American Christian Liberty Society - August 1, 2005 Update

Federal Court Vindicates Chief Petty Officer Discharged After His Request for Religious Accommodation.

H. Lance Freeman
August 1, 2005

<> The United States Court of Federal Claims ruled the Navy unlawfully discharged David Alan Carmichael without processing his request for a religious accommodation to have a Navy generated service number assigned as his Military Personnel Identification Number (MPIN) in lieu of using a Social Security Number. After eight years of litigation, the Court determined that the Navy violated law and their own regulations when they discharged David Alan Carmichael. The Court said, based upon the law, regulations and the Navy's actions, the Plaintiff had a firm right to continue Naval service until at least July 31, 2000 and also had a firm right to retirement benefits. Carmichael was discharged on March 17, 1997 when he would not recant his religious convictions in the face of being threatened with discharge as he began his last shore duty before retirement eligibility, and only the second shore duty of his then 17 year career.

   "This case is important not only for those people who cannot identify with a universal number because of their adherence to Biblical prohibitions, it is important for anyone that ever finds himself in a position where he would have to seek a religious accommodation. It is important that we hold the government accountable to their own laws. In my case, and in other cases that I know about, the Navy has a knee-jerk tendency to retaliate against those who make a, good faith, religious accommodation request rather than deal with it in like good faith", said Carmichael.

<>     When asked what was the most difficult thing for him during this struggle, Carmichael states, "I am scorned because people see me as an enemy of the government because I have taken it to Court and they see me as some kind of 'gold-digger'. The amount of money returned to me will not come close to recompensing me, and my family, for the hardship we have endured. I did not file suit motivated by money. I filed suit motivated by duty. I gave an oath to 'support and defend the Constitution of the United States against all enemies foreign and domestic.' I have not been released from that oath. It is a moral issue. We have enemies without and within. If our military officers do not fulfill their oath to submit to law and regulation, then the safety, security and liberty of our nation is in deep trouble."<>

     When Carmichael submitted his request sent to his Commanding Officer via the Chief Staff Officer of his command, he was threatened with punitive action, the processing of a Navy Commendation Medal was ordered to be stopped, his Commanding Officer never received the request, and his obligated service paperwork was deliberately made faulty when he was transferred to another duty station.<>

     Carmichael points out that the DD-214 (Discharge Certificate) had codes that confirmed his claim that the discharge was lawfully amiss. One code stated that he was being discharged at the "End of Obligated Service", wherein another code (RE-4) indicated he was ineligible for re-enlistment because he did not fulfill his "Obligated Service." Another code indicated his discharge was "voluntary" while an associated code indicated it was under the general authority relating to such a voluntary discharge. Carmichael claimed, and the Court agreed, that the discharge was actually involuntary. The Navy could not show that the discharge was executed under the lawful authority. The Navy could also not show that the same outcome would have occured had they followed proper procedures. The Navy has a procedure to follow when evaluating religious accommodation requests, SECNAVINST 1730.8. Carmichael proved that nobody in the chain of command even attempted to apply the instruction to his request.   One of the factors to consider is whether their is an accommodation available. The accommodation provision was not cited in Carmichael's request but he says, "When I asked for the religious accommodation, I did not actually know about the Navy's 'Pseudo SSN (8XX-XX-XXXX)' provision. I knew that they once used their own service number. Though I did not know how they might implement my request if they approved it, I thought the request was reasonable. I have since found out that the Coast Guard has recently implemented an Employee I.D. number program".

<>     When asked "What happens now?", Carmichael says, "That remains to be seen. I believe we need to see what the Navy wants to do. Either they are going to have to pay for my losses or they are going to have to reinstate me and process my request according to the law and regulations. When asked if he is afraid of retribution if the Navy gets their hands on him, Carmichael admitted, "Anything can happen. Maybe they will approve my request. Maybe they will change their policy and use a Pseudo SSN for every member. Maybe they will discharge me and I will lose all benefits. When I joined the military I was ready for hardship even at the cost of my very life. My oath was not cheap. I am accountable to God for it. I have to trust Him and let the chips fall where they may."