Grounded Navy Pilot’s Lawsuit Tossed Out; ‘Not Civilian Court’s Role’

A federal judge Thursday dismissed a lawsuit filed by a grounded Navy pilot, saying the civilian court system should avoid ruling on the quality of fighter pilot training because to do so would “place the court in a role overseeing military administrative decisions.”

However, the judge agreed with one part of Lt. Cmdr. Douglas B. Duke’s lawsuit that alleged that any more internal Navy administrative appeals would be “futile.”

“Naturally, I’m disappointed in that decision,” Duke said when he was informed of the judge’s written opinion in the case. “I’m going to have to talk with my attorney and fully review the judge’s opinion and make plans from there. We’ll have to see where we stand.”

Graduated at Top of Class

A 15-year Navy veteran who graduated at the top of his Naval Academy class, Duke had wanted an immediate honorable discharge because he believes the Navy failed to adequately train him for success in the rigorous F-14 fighter program.

He said he found it ironic that the judge agreed that appeals in the Navy would be useless and yet still dismissed the suit.

“We feel like we had a good case,” he said. “If it could have been heard in federal court, my attorney and myself both feel it would have been won because it is such a good, strong case.”

However, U.S. Judge Earl B. Gilliam ruled that it would be improper for the courts to make decisions in internal Navy matters.

“The controversy centers around whether petitioner (Duke) received adequate training to become a pilot,” the judge said. “If the court determines this issue, it will essentially be laying out guidelines for what constitutes adequate and inadequate training. This would involve a severe intrusion into the military sphere by the court.

“If this court chose to review the case, it would have to determine what constitutes adequate training, a decision that would place the court in a role overseeing military administrative decisions. This is a role that the court should avoid.”

Duke sued Sept. 30, saying he should not be required to complete his current tour of duty because the Navy failed to provide him an adequate opportunity to earn his wings in the F-14.

While the Navy said Duke failed numerous attempts at landing the jet aboard an aircraft carrier at sea, Duke maintained that he had to perform administrative duties that prevented his full concentration on his flying skills.

He said Thursday that he is aware of other pilots who were grounded for similar reasons from the intensely competitive program at Miramar Naval Air Station. And his attorney, Ronald C. Stout, said he had been prepared to call a number of grounded F-14 pilots to testify about shortcomings in the program.

“There are lot of guys in my same situation,” Duke said. “In some stage of the training, they too washed out. It’s unfortunate. But they are afraid to step forward, afraid it would have an adverse affect on their careers.”

Duke had unsuccessfully pursued appeals of his poor ratings to several Navy panels. Stout said that the only military appeal left for his client was before the Board for the Correction of Naval Records. But he added that the board simply makes recommendations to the secretary of the Navy and that the secretary had already denied Duke’s requests for readmission into the flight program.

Gilliam agreed in his ruling, saying Duke “has a strong argument that petitioning to the BNCR would be futile.”

“That’s a fairly accurate depiction,” Duke said. “The board is composed of civilian employees of the Navy under the direction of the secretary of the Navy and the board is only empowered to make a recommendation to the secretary of the Navy. I’ve appealed three times and gotten negative results three times.”

Duke is left holding orders to report for non-flight duty by Nov. 30 aboard the USS Ranger in the Persian Gulf region.

“I can’t make a statement on that one way or another,” he said. “I will have to make some decisions.”