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Little Guy Taking On Giants – Refusing to Use The Social Security Number

By H. Lance Freeman

In 1996, David Alan Carmichael, then a Chief Petty Officer in the U.S. Navy, came to the conclusion that the Social Security Number (SSN) is the "number" of the beast referred to in the book of Revelation. He notified the SSA of his religious convictions, he declared the SS application made (on his behalf) by someone else rescinded, and he made a vow to the SSA Commissioner that he would never associate himself with a SSN or accept any benefits of the SS program.  Carmichael submitted a formal religious accommodation request to his Commanding Officer.  Carmichael requested that the Navy assign a Navy-generated service number to their personnel records for him in lieu of using a SSN as a Military Personnel Identification Number.  The C.O. never received the request.  The Executive Officer prohibited Carmichael from speaking to the C.O.  Carmichael was due for a transfer to shore duty.  He was transferred, but the Administration Officer gave Carmichael the wrong paperwork to sign prior to his transfer.  The two-year obligated service Carmichael was trying to agree to in writing was therefore not made official in the Navy's paperwork pipeline.  To make a long story short, Carmichael was put into a position of either confessing that his identity was inextricably linked to a SSN or be ejected from the Navy "voluntarily".

After his eviction from the Navy after sixteen years, nine months, of service, Carmichael tried administrative redress.  Finally, he filed suit in the U.S. Court of Federal Claims, stating that his discharge was involuntary and unlawful.  His suit was quickly dismissed but the dismissal was vacated and remanded by the U.S. Court of Appeals, Federal Circuit, 298 F3d. 1367 (Aug 2002). 

Little David is still taking on the giant.  In a hearing at the Court of Federal Claims in the fall of 2003, the Court attempted to side-step the Court of Appeals mandate by introducing its own motion for dismissal.  The Court claimed Carmichael did not have a right to continued service beyond March 17, 1997, the date of his discharge.  Carmichael's advocate, Herb Titus, succesfully argued that Carmichael had a firm right to continue service until at least January of 1999, if not beyond.  The Court was therefore obligated to visit Carmichael's claim that his discharge was truly involuntary.  In November, 2003, the Court stated that the record indicates Carmichael has already fulfilled his burden of proof that he was coerced into "resigning".  The Court again recommended settlement, to no avail.

Now the United States has an opportunity, and is attempting, to prove that their failure to follow procedures had no bearing on the outcome, thereby making Carmichael's complaint moot.  The Navy is taking a unique approach.  They invited Carmichael to depose his C.O., and an admiral who worked at the office of the Chief of Naval Personnel, in order to ask them what they would have done had they actually followed orders.  Carmichael believes the depositions showed clearly that the Navy cannot prove that they would have the same results if the Navy had actually obeyed their own rules. 

Discovery is available when a trial of facts is necessary.  Carmichael asserts the more that truthful information is revealed, the stronger his case becomes.  Though the Navy is pushing the trial to fulfill their burden of proof, they filed a motion to quash discovery.  The Navy refuses to disclose any information.  The Court has now ruled against the Navy's motion and ordered them to produce documents, procedures and other information.

In the meantime, Carmichael plods along trying to keep other legal balls aloft.  It seems that "Life Without A Number"* invites oppression, and forces many battles, on many fronts.  He is trying to organize a coalition of others with like convictions to take the beast head on.  His small but growing group is organizing under the banner of the American Christian Liberty Society.  Carmichael's federal case, and a case regarding driving in Virginia, are at the forefront of their beginning efforts.  Other cases are beginning to develop in Texas and other states. 

While not waging war on giants, David provides free computer training in impoverished communities.  He does not take collections, but his students know that he will take time during each class to share his faith in Jesus Christ.  Carmichael recently published a spiritually invigorating book, "Faith - The Final Frontier".  It is amazing, and sometimes daunting, how big things grow from such small seeds.

* Borrowed from Neil McIver of "Life Without a Number" (www.cjmciver.org)

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