Bernath’s CPO claim

Editor’s Note: Apparently someone has broken into TAH past our multiple levels of defense. I assume it is satire, but we are looking into it. I only know that none of us did this. And Satire is apparently an absolute defense to all libels and slanders. One of the greatest legal minds of any generation told us that, so it must be true.

We’ll work on finding out who it is.

NOTE: Do not say anything that could even conceivably considered threatening.  Bernath is allegedly filing restraining orders under this statute that Oregon has to protect disabled people.  You could have a restraining order issued before you even get a chance at due process, and that could cause problems especially for anyone in the military if there is a Lautenburg problem.  So, be careful in word selection.

I’ve received probably 100 emails from Daniel Bernath in the past 3 days. He’s threatening lawsuits that will go all the way to the Supreme Court. He’s alleged everything under the sun, including that we put a hit out on him. (Newsflash: we didn’t.) But some things are coming into focus.

He’s clearly a deeply troubled guy. Like, more than we even imagined. His wife filed a declaration that may put some light on it:

32. I sort out his VA supplied medication and give him 4 pain pills each day. Even with the many pain medications, Mr. Bernath fells such strong pain that he at times will fold his arms and rock back and forth until he can take the next course of pain meds and the results kick-in.

[…]

34. Many of the medication he takes warn him that they will affect his mental abilities and warn him about driving, using machinery and making important decisions while on the medication. As he is so disabled, he has depended on me. I saw the need to step into his law office practice, educated myself to law office procedure, disability law and procedure and took over for him.

Now, ignore those issues, I only bring them up to point out this observation. I’ve actually come to the conclusion that he isn’t lying about being named an honorary Chief Petty Officer in the conventional sense. But only because he has such a tenuous grasp of reality that he actually believes it.  (NOTE: Others are telling me that is bullshit and he’s just acting.  I don’t know the dude, I can only base it on these erratic emails.  You guys may be right and he’s just acting crazy.  Sort of a retarded Murdock from the A-Team.  Only Murdock usually checks fuel levels.  I seen him do it.)

He’s not an honorary CPO, that is clear from what I will show you. No rational person could believe that he actually is an honorary CPO. Which is why when confronted with all this info, he can’t even recognize it for what it says, leaving me to conclude that he’s just not rational.

Over and over he keeps saying the he will prove in court that he’s an honorary CPO. He can’t. And I’m not overly eager to either wait for that to happen, or get dragged into a court halfway around the country. So, I am going to prove it now for all of you, with Bernath’s own documentation. I fully suspect he’ll delete all his stuff, so I’ve screen capped it.  He’ll still drag us into court probably, but it will give me some peace of mind while I wait.

The graphic above shows that he is claiming to be a Chief Petty Officer (Honorary.) Additionally, he sent me pictures of a plaque to prove it. Here’s the problem, NONE OF IT SHOWS HE WAS NAMED AN HONORARY CHIEF PETTY OFFICER. As noted before, the only one with the authority to do so would be the MCPON, and he hasn’t done it. So, let’s go to the videotape here:

In 2006, Daniel A. Bernath was named “Photographer’s Mate Chief Petty Officer” (Honorary) by the US Naval Photography Association for his contribution to United States Navy Photography through the years. US Naval Photography Association

Both the plaque that he sent a picture of to me, and the memo from the US Naval Photography Association don’t use that language. Instead they SPECIFICALLY STATE that he was named an “Honorary Chief PHOTOGRAPHERS MATE.” You see what he’s done? Everywhere it says “Photographers mate” his mind translates it as “Petty Officer.”

What I am going to do now is highlight the stuff that proves what I am saying. Everything in bold is what Bernath self-identifies a document as. And then everything in italics is what the document from the person ACTUALLY says. So, Bold = Bernath, italics = actual document. Bold + Italics = prove he’s not in touch with the objective truth. All this currently located AT THIS LINK. I encourage you to click through and look at the original documentation before it gets deep sixed.

Chief Petty Officer Putnam Nominates Bernath to Chief Petty Officer
Because of all that Photographer’s Mate Bernath has done to support and honor our Country, our Navy, Naval Photography and Photographer‘s Mates, I unhesitatingly recommend him for selection as an Honorary Chief Photographer’s Mate.

Captain Potts Recomends Daniel Bernath to Chief Petty Officer
[Memo regarding] Honorary Chief Photographer’s Mate Nomination

Petty Officer Freund recommends Daniel Bernath to Chief Petty Officer
I heartily endorse the nomination to make Photographers Mate Daniel Alan Bernath, “Honorary Chief Photographer’s Mate.”

Lt. Commander Ralph Lewis Nominates Daniel Bernath to Chief Petty Officer
At the request of PHC Milt Putnam I heartily second Daniel Bernath’s nomination as Honorary Chief Photographers Mate.

Chief Petty Officer Giberson Nominates Daniel Bernath to Chief Petty Officer
His efforts with the USS Yorktown website, alone are enough to qualify him for the high honor of Honorary Photographer’s Mate.

But let’s even assume that these recommendations were for “Chief Petty Officer” which one of them appears to do, that honorific not only doesn’t come from the recommendations themselves, but doesn’t appear to have actually been awarded. Leaving aside the issue that the Naval Photographers Association doesn’t have the ability to actually grant honorary CPO status, both the plaque and the letter allegedly awarding the honorific specifically state that he’s being awarded status as “Honorary Chief Photographers Mate.”

In case you needed further proof, as if your lying eyes deceived you, here is CDR John W. White, USN (Ret), President of the National Association of Naval Photography:

The National Association of Naval Photography (NANP) has never conferred the title of “Honorary Chief Petty Officer” upon anyone. Therefore, we would have no official records substantiating Mr. Bernath’s claim concerning the title. Please note that only the Master Chief Petty Officer of the Navy has the authority to confer such a title.

Further, as we’ve shown before, Bernath then took another guy’s picture, and photoshopped his head on it. He is correct when he notes he doesn’t have a copyright problem (since the copyright is probably the US Navy’s, and the Gov’t can’t copyright pictures) but he later argued that the photoshop was a sort of joke which he only posted to a private blog to share with family. Except that is not what Bernath’s website is. in fact, what it does is shill various sight-seeing excursions in Portland Oregon. It’s not a private thing to keep family members in the loop, it is a commercial enterprise.

Bernath is a public person by his own admission on his website. He appeared on TV shows, was a radio talk show host, a hero who stands up for the little guy in Social Security Hearings in Oregon, and has been in the paper numerous times. (Usually for stuff like being a monumental jackass.)  He’s also engaged in Stolen Valor (he’s pimping a fake military honorific on a commercial website) which is an issue in the public sphere.

But he’s also CLEARLY a very troubled individual.  Enough so that in any other circumstance I might take pity on him.  But he’s sending me the most truly bizarre and ridiculous demands that any pity has fallen by the way side.  For instance, today he emailed to ask if I would accept service on a lawsuit against someone I have never heard of.  He’s accused me of sending letters/emails to the VFW when I’ve never contacted them.   He says we threatened to kill him, he’s allegedly filed restraining orders, he keeps calling me a “dickless lawyer” and says I will be disbarred:

You and others defamed me, committed the criminal act of solitation to murder or harm and you did it by sending a mail through your computer.
VFW is cooperative.
I’m filing a police complaint now as you and Hyatt encouraged murder/harming me.  You admit the wanted poster is yours as part of the threat and menacing.
Wow, you didn’t stay a lawyer very long.

So, pity is running a little short.

I know people hate lawyers, and Bernath would be proof positive that some of them really do suck.  But I’ve been on the phone with nothing but lawyers for two days now, and not a one of them has been anything but fully supportive.  Not a one is asking for any payment, and all of them are offering their support.

I’d be tempted to just let this fade away, in fact, I wish it would.  But Bernath sends me new legal threats every time I turn around.  I’m pretty much done playing with him.  I asked him repeatedly to stop contacting me, and to do his talking through the courts, but that didn’t work.

Some lady in the Oregon article I linked above refused to go in a room with him anymore.  And she pegged him perfectly:

“His outbursts are unprovoked, explosive, and disproportionate to the proceedings,” she wrote. “He appears to have difficulty gaining control once his emotions escalate, and the escalation is rapid.”

Well, he’s forced us to fight now.  Because if we cave on even one lunatic like Bernath, it will only give license to the rest of these Stolen Valor guys to act insane.

Category: Phony soldiers