Navy Hornet pilots suing for legal costs

[HeyJoe]

So you're near the end of your commitment and ready to transition, but the Navy says "not so fast!" What to do? These two gents challenged the Navy and got their release, but now are asking for government to cover their legal costs.

 

[MasterBates]

I may not agree with what they did, but $200 an hour for lawyers is CHEAP.

Especially ones arguing in Federal Court.

 

[Brett327]

So you're near the end of your commitment and ready to transition, but the Navy says "not so fast!" What to do? These two gents challenged the Navy and got their release, but now are asking for government to cover their legal costs.

I wonder how the whole 7 year vice 8 year contract came about. Administrative error, or something else. I suppose a signed contract is just that and its verbiage should be honored regardless of what it was supposed to be. That said, was it really worth all the hassle to these two just to get out a year early? Seems kind of silly.

Brett

 

[usmcecho4]

Where does one get a copy of their contract? When I singed my PLC Air contract the commitment was 6 years for props/helos and 8 years for jets. They recently made props an 8 year contract and my EAS reflects the new 8 year length as opposed to the original 6 year contract.

Semper Fi,
usmcecho4

 

[mmx1]

Where does one get a copy of their contract? When I singed my PLC Air contract the commitment was 6 years for props/helos and 8 years for jets. They recently made props an 8 year contract and my EAS reflects the new 8 year length as opposed to the original 6 year contract.

Semper Fi,
usmcecho4

It should be in your OQR. Mine is, but then again, the ink's still wet on mine.

 

[phrogdriver]

The article didn't clear up the issue. Was the Navy claiming that it was extending their service due to wartime requirements, e.g. picking these guys up involuntarily from IRR status; or was it claiming that these guys were supposed to be on the standard 8-yr contract? The article tries to draw analogies to those challenging stop-loss or reserve call ups, but most of the test makes it seem as if this was really just a contract law dispute.

If this is truly just a matter of honoring the 7-yr contract that they entered into with the government, I support the pilots. If this is a "I'm not coming...the war sucks...wah!" thing, I'm with the Navy.

 

[HH-60H]

I got the impression that it is/was a contract dispute, but you're right phrogdiver, it is not clear. If it is a contract dispute, I am totally with the pilots on this.

 

[propwash]

If you signed a six year commitment upon winging, but your EAS reflects 8, you need to get that fixed. Not difficult; take a copy of your contract to you S-1/IPAC/whatever USMC (not USN if you are still at some joint command nightmare) admin section. And then follow up.

When they converted my enlisted SRB to an OQR, it was riddled with so many transcription errors (most benign but annoying) that it took the first three years of my commissioned time to get "most" of it fixed. Always because it got lost in some LCpl's inbox at the MAG or where ever... right.

Keep a copy of everything... a copy of your PLC contract should not just be in your OQR, it should be in some nice folder in a drawer/firebox/between your mattress, etc. in your possesion, along with a copy of everything else you have ever signed to include your medical record.

Wait until someone loses your entire medical/dental record and you will see the value in this.

And for Marines, order your OMPF once a year to make sure whatever fitreps/awards/whatever and other stuff have actually been included...

Last time I looked at mine some genius at HQMC had uploaded some Sgt's stuff into my file...

Not to sidetrack the thread...

 

[White_Male]

I wonder how the whole 7 year vice 8 year contract came about. Administrative error, or something else. I suppose a signed contract is just that and its verbiage should be honored regardless of what it was supposed to be. That said, was it really worth all the hassle to these two just to get out a year early? Seems kind of silly.

Brett

There is some exception for typos in contract law. I can't remember what it is right now though.

 

[usmcecho4]

Update:

The copy of the form for PLC Air types is NAVMC 10461. There is wide variation in the specified contract length depending on the revision number in the contract (mainly whether it's 96 months for all fixed wings pilots or just fixed wing jet pilots). I tracked mine down and am off to bother admin to try and get my EAS corrected.

Semper Fi,
usmcecho4

 

[FLYTPAY]

Richard Gengler flew jet fighters for his country. He did it so well that the Navy refused to let him go. (Is this really the reason....Maverick!)

''If you allow officers to go back and sue for breach of contract, and be discharged from their obligations after they served the minimum service requirement, this country is going to have a real problem defending itself,'' Fresno-based Assistant U.S. Attorney Kimberly Gaab argued in court. (I am sure she is an expert on defense....probably a liberal in Cali)

 

[Flash]

Richard Gengler flew jet fighters for his country. He did it so well that the Navy refused to let him go. (Is this really the reason....Maverick!)

''If you allow officers to go back and sue for breach of contract, and be discharged from their obligations after they served the minimum service requirement, this country is going to have a real problem defending itself,'' Fresno-based Assistant U.S. Attorney Kimberly Gaab argued in court. (I am sure she is an expert on defense....probably a liberal in Cali)

I thought Assistant US DA's were hires of the US Justice Dept, something about that came up recently.......I wonder where I heard that........