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Donald Arthur

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Donald Caldwell Arthur, Jr. (January 4, 1950 - present) is a retired U.S. Navy medical corps vice admiral (VADM). He entered the Navy in 1974 and eventually served as the 35th Surgeon General of the United States Navy (2004–2007). After leaving the Navy in 2007 he became a hospital executive at Main Line Health System in Bryn Mawr, Pennsylvania. At the time of his retirement (August 27, 2007) Admiral Michael Mullen called VADM Arthur a "sort of a Renaissance man. His résumé says a lot. BA, MA, JD, PhD, and of course, MD – he’s got more degrees than a thermometer."[1]

He came under controversy when, in the last two years of his naval career, it was noticed that he was claiming a Ph.D degree in health-care management from what is now American Century University and a J.D. from LaSalle University, one of the James Kirk diploma mills. Both degrees had been completed within a 14-month time frame in 1992 and 1993 and were from unaccredited institutions. His résumé also claimed a non-existent master's degree, a claim he made as early as 1974. He has an earned M.D. degree from the College of Medicine and Dentistry of New Jersey (1974-1978).[2]

The investigation into his falsified résumé began after B. G. Burkett, author of Stolen Valor, asked Admiral Michael Mullen to investigate the matter in November of 2005, two years prior to Arthur's retirement.

Personal Information

Donald Caldwell Arthur was born on January 4, 1950 and raised in Northampton, Massachusetts. His parents were Donald & Mary Arthur.[3] He has a devoted sister Karen Arthur Lowther, R.N.[4] As of April 20, 1999 Arthur was married to Marianne Rose Mele of Tenafly, New Jersey and had fathered 2 children.[5] Rose Anne Arthur (Daughter) was born on October 20, 1979 while Lindsey Anne Arthur (Daughter) was born on June 16, 1984. As of February 26, 2002 (107th Congress) he identified Beverly Kathryn "Bean" Arthur (deceased) of Neenah, WI as his spouse and a third daughter, Dawn (Robin) Arthur, who was born October 12, 1989.[6]

Motorcyclist

Arthur ("Don Arthur")[7] has been a motorcycle enthusiast throughout his adult life. He began riding in 1967 and had no formal training. "There were no courses that I knew of back then," said Admiral Arthur, "so I learned from a friend..."[8] Curiously, by 1973 he claimed to be working for Harley Davidson as a mechanic. All Harley Davidson mechanics are required to certify[9] by attending one of 4 colleges[10]. There is no record that Arthur ever gained certification as a mechanic or that he ever worked for Harley Davidson.

He has been a proponent of motorcycle safety throughout his Naval career.[11] He published an article, "Fatigue and Motorcycle Touring"[12] and lectured extensively on the topic at motorcycle club meetings. Despite his safety concerns, he was quite "accident prone" incurring 3 accidents in his life, two of which were major and disabling.

When asked if he's ever had any close calls, Admiral Arthur responded, "I've had some closer-than-close calls--I've had a couple of accidents. My first one happened while I was working for Harley-Davidson as a mechanic--on April Fool's Day, 1973. I was riding a brand new bike to the shop when a car turned left directly in front of me. I had no reaction time at all. I spent the next four years on crutches and had a total of 10 operations and two knee replacements before they could put my left leg back together well enough to walk again...I also scratched up another helmet when a deer hit me [during the May 2002 four-corners ride.]"[13]

The Four Corners Ride is 2405 miles and usually takes 13 days to complete.[14] It took him 4 days, 10 hours and 42 min to complete the journey. Don Arthur would have had to average 75 MPH, 8 hours per day for 4 days to accomplish this feat. This was a speed record completed in less than a third of the time the usual rider would take. It starts and ends in Las Vegas and doesn't include Los Angeles where he claims his shattered windshield was replaced (Paige Ortiz’s Aeroflow shop in Los Angeles).

The third accident[15] (August 2005), which was likewise described as unavoidable, occurred on U.S. Highway 36 at Stewartsville, Mo. The Missouri State Highway Patrol report stated that Arthur rear-ended a car traveling in excess of 65 mph[16]. (The truck driver next to him estimated he hit the car at 67 mph.[17]) No citation was issued to either driver. Arthur claimed that "Thanks to the helmet, I suffered no brain injury. My injuries are a pelvis fractured in three places, a separated right shoulder, and fracture separations of two ribs at the sternum which caused a pneumothorax (partially collapsed lung)"[18]. Curiously in March of 2007 Arthur claimed to have incurred a traumatic brain injury from the incident. "Arthur said he himself suffered a traumatic brain injury a year and a half ago and was initially embarrassed to talk about the problems he was having as a result."[19] Arthur was reported to be "unconscious for 20 or 30 minutes".[20] At the time of his third accident, Arthur was Chief of the Bureau of Medicine and Surgery and the 35th Surgeon General of the Navy having earned a Three-star position.

In 2002 while on active duty (Rear Admiral lower half), he claimed to have traveled 117,000 miles over a period of 12 months. During this excursion, Arthur struck a deer and shattered his windshield. He claimed his record was verified by the Iron Butt Association but he unfortunately didn't document service station receipts or have his odometer inspected initially. His mileage estimate actually increased to 175,000 total miles in the year.[21] A survey[22] from said association in 2003 found that less than 3% of respondents rode more than 48,000 miles in a year. Considering that Arthur would have had to drive at 65 mph, 8hr/day for 335 days to attain this distance encircling the continental United States 30 times while on active duty for the Navy as a 2 Star Rear Admiral, this was an amazing accomplishment to say the least. His extensive experience in "Fatigue and Motorcycle Touring" certainly must have played a role in his astounding although undocumented endurance record.

The Hurt Report (AKA "Motorcycle Accident Cause Factors and Identification of Countermeasures"[23]), published by the late Professor Harry Hurt[24] has been called "the most comprehensive motorcycle safety study of the 20th century."[25] The List of findings in the Hurt Report in part state:

4. In the single vehicle accidents, motorcycle rider error was present as the accident precipitating factor in about two-thirds of the cases, with the typical error being a slide-out and fall due to overbraking or running wide on a curve due to excess speed or under-cornering.

16. The median pre-crash speed was 29.8 mph, and the median crash speed was 21.5 mph, and the one-in-a-thousand crash speed is approximately 86 mph-

20. Motorcycle riders between the ages of 16 and 24 are significantly Overrepresented in accidents; motorcycle riders between the ages of 30 and 50 are significantly underrepresented.

23. Motorcycle riders with previous recent traffic citations and accidents are overrepresented in the accident data.

24. The motorcycle riders involved in accidents are essentially without training; 92% were self-taught or learned from family or friends. Motorcycle rider training experience reduces accident involvement and is related to reduced injuries in the event of accidents

26. Lack of attention to the driving task is a common factor for the motorcyclist in an accident.

28. Motorcycle riders in these accidents showed significant collision avoidance problems. Most riders would overbrake and skid the rear wheel, and underbrake the front wheel greatly reducing collision avoidance deceleration. The ability to countersteer and swerve was essentially absent.

Education

Arthur attended Northeastern University in Boston, Mass and graduated with a BA degree in 1971. Thereafter he claimed to have been in an "M.A. program" in Genetics[26] but to have not completed it or obtained an M.A. "Arthur said, 'I was in a master's program, but I did not graduate. I do not have a master's degree.'"[27] Indeed in 2009 he said "I have never claimed to have an M.A."[28]

Arthur was accepted to the College of Medicine and Dentistry of New Jersey in 1974. That same year he became an Ensign, in the U.S. Naval Reserve. His tuition to medical school was provided by the US Navy. CAPT John M. Donlon USN, a retired Naval Line Officer, confirmed on May 12, 2008 during a phone conversation with COL Kenneth G. Swan MC, USA (retired), currently a Professor of Surgery at the University of Medicine and Dentistry of New Jersey, that VADM Arthur had indeed included his Master of Arts (M.A.) in Genetics from Northeastern University in 1973 on his entrance application to medical school. In addition, Rear Adm. Frank Thorp confirmed "The master's degree first appeared in Arthur's paperwork when he joined the Navy in 1974".[29] The master's degree would actually reappear on future résumés throughout Arthur's career[30][31]. In addition, he listed the M.A. in Genetics in his 1978 medical school yearbook. He also claimed to be authoring a pharmacology publication but this is likewise unsubstantiated.

Upon obtaining his M.D. in 1978, he reported for active naval duty as a Lieutenant. Between June 1978 and June 1979 he attended a Surgical Internship at the National Naval Medical Center, Bethesda, MD.[32] At this juncture, Arthur formally began his Naval medical career qualifying for a medical license in the state of California (License: G 53102).

While a practicing medical officer, Arthur claimed to obtain additional academic credentials (a Ph.D in 1992[33][34] and a J.D. in 1994[35]) which would be pivotal in his future success in the navy and prosperity. As Rear Adm. John Hutson, the Navy's top uniformed lawyer said, "'He may or may not be promoted without it,' Hutson said. 'But one, he had it in his record, and two, there's a pretty good argument that he knew or should have known that people would rely on it, not knowing that they were unaccredited degrees.'"[36]. "When his medical school gave him a distinguished alumnus award in 2005, the law degree and Ph.D.were listed, records show"[37].

At the time (July 1996) one of the diploma mills (Lasalle University) was closed and the founders imprisoned for fraud, the U.S. Attorney Harry McSherry sent notifications to the 15,000 graduates with bogus degrees. He stated, "'We had a fairly complete list, and sent notification to everyone on that list'...McSherry added that students were told to tell their employers or future employers about the validity of the university's accreditation[38]. The Chicago Tribube exposé by Russell Working, Investigative Reporter, on October 1, 2008 reveals that Arthur admitted taking "some courses from two places that are unaccredited." He attributed this to the fact that in 1993-1994, "I could say I was naive, but I was 40 years old. And I didn't understand completely what was going on." This does not explain his inclusion of these unaccredited degrees in his future résumés and biographies.

Medical Career and Active Duty[39]

Between July and December of 1979 he attended Naval Aerospace Medical Institute in Pensacola, FL. Thereafter Arthur was at the Naval Undersea Medicine Institute in New London, CT (January-June 1980). In October of 1980 he was promoted to Lieutenant Commander while serving in the Naval Submarine Medical Research Laboratory in Groton, CT as a Research Medical Officer. He was then, on August 3, 1981, Augmented in the U.S. Navy. Next, between Feb 1982 and Feb 1984, he claimed to be Flight Surgeon/Diving Medical Officer at the U.S. Naval Hospital, Subic Bay, RP. He then became the Senior Medical Officer on the USS KITTY HAWK (CV 63)(March 1984-July 1986)

While in Subic Bay (30 Aug 1983), he claims training in Lakehurst, NJ as a Parachutist obtaining Jumpmaster certification[40] on August 30, 1983. In fact, Lakehurst hadn't been a training center since WWII and the parachute jump field became a toxic oil dump (1950-1970). In addition, the Aeromedical Reference and Waiver Guide states "Hardware implanted as a component of a prosthetic joint (arthroplasty) is CD."[41] Since Arthur had two total knee replacements in 1973 at the time of his first motorcycle accident[42], he was ineligible for a medical waver for Military operational parachuting.

On August 1, 1986 he was promoted to Commander and practiced as an Emergency Physician and Resident at the Naval Hospital in San Diego, CA (Aug 1986-Jun 1990). Arthur claimed board certification in Emergency Medicine as well. There is no mention of his board certification in Emergency Medicine by the American Board of Medical Specialists although his AEROSPACE certification is listed[43]. His Emergency Medicine certification is not listed in his Naval résumés but appears in his Navy[44] and Mainline[45] biographies as do his residency claims. In addition residency training and board certification in Emergency Medicine are not listed on either his California and more recently his Pennsylvania (License Number 438749) licensure.

He has also claimed that he served as the Head of the Division of Emergency Medicine at the Naval Medical Center, San Diego, CA between August 1988 and June 1990. In fact, CAPT "Cary" Gresham Bayne MD MC, USN was Head of ER at that time[46].

Between Jun 1990 and Oct 1992 Arthur served as the Head, Special Projects, Academics Department at the Naval Aerospace Medical Institute, Pensacola, FL. Arthur claims board certification in Preventive Medicine (Aerospace). No residency training is reported.

In 1991, he was deployed to Operation Desert Storm where he claimed combat experience.

On MAY 1, 1992 he was promoted to Captain and between Oct 1992 and Oct 1994 served at the Headquarters, U.S. Marine Corps, Washington, DC as the Director of Medical Programs. While performing his duties at the time, he was able to obtain his Ph.D (1992) from the American Century University and completed his Ph.D thesis in health care management. When the American Century University was contacted for a copy of his thesis, they claimed that it had been destroyed in a routine records purge. Arthur apparently did not retain a copy of it either and has failed to provide it upon request. Ph.D theses are typically maintained in an international databank to prevent duplication by future students obtaining their doctorate. In Arthur's case this did not occur. By 1993, he had completed his J.D. from La Salle University. Both degrees were accomplished in a mere 14 months, are unaccredited and not recognized by the US Navy.

Between October 1994 and April 1996 Arthur served as the Deputy Commander of the Naval Medical Center in San Diego, CA. Following this, between April 1996 and August 1998 he was the Commanding Officer at the Naval Hospital in Camp Lejune, NC. Then, between August 1998 and 1999, he was the Assistant Chief for Health Care Management Plans for the Bureau of Medicine and Surgery, Washington, DC. Apparently his degrees served him well as he served his country.

Arthur was awarded his First Naval Star as Rear Admiral (lower half) on May 1, 2000 by the 106th Congress of the US. During his tenure he performed his epic 117,000 mile motorcycle journey throughout the continental United States in 2002. On July 1, 2003 he was appointed Rear Admiral by the 107th Congress, earning his Second Star. Finally, in 2004, Arthur gained his Third Star by the l08th Congress and became Chief of the Bureau of Medicine and Surgery and 35th Surgeon General of the US Navy where he served until 2007. While serving in this capacity he incurred a traumatic brain injury from his third motorcycle accident (August 2005).

Prior to his retirement in 2007, Rear Admiral Frank Thorp.[47] stated that a "preliminary" Naval inquiry into Arthur's credentials had occurred and concluded that there was "no wrongdoing" by the officer in these regards. Due to confidentiality issues, the Office of the Inspector General will not comment on the investigation[48] and Arthur will not authorize a release of the report[49].

Based upon military documents Arthur's salary for his final year of service was in excess of $320,000.00.[50][51][52]

The breakdown is as follows:

Monthly Basic Military Pay for VADM (0-9) $ 13,441.50

Basic Allowance for Housing $ 5,917.20 (4 dependents)

Family Separation Allowance $ 250.00

Basic Allowance for Subsistence $ 192.74

Personal Monthly Money Allowance Vice Admiral $ 41.67

Imminent Danger Hostile Fire Pay $ 225.00

Submarine Duty Pay 0-9 $ 355.00 Diving Pay $ 240.00

Parachute Pay $ 150.00

Navy and Marine Corps Cumulative Sea Duty $ 405.00

Variable Special Pay for Medical Officers $ 583.33

Board Certified Pay for Medical Officers $ 500.00

Sub Total Basic Monthly Military Salary for Medical Officer $ 22,301.44

Annual Basic Monthly Salary for Medical Officer at rank of VADM (0-9) $ 267,617.28 Per Annum

Incentive Special Pay for Medical Officers Emergency Medicine $ 26,000.00 Per Annum

Incentive Special Pay for Medical Officers Aerospace Medicine $ 13,000.00 Per Annum

Multi-year Special Pay for Medical Officers $ 14,000.00


Potential last years Salary $ 320,617.28

Combat Experience

During his service in Pensacola, he was deployed to Operation Desert Storm (1991). Arthur has on multiple occasions claimed combat experience during Operation Desert Storm. Indeed, "In July 2007, he told a U.S. House of Representatives subcommittee: 'Having been in combat, I know that no one goes into combat and comes out without being significantly affected.'"[53] "Specifically, Arthur said he was privileged to serve with the U.S. Marine Corps in direct combat operations."[54] The Defense Health Board Task Force on Mental Health stated, "Dr. Arthur served in combat operations with the Marine Corps in Desert Storm."[55] His Mainline biography clearly states, "During Desert Storm, he experienced combat in support of the Marine Corps."[56] The April 16, 2007 transcript from the Task Force on Mental Health care also verifies VADM Arthur said "I've been in combat, it is a life-changing event to go under that kind of stress"[57]

The official history of the Marine Corp does not mention any combat experience in Arthur's record. His Commanding Officer at the time, "Frederick M. Burkle Jr., who was the top medical officer of Arthur's unit in Saudi Arabia, said, 'We could certainly see the war was going on at a great distance, but we were not hit and we did not receive any fire.'"[58]

Of further note, Arthur is reported to have worn the Combat Action Ribbon rewarded to those who " have actively participated in ground or surface combat" and this to the chagrin of veterans who have actually been in combat.[59]. This ribbon is not listed on any of his Nomination résumés for the US Navy. Mr. Jan Herman MA - Historian at Navy Bureau of Medicine and Surgery (BUMED) can confirm that VADM Donald Caldwell Arthur BA, MA, MD, PhD, JD, MC, USN (retired) wore a Combat Action Ribbon to his retirement ceremony.

When questioned about wearing the ribbon and his combat experience by Josh Goldstein, Investigative Reporter for the Philadelphia Inquirer, Arthur "declined to describe his combat role"[60].

Exposés

The story about Arthur's falsified credentials initially appeared in the Chicago Tribune on October 1, 2008 in a piece titled "Navy résumé doesn't quite hold water, Questionable degrees raise doubts on vetting" by Russell Working[61].

Allen Ezell, a retired FBI agent now working for Wachovia Bank investigating fraud, has been a long time investigator of diploma mills. "Ezell has included Arthur in a draft of an article for the American Association of Collegiate Registrars and Admissions Officers' magazine."[62]

Arthur is highlighted in B. G. Burkett's book "Stolen Valor".

An article copyrighted in the United Press in 2008 titled "Credential padding alleged by Navy Brass" discussed Arthur's saga[63].

Arthur's problems have been a topic of active discussion on multiple public fora as well[64][65][66].

On Feb. 3, 2009 an article appeared in the Philadelphia Inquirer titled "Doctor who checks credentials faces questions over his own resume" was written by Josh Goldstein. Arthur was interviewed for 75 minutes by Mr. Goldstein. In that interview Arthur stated, "I'm an honorable person who has led an honorable life"[67]. The interview ended when Arthur said, "The pot-stirrers want to keep bringing things up - calling my friends, calling my family, calling everybody I am acquainted with and making all manner of accusations," he said. "Quite frankly, I'm done."[68]

Retirement

Arthur retired from the Navy on August 27, 2007 as a Three Star Vice Admiral and the 35th Surgeon General of the US Navy. His retirement ceremony was a celebrated affair hosted by then Admiral Mike Mullen. (Mullen has since been appointed the 17th Chairman of the Joint Chiefs of Staff.) Representative C. W. Bill Young attended the ceremonies. "Young saluted Arthur, who he worked closely with during his tenure as Commander of the National Naval Medical Center and Surgeon General. “He cares about his sailors and Marines and made Bethesda and Navy medicine the preeminent providers of care for our injured service members...'"[69]

Mullen delivered praise and accolades at Arthur's retirement despite being asked to investigate Arthur's credentials in 2005 by B. G. Burkett. In addition to his thermometer metaphor, Mullen praised Arthur as a Renaissance man with impeccable credentials. He recounted Arthur's glorious career and honors even mentioning his motorcycle obsession. In conclusion Mullen said, "Don, looking at what you’ve accomplished these past three decades, your career and your life bring to mind the words of another great renaissance man, Benjamin Franklin, who once said, well done is better than well said."[70]

Arthur retired with a handsome pension from the Navy reflecting his extensive academic credentials and repeated promotions. He receives $137,724 annual pension for his 33 years of Navy service.

Present Activities

Arthur joined Mainline Health on November 05, 2007 as Senior Vice President and Chief Medical Officer. Mainline is one of the largest health care organizations in Pennsylvania providing a "full range of medical, surgical, obstetric, pediatric, psychiatric and emergency services" to suburban Philadelphia.[71] Mainline Health runs and manages multiple acute care medical centers in Philadelphia, including Lankenau, Bryn Mawr, Paoli and Riddle Hospitals. They employ over 10,000 people including 1,900 physicians.

As he did in the Navy, Arthur is personally involved in the credentialing process for physicians and health care personnel at Mainline. "Dr. Donald C. Arthur is responsible for all clinical health services physician contracts credentials and clinical appointments laboratory, pharmacy and radiology services infection control risk management disaster planning medical informatics graduate and continuing medical education and human-subject research programs."[72] Arthur's undocumented Emergency Medicine board certification and his combat experience are highlighted on his Mainline biography.

Some feel that this is paradoxical considering the controversy surrounding the validity of Arthur's own credentials. "In 44 years in the Navy, I have never seen anyone at any rank have such bogus credentials be in such a position of power, prestige and leadership," said CAPT Benjamin G. Newman MD, MC, USN (retired), a Maine doctor who retired from the Navy in May. "Isn't it paradoxical that someone with such problems would be now in a position to make judgments about others' credentials?"[73]

Alvin R. Manalaysay, Ph.D., M.D. had this to say, "I am a retired Navy physician (1979 - 2000) who is gainfully employed in private practice with no axe to grind as I am getting my due pension; resolution of this fraud will not affect my pension in any way. I know the individual and some of us were surprised at the way he advanced to the top BUT we had no idea of the bogus credentials until the Chicago Tribune article came out. The individual involved advanced to Navy Surgeon General after I retired from active duty and did not adversely influence my career in any way. My main concerns on this issue have to do with the fraud and how it was used to pervert the otherwise orderly mechanism of selecting the best qualified person(s) for advancement. I personally attained the top rank for a physician who chose to remain 'clinical' (as opposed to 'administrative') within the system and did not experience any obstructions to promotions during my Navy career."

Doctor Arthur's base salary at Mainline is $420,000.00 per year. He is a member of the Board of Trustees at Lankenau Institute for Medical Research.[74] Arthur joined the TriWest Health care Alliances Executive Advisory Board in 2008.[75] Clearly his record has served him well.

In 1974 when Arthur joined the Navy, he pledged to abide by the the Core Values of the Navy: Honor, Courage and Commitment. The pledge of Honor dictates the highest ethical standards for sailors demanding truth and honesty. Honor dictates a sailor's duty to report and not tolerate dishonorable conduct. ("Illegal or improper behavior or even the appearance of such behavior will not be tolerated.") The Code of Courage addresses combat duties and demands a "higher standard of personal conduct and decency". While Commitment requires an ethical, non-prejudiced interaction with peers and "technical excellence, quality and competence".[76]

Honor

"I will bear true faith and allegiance ..." Accordingly, as Sailors, we will: Conduct ourselves in the highest ethical manner in all relationships with peers, superiors and subordinates; be honest and truthful in our dealings with each other, and with those outside the Navy; be willing to make honest recommendations and accept those of junior personnel; encourage new ideas and deliver the bad news, even when it is unpopular; abide by an uncompromising code of integrity, taking responsibility for our actions and keeping our word; fulfill or exceed our legal and ethical responsibilities in our public and personal lives twenty-four hours a day. Illegal or improper behavior or even the appearance of such behavior will not be tolerated. We are accountable for our professional and personal behavior. We will be mindful of the privilege to serve our fellow Americans.

Courage

"I will support and defend ..." Accordingly, as Sailors, we will have: courage to meet the demands of our profession and the mission when it is hazardous, demanding, or otherwise difficult; make decisions in the best interest of the Navy and the nation, without regard to personal consequences; meet these challenges while adhering to a higher standard of personal conduct and decency; be loyal to our nation, ensuring the resources entrusted to us are used in an honest, careful, and efficient way. Courage is the value that gives us the moral and mental strength to do what is right, even in the face of personal or professional adversity.

Commitment

"I will obey the orders ..."

Accordingly, as Sailors, we will: Demand respect up and down the chain of command; care for the safety, professional, personal and spiritual well-being of our people; show respect toward all people without regard to race, religion, or gender; treat each individual with human dignity; be committed to positive change and constant improvement; exhibit the highest degree of moral character, technical excellence, quality and competence in what we have been trained to do. The day-to-day duty of every Navy man and woman is to work together as a team to improve the quality of our work, our people and ourselves.

It is apparent that Arthur feels that he has adhered to this code as he claims, "I'm an honorable person who has led an honorable life".[77]

The Navy takes its Core Values very seriously. There have been numerous examples of enforcement of these regulations even in the upper echelon of command. Credentials fraud has been enforced in multiple, recent, notable instances and the perpetrators demoted, disbarred, prosecuted and imprisoned. This is based upon the following laws prohibiting False, fictitious or fraudulent claims and False claims for pensions.

§ 287. False, fictitious or fraudulent claims[78]

Whoever makes or presents to any person or officer in the civil, military, or naval service of the United States, or to any department or agency thereof, any claim upon or against the United States, or any department or agency thereof, knowing such claim to be false, fictitious, or fraudulent, shall be imprisoned not more than five years and shall be subject to a fine in the amount provided in this title.

§ 289. False claims for pensions[79]

Whoever knowingly and willfully makes, or presents any false, fictitious or fraudulent affidavit, declaration, certificate, voucher, endorsement, or paper or writing purporting to be such, concerning any claim for pension or payment thereof, or pertaining to any other matter within the jurisdiction of the Secretary of Veterans Affairs, or knowingly or willfully makes or presents any paper required as a voucher in drawing a pension, which paper bears a date subsequent to that upon which it was actually signed or acknowledged by the pensioner; or

Whoever knowingly and falsely certifies that the declarant, affiant, or witness named in such declaration, affidavit, voucher, endorsement, or other paper or writing personally appeared before him and was sworn thereto, or acknowledged the execution thereof— Shall be fined under this title or imprisoned not more than five years, or both.

In addition, Article 132[80] specifically addresses Frauds against the United States in the Punitive Articles of the UCMJ, while Article 133[81] deals with Conduct unbecoming an officer and gentleman. This code is cited in the Uniform Code of Military Justice.[82]

Likewise, the Stolen Valor Act[83], STAT. 3266 PUBLIC LAW 109–437—DEC. 20, 2006 109th Congress, addresses combat claims, specifically, "Fraudulent claims surrounding the receipt of the Medal of Honor, the distinguished-service cross, the Navy cross, the Air Force cross, the Purple Heart, and other decorations and medals awarded by the President or the Armed Forces of the United States damage the reputation and meaning of such decorations and medals." Indeed, Thomas Barnhart, who served for over 20 years in the Navy and Coast Guard, was imprisoned for claiming that he was a Navy Seal, having earned numerous decorations including 4 Combat Action Ribbons. "He faces 10 years in prison and a $250,000 fine for the theft of government funds and one year in prison and a $5,000 fine for claiming medals he did not earn, which is a misdemeanor. He also is required to pay back the $13,923 received from the VA for disability."[84][85]

Most recently, the Top Air Force Lawyer, then, Col. Michael D. Murphy, "the commander of the Air Force Legal Operations Agency at Bolling Air Force Base" in Washington D.C., was disbarred and demoted for "practicing law for 23 years without a license"[86][87]. He was retired at the grade of first lieutenant. Civilian criminal law prohibits "impersonating a lawyer" which earned a violator six years behind bars[88] for defrauding $200,000.00 from a law firm.

The article Fake Degrees Lead to Job Dismissals and Possible Prosecution describes the plight of "two medical physicists who were sent to prison for passing off fake degrees as authentic credentials" specifically derived from diploma mills.[89]

References

  1. ^ Change of Office Ceremony for Surgeon General of the Navy Page 2, Paragraph 6
  2. ^ Navy résumé doesn't quite hold water, Russell Working, Chicago Tribune, October 1, 2008
  3. ^ Admiral Vern Clark Remarks Navy Surgeon General Change of Command
  4. ^ Karen Arthur Lowther RN, defending her brother's reputation
  5. ^ Arthur's Navy résumé for Nomination PN208-01 (106th Congress) page 3
  6. ^ Arthur's Navy résumé for Nomination PN1447 (107th Congress) page 6
  7. ^ donarthur.net: Link is NOT compatible with Mozilla Firefox. Use Internet Explorer.
  8. ^ No grass growing under these wheels Page 1, Paragraph 5
  9. ^ Motorcycle Mechanics Institute - Orlando
  10. ^ Which Schools Offer Training to Be a Harley Davidson Mechanic?
  11. ^ No grass growing under these wheels Sea & Shore, Fall, 2005 by Ken Testorff
  12. ^ Fatigue and Motorcycle Touring
  13. ^ Page 1, Paragraph 7 & 8
  14. ^ Four Corners Motorcycle Tour Description
  15. ^ Ride to IBR stops short in "show me" state Page 1, Paragraph 5 & 6
  16. ^ Navy’s Surgeon General hospitalized after rear-ending car with his motorcycle
  17. ^ The truck driver next to him estimated he hit the car at 67 mph.
  18. ^ Accident Summary donarthur.net
  19. ^ Increased Awareness Will Improve Brain-Injury Treatment, Officials Say Army.Military/News
  20. ^ Kevin Markwell » Mon Aug 29, 2005 8:08 am
  21. ^ In 2002 he rode his K12LT over 175,000 MILES!
  22. ^ View Poll Results: How many miles do you ride in a year?
  23. ^ The Hurt Report". (AKA "Motorcycle Accident Cause Factors and Identification of Countermeasures"
  24. ^ Harry Hurt - motorcycle crash expert - dies
  25. ^ Interview With Harry Hurt
  26. ^ Joshua Goldstein: Philadelphia Inquirer Doctor who checks credentials faces questions over his own résumé Page 4, Paragraph 2 (Feb. 3, 2009)
  27. ^ Chicago Tribune: Navy résumé doesn't quite hold water Paragraph 18 (October 1, 2008)
  28. ^ Page 4, Paragraph 4 (Feb. 3, 2009)
  29. ^ Page 4, Paragraph 1 (Feb. 3, 2009)
  30. ^ Arthur's Navy résumé for Nomination to Congress Page 6 Special Qualifications
  31. ^ Arthur's Navy résumé for Nomination to Congress Page 11 Special Qualifications
  32. ^ Arthur's Navy résumé for Nomination PN208-01 (106th Congress) page 4
  33. ^ Arthur's Navy résumé for Nomination to Congress Page 6 Special Qualifications
  34. ^ Arthur's Navy résumé for Nomination to Congress Page 11 Special Qualifications
  35. ^ Arthur's Navy résumé for Nomination to Congress Page 6 Special Qualifications
  36. ^ Paragraph 10
  37. ^ Page 4 Paragraph 8
  38. ^ La Salle indicted for fraud Paragraph 6 & 7
  39. ^ ASSIGNMENTS AND DUTIES sections
  40. ^ Official Navy Bio Paragraph 2
  41. ^ Orthopedics 13.6 RETAINED ORTHOPEDIC HARDWARE, Discussion,
  42. ^ Page 1, Paragraph 7 & 8
  43. ^ American Board of Medical Specialists
  44. ^ Paragraph 3
  45. ^ Paragraph 3
  46. ^ Page 1 Paragraph 4
  47. ^ Page 1, Paragraph 7 (Feb. 3, 2009)
  48. ^ Paragraph 24
  49. ^ Page 1, Paragraph 7 (Feb. 3, 2009)
  50. ^ Military Pay Prior Rates
  51. ^ Military special pay
  52. ^ 2009 Special Pay for Medical and Dental Officers
  53. ^ last 1/3 of the page
  54. ^ Paragraph 11
  55. ^ Page 77 Paragraph 1
  56. ^ Chief Medical Officer Named at Mainline Health Paragraph 3
  57. ^ See PDF pages 138-139 Lines 13 and 14
  58. ^ Page 2, Paragraph 15 (Feb. 3, 2009)
  59. ^ Page 2, Paragraph 11 (Feb. 3, 2009)
  60. ^ Page 1, Paragraph 10 (Feb. 3, 2009)
  61. ^ Chicago Tribune
  62. ^ Page 4 Paragraph 10 (Feb. 3, 2009)
  63. ^ Credential padding alleged by Navy Brass
  64. ^ Philadelphia Inquirer
  65. ^ Chicago Tribune
  66. ^ More Chicago Discussions
  67. ^ Page 1 Last line (Feb. 3, 2009)
  68. ^ Page 4 Last line (Feb. 3, 2009)
  69. ^ Young Attends Change of Command Ceremonies for Navy Surgeon General
  70. ^ Change of Office Ceremony for Surgeon General of the Navy
  71. ^ About Main Line Health
  72. ^ Donald C. Arthur, M.D., Senior Vice President and Chief Medical Officer
  73. ^ Page 2, Paragraph 2 & 3 (Feb. 3, 2009)
  74. ^ Board of Trustees Member
  75. ^ Former Navy Surgeon General is Among Three New Accomplished TriWest Advisory Board Members
  76. ^ Recruit Training Command US Navy
  77. ^ Page 1 Last line (Feb. 3, 2009)
  78. ^ False, fictitious or fraudulent claims
  79. ^ False claims for pensions
  80. ^ Frauds against the United States
  81. ^ Conduct unbecoming an officer and gentleman
  82. ^ Uniform Code of Military Justice
  83. ^ Stolen Valor Act
  84. ^ CG Retiree get year for faking SEAL Past
  85. ^ SEAL faker pleads guilty in Stolen Valor case
  86. ^ Washington Post: Top Air Force Lawyer Had Been Disbarred
  87. ^ Former WH military atty practiced while disbarred - for 20 years
  88. ^ Impersonating a lawyer earns six years behind bars
  89. ^ Fake Degrees Lead to Job Dismissals and Possible Prosecution