Should Lying About Medals a Federal Offense?

[Jolie Rouge]

Supreme Court to Hear Case Challenging Stolen Valor Act
By ARIANE de VOGUE Feb. 21, 2012

http://a.abcnews.com/images/Politics/gty_congressional_medal_of_honor_jt_120219_wg.jpg

A close-up view of the Congressional Medal of Honor that President Obama awarded to Dakota Meyer, the first Marine to be so honored for actions in Afghanistan, at White House ceremony Sept. 15, 2011, in Washington, D.C.

Jonathan D. Libby does not dispute the fact that his client, Xavier Alvarez, told a "whopping" lie when he annouced publicly that he had been awarded the Congressional Medal of Honor. Alvarez was one of the first people to be prosecuted under the federal Stolen Valor Act, a 2006 law that makes it a crime to lie about receiving military awards.

Alvarez was prosecuted because, as an elected member of the board of directors of the Three Valley Water District Board in California, he introduced himself in 2007 to the audience by saying, "I'm a retired Marine of 25 years. I was awarded the Congressional Medal of Honor."

Alvarez had never even served in the military.

But Libby, a deputy federal public defender, argues that Alvarez's speech was a lie, not a crime. The U.S. Supreme Court will take up Alvarez's case Wednesday and his argument that the Stolen Valor Act is unconstitutional under the First Amendment. "Exaggerated anecdotes, barroom braggadocio and cocktail party puffery have always been thought to be beyond the realm of government reach and to pass without fear of criminal punishment," Libby writes in court papers.

He says that unlike other categories of speech such as defamation and fraud, his client's false factual speech is protected by the First Amendment.

The Obama administration argues that the law fits into a "discrete and narrow" category of speech that is unprotected by the First Amendment: "knowingly false representations that a reasonable observer would understand as a factual claim that the speaker has been awarded a military honor."

Solicitor General Donald B. Verrilli Jr. says the law is necessary to protect the military awards system against claims that undercut its purpose to confer honor and foster morale in the armed forces. He says the law does not chill truthful and other fully protected speech. "Prohibiting those false statements," Verrilli writes, "poses little risk of chilling any protected speech or allowing the government to punish disfavored viewpoints or act as the arbiter of truth and falsity on matters subject to public debate."

Libby says Congress' effort in passing the law was "laudable but does not warrant the intrusion on speech it causes, and thus goes farther than necessary."

A lower court ruled in favor of Alvarez saying that while society would be "better off if Alvarez would stop spreading worthless, ridiculous, and offensive untruths" the law was "unconstitutionally applied to make a criminal out of a man who was proven to be nothing more than a liar, without more."

http://abcnews.go.com/Politics/OTUS/supreme-court-hears-case-validity-stolen-valor-act/story?id=15748118

comments


He says that unlike other categories of speech such as defamation and fraud, his client's false factual speech is protected by the First Amendment.

false factual speech = a lie

Now LIES are considered a First Amendment RIght ??

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Lying about honors not received, depending on why the lie was told, could be attempted fraud. If something of actual value was received/obtained based on the lie, then the person IMO has committed theft by deception

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It is an honor earned by those who have served our county and its people with valor and distinction. If you did not rightfully EARN it - you should have no right to claim it and the benefits be they goverment pensions or the attention and gratiude rightfully owed to those that have. LYING should not be a "right" under the First Amendment.

[Jolie Rouge]

Stolen Valor Act at Supreme Court:
Is lying about being a hero a right?
Stolen Valor Act makes it a crime to falsely claim to have been awarded a military medal. Xavier Alvarez did that, but the claim harms no one, says his lawyer in his brief to the Supreme Court. The case is being argued Wednesday.

By Warren Richey | Christian Science Monitor – 7 hrs ago

When Xavier Alvarez stood up and introduced himself at a local water district meeting in July 2007, he had no idea he was about to commit a federal crime.

“I’m a retired Marine of 25 years,” he told the other board members in Pomona, Calif. “I retired in the year 2001. Back in 1987, I was awarded the Congressional Medal of Honor. I got wounded many times by the same guy. I’m still around.”

In most social situations, such statements might elicit interested nods, admiring smiles, and perhaps heart-felt thanks for his brave service to the nation.

But it turns out Mr. Alvarez never served a day in the US military, had never been wounded, and – most important – was never awarded the Medal of Honor.

After his false claim was exposed, the Federal Bureau of Investigation showed up. Alvarez was soon indicted for allegedly violating the Stolen Valor Act of 2005, a law that makes it a federal crime to falsely claim to have been awarded a military medal. His lawyer attacked the indictment as a violation of the First Amendment, arguing that Americans have a free-speech right to make false and outrageous claims about themselves without facing criminal prosecution from a government truth squad.

A federal judge upheld the indictment, but a US appeals court panel reversed.

On Wednesday, Alvarez’s case arrives at the US Supreme Court, where the justices are being asked to decide whether the Stolen Valor Act is an unconstitutional regulation of free speech or an acceptable effort by the government to punish an alleged liar. The high court has never directly addressed the issue of lying about military awards, and it is not clear how the justices may decide it.

The Supreme Court has recognized a number of categories of speech that are unworthy of full First Amendment protection. They include obscenity, libel and defamation, incitement to imminent harm, and fraud. In each of those areas the underlying speech causes a concrete injury.

Critics of the Stolen Valor Act say it requires no underlying injury. Any false statement claiming receipt of a medal may be punished. These critics suggest the best remedy for such false statements is not criminal punishment but more speech, particularly truthful speech to expose the lie. The Obama administration is urging the court to uphold the restriction as a valid regulation of a discrete kind of false speech that lacks significant constitutional value.

Alvarez counters that the court has never before declared that such false statements are unworthy of constitutional protection. His lawyer says the government’s position marks a radical departure from free speech principles that could lead to sanctions against those who exaggerate, use hyperbole, or engage in satire. “For good or bad, right or wrong, everyone lies. Xavier Alvarez is no exception. He told a bunch of whoppers,” wrote Alvarez’s lawyer, Deputy Federal Public Defender Jonathan Libby, in his brief to the court. “Exaggerated anecdotes, barroom braggadocio, and cocktail party puffery have always been thought to be beyond the realm of government reach and to pass without fear of criminal punishment,” Mr. Libby said.

The US Solicitor General’s Office disagrees, arguing that the Stolen Valor Act is aimed at achieving an important government objective and that it is narrowly focused to achieve that objective. “The government employs military honors to convey a message to the public that the recipient has been endorsed by the government as part of a select group,” Solicitor General Donald Verrilli wrote in his brief to the court. “The aggregate effect of false claims undermines that purpose … by diluting the medals’ message of prestige and honor.”

The law seeks to punish only those who knowingly make a false claim of having been awarded a medal, Mr. Verrilli said. A person is unlikely to make such a claim out of confusion or by mistake, he said. “Content-based restrictions on false factual statements are consistent with the First Amendment if they are supported by a strong government interest and provide adequate ‘breathing space’ for fully protected speech,” Verrilli’s brief said.

Alvarez’s lawyer, Mr. Libby, openly admits his client is a liar. But he says Alvarez was pilloried in his community as an “idiot” and a “jerk” after his false statements were exposed.

Libby says Americans lie all the time in social situations and that if his client loses his case, the government may soon be investigating the veracity of a broader range of facetious statements. “Xavier Alvarez lied. He lied when he claimed to have played professional hockey for the Detroit Red Wings. He lied when he claimed to be married to a Mexican starlet whose appearance in public caused paparazzi to swoon. He lied when he claimed to be an engineer. He lied when he claimed to have rescued the American ambassador during the Iranian hostage crisis, and when he said that he was shot going back to grab the American flag,” Libby said in his brief.

What’s the harm, Libby asked in his brief. There is no evidence that anyone relied on Alvarez’s false claims about hockey or military heroics. “The government’s interest in protecting the reputation of military medals is legitimate, but not compelling,” Libby said. “False claimants cannot tarnish the reputation of medal winners.”

“The government seeks to create a new test – completely unmoored from this court’s precedents,” Libby said. “Falsehoods are valuable for innumerable reasons: in refining truth, in expressing personal autonomy, and in greasing the wheels of social interaction,” Libby said. “More than that, there is a realm of harmless prattle and puffery generally considered beyond government control.”

http://news.yahoo.com/stolen-valor-act-supreme-court-lying-being-hero-132800911.html

[Jolie Rouge]

comments

As a retired astronaut, former vice president and Nobel Prize winner, I can say with all honesty and foresight, that lying is indeed a bad thing to do.

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While I firmly believe it should be illegal to falsely claim military honors or service, it is easy to tell who is lying about it. The liars will tell you, the real heros have to be asked.

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2 quotes come to mind:

#1: Dr House: "It's a basic truth of the human condition that everybody lies. The only variable is about what."

#2: President Reagan (adopted russian phrase) : "Trust, but verify"

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If by such a lie the liar receives a job, or any financial gain, then it is FRAUD, and is therefore a crime.

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He used it in a public, city government meeting to elevate himself and his opinion, which means he sought personal gain with his deception.
i have a Medal of Honor on my wall in my home, but i will NEVER say it is mine; it belongs solely to my uncle, and i am merely taking care of it until i can pass it on to my children.

Lying about service or medals may not be as "bad" as impersonating a police officer, where someone uses that lie to commit other crimes, still, whoever lies about the highest of sacrifices lacks enough character to stay out of trouble for long. If he gets away with this, then he'll just expand his lies until he profits from them

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These liars depreciate the respect earned by those who have earned such honor. This law protects heroes and the values they represent. Bothers and Sisters in Arms: we should wear our miniature set of medals. The Civilians must be gently reminded of what our freedom costs.

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You should never be allowed to lie about something like that. It dishonors the true heroes that have served and have been awared medals. I hope the Court rules against him.

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A false claim of military service is fraud, as there is potentially something to be gained through making such a claim. It should be prosecuted just like credit card fraud or bank fraud or any other type of fraud that is committed for personal gain.

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During fleet week in New York, many years ago when we visited from Norfolk in our dress whites (crackerjacks) We couldn't buy a drink or a meal in NYC. Somebody always picked up the tab for us! I will always remember how the New Yorker's loved the Navy!

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There is no question that lying about military honors should be a punishable crime. The issue lies only in what the punishment should be. Prison time or huge fines (unless forced to be paid to veteran's benefitting charities) make little sense. What should be the central point of any penalty meted out is; for the convicted liar to be forced to run ads in a large number of daily papers, including all of those in the area within which he or she perpetrated the lie, including clear photos of the liar, admitting to the hoax. The penalty must match the crime and humiliation is best punishment for one attempting to garner the glory reserved for real heroes.

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I think it is illegal to say you are a cop or FBI agent too. Free speech is not a protection for that.

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While I'm sensitive to the first amendment implications here, I think the Stolen Valor concept deserves unique consideration regardless of quantifiable damage. Especially for those military medals that are awarded only in situations of direct combat action, the medal or badge represents far more than just the actions of the individual awardee. If you listen to the interviews of the most recent living Medal of Honor recipients, neither one wants attention or accolades, and the medal itself is more than anything a reminder of the worst day of their lives when some, if not many of their comrades died in their midst. Even worse than the family member who loses a loved one in war, it's the surviving awardee that has to live forever with the memories and guilt of being recognized for something truly hellish, while his comrades never even made it back to merely have the chance of returning to a normal life. So when someone tries to steal from this sacrifice, I feel that the offense far worse than just a casual lie, whether or not the offender realizes it. In fact, how could he/she truly realize its seriousness since the only way to do so is to have actually been there and made the real sacrifice in the first place?
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People die in battle and many come back physically broken and mentally shattered. This guy is standing up in a civic meeting and making claims of heroism and national recognition for valor. I say this is cheapens the achievements of others.

Yes, most in the service come back and are none the worse for wear as well. Some lies should be pursued, and this is one.

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Critics say there is no underlying harm? Come on you spit on the memory of anyone who actually earned the medals. Freedom of speech ok but out and out lying come on. We impeach Presidents for lying so it should remain a crime.

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These people lie because they want to make someone think better of them and then take advantage of those feelings. It is fraud and should be treated as such. I got a DD214 that backs up everything I say, every vet does.

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A person has the right to lie. They also have the right to suffer the consequences.

[justme23]

I'm not sure how I feel about this... is he a low down dirty dog for lying? Yes... should he be prosecuted for it... I don't know.

[pepperpot]

Alvarez was prosecuted because, as an elected member of the board of directors of the Three Valley Water District Board in California, he introduced himself in 2007 to the audience by saying, "I'm a retired Marine of 25 years. I was awarded the Congressional Medal of Honor."


What other lies along the way did he tell to get elected?

Yes, his lying is a criminal act. :agree

Not prosecuting or just getting a slap on the wrist would only encourage others to lie....like lying about qualifications to run for president. ;)

[gmyers]

If he was lieing to get veterans benefits they'd consider it wrong. I guess they don't think its wrong if you don't profit from the lie. But whats going to happen when someone profits from it, will they get off scott free too.

[justme23]

What other lies along the way did he tell to get elected?

Yes, his lying is a criminal act. :agree

Not prosecuting or just getting a slap on the wrist would only encourage others to lie....like lying about qualifications to run for president. ;)

I see your point... perhaps you are right.

[Jolie Rouge]

I think of Gobs son and Nana Joanie's son and the sacrifices they and their families made in support of our country. To have some one LIE about receiving THAT recognition - paid for with the blood sweat and tears of the men and women in the Service - to gain benefits or attention absolutely makes my blood boil.

To say that you served as a Marine says something about a person; to say that you served with honor for 25 years speaks of honor and sacrifice; to say that you were awarded the Medal of Honor - is a rare and almost sacred thing. To say that you have LIED about all those things ... says you have no integrity, no honor; to know that the person lying about all of that never dared to serve, never walked those miles ... is a slap in the face of every soldier who serves or has served.

To a Marine "Semper Fi" is not just a motto or an empty phrase... it is a promise.

[justme23]

Ok, yall are right... it is horrible... and in the case of a high powered person trying to use it to gain more power... ok, yeah, that should be prosecuted... but if you're dating a guy and he says he won any military medal just to get in someones pants... he would be a douche bag (and she'd be an idiot) but is that a punishable offense that could possibly end with jail time... I just don't think so. I really think every situation should be considered individually... to consider the intent, or potential gain from claiming it... maybe my thinking is fouled... I would most definitely be offended at the thought of anyone claiming it falsely... I just don't know if it should result in prison time in every case.

[pepperpot]

It starts off as a lie to get into your pants, then a lie to get into your wallet and then a lie to get into office.......the big cash cow.

[Jolie Rouge]

Ok, yall are right... it is horrible... and in the case of a high powered person trying to use it to gain more power... ok, yeah, that should be prosecuted... but if you're dating a guy and he says he won any military medal just to get in someones pants... he would be a douche bag (and she'd be an idiot) but is that a punishable offense that could possibly end with jail time... I just don't think so. I really think every situation should be considered individually... to consider the intent, or potential gain from claiming it... maybe my thinking is fouled... I would most definitely be offended at the thought of anyone claiming it falsely... I just don't know if it should result in prison time in every case.

I don't think they are talking about "bar room puffery" you would have to have witnesses and proof of intent ... BUT for someone who stands up in a public meeting; or speaks to a reporter using their imaginary "service record" to bolster their posistionand opinion ... then it becomes fraud. Fraud is an effort to gain by deciet. It is already a crime to claim to be a medical or law efforcement professional - why should this be different ?

[justme23]

It shouldn't... I do believe I said that anyone doing it to gain public power should be prosecuted.

[gmyers]

I really think they should make it illegal to buy medals and claim you earned them. My husband went to a site where you could buy any medal you want. But he went to another one that said you had to prove you were in the military to buy them. But thats still not the same as earning one and getting it legally.

[Jolie Rouge]

‘He’s Gone Above and Beyond’: Man Claiming To Be a Navy SEAL Exposed as a Fraud After Seemingly Fooling CNN
By Erica Ritz | The Blaze – 12 hrs ago

Claiming to be “one of the most skilled snipers of his era,” Brian Leonard Creekmur has everything you would expect of a retired Navy SEAL. Memorabilia and old uniforms decorate his home, and he even possesses what seem to be the photos and military discharge papers to prove his claim. Creekmur even managed to fool CNN‘s Soledad O’Brien, it seems, after he tweeted about the all death he witnessed in combat and she re-tweeted to her 140,000+ followers. More significantly, The Daily Mail reports that Creekmur was regularly in contact with the network to offer his so-called expertise on various news stories. http://www.dailymail.co.uk/news/article-2140085/Man-claimed-Navy-SEAL-sniper-exposed-fake-woman-tried-woo-military-boasts-online.html

But after a month-long investigation by News Channel 3, following a tip by a suspicious woman Creekmur was courting on the internet, the man has been outed as a giant fraud.

News Channel 3 explains: http://wtkr.com/2012/05/04/special-report-is-he-really-a-seal/


Creekmur’s tall tales of Navy SEAL service unraveled when he was wooing a woman through the Internet. He was telling her he loved her and sending her real estate listings for houses they could share. But when she couldn’t verify any of his stories, she started searching the Internet for information on fake SEALs.

A guy can get away with that for a long time. But eventually he will trip up. He`ll say something to the wrong person, male or female, just doesn`t make sense, and hell hath no fury. He said it to the wrong woman…

Creekmur was so confident in his alter-ego that he even signed many of his emails: “Brian Creekmur, United States Navy SEAL Sniper, retired.”

But why is he doing all of this? The woman who helped expose Creekmur speculates it is either to gain the trust of women, people with money, or both.

“This is why the story that you are doing is so important. While some of this is amusing at the lengths some clown will go, you are saving a lot of people a lot of trouble.”

“He’s gone above and beyond. He’s a very strange guy,” the woman remarked.

“This is why the story that you are doing is so important. While some of this is amusing at the lengths some clown will go, you are saving a lot of people a lot of trouble.”

http://news.yahoo.com/gone-above-beyond-man-claiming-navy-seal-exposed-030845868.html

comments

CNN ought to have the resources to check this jerk out, and should have done so

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If you read the article more carefully, you will see that CNN did not have reason to check him out because they have never worked with him or relied on him as a resource . The article said he had contacted CNN for work, not that CNN had ever used him. Soledad O'Brian re-tweeted him. Not that CNN re-tweeted anything he said as factual. There is a difference here

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The easiest way to determine if a SEAL or any other self-proclaimed professional is a fake is to ask yourself if the "real thing" would be blowing his or her horn so loudly! Also beware of those very few real SEALS who write books. They run the risk of compromise the security and safety of their comrades.

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aahhhh...last election there were a couple of DEMOCRATS who got CAUGHT LYING about their (NON) military background. Then the democrats proceeded to pass a law not making it a crime to make up fake military backgrounds.

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Nn light of the Stolen Valor Act...how about this....tell the guy 20 years in prison or one year in the deadliest part of Afghanistan manning a one man observation post surrounded by Uber Taliban. If after a year, you come out alive...okay, you go home. If you dont...well....you can say that you at least tried to make amends to your country....

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And of course he commented the Obama was perfectly within his rights to "spike the ball" and take their heroism as his own. This is why CNN is nothing more than a gossip channel. CNN fooled? No!!!! Say it ain't so. They are the most thorough, and they check their stories carefully before putting it out there. LOL!

[Jolie Rouge]

Mark Hans Smith Special Forces And Ranger Poser Gets Free K9 Training With Lies

http://guardianofvalor.com/wp-content/uploads/2014/01/IMG_5688.jpg

Spokane Washington- Mark Hans Smith of Spokane Washington has been claiming to be a Sniper with Special Forces, and a Ranger. But he isn’t just claiming to be any Sniper, Mark is one of the “U.S. Army’s Top Snipers”. He Also claims to have a Silver Star, a Bronze Star, two Purple Hearts, and the Army Occupation Medal. He has used these claims to receive free items in excess of $1,000, while sporting badges and tabs that he did not earn.

He defrauded a K9 training club, Protection K9 Training Club, as well as another company out of a free K9 with his false claims. One of our admins noticed the photos when the K9 club posted them to their Facebook page, and of course was immediately suspicious. Once we knew he was lying, we contacted the club owner, who was shocked to learn of this as he was providing Mark free training because of his service. Mark also told him he was the third most highly decorated Veteran in Spokane!

After we contacted the club owner, he asked Mark for a copy of his DD214, and once he did Mark disappeared. He has not only
committed fraud, but has also committed a crime under the Stolen Valor act of 2013. One of our investigators, Fred, was in contact with Mr. Smith and spoke to him several times on the phone. When Fred asked for a DD214, Smith hung up on him and changed his number to prevent Fred from calling him back.

The photo below is the one that set off all kinds of red flags once it was posted by Protection K9. They thought they were
helping out a Hero in need, he turned out to be nothing but a fraud.

http://guardianofvalor.com/wp-content/uploads/2014/02/markk9honor1.jpg

So, on his ACU Jacket he is sporting the following:
•Special Forces Tab(Right Arm)
•Airborne Tab(Right Arm)
•Ranger Tab(Left Arm)
•1SG Rank
•Special Forces Arrows(Upside Down-Left Side)
•Combat Infantryman’s Badge with two stars.(Left Side – He is not old enough to have three CIB’s, , and he is not on the Fort Benning list of Soldiers who hold three.)
•Freefall Parachutist Badge(Left Side)
•Parachutist Badge(Left Side)
•Air Assault Badge(Left Side)
•Parachute Rigger Badge(Left Side)
•3rd Ranger Battalion Scroll(Left Arm)
•Special Forces Halo Wings(Right Side – Prototype Wings, Never Authorized)

Below is the Facebook post that caught our admin’s attention, where he claimed he had the Silver Star, two Purple Hearts and an Army Occupation Medal. Protection K9 posted that they were honored to be able to train Mark and his K9. This company trusted him because he was a Soldier, and Mark took advantage of that trust and used it to his advantage, the whole time the owner thought he was helping a highly decorated combat Vet.

http://guardianofvalor.com/wp-content/uploads/2014/02/994100_10152055916081740_877835337_n.jpg

Well we all know the criteria for a Silver Star and the Purple Heart, and this is the criteria for the Army Occupation Medal, which he would also not be authorized as he did not serve in West Berlin before the cut off date of 2 October 1990. As for the other areas, he is not old enough to have served during WWII as most other eligibility dates ran out around 1955.

To be awarded the Army of Occupation Medal, a service member was required to have performed at least thirty consecutive days of military duty within a designated geographical area of military occupation. The Army of Occupation Medal was presented with a campaign clasp, denoting either European or Asian service, depending on the region in which occupation service had been performed. Campaign clasps were worn on the full sized medal only with no corresponding device when wearing the Army of Occupation Medal as a ribbon on a military uniform.

In addition to the Germany clasp, for those service members who performed 92 consecutive days of military duty during the Berlin Airlift in 1948 and 1949, the Berlin Airlift Device is authorized as a device to the Army of Occupation Medal.


Germany Clasp
•Germany (May 9, 1945 to May 5, 1955)
•Austria (May 9, 1945 to July 27, 1955)
•Italy (May 9, 1945 to September 15, 1947)
•West Berlin (May 9, 1945 to October 2, 1990)

Japan Clasp
•Japan (September 3, 1945 to April 27, 1952)
•Korea (September 3, 1945 to June 29, 1949)


Below is a snapshot taken from a blogspot he created pretending to be a reporter, reporting on himself and his retirement as “One of the US Army’s Top Snipers”. Here is the link, which was still active when this story was posted. US Armys Top Sniper.

http://guardianofvalor.com/wp-content/uploads/2014/02/sniper.jpg

We also found his Linked In account, but it was almost too Top Secret to show you, at least according to the account. Because according to this, his records are CLASSIFIED!!

http://guardianofvalor.com/wp-content/uploads/2014/02/linkedin.jpg

So we sent for Smith’s records and we were very surprised to learn that he actually did serve. He joined the Washington Army National Guard on 15 September 1982 and served through 14 December 1991, and achieved the rank of Staff Sergeant, not the rank of First Sergeant which he is sporting in the photos.

His actual awards are as follows:
•Army Service Ribbon
•Army Commendation Medal W/1 Oak Leaf Cluster
•Army Achievement Medal
•Army Good Conduct Medal -Which he received for the short stint he did as AGR(Active Guard and Reserve)
•Army Reserve Components Achievement Medal W/1 Oak Leaf Cluster
•Non-Commissioned Officer Professional Development Ribbon
•Sharpshooter Badge W/Machine Gun Bar
•Expert Badge W/Auto Rifle and Pistol Bar
•Expert Infantryman Badge

So as you can see, he is not authorized to wear any of the badges he is sporting in the photos. He also never deployed, and never had any overseas assignments. He has not been awarded any Purple Hearts, Silver Stars, Bronze Stars and not even one Combat Infantryman’s Badge. He did hold several different MOS’s, to include Infantry, but he was never Special Forces and never attended the SFQC or “Q” course to earn the SF Tab. He also never attended Ranger school, nor was he assigned to any Ranger Battalions. Here are copies of his actual records:

http://guardianofvalor.com/wp-content/uploads/2014/02/Capture.jpg

Below is part of his 2-1, a document that is used to record all of his assignments. As you can see he spent all of his time CONUS(Stateside), never leaving the Continental United States. So he could not have earned the Combat Patch, the CIB’s, Purple Heart’s or the Silver Star by staying state side. He received an Honorable discharge, so why screw up the great career you already had by creating such an elaborate lie?

http://guardianofvalor.com/wp-content/uploads/2014/02/Capture1.jpg

Our Investigator also found him on Facebook and engaged him in conversation, asking about his injuries, how he got them and where he had been deployed. That conversation follows; he claims to have been in Afghanistan, the Korangal Valley to be exact. For those that are not familiar with the Korangal Valley, it was dubbed the “Valley of Death” by most that served there. It is located in the Kunar Province of Afghanistan, and was the focus of the National Geographic Documentary called “Restrepo”. I am guessing he saw this documentary and decided to use it as part of his back story. I know some 173rd Soldier’s who served there, and they do not take kindly to people claiming to be in the Valley when they were not.



http://guardianofvalor.com/mark-h-smith-special-forces-ranger-poser-gets-free-k9-lying/

[Jolie Rouge]

Stolen Valor? Democratic Candidate Admits to Fraudulently Wearing Navy SEAL Trident

For more than a year, Democratic congressional candidate for California’s 50th district James Kimber wore an unearned Navy SEAL trident. Known as stolen valor, wearing one of a number of unearned medals is a crime, if it is done with the intent of obtaining some form of tangible benefit.

Twenty years ago, Kimber hurt his back and was unable to continue on in his intensive six-months long SEAL training. However, he did continue to wear the unearned Navy SEAL trident, until a group of Navy SEALs called him out on it.

At that point, he was called in front of the ship’s crew and reprimanded by the ship’s captain. He was 32 years old at the time of the incident. It could have cost him his military career, but it didn’t. He ended up serving in the military for more than twenty years.

Now as a candidate for public office, the old news has become new. Since this became public, Kimber has apologized and admitted he knew what he was doing when he did it.


I know this is a big thing and I am very sorry. I knew what I was doing, and it was a terrible mistake that I hope doesn’t negate everything else I have done in my life and what I am doing now.

The Stolen Valor Act of 2005 was struck down by the Supreme Court as being a violation of the First Amendment. The ruling deemed wearing unearned medals or making claims of military heroics as protected free speech, unless doing so was with the intent of tangible gain.

Justice Kennedy explained the importance of being careful about the government intervening in the public’s expression or speech.


The American people do not need the assistance of a government prosecution to express their high regard for the special place that military heroes hold in our tradition. Only a weak society needs government protection or intervention before it pursues its resolve to preserve the truth. Truth needs neither handcuffs nor a badge for its vindication.

In addition, when the Government seeks to regulate protected speech, the restriction must be the “least restrictive means among available, effective alternatives.” Ashcroft, 542 U. S., at 666.

He also noted that private individuals had already taken up the cause of helping to expose the liars who present themselves as having military credentials and awards. Following this ruling, the Act was modified and the new version was enacted in 2013.

A number of former special operations members and others have taken on the task of calling out posers who wear unearned Special Operations Forces (SOF) medals. One award-checking platform available for public use is Military Times Hall of Valor, which notes it is not a perfect authentication process.


The HALL OF VALOR now contains valor award citations of heroes from the U.S. armed services of an estimated 350,000 awards above the Bronze Star. If an individual is not listed in our database it does not mean they did not receive a claimed honor as other awards represent a work-in-progress.

VeriSeal, another verification service claims to have been utilized by government agencies and others. It also notes the high number of cases of fraud it has uncovered.

Approximately 95% of the subjects of verification requests are Navy SEAL or other SOF impostors.

Former SEAL and VeriSeal member Tucker Campion reiterates the high number of fakers in an interview with the Tampa Tribune.


We always say that for every real SEAL, there are 10 guys saying they are. Ever since bin Laden was taken down, the numbers shot through the roof.

Those found guilty of committing the crime of stolen valor are subject to a fine and imprisonment for up to a year.

http://www.ijreview.com/2014/10/191966-stolen-valor/

[Jolie Rouge]

A family member posted this first hand account by a buddy of his from Afganistan. Amazing how heroes, don't believe they are. This guy is absolutely a hero and I am glad he lived to tell this story. A must read - God bless our Military.


HEROES CAN MOVE FASTER

Hi, Internet. I am sorry I haven’t been on much lately but I’ve been experimenting with drugs and staring at a lot of ceilings lately. Which was stupid, because without my glasses I wasn’t able to make out the hallucinations or the finely textured ceilings the army provided for my viewing pleasure. Imagine my surprise on returning from across dark waters to find out that I had somehow gained a reputation for badassery, remarkably undeserved. I’d like to take the time now to fix that, as the army is flying my parents and I to the states on the same plane soon, and I’ve never heard of anything army related that sounds good up front working out for me, so I hope they can swim better than I can currently, because I am assuming we will all perish in the ocean forthwith, my badass reputation uncorrected if I don’t take this chance to educate you.


By the way I am still on some really sweet drugs so please forgive any spelling or grammar errors. I will read this sober later and cringe I am sure. Also be aware some facts are obfuscated to protect my brothers who still labor mightily in the trenches and some are fuzzy because I was DYING and my panicking and oxygen starved brain wasn’t the most reliable recording device, and some facts are wrong because its funnier that way, and I’m the one who got shot, so you can suck it. Politely. Unless you outrank me. Did I mention the drugs? Disclaimer the third, while I have been lying about lollygagging since Saturday my boys have probably been subjected to endless briefings and paperwork, for which I am very sorry, AND still doing their jobs, so I haven’t been able to compare my recollections with theirs yet. I’d like to, but they are busy, and imminent ocean place crash, and all that. I miss them terribly.


So Saturday, I was on a combat patrol, LIKE YOU DO, and things went horribly askew. We had been on the ground for a while, and we were wrapping things up. Our primary mission to the area was finished, and now we were finishing up, some pulling security, manning the trucks and the turrets, some on the ground scanning the crowds and vehicles passing by, and me? I was cheerfully smoking with my linguist and a couple of shop owners. As the platoons highest ranking smoker, I had quickly worked out a pretty sweet gig where I go offer smokes to the local soldiers and shop keepers, and we chat about the weather, the events, local things, anything that sounds interesting. I always had a security element with me, and sometimes my info was significantly different then the “Official Line” my LT and Platoon Sgt got fed. I like to think it was useful, and I was getting better at it. I am pretty good at reading people but there seems to be a bit of a disconnect from completely different cultures. “Haha yes! I DO like high fives! And smoking! I am good at my job!” “Haha Abdul, foolish American has just agreed to sell me all his smokes for 5 afghan, and I will resell them here individually! WE WILL BE REECH, I TELL YOU! Now ask the grinning idiot how much for his knife.”

Now I want you guys to picture this because it is important. Rifle, cradled casually yet menacingly at one side. Hanging off my three point sling, pistol on the other hip, badass Knife (my translator was always getting it back for me) “Look im really sorry he thinks it’s a gift, because it WAS, a gift to MYSELF, from MYSELF, and I cherish it deeply. Also my LT is calling on the radio and I will TOTALLY shoot him and claim he started it so figure it out.” (Side note dear readers. Check out ZOmbietools.net. Excellent work and craftsmanship) cigarette poised just SO in the crook of my mouth, so as to intimate to fellow smokers that “Why yes I had killed men before, some where better men then you appear to be, and it’s a fine day to smoke a menthol and lets all stay calm ok?” It’s a dying art, smoking angles, full of subtlety of pitch and yaw, which side you smoke on and how much like clint eastwood you could look when you got smoke in your eyes instead of just crying. See? Picturing it? I WAS A BADASS. Asking gripping tactical questions, slamming my tea cup forcefully down on the table. “THIS IS REALY HOT!” “ABDUL YOU SOCIOPATH YOU HAVE ANGERED THE CRAZY AMERICAN WHO COMES BY NOW AND THEN AND ASKS ABOUT THE WEATHER TELL HIM IT HAS BEEN THE SAME FOR 3 THOUSAND YEARS!”

Alas, Like Icarus I flew too close to the sun, and in my pride was humbled. I had just finished my latest round of questions at some of the local shopkeeps “So.uh..you sell stuff huh? You like selling stuff? Oh its better then starving, cool, cool” My internal alarm began freaking the fuck out. I actually DO have one, I’ve been a soldier semi professionally for 18 years and I picked up a few things other then a bitter sense of cynicism and a habit of crying myself to sleep in the tub, wondering where all the whiskey has gone. So when the man came into my view wearing a full length scarf over his arms, I started back peddling immediately. Unfortunately What I should have been doing was closing with, grappling and destroying the enemy like the rangers of old, but hell, I lived and he didn’t so I think we are going to call this one even. You see, I couldn’t see what his end game was, I could clearly see he had some bulk under there, but not enough to be a vest that was going to do anything but kill me and him, and surely he’d want more than one of us I just had to keep calm and get my security element to look over here and maybe I was wrong after all there was a little girl next to me OH FUCK HE HAD A PISTOL. THE LUNATIC WAS REALLY GOING TO SHOOT ME NEXT TO A LITTLE GIRL AND THEN GET BLOWN AWAY THAT’S INSANE WHY ….Ow he punched me.. That’s not fair I Hadn’t gotten away from the civilians yet and id kept the distance and the pistol ROARED again and blew fire and death and he mouthed something and I grunted as my body took the round fuck that was above my armor wasn’t it. That was bad but at least the lights still seemed to be on and OH. Fuck, I Was looking at the pavement. My world had shrunk to about 8 inches of pebbled street. All that training, the very classes on keeping mental flexability and my brain literally couldn’t process that this man was willing to die in what amounted to single combat suicide in a busy street on a crowded market. My animal brain knew what was happening almost from the first but I literally couldn’t process the information soon enough to make a difference in the about 4 seconds I had from seeing him and him shooting me. Learn from my mistake, children. I will gladly go to my grave embarrassed and mocked if by example one of you can make that mental leap quicker then stodgy old I, the tired old soldier who wasn’t fast enough.

Now that my world was an eight inch circle I had to make some choices. First of all, I didn’t like my circle. It was street colored and last time I had checked people drove like mad men on the streets here, and I didn’t think me laying there would stop them. So, lets move the circle. I began doggedly crawling towards where I figured dirt circles must be, nice, safer side of street circles, and guns were roaring around me and I sure hope the civilians are ok especially that little girl and heck, I’ll just stop here, I can decorate this circle with some red and it’s got some side of street brown mixed in “HEY! HEY SGT T! HEY I LOVE YOU MAN, ARE YOU OK!” Ah, Young Sgt Rott had made a much better use of his allotted seconds, perhaps owing to his youth and vigour, and had not only despatched my assailant with extreme prejudice, but was now on the ground next to me removing my armor in order to begin administering first aid. JOLLY GOOD OF HIM! I decided that I needed to show my appreciation, something that would convey my thanks at his assistance and timely shooting. “AM BLERTHY” are the words I believe I uttered, coughing wetly and spraying his blond freckles with speckles of red. Ah, lets try that again, mouth. “AM SHORRY” I wheezed, “AW SAW HRRM COINGG AND WASSNT FSST ‘NUFF” Now at this point my vocal chords are hamburger, im coughing up blood and everything I manage to get out is like the worlds most dangerous squeaky toy. He said he didn’t care, he loved me, and “Oh fuck that’s another exit wound there’s more blood” I meant to admonish him later for his lack of bedside manner, but considering my first time I came to in a truck full of smoke and ruin and my gunner dropped into my lap I yelled “Holy crap that’s a lot of blood! Er, I mean, you will be fine, Garcia” I may have to call that one even too.


(continues)

[Jolie Rouge]

As Paul Harvey might say .... "the rest of the story ...



After that things started moving quickly again. My platoon sgt was there, I swore at him, my medic fell out of the truck, I nearly died laughing, (No really, I was having some trouble breathing} somehow Sgt Rott went away and then fell out of the truck as well (Seriously, MRaps are the dumbest thing to charge into a firefight from. I’d rather it unfolded into a slide with some cover at the bottom) I flipped off Cutone for just looking so damn debonair while I was sitting there pathetic and smokeless, my LT was a jerk on the radio, he usually is, but he’s usually right and he’s OUR jerk, so nuts to you guys. My platoon Sgt was making all of the right choices and then like 5 extra ones a second that were completely unneeded like he does, It was weird. They were still all in “The Tick” which is that upswing where time slows and you make 6 thousand choices a second. I was out of “The Tick” because I was trying to not die, I’d had my chance and biffed it and my body was trying to keep the lights and power going until the helicopter got here. So I appeared calm and collected but really I was just doing a good job of delaying dying long enough for my medic who I have probably traumatized forever to make a difference. I love you Johnny Monks! I tried to pull security with my pistol because id heard we needed more, but Sgt Butler understandably decided I didn’t need to be holding a gun anymore, fat lot of good they’d done me earlier.

The helicopter arrived, and I stood up and walked out to it because I’ll be damned if I’d be carried, and it was easier for them to follow me then to punch me and knock me down like I deserved. Then the flight medic asked me who the president was, I said something bitingly political and insightful and realized she was a 1SG hopefully I was on drugs already, and then we landed at the air base, and they wheeled me to a room where about twenty unsmiling people were all waiting. I kinda gave a little half wave. Tough crowd, no response. I knew than I wasn’t going to like this room. Mostly they looked super serious. They descended on me en masse and removed the rest of my clothes, and held me down while a scary person shoved a huge tube into my mouth and the medication was kicking in but i couldn’t BREATHE I needed to let them know something was wrong and then, I was dead. Ok not really, but its what I THOUGHT. The lights faded just like in the movies and all the sounds slowed way down and I lost any sense of self, like, when you are sleeping you KNOW you are sleeping, if you really stop to think about it, there's something still going on in your head. I'd lost that.
I woke up in Germany. I didn’t get to try the food. Tomorrow I fly further away from my boys. I feel like I have failed them. I slacked and now they will have to work harder. I get to go home with what may be the worlds luckiest lethal wound and and they still get to work every morning and perk up everytime they hear a shot or a scratchy megaphone. And I envy them. And I wish I was flying the other direction.

Thank you all so much for your well wishes, and support, I really appreciate it. It was humbling to wake up and see so many messages, but It drove me to write this as a sort of way to apologize, for I don’t deserve any stories, or accolades. I was just too slow, and then super lucky. Heroes move faster

[Jolie Rouge]

VA Secretary Tells Homeless Vet He Served In Special Forces…
One Problem, He Didn’t…

Baffling to say the least.

Via The Hill: http://thehill.com/blogs/blog-briefing-room/233580-va-chief-falsely-claimed-special-forces-service#.VOv3ro273EE.twitter


Secretary of Veterans Affairs Robert McDonald falsely claimed that he served in a military special forces unit, he admitted to the Huffington Post.

When a homeless veteran told McDonald in a conversation captured by CBS that he had served in special forces, the head of the VA replied that he had, too. The conversation aired during a CBS News story chronicling how the agency is working to house homeless veterans. http://www.cbsnews.com/news/counting-the-homeless-to-change-their-fortunes/

“I have no excuse,” McDonald told The Huffington Post. “I was not in special forces.” http://www.huffingtonpost.com/2015/02/23/robert-mcdonald-special-forces_n_6739184.html?ncid=tweetlnkushpmg00000016

He added that he “reacted spontaneously” and “wrongly [with] no intent in any way to describe my record as any different than it is.”

McDonald, who was confirmed in July of 2014, served in the 82nd Airborne Division and completed his Army Ranger training, earning the coveted Ranger tab. Although he completed that training, he never actually served in a special forces unit.

Special forces units are considered one of the most elite assignments in the military and include the Army Rangers, Green Berets and Navy SEALS.

http://weaselzippers.us/215154-va-secretary-tells-homeless-vet-he-served-in-special-forces-one-problem-he-didnt/


McDonald held a news conference Tuesday afternoon, saying he made a “misstatement” and clarifying his military service record.

“My whole purpose in this job is to try to connect with veterans and to better serve veterans. And so that’s what I was trying to do,” the secretary told reporters.

The secretary said no one around him told him he had misspoken to the veteran.

“What you try to do when you try to connect with someone is try to find common ground. And with veterans, my common ground is my veteran experience,” he said. “And as I said, I made a misstatement. I apologized for that. I have no excuse for it.”

McDonald, a former corporate executive who took over the agency last June amid scandal, said he reacted “spontaneously” and “wrongly” during the exchange, and the administration has accepted his apology.

“Secretary McDonald has apologized for the misstatement and noted that he never intended to misrepresent his military service,” the White House said in a statement Monday evening. “We take him at his word and expect that this will not impact the important work he’s doing to promote the health and well-being of our nation’s veterans.”


http://www.politico.com/story/2015/02/robert-mcdonald-veterans-affairs-lie-special-forces-115446.html#ixzz3Sip9DVot