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Unlawful Involunary Discharge
Religious Accommodation Request for
Navy Generated Service Number in Lieu of SSN
Many months ago, Judge Futey ordered the United States Navy to disclose documents relating to the processing of religious accommodation requests. The United States Attorney waited to the last day of the deadline and then told us and the court that she refused to provide any documents. Along with her refusal, she made a motion to quash discovery.
What is strange is that the whole discovery process was initiated by the United States Attorney who is exercising her opportunity to prove that the Navy's failure to abide by their own regulations had no impact on the untimely eviction of the Plaintiff from the Navy. They want a trial to prove their theory, so they are the ones requesting the process that comes naturally prior to a trial.
The Court reiterated the order to produce documents saying, "[T]he court grants plaintiff's motion to compel with respect to Request No 11. The documents which plaintiff is seeking relate to the remaining issue. The Federal Circuit instructed the Navy to demonstrate whether it would have reached the same result {had they followed proper procedures}. Captain Benkert's and Rear Admiral L.R. Marsh's testimony are only part of the analysis; their testimony could be contradicted by the Navy's handling of similar requests. In other words, the Navy's processing of requests for religious accommodation... could shed light on how the Navy addressed comparable situations."
We asked the Navy to produce all requests for religious accommodation relating to Paragraph 9. of SECNAVINST 1730.8 "Religious Accommodation" from the time the instruction was promulgated in 1988 until March 18, 1997 (The Plaintiff's discharge date). What did the Navy reluctantly produce? They provided one instance of a religious accommodation request that had to do with Paragraph 8., the paragraph we did not ask about.
At first glance, either religious accommodation requests are something that does not happen much, or the Navy does not document them, or people doing the work to obtain the information lack competency, or the Navy and the U.S. Attorney are deliberated suppressing evidence. Who would know? They are the ones who have the best resources to find the information.
Fortunately, someone sent me a newspaper article from the Seattle Post-Intelligencer (Sept. 21, 1997) about a case touching on SECNAVINST 1730.8, Paragraph 9. (Paragraph 10 in the revised instruction) that was being processed at the same time our plaintiff was going through his ordeal in the Navy. In fact, the case was so significant, it prompted a revision in SECNAVINST 1730.8 which is now 1730.8A. In the case we found, a first class Machinist Mate, Don Power, requested a waiver from the requirement to provide DNA. The request was based upon the teachings of his religion. Rather than process Don in accordance with SECNAVINST 1730.8, they punished him. After they busted him in rank, took away his re-enlistment bonus, and stripped him of medals and nuclear qualifications, and were processing him out of the Navy by the worst discharge available in his situation, the Navy finally noticed that they had a requirement to abide by SECNAVINST 1730.8. The newspaper reported that they restored his rank, paid him back-pay and restored his qualifications. It also pointed out that losses he incurred, including his house, might never be recovered.
We sent a letter to the Navy pointing out that we found out about this parallel case. Of course there is a big question as to why they did not disclose such a significant case. We asked them to provide all the documentation related to it. We believe the facts in the Don Power case will shine light on how a religious accommodation request ought to be handled.
Thanks and encouragement goes out to Don Power, who suffered woefully at the hand of the Navy who punished him because he had the audacity to even ask for an accommodation. His stand will no doubt help others who have like convictions regarding DNA. It might also help set the record straight in Carmichael v. United States.
Pray for Don that the Lord would restore that which the locusts have eaten.