I am in Court for years now due a BCNR denials that won't acknowledge details what the DAV easily recognized as a "unique file" not in a good way.
BVA TRANSCRIPT
Marjorie Auer, Judge
REPRESENTED BY DAV MR. EVANS:
“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”
--------------------------------------------------- There are many DTIC.mil reports on the SAM enlistment and NRF FFG's. The BCNR, the Court will not acknowledge what the DAV and these reports easily identify.
Evolution of the Military's Current
Active-Reserve Force Mix
“ 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”
“starting in 1985, the Navy added new FFG-7 Oliver Hazard Perry class guided
missile frigates to the NRF.” “After 1993, the difficulties of maintaining the NRF ships with part-time crews and the
declining number of ships in the Navy led to significant reductions in the NRF.” only one FFG of the Perry Class remains in the NRF. Manned by AC and FTS personnel, the FFGs have been part of the Navy’s Battle Force (assigned to the Fleet Forces Command) and have
conducted operations in the same manner as other active Navy ships. The last of these FFGs, the
USS Kauffman, will be decommissioned in September 2015.151”
https://apps.dtic.mil/sti/tr/pdf/ADA159551.pdf
1985
Dwight F. Scott
Full text of "Development of a new screening table for Sea/Air Mariners."
NAVAL POSTGRADUATE SCHOOL
Monterey, California
4. Reserves should seek a higher quality recruit than the
active forces because reserve personnel train only
part— time and must retain skills over longer
periods with less practice and supervision. CRef. 303
------------------- Some BCNR and Federal Court statements which ignore the details of the reports I show here
Certainly, your experience onboard the U.S.S. SIDES was an injustice and your resulting
mental health conditions are a tragedy….There simply is no injustice in the fact that you did not receive a medical
retirement as a result of your conditions, because your conditions never warranted referral to the
DES much less rendered you unfit for continued service. The Board also found no equitable
basis for relief in your case. In determining what constitutes equity, the Board is obligated to
consider not only what you should receive, but also what other similarly situated service
members are entitled to receive. The Board determined that no other similarly situated service
member would have been referred to the DES at the time even with the facts as they are now
known, nor would anyone be retroactively medically retired based upon similar facts.
Accordingly, the Board determined that there is no basis for relief based on equity. The Board
continues to regret the experience that you endured during your service onboard the U.S.S.
SIDES and the long-term effect that it has had upon your mental health. Finally, the Board members
recognized that you continued to serve the Navy honorably despite the trauma that you endured
onboard the U.S.S. SIDES. That, however, is the point. Medical retirements are intended only
for those service member unable to continue providing such honorable and effective service due
to a disqualifying medical condition. The Board regrettably found no basis to grant you the
medical retirement that you were never qualified to receive.
Further, there is no indication as to what “Military Unit: NO LONGER ELIGIBLE” means. Mr. Hassay speculates that it referred to his disqualification from the Army but provides no support for that allegation. Pl. MJAR at 26. Nevertheless, Mr. Hassay alleges that Drs. Killian and Smith violated the Disability Manual by not asking question about a notation on a report that did not exist at the time they examined Mr. Hassay. Pl. Reply at 24. But Mr. Hassay’s fails to grapple with the temporal impossibility of his position.
8 In your complaint to the COFC, you asserted that the Navy “nexplicably” did not provide you with “a required
separation physical examination.” However, there was no such examination required, because you were not being
separated from active duty.
32 Only the first of these criteria are discussed in detail here, in compliance with the Order of the COFC. It is clear
from the evidence, with the benefit of hindsight, that your medical condition imposed no requirements on the
military to maintain or protect you,
On 21 September 1997, while assigned to the U.S.S. SIDES, you executed an Annual Certificate
of Physical Condition...You wrote on this form that, “sometimes, if I worry, or something I feel stress in my
heart and down to my left hand and I don’t like it,” but did not provide any further explanation.
In August 1998, you unsuccessfully attempted to enlist in the Army. The San Diego Military
Entrance Processing Station (MEPS) conducted a physical evaluation in conjunction with this
application, which found you to be medically disqualified for accession into the Army due to
“Spine, Other Musculoskeletal/Psych.”4
BVA TRANSCRIPT
Marjorie Auer, Judge
REPRESENTED BY DAV MR. EVANS:
“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”
--------------------------------------------------- There are many DTIC.mil reports on the SAM enlistment and NRF FFG's. The BCNR, the Court will not acknowledge what the DAV and these reports easily identify.
Evolution of the Military's Current
Active-Reserve Force Mix
“ 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”
“starting in 1985, the Navy added new FFG-7 Oliver Hazard Perry class guided
missile frigates to the NRF.” “After 1993, the difficulties of maintaining the NRF ships with part-time crews and the
declining number of ships in the Navy led to significant reductions in the NRF.” only one FFG of the Perry Class remains in the NRF. Manned by AC and FTS personnel, the FFGs have been part of the Navy’s Battle Force (assigned to the Fleet Forces Command) and have
conducted operations in the same manner as other active Navy ships. The last of these FFGs, the
USS Kauffman, will be decommissioned in September 2015.151”
https://apps.dtic.mil/sti/tr/pdf/ADA159551.pdf
1985
Dwight F. Scott
Full text of "Development of a new screening table for Sea/Air Mariners."
NAVAL POSTGRADUATE SCHOOL
Monterey, California
4. Reserves should seek a higher quality recruit than the
active forces because reserve personnel train only
part— time and must retain skills over longer
periods with less practice and supervision. CRef. 303
------------------- Some BCNR and Federal Court statements which ignore the details of the reports I show here
Certainly, your experience onboard the U.S.S. SIDES was an injustice and your resulting
mental health conditions are a tragedy….There simply is no injustice in the fact that you did not receive a medical
retirement as a result of your conditions, because your conditions never warranted referral to the
DES much less rendered you unfit for continued service. The Board also found no equitable
basis for relief in your case. In determining what constitutes equity, the Board is obligated to
consider not only what you should receive, but also what other similarly situated service
members are entitled to receive. The Board determined that no other similarly situated service
member would have been referred to the DES at the time even with the facts as they are now
known, nor would anyone be retroactively medically retired based upon similar facts.
Accordingly, the Board determined that there is no basis for relief based on equity. The Board
continues to regret the experience that you endured during your service onboard the U.S.S.
SIDES and the long-term effect that it has had upon your mental health. Finally, the Board members
recognized that you continued to serve the Navy honorably despite the trauma that you endured
onboard the U.S.S. SIDES. That, however, is the point. Medical retirements are intended only
for those service member unable to continue providing such honorable and effective service due
to a disqualifying medical condition. The Board regrettably found no basis to grant you the
medical retirement that you were never qualified to receive.
Further, there is no indication as to what “Military Unit: NO LONGER ELIGIBLE” means. Mr. Hassay speculates that it referred to his disqualification from the Army but provides no support for that allegation. Pl. MJAR at 26. Nevertheless, Mr. Hassay alleges that Drs. Killian and Smith violated the Disability Manual by not asking question about a notation on a report that did not exist at the time they examined Mr. Hassay. Pl. Reply at 24. But Mr. Hassay’s fails to grapple with the temporal impossibility of his position.
8 In your complaint to the COFC, you asserted that the Navy “nexplicably” did not provide you with “a required
separation physical examination.” However, there was no such examination required, because you were not being
separated from active duty.
32 Only the first of these criteria are discussed in detail here, in compliance with the Order of the COFC. It is clear
from the evidence, with the benefit of hindsight, that your medical condition imposed no requirements on the
military to maintain or protect you,
On 21 September 1997, while assigned to the U.S.S. SIDES, you executed an Annual Certificate
of Physical Condition...You wrote on this form that, “sometimes, if I worry, or something I feel stress in my
heart and down to my left hand and I don’t like it,” but did not provide any further explanation.
In August 1998, you unsuccessfully attempted to enlist in the Army. The San Diego Military
Entrance Processing Station (MEPS) conducted a physical evaluation in conjunction with this
application, which found you to be medically disqualified for accession into the Army due to
“Spine, Other Musculoskeletal/Psych.”4