Legal Question in Military Law in New York

Do I have a claim against the Navy?
I served 11.5 years in the Navy and was involuntarily separated in Feb 2007 due to being overweight (I received separation pay of 24K after taxes). I was placed on a mandatory exercise program by the command and attended about 75% of the sessions over a 4-month period (which I can prove). The command had me down for attending only 2 sessions (or 0.3% of the sessions)!! I am a physician and in my view, had good reasons for missing some sessions--i.e. saving lives. Also, the command had suppressed letters that patients wrote to the command about my excellent care in order to shape a negative view of me. In light of the Mike Nifong/Duke case, where exculpatory evidence was suppressed, is there a potential case against the government for wrongful termination? Thank you for your cooperation.

Asked on 6/21/07, 1:05 pm

John K. Harris Attorney at Law

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Re: Do I have a claim against the Navy?

You may have case to present before the Board for Correction of Naval Records.

Answered on 6/21/07, 10:16 pm

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