I served as an officer and pilot in the United States Navy from 30 DEC 91 until I was discharged 30 JUN 00 with a GENERAL (UNDER HONORABLE CONDITIONS) character of service for my refusal to be injected with the series of Anthrax shots. It was a difficult and confusing time for me, and I struggled for a long time as to what the proper course of action should have been.Fast forward to last week when I received a letter from the Department of the Navy with a correction to my DD-214. The correction was to line 25, the Separation Authority. The corrected block reads: "SECNAVINST 1920.6b". Upon reviewing my original DD - 214, the block reads: "CNPC 311054ZMA Y00 AND SECNAVINST 1920.6A"My questions to you are: 1) Did they utilize proper procedure and authority when they separated me from the military, and what course of action can I pursue for damages? 2) What is CNPC 311054ZMA Y00 and how may I view a copy of it? 3) Why did the Navy finally come back and change my discharge paperwork twelve years after the fact?Thank you for your time and consideration. I look forward to your reply.Michael A. Stiber
Thanks for the chance to help. I am an attorney with over 12 years military law experience.Let me address your questions in order1) Did they utilize proper procedure and authority when they separated me from the military, and what course of action can I pursue for damages?I can not not tell you if they used the proper procedure or not...that would depend on what happened at the time (did they give you notice, in writing)? Did they give you the chance to respond in writing? If they gave you notice in writing and the chance to rebut the allegations then you received due process. Damages? Sorry. Not possible. You can not seek damages...there is no way to sue the government for this, for 2 reasons. One, it is too late (there is a 2 year statute of limitations) and two, the US Supreme Court case of Feres v US prohibits a tort claim (suit) for actions that happen while on active dutySorry to have to bear bad news.2) What is CNPC 311054ZMA Y00 and how may I view a copy of it?CNPC is Chief of Naval Personnel Command. The number that follows is the Naval Message Traffic number. This is over 10 years old so there is likely no longer a record. But you can request, under the FOIA, a copy of it if it does exist. 3) Why did the Navy finally come back and change my discharge paperwork twelve years after the fact?You would have to ask the Navy that question sir.Let me know if you have more questions
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).