Government Not Acknowledging its own reports in Board-Federal Court Military Pay Cases-Aaron Hassay Study

seaairmariner

Well-Known Member
PEB Forum Veteran
Registered Member
Your dangerous job-your shut down rare Units and Enlistment Program covered on mil reports, one is titled "Evolution of the Military's Current Active-Reserve Force Mix"
are ignored while they decide how why and deny help in terms of benefits.

A BVA Federal Judge instantly identified your file as "Unique" as you had no DD 214 but were assigned to a ship. How does this happen? Is this just? The Navy was trying things out and you got caught up in it, and it really messed up your life. You just want to know now that the Navy the government had your back. You can see my other posts and read the court case online, and see I attempted a transfer to the Army to get out of that.

What was going on here?

------------------------

BVA TRANSCRIPT


Marjorie Auer, Judge


“Well, Mr. Hassay has a unique file. I have to


say, he was a Reservist, but he did do time while he was a Reservist on a ship, but after


thoroughly -- I couldn't find a DD214 but he has a certificate of some sort it looks like of service”

---------------------------

Certainly, the members of this Honorable Court must have noticed the


difficulty that plaintiffs’ counsel and the courts have in locating all the


unpublished and unindexed military policy documents relevant to a military


pay case. Many are sprinkled willy-nilly over Department of Defense (DoD)


web pages on the Internet, some are behind locked DoD Internet firewalls,


and some are not publicly available absent a Freedom of Information Act


request. Often one must know a document exists in order to find it in a Google


search. Recognizing the unfairness of this situation, the Court of Federal


Claims changed its rules in 2024 to require the Government to proffer its


unpublished policy documents in military pay cases. Court of Federal Claims


Rules, Appendix K, ¶5(d).


It is indeed concerning that the trial judge was not informed that the


tasks Mr. Hassay performed on shore were not BM rating tasks. However,


the Navy had possession of the Enlisted Occupational Standards, it should


have known they were the controlling legal authority for the case, and it


should have provided them to the trial court even if Mr. Hassay’s trial counsel


did not.




---------------------------- These Military Reports on the BM Rate, the NRF FFG you were assigned, and the SAM program are ignored by the board and court while
You were 18 assigned to these NRF FFGs with a SAM contract put in deck department as a BM. Don't you think that this fact should be used as a fundamental fact as to what you were being injured in, and why, and your need for support?



https://apps.dtic.mil/sti/tr/pdf/ADA133133.pdf





Health Risks in Naval Occupations: An Overview





Boatswain's Mate. This occupational group manifested very high rates of Mental Disorders and Accidents. Sympt oms


and Ill-Defined Conditions and Skin Diseases also were elevated.





The Boatswain's Mate specialty was second highest in health risks among Navy occupations.






https://apps.dtic.mil/sti/pdfs/AD1123246.pdf





Evolution of the Military's Current


Active-Reserve Force Mix






In addition, the problems of maintaining ships in


standby status with part-time personnel and the impracticality of rotating part-time personnel to


deployed units made employing reservists, other than full-time support (FTS) personnel, to operate


ships unworkable, and the Navy Reserve Fleet (NRF) disappeared.





To meet the demands for experienced petty officers as the fleet expanded toward its goal of


600 ships, the Navy relied, in part, on voluntary recalls designed to draw prior-service sailors into


the Reserves and then back onto active duty. To backfill the petty officers who went to the fleet,


the Navy initiated the Sea/Air Mariner (SAM) program to attract new recruits to the Naval Reserve


by offering tuition assistance. However, this program proved unsuccessful because its benefits and


6-year obligation compared unfavorably with Army and Air Force programs.66





https://apps.dtic.mil/sti/html/tr/ADA272492/index.html





A Cost Comparison Between Active and Naval Reserve Force FFG 7 Class Ships





https://apps.dtic.mil/sti/tr/pdf/ADA294225.pdf





A COST BENEFIT ANALYSIS OF THE NAVAL


RESERVE FORCE FRIGATES






This thesis analyses the Naval Reserve Force Oliver Hazard Perry class (FFG-7) guided missile


frigates. It assesses the cost-effectiveness of operating these ships in the Naval Reserve fleet vice the


Active fleet.
 
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