Germany for seven years, including three years in Berlin while it remained an occupied city. He also served for three years in South Korea, with most of his duties being

Case 1:09-cv-11156-JLT

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pedormed in the Demiltaized Zone. He also served as the division chief and operations officer
at the School of

U.S. Army Intellgence at Fort Devens, Massachusetts.

25. Darel Hopkins is eligible for burial in the Winchendon cemetery due to his status
as a.miltar veteran and a Massachusetts resident. He is 65 years old.

26. Darel Hopkins' spouse, Thomas Hopkins, is 58 years old. He never served in the
United States military, By virtue of

his mariage to Darrel Hopkins, which is recognized in

Massachusetts, Thomas Hopkins is eligible for burial in the Winchendon cemetery. Under
federal

law, which does not recognize his marriage, Thomas Hopkins is not eligible for burial in

the Winchendon cemetery,

27. The Commonwealth intends to honor the wish of

Darel Hopkins and Thomas

Hopkins to be buried together in the veterans' cemetery at Winchendon.

Signed under the pains and penalties of

perjury under the laws of

the United States on

this I ?i +-i.

day of

February, 2010.

/:l /,!f r I JdS/

Wiliam WaUs

./ / 1/' '.I /jj

'f .I

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EXHIBIT 1

Case 1:09-cv-11156-JLT
-,,- '. ~

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. ll

DEPARTMl:NT OF Vf:TERANS AFFAIRS

Offce of the General Counsel

Washington DC 20420

wnW8&
In Reply Refer To:

022

General Counsel .
Massachusetts Department of Veterans' Services 600 Vvashinglon Street, Suite 1100 BostOn, MaSsephusetts 02111

M.s. Joan E. QIohrior

Dear Ms. b'Conhor:

. .1 am' responding to YO,urMarch30, 2004, letter to pepartment of

Veterans Affairs (VA)Reglmal Counsel Ed.ward ~.~.Lukeyconaerning,lmpJmntation ofth.decision.f ' the. Supreme Jy.d,icJal Coun of Massachusettsd'in 'GOodriqgev. Departmen.tof Pblie Wlfaie. 4.0 Mss. '30e (2003),whlch,generafly helg, thaUhe'Massaqhustt .Constitutin prtects same-sex marriages. Specffcelly, y()ur Jettfsks whether the
'Massac;husE!tls -Depa.rtmentof Vte!Jm~' ServjFes (DVS) may

bury the same-sex sppuse of a veteran in Its Agawam .or ,Winchendon ,state veterans cemetery without

10singF~~,eraliundjng pr9vided unger YA's~tate" cmetery'g~l)ts progr~m, As J explain

In graatEft detaJIt:b/w, wecpe/ieve;VA Yiould be,entitl.eddtorecaptu.r Fed~l;g.ant

funds,prvidedto-,OVSfQr 'eifher of those. cemetenes'sno,ua ~pVS 'declde;lQ bury the same-sexsppLlse ofa veteran:inthe,cemet~iyj unless that individuallsindependentfy el~gible.forbiJrfl oQ.sme basis,oth.er tnanpeigthe Spouse oftheyeteran.

~ ;,"' ... .. ". - . _. . . _. ,._. ",

Sectio';2408(b)(3)oftitl,e'S8, United,StatE!sCp~;eproviqes that tt United

States shall be entitled to. recover state cemetery.grnt funds if a state "ceases to .' ,operateJa VA-:funddlcemetery as_ veterans' pemetery:" Congress did not define

"vetjns' ceretery" in se~tin 2498;ute~pressly.auJhoxlzed tlie,Secretry of Veteians;'AffairEltoesta~ast regalations"gover,n.ilJg'.th conditi~ forst,t cemetery
a i.tnarity, the Secrtary prc:ml.g~te,d regulatlon.s that;condJtion,g~~,nteligibilty uRon operating a ceriete,. IIslely for the iritenrient 'pf veterans~ their wives; husb~:ms,'survivlng sP9use~. minor:2i;lidren,eQdu~~iiTrje aqHtt aliildfen who 'Afm~physicallYdQr mentally grantawards. S,e~ 38 U.S.C., 24Q8(c). Pursiiant to thls statutoiy

disablecrdandincapaJ:~le of self:.spport." ,See ,38 C.E.ad.aa.2()(2003).VArecently . mdifi~d ftsreg~latjns to provide, 'srnopgcQthertlinQ.8,tlietta Stete veterans' 'cemetery
surviving spouses," C:r'dcertain children tobeeligible for funding underthe state cemetery grants
progrrn. See 38C.F.R. 39.5 (2004). . Although Part ~9 or musf b9prat~d soi~iyfpr the Jntermeht .of vetert:ns~ Jhe.itsppus.es,

Regulations, hee never inpluded a qflnition ofthe'wo~p,s "wife.lll'hlisoand/' and lispouse," It is'C1eerJr)mtheir Common meaningOthat tfiose'wors describe person

title .S8, Cod.e of Federal

wlo is lImarried" to veter~rri. . .~.

Case 1:09-cv-11156-JLT
2.
Ms. Jbn'E. O'Connor
Urider Federal

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sp?use of a person of the same sex. Section 7 of tile 11. United.

law, "marriage" does n'ot include being tHe wife, husband, or ' States Code; provides:

In determining the meaning of any Act of Congress, or of any ruling, , regulation, or Interpretation of the various administrative bureaus and the United Stfltes, the word Ilmarrlageil rteans only a~legal agencies of union' between one man and one woman as ,husband and wife, and .the , wordllspouseH refers only to a person of the opposite sex who is'8 husband or a wife.

This Federa law.governs the Sec~tai''s determination ,of whether a state cemeterY Is being operatepil1 accordance \\i'h VA regulations. Unqer fOrmer section' 39.2(a)ana curreTlt section 39.5. a state. cemetery would npt be oPcereteg,eolely for tti interment of
veteiansEmdthelr spouses al1d cnildren if it allowed the interment of a"persoli solely' oli

the basis thafttiepers~n is,re.c09iii~ed urier state Jaw,as belng,the same-sex spouse
. of avetersn: The United States Government would have discretion to

invoke the recapture pr~vlslons of 38 U.S.G. 2408(b)(3):~hpul~oOVS. decicje toauthorlzethe,

Interment of same-sex spouses at t~e.A9awam',~r Winchendon cemetery.

, .' 'VYhiJe ~e beli,eve section 2408 would entitle the Lfnited States to recapture cemeter~grant funds if a.grantee permltted the brjI ofveterans' same~sex spouses, whether the Govemrnent,svQl'ld assert sr.h claims',v(oull..;.ea.e,nd HPon the policies, of
. the executive branch Offcis -in~6icb' a the tin

'. ..,~ ~i -t. .N...';-'._-- ,.,' ..- .'.. '. .,i-~, - -~.---- - - .;'" _

ie. . . -

, Ybur letter states that DVS. receves VA grlints only under th' state ceiietery

grants program. Nonetheless,you'ask.whetherthe same-sex spouse of a veteran

would be entitled to, receive the benefit 'of any other grants that VA ma~ provide to DVS
in the future for the assjstanqeofvete(ans and 'the'

their spo,uses. .Nou.shouldQe aware that

Goodrigge q~cislqn ~~al'e iniPIic,aticms fClr t~eJHoIY9ke,;can..qhelsea Soldiers' Homes. VA provides~grnts to~ttes'to 'assist in, the acquisltiDn,consrLctlon, tiila . ll3;;lovatJon of.State.veterans' h(jrnes:StatesrhList verifyt.bat(Df'rnore~nn 25. percent

. of ahome'sfeaiQents'willJ.e~p.Pj~etrans tq"qalifyJor'F~gera~ralitfuhds. See 38

u.s.b. ~135(a)(4). VA h~s'iong lrierpreted this residents"

of stte veterans. homes be;either veterails' spouses orparents'f certain'

,,\fould Drobablv not
grants

Jaw

as requir.hgthat nOr1,,veteran

deceas.ed. veterans. Admission of saTe-sex spouses of veterans trigQWbe::~.pivisiori f~.r these reapture If

a home ceassto'be operat~d prinapally for ,furnishing care to

'However, VA's lriterpretationof section8~35 woLilq rendeftl'e Hplyoke and Chelsea Soldiers' Homes ineligible for fture grants if those homes admitted the same-sex spouses of veterans.
As you know, VA also provides ,Pe.uJlem O.!~n:H::nts to Massachusetts to help

in 3S U.S.C...i-36whffl1uinmlzes veterans.

defray the cost of hospital, nursing home, and dotnicHiary c~re provided to veterans in the Holyoke and Chelsea Soldiers' Homes. Stat holTes must met the standards . prE-'scribed by VA to receive per dem payments. 38 U.S.C. 1742(a). Ttese

Case 1:09-cv-11156-JLT

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3.
Ms. Joan E..O'Connor

standards require that all non-v8.teran nursing hom~ .rsidents receiving care in state veterans' homes be either veterani:'_~m.9L!.ees or parents of certain deceased veterans. See 38 C.F.R. 51.210(d)., VA manuai provsionsmpose the same requirement upon state veterans' home facflities for per ~iem payments for prvislon of hospital nd
domicilary care. For the reasons described above in ou(dlscussionof . .

. - : -

1 U.S.C. 7, the Massachuset.ts Sldiers' Homes wuld not satlsfflhls requirement if

they admitted the same-sex spouses of veterans. VA would be requited .by I;w to .
.withdraw recognItion ofthe homes and.cease paying per diem.forthe care of

veterans

In those homes should such admissions occur. '

You also ask.for our opinion concerning the Impact 'of Goodridge on annuites

on a VA . . finding of service-connected death. SeGtion 2307 ot-itle 38, UnIted Sttes Code,
provided 10 surviving spouses by DVS, which we.understand' are contingent

authorizesVA to p,ay budaI-ana funeral expenses incurred as a result of a veteran's

seivce~connected death "upon the request of the s~rvivors of such veteran.lI. VA has , interpreted this statute as authorizing' the filing' of servjce~connected burial claims by' pay burial. e'.pehaes, and funeral diredrs; indiYiduals whoiused.parsonal funds to . executors qr administrators of veteran$'-esttes. See 38.C.F .R.. 3.1601 (a)(1). - Thus, VA's corlsideration of a claim fors6rvice-connected burial'benefits'is notconditioned.' a person recognizd under state. uponmsrriage,and such benefismay be' claimed by.
lawas,beng.the.same-sex sposeof a veteran as long as that'person used funds

personal to py the veteran's buriel expenses or is th.e executor or administrator of th "

veteran's estate~ Accordingly, VA would make finding as to whether a veteran's death a same-sex spouse who .. had paid funeral or burial expenses of a deceased veteran.
was service connected in a claim under 38 U.S.C. 2307 by In a

separate communication.with Mr. Lukey, you asked whether the plot

allowance that VA pays to states tht provide for the interment 01 cartain veterans also 2303(b) of title 38, United States . Code, authorizes Vp., to pay a $300 plot or interment allowance to a 'state that bures a
applies to the interment of veterans' SP9uses. Section "veteran" without charge for the cost of a. under section 2303(b) to pay the a1l0wance to states for burial of.

plot o'r interment. VA."oes, "riot have authority veterans' spouses.

I hope this informatio!, is helpful to you.

~ :"
Tim S. McClain General Counsel

Sincerely yours, .

I /A 5. ;i.~

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EXHIBIT 2

June

4, 2008
NCA DlRECTlVE 3210t1

PERSONS-----'._-- "-~~___.~I!.d"""II"'" '''il INEliGIBILITY CRITERIA

~YTtIORITY
;"

'INEuiIE lI!l~ll!lI~"I!f
SefVllnofcons-dered actie militry servie in th-ied Frs
PLaw95-202, 401,

(6) Vetnam Civilan'

ii;
"J'

POWs/lnternees
offua U.S. for all lav.tS administered by VA.
publishe in 47 FR

Determination date

January 28, 1982, as

6916
Wiila some States recgnize sama-s civiliinios or marrages
for State benefit purpses, individuals in a same-sax civil union or
,marrage are notellgibla for burial in a national cemetery or

Case 1:09-cv-11156-JLT

(7)""3me-sex ---..spouses or partners

U.S.C, 101(3) & (31)

of

veterans
State veteran.~ cemetery that receives federal grant funding based on being the spouse or surviving spouse of a same~sex vetemn. 38
U.S.C. 101(3) and (31) expressly provide tht the terms .spouse" and "su'rviving spouse" respectively refer to a persn of the

38 CFR 3.50(a) 8. (b)

Document 31

oppuite sex.

Filed 02/18/2010 Page 12 of 19

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EXHIBIT 3

Case 1:09-cv-11156-JLT Document 31 Massachusets Veterans

Filed 02/18/2010

Page 14 of 19

w
(if applicable),

Massach' Memorial Cemetery

III Glenallen Street

Drial Cemeteries
l 01001
.821-9839
)

Winchendon, MA 01475 978 297 950 I fax 978 297 4271

APPLICATION FOR INTERMNT REGISTRATION Masschusetts Veterans' Memorial Cemeteries

G
o V i.
. .

Tlis application is used to estblish the eligibilty of a vetera for intennnt in 'a Massachusetts Veterans' Memorial Cemetery. It
should be submitted to the ~ 'address shown above, along with milta servce, residency documentation, marrage certficate

" , ,0 AGAWAM 'fX'WICBENDON

and birth certficates for veteran, spouse, anclor dependent child(ren). PLEASE READ ALL INSTRUCTIONS

AN REOJJMENTS CARFULLY. All applications remai the propert of

the print legibly) VETERA APPLICAN'S NAME AN PERSONAL INFORMTION: (Typ orMassachusett Veterans' Memorial Cemetery.

1. FIRST 2. MIDDLE (or initial) 3. LAST

D/4RRGI4.

SUFIX

5. CUNJ ADDRESS (number, street, apt.unt, city, state and zip)

!-/lW,i Yll

lfJ J( J ilS
6. HOME PHONE (include ar code)
... ~ '.-,

(Jr., Sr., etc.)

7. WORK PHONE (include ara code)

8.ETENSION

J('I?3
11. MARITAL

maied divorcd
X.
13. FIRT
14. MIDDLE (or initial)
15. LAST

STATUS

lQ. GENER
male

female

X.

ouse wishes to be interred at this Cemete

il+il1M lS

c.,45f.'l
18. SOCIAL SECUR NUER

!6.SUFIX
(Jr., Sr. etc.)

MONT DAY

17. DATEOFBIRlH

, l-flJK IN,S
19. IS IT ANTICIPATED THAT

WISH TO BE INRRD AT TH CEMETERY?

VETERA'S SPOUSE

WILL

ALSO

YES I~
VETERAN'S MILITARY SERVICE INFORMATION:
. 20. BRACH OF SERV/,mus be consistent with ragrde)

NoD

Cf

5
s
(l

~ ..
:i
7\

IlttMY
22. SERVICE NUBER

21. WAR SERVICE (check aplicable box(es))

OO~ r
23. HIGHEST RA

WWH KOREA VITNAM PERSIA Orn (specify)

ATTAID (Documenttion
requied) c: L.i/:i

& GRA7

PERIODS OF ACTIVE DUTY MILITARY SERVICE

24. DATE(S) ENTERED

25. DATE(S) SEPARTED

MNTH DAY YEAR /MONT' DAY YEAR

i eertif that all inonation i have provided on ths application and the supporting docuentation is tre and corect to the best of my knowledge. I cel1ifY

DOD DOD
/a./ CI 16J.

, 1~5'J 13 113',21

t~t I have rea and undersand ;i of the reii~ e"ts and obliHti9 , ural.. ~~ed under the penalty ofpeiur.

SlgnalureofVeteran.SpouseorNeitofKi:,' "~t. :' fi~ Date: 7 -I .- J-DOJ

To Completed B:?~
~.,/

Name & Title:-,. ,/r ,/ ,.-yJ,.' ""4::f

( ...., t';i

"",,,'- f", ;. 1 '

'. pproved 0

J .; ~a",ler~1_."\..~ :.t:

/7 i

Pendig 0 Disapproved
A. ~" !/' r::1;;$9

,Form:'PlA-lOl (Fe6 2002).'

:' -

Date:

-;;J.~;t --r7

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EXHIBIT 4

Case 1:09-cv-11156-JLT

Ukolvn of l1edtmns'ter~ !lliTsl1bu5etts

f!Ufr.e of !!Je' t!oltu ttl.eik

. . .

Document 31

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Page 16 of 19

. DEPARTEN OF PUBUC HEALTH

. . 1 Place of Maage CERTIF1CATE
City orTow ' Etc b,b l )'-;2 2
(D not enter ii or viag or se or city or to)

~wh! QIm.ea1 of .1.s.ett

REGISTY OF VITAL RECORDS AND STATISTCS
(StaIB fi 1I)

WESTMINSTER
(Cit or tewn mag mu)

OF MARRIAGE

Rcgilc No. .3 iR i'l i aDo" Iireoo No. 04-29

3 FU NAM PARTY A

Thomas Paul Case 3A SURAM

AF MAGE

4 DATE OF BIRTH

NO. & ST.

REIDENC

7 NUER.QF

Sb~ Westminster MAGE

(Jst, 2nd, 3rd, etc.) 2nd
(Ci or town)

ST.MA CODE 01473 7A WIOWED

ZI .

ST.MA EgDE~
15
16

8 BIRTHLACE

Divorced

OR

DIVORCE

15A WIOWE 2nd i D vorced OR DIVORCED

Fitchburg, MA

9 NAM OF Theresa MOTIIPARNT

10 NAMOF

J7
18

,. Westminster according 10 law, th 24th day of August 20-.

'OCOURTWAlVERissued August~!C~ty) by Denise L. MacAloney. Town Clerk

Harry Hopkins i 9 nm INON OF MAGE by the above-mentioned persons was duly entered by me. in the reor of the Communty c

FATIIPAR Edmond Jose h Case

o AGE ORDER (Month) (Day) (Yea) (City or Town Clerk or Registrar)

20 I HEY CERTI thai i solemize the marage of the above-named DeT30ns at No. Newmn Center Chapel s . . (If marage was solei in a chun1i give its NAM instead of sir and numbe)

Fi t bur on September i 8, 2004

Donna M. Youn (

Signatu

Solemnizer
01430

(Month) (Day)

(Year)

(Membe of the CI.,gy, Preot, Robbi, in r Jiinice of tb. Peacc. cl0.)

Addr
21

48 South Main St. Ashburnham; MA

(Pr or type name)

22 PARTY A SEX: ~E OFEMAE.

I do hereby'certify that the foregoing is a true copy from said records.

Witness my hand and seal of said Town. of

:5@/I1hu . aCJo~
l

Westminster 011 this ~3-'~ day of

Year Volume
No.

J.o~
Marriages
."1 .

. ~/Wi l Nalld-lI?j Town CLtt - ~cJL i

Case 1:09-cv-11156-JLT

Document 31

Filed 02/18/2010

Page 17 of 19

EXHIBIT 5

Case 1:09-cv-11156-JLT
CAUTION: NOT ro BE USED FOR

IDENTfFICA nON PURPOSES

.... ..1
! i I J I

Document 31

Filed 02/18/2010

Page 18 of 19
ANY ALTERA TlONS IN SHADED

THIS IS AN i~.ipORTANT RECORD SAFEGUARD IT

DD ,;:ti~ 79 &RM

214...:

PREVIOUSEDITICNS CF fHIS FORM AilE OBSOLETE.

I. NAME'r:!t, irst. mit12). ..'..

CERTIFICATE OF RElEASE OR OISCHARGE FROM ACTIVE DUTY

AREAS RENDER FORM '/010

l!Wi.S ~ DAmta:~JiwA\im ....:.

44. (' "'DE. RATE OR llN(~. 'i,:;,

2, DEPARTMENT, COMPONENT AND BRANCH

C"jz"';',T

llftYV/"'Tc'A'TR'1T1 .~::.:.. L;L.":i. l' ,

5. DAlE OF BIRTH il. PLACE OF ENTRY INTO ACTIVE CUTY

4b. PAY GRADE

W-Z

,._-~
DNONE
AY ('I)
YEAR (s)

7. LAST DUTY ASSIGNMENT AND MAJOR CO..IMAND

I

AlUNGTON'.. VA
B. SlAflON WHERE SEPARATEO

S & F CO 2nN ur:A!Sn

9. COMMANO TO WHICH TRANSFERReo
i 1. PRIMARY SPECIAlTY NUMBER. TITE AND YEARS AND
MONTHS IN SPECIALTY (Additnol sp,!l:ially Itumbiirl and IUIn U1uoluing perods of one or more ymr!J)

TC FORT DE'V'EHS.. ~~
10. SOU COVERAGE

'."" Ii .
.1
i i

i i

US/ut COl'ITL GROUP (Runo:m..'E) USA RCPAC. S'l LOUIS ~ ?- 63132

12. RECORD OF SERVICE

AMOUNTS 3 5. 000
MON (s)
a. Dale .Ente,ed AD Th I. Period
b. S.o,allan Oal. Thli Period

;~jt;k~~~~

25::: EL'EC1'ROmC i:AP.F.E/IrlTImCEPT RaUIP!1t;:r REAIn TEC11lJ:CIAN

i: Net ActIvo Se",l.e Thi. Period

d. Tolal P,'o, Ad,,,. Se,.lce
eo T..'al Prior lnactl.. Se,,,i..

76. 82

OG

05
11 01 02 00

11 31

05
14 00
1)2

20 12
01
DB

6 Y', 0 T~

r. l'o,.lgn 5.,,,1..
g. Sea Service

h. SHo.tl.. Doi. o(?oy Grade

13. DECORATIONS. MEOAlS, BAOGES, CITATIONS AND CAMPAIGN RIBBONS ""WAROED OR AUTHORIZED (AUpericds of seroice)

00
13

00
OF.

I?
11

on iju 00 rm.6,rlr: STl-F. !mnft..,_~~~TO~ICTJS S~VICE !''DlJ.~.io1EITOr..!,us mITT Cmt1Et"DA.TIC1i~AmiyCOHHDI_

.!. R...rv. 'Oi,llg, T..mi, Dol.

TIO~i r!E.i(lST OAttF.:. ciUS:l.itt) ,GOOD GCm:nfCT HEDf.L(4'lH A\.:,i:,R'I),.A~ (J ,nCCtDATION(Bn!.~~) 7r~..!or.pi DEFF"ISE Sm?VICE ?:mDJorL, VI'E.1\~ SERV!Crz t!E~i (l-3)VlEn'.A! crOf'S 0F Gl!.LI.;

14. MlliT AllY eOUCA !ION (Course Tt, number weeks. and month ana year eompleted)

,.Y ;;lP. ~'''.i?;.mTir. r:.. ,tt"!17'r-H '!'' Ct\~TA ~: ~.tr-:rM":..CVLm,z;\~ fiLr'lTCL R BEG~.; J:TD~ ,?!3

\1:,:,;:(,(..::1

01-78
Suli\f D~vh.'Lr C?~
I

3 ~iE 1977

1 -.ri; 1978

1.5. MMBER CONTRiaUTED TO POST.VIETNAM ERA

VETERANS' EDUCAtiONAL ASSISTANCE PROGRAM

.i
,

ia. REMARKS

O . r.

16. HIGH SCHOOL GRADUATE OR EOUIVALENT

17. DAYS ACCRUED.

LEAVE PAID

YES' L. NO

fK YES 0 NO

~.,

)J

SE !'l # 13: ~ SEVICE !'..:BBO-t O'SEAS SnvCE !l (2), ir l'SSIOR

,i

D~ RIlJBON(3) ~MEiTGiucus SERVICE lfAL(lsr OA."(...J CLl!'tJ l

'".' .f

L. .,

::'~.':':'::-.,:;I , I

; ; i I i ,

20. MEMBER REQUESTS COPY BE

, SEno r4 Ofll. OF VET

22. TYPED NAM. GRADe. IlllE AND SIGNATURE 0;: OFfICIAL

4FFAIRS IE YES 0 N~

)::: . ).l."";j,'/r... "',' '. "..

..

AUTHORiz SIGN -~ //

.j

UCl .W':, ~:i~'

~--' ./ l/.' . //.

HONORALE
26, SEPARATION CODE

TUBFm 1'mr.
...

....j

-:.:::.'~'~~~:1

23.. TYPE OF SEPARATION

2.5. SEPARATION AutORII

2B. NARlAtivi: REASON FOR SEPAIAJlON

29. DATES OF TIME i.ST DURING THIS PERIOD

DQtJ SERCE.
NONE

RE ~
.". .

"--.::,'7'"

iipCIAL ADDIrIO~AL IN-'O~~T)~~'~~O~;:b;'.~~~;J~~ ~~~-:~..;.~::-.~~::d" "'.:'''" ,,~~:,

24, CHARACTER OF SERVICE (bu upgT')

10 us

.. . .

R.lI

'FR ~.

.'

127. REEU.~~ENT CODe

. .

NA :.: ,.

..

,130. MEMl REQ~PY 4

INIT.ALS

MEMBER .4

Case 1:09-cv-11156-JLT

Document 31

Filed 02/18/2010

Page 19 of 19

CERTIFICATE OF SERVICE I, Jonathan B. Miller, hereby certify that this document filed through the ECF system shall be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies shall be sent by first-class mail postage prepaid to: Mark A. Thomas 482 Beacon Street Boston, MA 02115 Proposed Intervenor

/s/ Jonathan B. Miller______ Jonathan B. Miller Assistant Attorney General