appeal ERB.pdf


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Case: 13-5117

Document: 13-1

Page: 4

Filed: 10/07/2013

TABLE OF CONTENTS
Page
-1-

I.

Statement of Related Cases

II.

Jurisdictional Statement

-1-

III.

Statement of Issues

-1-

IV.

Statement of the Case

-2-

V.

Statement of Facts

-3-

VI.

Summary of Argument

-3-

VII. Standard of Review

-5-

VIII. Argument

-6-

1.
a. Plaintiffs were a “Class” or group of Sailors selected and
Are entitled to the equal protection clause of the Constitution

-7-

b. Trial Judge should have recused

-8-

2.
a. The “Whole Record” should be allowed in the
Administrative Record

-12-

a. The Navy’s ERB Order was based on false information,
was illegal and violated Plaintiffs’ Constitutional Rights

-16-

b. The Congressional mandated quota of the Navy personnel
was a false basis for discharge of Plaintiffs

-17-

c. The alleged over manning of different ratings of classifications

-19-

d. The Claimed under performance basis to discharge plaintiffs

-21-

e. Right to a hearing and adequate notice

-22-

f. The apparent real reason or motive for the Navy to discharge
Plaintiffs during the middle of their tours

-25-

3.

iv