And Lo, for on the 3rd day did Poe come down from the mountain and give the people documents that prove he was lying….

| June 7, 2012 | 156 Comments

A couple of brief things. Kudos to MSNBC for linking to us. With the exception of the guy who is getting the credit for starting this (Rickey) no one else has really linked to us. I thanked Rickey last night, because none of this was his fault. But for some reason the AP gave him credit for breaking a story that he very carefully stated in his post that he got from us. Go figure. Haters gonna hate, slaters gonna slate.

Well, today we get more interesting news, that sort of ties in there. People are starting to go a bit weak in the knees. Well, I say onto you, “Buck up campers!” The day this broke I became a lawyer, which means I am smart enough to know 2 things: 1) if this shit went south, everyone not crediting us with breaking the story would point fingers at us and say “that guy did it.” And then I would get to meet the fine folks at the bar association again, and while they were quite congenial, I don’t think my first week should be marked with ethics problems. 2) I have WAY WAY WAY more info than apparently anyone else does on this story. Seriously, I have proof coming out my 4th point of contact. Don’t confuse my not publishing it with not having it. Some of it is like ill-begotten mob earnings, I have to launder it so that others don’t get outted.

Nonetheless, today’s moment of doubt for folks comes from this video:

OK, did you watch it? Good. (Ohes noes, he has proof of everything!)

Nah, he doesn’t. In fact, the records he showed there prove he violated stolen valor, and do not prove any RPG hit theory….

Let’s start with this email which I have now been authorized to publicize. It is from Poe to the Defenders of Freedom. [As an aside, DoF is a phenomenal organization, and when this ends, I will be doing a fundraiser for them. Bear in mind that without all the BS story, Poe was entitled to be a part of their program. Dude was injured on Active Duty. They didn't do anything wrong. Poe's problem is not his service, it is with the stories he's been telling since.]

From: [Tim Poe]
To: [Defenders of Freedom]
Sent: 5/6/2012 2:43:00 P.M. Central Daylight Time
Subj: Military awards for Tim

Hi [redacted],
I am attaching the list of awards you asked for. Please let me know if there is anything else you need.
Thanks
Tim

Bronze Star
Purple Heart w/ Bronze Oak Leaf Cluster
Afghanistan Campaign Medal w/Double Bronze Star
Iraq Campaign Medal w/Triple Bronze Star
Kosovo Campaign Medal w/Bronze Star
Global War on Terrorism Expeditionary Medal
National Defense Service Medal
Overseas Service Ribbon
Armed Forces Reserve Medal w/ M Device
ARCOM w/ Silver Oak Leaf Cluster
Army Achievement Medal w/ Silver Oak Leaf Cluster and Double Bronze Oak Leaf Cluster
Army Reserve Components Achievement Medal w/ Bronze Oak Leaf Cluster
Army Good Conduct Medal w/ Good Conduct Four Knot Device
Armed Forces Service Medal
National Defense Service Medal
NCO Professional development Ribbon
BNOC
Combat Infantry Badge
Army Service Ribbon
Air Assault Badge
Airborne Badge

OK, you catch all that?

Now, back to the TV interview. They say he sent 6 pages, I only saw 5 on the TV, but the 2 I saw aren’t consistent with his stories. The first is his DD214. Here is the screen cap of that one:

Notice in particular his MOSs. Anyone else see Infantry in there? No? How many people caught the Bronze Star? No? Well, what about the Purple Heart? Wait, you didn’t see that either? Jeesh people, look harder.

That document alone proves that his email to Defenders of Freedom is a lie. Need I remind you about the Stolen Valor Act?

Whoever falsely represents himself or herself, verbally or in writing, to have been awarded any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof shall be fined under this title or imprisoned not more than six months, or both.

Nonetheless, moving on…..How about that medical document that proves he was hit with an RPG….

Yeah, see, that thing says no such thing. What it states if you can’t make it out, is that he is being seperated on a disability that results from combat or an instrumentality of war. That part right there occurs on EVERY SINGLE Physical Evaluation Board (PEB) or Medical Evaluation Board (MEB) that is determined to have been the result of a service related injury. Taking the story that others have been telling that he injured his back from falling off a vehicle, that is entirely consistent with what the PEB/MEB would show.

IN OTHER WORDS, the language used there is what we call boilerplate. It’s like the things you find on lawyer type documents, usually in small print. It is the military’s way of saying, “yeah, the injury, illness etc occured on our watch.” It does NOT mean that he was injured in combat, ergo the “Instrumentality of War.”

Not to beat that portion into the sand, but see for example the legal definition of “instrumentality of war” for purposes of CRSC (combat related special compensation):

INSTRUMENTALITY OF WAR (IN) – Incurrence during an actual period of war is not required. However, there must be a direct causal relationship between the instrumentality of war and the disability. The disability must be incurred incident to a hazard or risk of the service. An instrumentality of war is a vehicle, vessel, or device designed primarily for Military Service and intended for use in such Service at the time of the occurrence or injury. It may also include such instrumentalities not designed primarily for Military Service if use of, or occurrence involving, such instrumentality subjects the individual to a hazard peculiar to Military Service. Such use or occurrence differs from the use or occurrence under similar circumstances in civilian pursuits. A determination that a disability is the result of an instrumentality of war may be made if the disability was incurred in any period of service as a result of such diverse causes as wounds caused by a military weapon, accidents involving a military combat vehicle, injury or sickness caused by fumes, gases, or explosion of military ordnance, vehicles, or material. For example, if a member is on a field exercise and is engaged in sporting activity and falls and strikes an armored vehicle, the injury will not be considered to result from the instrumentality of war (armored vehicle) because it was the sporting activity that was the cause of the injury, not the vehicle. On the other hand, if the individual was engaged in the same sporting activity and the armored vehicle struck the member, the injury would be considered the result of an instrumentality of war.

So what does this mean? Essentially he snowballed this TV program. If they want, I can give them the name of a PEB/MEB specialist right there at Brooke Army Medical Center that can look at these files and explain what they mean.

OK, so some of you are likely asking how much information I truly have. Um. Boatloads. How bad was his injury? Was it so bad dude could barely move and such? Well, it was bad, no doubt about it, but see…..I have a counseling report from 12/28/2010 wherein Poe states

He would like to go through a 20 month training in FL to become a flight instructor and is currently looking into this option.

That didn’t work out well for him…

He is eligible to submit a packet although his unit wants to send up a 4187 to recommend it be denied.

Like I said, I have everything.

Graphic from my heroes over at Ranger Up, Tommy, Nick et al:

Category: Politics

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  1. Hondo says:

    Andy Kravetz: some people are attention junkies. And some people are literally stupid enough to think they can get away with pulling something like Poe tried.

    When someone is both, you get truly – and spectacularly – bad outcomes. Like this one.

  2. Hondo says:

    Serendipity: please give your husband my best regards – and my congratulations and thanks for a job well done.

  3. If you REALLY want to find out if he was injured, get his social and do a FOIA and have it requested from the Department of Army Casualty Affairs Office.
    All VSI/SI/NSI/DUSTWUN/MIA/POW/KIA/SPECAT (Loss of limb, eye, sense).

    That will pretty much sum up if he was hit by an IED, IDF, HG, IETD (Improved Explosive Thrown Device).

    If he was retired for injuries sustained on active duty, hell, it’s all in his medical records. And that initial casuatly report that MUST be done within the first 12 hours of the CAC, shit, 10:1, there is some truth there, but I am also sensing that about 99.9 percent of this guy’s story is absolute bullshit.

    You can’t have the CIB if you’re non-infantry. You can have that CAB, Combat Action Badge, if you’re non infantry and are in direct contact with the enemy. But no, where are his 4187’s for Jump and Air Assault School? They should all be in his ERB.

    Fuckin with a former AG guy is bad for your stature there Timmy boy.

    I know where and who to contact to find me the answers.

  4. Jim says:

    @14 Isnala –

    You are correct! The Army and AF generally use Oak Leaf Clusters for 2nd and subsequent awards of the same decoration or award. Bronze Oak Leaf Clusters each signfify one additional subsequent award. Each Silver Oak Leaf Cluster signifies five additional subsequent awards and replaces five Bronze Oak Leaf Clusters.

    Your arithmetic is correct too. He would have had to receive a Army Commendation Medal or Army Achievement Medal about once a year to have five and eight respectively. That strains credulity beyond belief. None were for valor, so there can’t be overlapping periods for why they were awarded. Since you can’t legitimately earn two merit decorations for the same period of service, he had to be earning them for periods averaging about one year which is a near impossiblity to sustain for an entire career. In addition, if his service had been that that meritorious, he would have almost certainly been promoted to more than an E-5 in 16 years, probably promoted to a Warrant Officer, and very likely have been awarded at least a Meritorious Service Medal for serving with such distinction, at the very latest when he sparated from the military and based on his entire service record. BTW, a MSM is the non-combat equivalent of the Bronze Star Medal.

    The Army and Air Force criteria for Commendation Medals and Achievement Medals are nearly identical. Commedation Medals are not handed out like candy. I was in the US Air Force on active duty for four years and had two Air Force Commendation Medals in just less than four years, both for sustained and distinguished meritorious service. In the Air Force, my first one required authorization by a Major Air Command (highest unit level in the USAF) commander and the second one required authorization by Chief of Staff, Headquarters, US Air Force, both of whom were full Generals (i.e. four stars) and both were awarded on behalf of the Secretary of the Air Force. When I was an E-3 (A1C), it was the only service ribbon I had and I was the only E-3 on the entire AFB with one. When I was an E-4/NCO (Sgt. back when that rank existed in the AF), I was awarded the second one and was still the only E-4 or below wearing one with an Oak Leaf Cluster on the AFB but it was next to an Air Force Good Conduct Medal ribbon with no Oak Leaf Clusters. I got challenged by junior officers so often, I carried the orders for them in my shirt pocket. At least most of them thanked me for my service after they read the orders. When I made E-5 (SSgt.) in a little less than four years, there were several on the AFB with what I was wearing and so the challenges quit. After the first couple of challenges, I came to realize that they were justified.

    The Achievement Medals, of which I have none, generally require a commander who is at least an O-6 (possibly and O-5 in some situations) to authorize and they are not handed out for just showing up. You have to have some outstandng achievement or sustained outstanding service that is beyond exemplary duty and behavior to earn one. You won’t get one for just showing up and being average or above average.

    Average or above average service gets, for enlisted personnel, Good Conduct Medals, early or faster promotions and Honorable Discharges. Although not extraordinary, they aren’t worthless either. Not everyone gets them. GCMs don’t go to those who get Article 15s or poor performance reports and neither do promotions. There is nothing wrong with anyone’s honorable service performed with efficiency, honor and fidelity. The sacrifice of honorably serving, especially as an enlisted member, should be recognized as something that sets one apart from all other civilians.

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