Navy Reserve Corpsmen Claim Rights Being Violated

By Adrianna Iwasinski, NEWS 9

OKLAHOMA CITY -- Two active duty Navy Reserve corpsmen are fighting to keep their jobs. They say their employer, the Oklahoma City VA Hospital, is trying to fire them.

The two say their jobs are at risk for them serving their country, which, if true, would be a direct violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA). This is the law that ensures that persons who serve or have served in the military do not lose their civilian jobs because of their military service.

Todd Bracelin and Jeremy Bishop are part of the medical supply team at the VA Hospital when they aren't serving the Marines.

"I joined the military to serve my country. And I love my country and I love my job," Bishop said.

"I want my job back. That's my federal career," Bracelin said. "Without it I have nothing."

The law is also supposed to protect servicemen from being discriminated against for employment due to past, present or future military service.

The two Navy Reserve Corpsmen said they are also getting harassed and intimidated by VA staffers for being the whistleblowers.

Both men recently attended a required two week military training in San Diego. But when they notified the VA, they say they received nothing but grief and a dock in pay for being AWOL.

"They act like it's a big deal and that they're going to be shorthanded and that that's my fault," Bishop said. "They called my command and told me to come back to work."

VA Communications Officer Travis Villani said the hospital has 75 active duty military men and women working for the hospital and that they work very closely with USERRA and Vets Coordinators and say they have not been contacted by them for any violations or complaints. A written statement is forthcoming, but unless the two Navy corpsmen sign over a release to discuss their personnel files, the VA cannot comment any further.

Both men said they filed USERRA complaints.

Recently, there was a call to action at the American Legion annual convention to help these reservists fight their proposed terminations.

"When I heard the stories it was just totally unacceptable," said American Legion Post 73 Commander Frank James.

"All the veteran has to do under USERRA is give a verbal notice to their employer. If they have papers, they are encouraged, not required to supply it," said Chris Sanford with American Legion Post 73.

Both Navy Reserve Corpsmen say they want their cases investigated and all their asking for is fair treatment. They are prepared to file a lawsuit to fight termination proceedings. The American Legion has hired an attorney to represent them.