Judicial Independence-unless you are a kid-a young man-with a military story-and you go to court-and attempt to ask for support-a 3rd party administrator- for help support for a injury caused by your honorably military service
But the issue before the Court is not whether the PTSD and other psychiatric disorders that Mr. Hassay developed....he suffered are service-connected or whether they have had a negative effect on his civilian life. Rather, the issue is whether those disorders rendered him unfit to perform the duties of his military position during his eight-year period of service. The Court must defer to the Board’s reasonable conclusion that Mr. Hassay was fit to perform his duties during his service up to the point of discharge.
The Court is satisfied that in this decision the Board did precisely that. Further, its decision reflects that it conducted a thorough review of the entire record. It also explained its reasoning in detail. The Board’s findings that—notwithstanding his service-connected PTSD and related disorders—Mr. Hassay was mentally fit “to perform the duties of his office, grade, rank or rating” are supported by substantial evidence. 10 U.S.C. § 1204. The Court therefore must defer to the Board’s determination that he has not established entitlement to a correction of his records to reflect a disability
The Court disagrees. The Board followed the Court’s remand instructions, considered and applied the DoD guidance as well as the other relevant agency issuances, and provided a detailed explanation of its reasoning. Its decision was based on consideration of the record as a whole and supported by substantial evidence. Under these circumstances, the Court cannot second-guess the agency’s judgment, even if the Court might have reached a different conclusion on its own. It will therefore GRANT the government’s motion for judgment on the administrative record.
---------------------
----
I never had a mom RIP I never had a fiancé. They would never be affected by my tortuous Navy experience that I attempted to transfer to the Army to get out of
---------
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…..
In 1998, the San Diego Military Entrance Processing Station (MEPS) conducted a physical evaluation in conjunction with your request to transfer to the Army. You were permanently medically disqualified (3P) during the physical due to “Spine, Other Musculoskeletal/Psych,” and did not transfer into the Army.1 On 13 August 1999, you were seen by Dr. Killian, a Navy physician, who documented mental health concerns in your record, to include a history of depression, disturbed sleep, decreased interests, increased guilt over a recent relationship, decreased concentration, decreased appetite, and stress of breaking up with a girlfriend. The August 1999 notes in your medical records reflect a referral and follow-up for a mental health consultation. In-service medical records from 15 June 2000 indicate that you reported multiple stressors, and that you had stopped taking prescribed medication due to side effects. The medical notes also reflect that you reported feeling stress and physical symptoms resulting from worry.
Moreover, as described in Hassay I, it is unclear whether the Army’s decision to disqualify Mr. Hassay was based on his perceived mental fitness as opposed to physical ailments. See Hassay I, 150 Fed. Cl. at 482 (observing that the “failure code” assigned to Mr. Hassay read “SPINE, OTHER MUSCULOSKELETAL/Psych left open”); AR Vol. VI at 223, ECF No. 12-6. And in any event, Mr. Hassay was unable to show that the Navy even had notice of the Army’s determination. AR 2282 & n.4.
Mr. Hassay’s contention that the Board erred in failing to find that his separation from the service should have triggered an MEB referral is similarly without merit. See Pl.’s Mot. at 26–27. SECNAVINST 1850.4E states that a member being processed for separation for reasons other than a physical disability is not to be referred for a disability evaluation except in limited circumstances not applicable here. SECNAVINST 1850.4E encl. 3, § 3202.4
---------------------------
The United States-The people-We the People- You put it all on the line for at 18-is the defendent-Will ignore its own military reports of a failed shut down NRF FFG ship manning program and the SAM enlistment program. Your resume, a resume so rare, they can not find another like it. When they recruited you they did not tell you, you had to be smarter then everyone else, active duty, because you would have less training and benefits, and have to retain and perform assigned to a ship.
But when you try to transfer, to the Army, to get out of a program you find out 20 years later based on military internet databased. DITC.MIL reports about a experimental shut down Navy program that was severely oddly undermanning active duty combat ships and using you as a young 18 year old reservist
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/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
------------------------------------------
The United States the defendant, all of a sudden lets the Army and the Navy and the Court and VA, kick the soccer ball around for years as your mind goes to waste.
You just want to know you were discharged medically, with tricare for something as simple as psychiatric therapy and care, so you were not discharged confused uniformed alone abandoned
NO loyalty
Last edited: