Case Status
- Back pay, and Retirement due
October 1, 2005 - Not yet paid.
- Motion for Attorney's Fees Submitted - Defendent Reply due January 5, 2006.
Court
of Federal Claims
June
23, 2005 Ruling
U.S.
Court of Appeals
August
12, 2002 Ruling
Motion for Judgment Reply Brief
U.S. Court of Appeals Oral Argument, 4 Oct 2001
Court of Claims Oral argument 12 Oct, 2000
2000Rescission Letter to Commissioner of Social Security
P.O. Box 4096
Hampton, Virginia
23664-0096
Court of Appeals &
Court of Federal Claims Rule in Plaintiff's Favor
In SSN Religious Accommodation Case
In SSN Religious Accommodation Case
Navy Chief Petty Officer was unlawfully discharged after he made a
religious accommodation request to have the Navy issue a "Navy
generated service number" to be used as the Military Personnel
Identification Number in lieu of a Social Security Number.
After pursuing administrative redress through various Navy channels, Carmichael filed suit 'Pro Se' in the Court of Federal Claims in November 1998. Judge Futey showed a propensity to ignore each of the Plaintiff's motions, acting on the Defendent's motions without allowing the Plaintiff any input. Carmichael's case was in deep trouble when Herb Titus agreed to take on the case. Never-the-less, the Court of Claims dismissed the case citing the Discharge Certificates statement that the discharge was voluntary.
The case was appealed. The Appeals Court vacated the Court of Claims ruling and ordered the lower court to allow a trial over Carmichael's claim that his discharge was actually involuntary and unlawful, and that it stemmed from the Navy's failure to follow its own rules regarding religious accommodation and due process.
After a grueling eight years, with the odds stacked against us, we prevailed clearly because of Divine intervention. The heart of the judge was turned by the hand of the Lord. He ruled that the record showed the discharge was actually involuntary. Then he ruled that Carmichael had a "firm right" to continued service beyond the date of his discharge. Finally, he ruled that Carmichael had a right to serve until his 20-year retirement at a minimum and he ordered the Navy to pay back-active-duty pay, back-retirement pay, and future retirement pay.
After pursuing administrative redress through various Navy channels, Carmichael filed suit 'Pro Se' in the Court of Federal Claims in November 1998. Judge Futey showed a propensity to ignore each of the Plaintiff's motions, acting on the Defendent's motions without allowing the Plaintiff any input. Carmichael's case was in deep trouble when Herb Titus agreed to take on the case. Never-the-less, the Court of Claims dismissed the case citing the Discharge Certificates statement that the discharge was voluntary.
The case was appealed. The Appeals Court vacated the Court of Claims ruling and ordered the lower court to allow a trial over Carmichael's claim that his discharge was actually involuntary and unlawful, and that it stemmed from the Navy's failure to follow its own rules regarding religious accommodation and due process.
After a grueling eight years, with the odds stacked against us, we prevailed clearly because of Divine intervention. The heart of the judge was turned by the hand of the Lord. He ruled that the record showed the discharge was actually involuntary. Then he ruled that Carmichael had a "firm right" to continued service beyond the date of his discharge. Finally, he ruled that Carmichael had a right to serve until his 20-year retirement at a minimum and he ordered the Navy to pay back-active-duty pay, back-retirement pay, and future retirement pay.
