SPRINGFIELD — A U.S. Marine Corps veteran was sentenced on Tuesday to 24 months of supervised release for stealing benefit payments from the U.S. Department of Veterans Affairs and submitting a false Purple Heart application through his congressional representative.

Paul John “PJ” Herbert, 54, appeared in U.S. District Court in Springfield three months after pleading guilty to one count of making false statements. The first 12 months of his supervised release will consist of home confinement, with exceptions for medical, mental health, therapeutic and veterinary appointments as approved by the Probation Department. Herbert was also ordered to pay $299,733 in restitution, which will take the form of the VA withholding $900 per month from Herbert’s monthly disability compensation benefit.

The Recorder published a report in August 2022 in which Herbert admitted to embellishing his military service and receiving medals and money he had not earned. Herbert was accused of stealing more than $344,000 in veterans disability benefits between Jan. 1, 2010 and March 11, 2023. He was arrested on Sept. 1, 2023. It has since been discovered that Herbert had legitimately earned approximately $44,000 of the money he had received.

In court on Tuesday, Herbert read a prepared statement in which he spoke about his service in Iraq and Somalia, but apologized for lying about certain events and accomplishments. The act of lying about military service is known as stolen valor.

“I violated the Marine Corps values,” he said.

Herbert, who appeared in court with his English Labrador retriever service dog, thanked his Veterans Affairs physicians and caretakers as well as his family, including his Vietnam War veteran uncle who died in April. He also apologized to U.S. Rep. Richard Neal for wasting his office’s time and to Purple Heart recipients, saying he hopes they do not feel their sacrifices have been belittled.

But Judge Mark Mastroianni was critical of Herbert’s statement, which he said was filled with excuses and made him feel conflicted about whether to accept the plea agreement.

“I did not find it particularly compelling,” the judge said. “It sounded like an acceptance speech.”

Mastroianni also said Herbert made it appear as though his offense was a singular incident.

“It was not,” he said. “It was a repeated incident.”

Investigations by the Upper Pioneer Valley Veterans’ Services District revealed that Herbert had lied about certain heroic actions during deployments to northern Iraq and Somalia in the 1990s. According to information the veterans’ services district received through a Freedom of Information Act (FOIA) request, Herbert was in active service from Dec. 11, 1989, to Dec. 10, 1993, and in the Reserves from Dec. 11, 1993, to May 1, 1995.

Christopher Demars, then-deputy director of the Upper Pioneer Valley Veterans’ Services District, previously said he and his colleagues started becoming suspicious of Herbert’s claims several years ago when Herbert spoke at a local veterans event and talked about his experiences. Demars, now the agency’s director, said Herbert mentioned a lot of information that was not documented in his DD214 (Certificate of Release or Discharge from Active Duty). Herbert had claimed to be the only survivor of an improvised explosive device (IED) attack while serving with a group of British Royal Marines during Operation Provide Comfort, a mission to defend Kurdish refugees fleeing northern Iraq in the aftermath of the Persian Gulf War. But Herbert told the Recorder in August 2022 that there was no IED explosion and no Royal Marines were killed.

Asked to comment on the outcome of Tuesday’s sentencing, Demars wrote in an email, “I will say I am disappointed in the sentencing and leave it at that.”

As a result of his lies, Herbert also received free dental care, $9,000 in tax abatements from Buckland over nine years and $19,000 from the state’s annuity for veterans who are 100% disabled. Herbert reportedly also received reimbursed mileage to free mental health and neurological appointments he did not qualify for. The veterans’ services district also said the VA had been paying the pet insurance and veterinarian bills for the service dog that Herbert got for free. His lodging and food were paid for when he went to Long Island to train with the canine.

The case was prosecuted by Steven Breslow and James Nagelberg. Following the sentencing, Mastroianni allowed the prosecution’s motion to dismiss the single count of theft of government money.

In stating his case for the plea agreement, Nagelberg said Herbert’s offenses were “an affront to the Marines.” He also said the Purple Heart, awarded to those who were wounded or killed while serving, is the oldest military award still bestowed upon U.S. service members.

At one time, Herbert fraudulently wore at least 14 military awards (including the Bronze Star with Valor and a Combat Action Ribbon) on his uniform. Asked about these medals in August 2022, Herbert said he had locked away the ones he legitimately earned and thrown away those he received fraudulently.

His attorney, Thomas J. O’Connor Jr., an assistant federal public defender, told the judge his client has a legitimate traumatic brain injury from repeated blows to the head from a helicopter cargo hook. Herbert was reportedly diagnosed after “his symptoms began to manifest later.”

O’Connor said Herbert also suffers from chronic migraines, fibromyalgia and post-traumatic stress disorder as a result of his service. He also said his client is working with a therapist to try to figure out “why it is he said what he said.”

“He has started to sort those things out,” O’Connor said Tuesday. “Mr. Herbert’s identity was wrapped up in being a United States Marine.”

O’Connor also mentioned Herbert’s wife divorced him due to the case and his children no longer speak to him. He has also reportedly missed weddings and the birth of his grandchildren.

Reach Domenic Poli at: dpoli@recorder.com or
413-930-4120.