The Navy Board says I would have benefitted by re-enlisting. Can I benefit still? Could I have actually re-enlisted?

seaairmariner

Well-Known Member
PEB Forum Veteran
Registered Member
In August 2002, three months after your discharge from the USNR, you were hospitalized for Depressive Disorder.

In May 2002, you received an honorable discharge in the rank of E-4, with a reentry code RE-1. By all accounts, you were a high performing Sailor and entirely fit for duty, and the Navy would have welcomed your continued service if you had chosen to reenlist. Based on your performance evaluations, recommendations for retention, honorable discharge, and recommendation for reentry, the Board concluded that your documented mental health conditions and the spine/musculoskeletal concerns identified by the Army in 1998 do not appear to have significantly impacted your ability to carry out the duties of your office nor do they appear to have rendered your fitness for continued service questionable. Accordingly, the Board concluded that there was no basis upon which to refer you to the DES prior to your discharge.

Mr. Hassay’s enlistment expired in May 2002, and he was honorably
discharged. Appx00042, Appx10430. At the time of Mr. Hassay’s discharge, his DD
Form 214 (Certificate of Discharge) noted that Mr. Hassay was eligible for
reenlistment had he so elected. Appx10387–88, Appx00044 (reenlistment code RE-1
indicates that a Sailor is eligible for reenlistment). There is no indication in any of Mr.
Hassay’s military service records at that time that Mr. Hassay requested a medical
examination upon his discharge. Appx00044.
The only evidence presented to this Board that your medical condition represented a decided medical risk to your health was the opinion provided by your current mental health provider, Dr. Foote, years after the fact. As previously discussed, the Board discounted the credibility of Dr. Foote’s opinion in this regard because it was clearly biased and not supported by the objective evidence. Based upon the totality of the circumstances, the Board could not identify any time during your service in the USNR when your continued service presented a decided risk to your health. If anything, your continued service would have been beneficial to your health, as you would have been eligible to receive medical care for the mental health condition for which you were briefly hospitalized several months after your discharge from the USNR if you had chosen to reenlist. At the very least, there was never any reason for any Navy officials or medical providers to believe that your continued service in the USNR presented a risk to your health, or to refer you to the DES. Having made this determination, however, the Board also believes that it is irrelevant with regard to the ultimate question in this case, because even if it is true, in hindsight, that your continued service presented a risk to your health, you never would have been found unfit for duty under the circumstances.
 
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How confused are the people reviewing my file in the federal court system and the BCNR?. In court they say I have a dd214. That is not true.
The DAV, found, I never got a DD 214 after 5 years assigned to the ship. This alone should shock someone in the Navy as some kind of problem. Part time as a 18 year old on an active duty ship, is not normal. This has never been considered "training".

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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.

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



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They never activated upgraded my enlistment from the reserve center. I did not get a normal GI Bill like the active duty assigned the same ship. I do not know if I am asking the Navy the right question in the Board. Can they upgrade my enlistment after the fact and give me an active duty GI Bill so I can actually go to school under a GI Bill, just like the other guys on the same ship?





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