UPDATE: Not posting it, because it honestly doesn’t go to any of the actual questions. I think I am covered legally, but out of 4 lawyers surveyed for this, I got 2 on each side. So, just not worth it. Also, no one should be concerned about Blue Falcon’s threats. Hell, I just jumpy at a lot of things, this ain’t one of them, because (again) there’s no cognizable thing I have done wrong. If the bar calls me, I can present them with all the stuff (reams of documentation), but my guess is they would tell him to get lost anyway.
ORIGINAL POST:
To the Blue Falcon claiming he will contact the Mass Bar, please go ahead. Not sure you know how this all works, but I haven’t violated a single law.
Mr Jerry sent me the medical record. I don’t want to discuss it, except to say that I am unconvinced. Jerry also suggested that I should watch what I say about Poe’s DD214, DD215, and PEB/MEB stuff. It was not meant as a threat, so do not jump on him. However, his concerns so far don’t concern me. He was worried that disclosing those documents would violate HIPAA. They don’t, largely because HIPAA covers medical stuff, not other documents, and the PEB/MEB stuff is directly taken from the news station that he sent them to.
However, somewhat paradoxically, this medical record WOULD be covered by HIPAA. Now, Jerry has released it to me, and says Poe okay’d it, but I have no record of that. And to be perfectly honest, I don’t know how HIPAA works on third party disclosures. Anyone a lawyer out there that knows anything about HIPAA?
Again, I am 100% certain I have done nothing even arguably wrong. But just to be on the safe side with this medical thing, I could use an actual legal opinion. Anyone know someone?
*It looks like I was right about not knowing the law, because it is HIPAA and not HIPPA. It also looks like I might not be subject to it, but still need a lawyer if anyone knows one. Want to be sure. And lord knows that my income from this blog won’t cover the $200 an hour to make sure.
Once upon a time, a kid named Poe wanted to be a combat decorated soldier, so he made up some stories. A TV station in Texas decided to honor this hero (good on them for the effort) by doing a story. This is that video:
So, you have that story, which completely doesn’t match his records. Nonetheless, while we wait breathlessly for the medical records, what about those pictures?
Well, I just got the email transcript between him and America’s Got Talent. Why is this important? Because at least one of those photos we have already proven is not him.
From: [America’s Got Talent Associate Producer]
To: [Tim Poe]
Sent: Wednesday, May 9, 2012 12:25 PM
Subject: Army pictures for AGT
Hi Tim,
As we talked, can you please send photos of you out in combat – with your weapon, in front of tank, etc. If you have any questions, feel free to call me.
These are the only ones I could get. I had to have soldier buddies of mine send them to me.
I hope they work
Respectfully
TimPoe
But wait you say, I thought he didn’t remember anyone’s name? Shouldn’t those same Army Buddies be able to vouch for him? Only the wind knows. And maybe Batman.
She responds:
From: [redacted]
Date: May 17, 2012 1:20:26 PM CDT
To: Timothy Poe
Subject: Re: Army pictures for AGT
Tim,
Are you in these photos?
Not a lot of nuance to answering that question is there? Like, um dude, is this you? And how does he respond?
Well, I don’t know, because it ends there with the AGT people. But you know what he does next? He sends the whole email string to WFAA TV so they can use the same EXACT pictures, the ones in that video above. And in responding to the guy at WFAA, he says:
—– Forwarded message —–
From: “Timothy Poe”
To: [WFAA]
Subject: Army pictures for AGT
Date: Fri, May 25, 2012 10:12 am
Hi Craig,
These are the only pictures I have left because I went through a period when I got back that I didn’t want anything that reminded me of my time away. So I deleted almost every picture I had. I hope these work for you
Timothy Poe
Well, that is rather inconvenient. He only has these pictures, that may or may not be him [hint: they are not] and he deleted everything else.
Now, the reporter he sent those to has specifically told someone I know that he never once told him (the reporter) that these pictures weren’t him.
Now I ask you, who the hell sends pictures to a TV station of people other than themselves? You think I wouldn’t like pictures of David Beckham or something instead of my own ugly mug? Dammit people, I look like Shrek. But who sends another persons DoD pictures to a TV station?
I’m not even hating on the fact the Lilyea got credit when he was just looking for pictures of Selena Gomez on line. Uncle Jimbo is a stand up dude who gave us credit on Russia Today, even dropping the link. Wish TMZ et al would do that….
Hopefully this continues for a while longer, but I promise we’ll get back to fart jokes soon enough.
Guess what kiddos…. U.S. Army Staff Sgt. Norman Bone directs movement as his patrol turns around on a narrow path in the mountains of Parwan province in Afghanistan on Oct. 25, 2006. Bone is a patrol leader for the 561st Military Police Company, Fort Campbell, Ky., attached to 10th Mountain Division. DoD photo by Sgt. 1st Class Dexter D. Clouden, U.S. Army. (Released)
061025-A-5420C-234.jpg
Way to go TMZ, way to go.
Hattip to Anonymous
2 updates here real quick:
1) TMZ got the picture from NBC. Which begs the question, when you go to TMZ, why does it say “Exclusive” on the photo.
2) The lady at TMZ told me the story was the exclusive, and not the picture. You’ll have to go to their link and let me know what the exclusive part is.
Everyone apparently has an exclusive on this, except the guy who actually posted the story first, me. And for the record, full credit should go to the men and women of the 114th if it goes to anyone, because they’re the ones we owe credit for all things to.
FROM COMMENT BELOW:
Hey the picture is wrong also, the HMMWV in the pic is an M1114 without frag 5 armor(this became mandatory in 2007 in Iraq) if he was in A-stan in 2009 he would of been in an M1151 which has a very different window on the door, and why in 2009 is he wearing IBA instead of IOTV, and mix matched ammo pouches? makes sense in 2006 which is the actual pic date but doesn’t make sense in 2009.
The commenter here is a former troop of mine who is like a 1SG or somesuch now. I wanted to highlight it, because it is the kind of thing that troops notice, and the media NEVER notices. Just great stuff.
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.
Dude is seriously funny. For those that don’t know, my blogging started as an underground hard copy newsletter in the Army with Sniper as our Editor in Chief. We served together in the 3rd Battalion 116th Infantry. Folks, I give you the stylings of White Rapper Extra-Ordinare, from the mean streets of Winchester, Virginia, The Sniper….
“The Craven”
Once upon a show for talent, I portrayed myself as gallant,
And told tales of the Taliban and grenade attacks that m-m-m-made me sore,
While I stood there, clearly lying, I sang well, there’s no denying,
As was evident by clapping, clapping on the studio floor,
“‘Twas T-T-TBI,” I stuttered, “while I was singing I ignored-
R-rattled brains inside my gourd.”
Ah, distinctly I remember acting like a total member,
Lying like a fallen timber splayed out on the forest floor.
Eagerly with stories borrowed;- I pleaded to return tomorrow,
With a blatant lack of sorrow- sorrow for my character poor-
Now I bear the name and title of the craven attention whore-
WELCOME MSNBC FOLKS! For the latest info on how this guy is lying, please CLICK HERE to go to the most recent update.
BRIEF UPDATE: The promotion to E6 was an innocent transcription error by others, not by Poe. Unfortunately for him, the promotion is the only thing that WOULDN’T violate the SVA.
Just a reminder of the ACTUAL RECORD:
Sgt. Timothy Michael Poe served in the Minnesota Army National Guard from Dec. 3, 2002 until May 26, 2011, and performed as a supply specialist.
His military records indicate that he served with the Minnesota National Guard in Kosovo from Oct. 10, 2007 until July 15, 2008, and was deployed to Afghanistan from July 28, 2009 to Aug. 30, 2009.
Sgt. Poe’s official military records do not indicate that he was injured by a grenade in combat while serving in Afghanistan in 2009, as he reports. The Minnesota National Guard can also confirm that he was not awarded the Purple Heart Medal for wounds sustained in combat.
Now, this guys real perfidy was taking in my friends at Defenders of Freedom, who had to put out this release last night:
Defenders of Freedom’s mission has always been to help meet the needs of our Troops. We strive to assure that our assistance is given to those who meet our giving criteria. Since being alerted about Tim Poe last week, we have been unable to substantiate his claims. We have reached out to him, but have been disappointed that he has been unwilling to talk with us. As a result, in the best interest of Defenders of Freedom, we have chosen to disassociate with him.
Defenders of Freedom thanks the men and women from the 114th Transportation Unit with the Minnesota National Guard who alerted us to the discrepancies in Tim’ story. We appreciate your service in Afghanistan and will remember the sacrifice of your fallen comrade, George Cauley.
Just remember that next time Jonathan Turley some random douche tells you that Stolen Valor is harmless lies that don’t hurt anyone. They hurt Defenders of Freedom, who could have allowed an actual wounded vet to take part in their activities.
Anyway, another friend found this picture from one of the DOF events, and it shows the wounded guys that were partaking, and their service. All the info on the bios is from self-reporting.
So, let’s blow up Poe’s background:
In case you can’t make it out….
* Purple Heart
* Bronze Star
* ARCOM with star*
* AAM with 3 stars*
* Combat Infantryman’s Badge (YOU SON OF A BITCH)
* Air Assault
* Kosovo (confirmed), Iraq x2 (nope) and Afghanistan x2 (32 days.)
* Post- ETS promotion from E5 to E6. (See update, transcription error)
But yeah, he was only lying to honor other wounded vets.
* See comments below, apparently dude is claiming like 6 and 8 medals. Honestly, I never got any stars on anything earned except the Reserve Components Training Medal and I don’t think I ever even wore it. I did get a few stars on my “Successfully lived through an Article 15” award, but that might only be a state thing. Or maybe not even that.
UPDATE:
From another source:
Confirmed that Poe is the guy I was thinking of, he was in my battalion on ADOS orders same time as me. And this isn’t his first time getting caught lying on the record. He put his Jeep in the ditch after leaving a bar in 2008 and told the police he was on duty at the time to try to get workers comp to pay his medical bills.
He actually was injured in Afghanistan, but by falling off a truck at the MOB station and hurting his back. He reinjured himself in country (allegedly) which was why he left after a month. In that time he never left the wire. Typical faker, when told he was being given a medical discharge, he fought it saying he could still be in the Guard, he just couldn’t deploy….
Also, I can confirm that his MOS was 88M20 on the Astan deployment which makes me even more pissed about the CIB claim. The only other MOS he holds is 92Y20.
Poe was assigned to med hold on 24 April 2010 and released 08 April 2011.
