Marana v. Merit Systems Protection Board

 
DOCKET NO.
OP. BELOW
SUBJECT
Pro Se

Question(s) Presented

  1. “What court, tribunal, and or investigative agency ensures that information with redacted infor­mation when presented as evidence is valid, legal, and not used for misinformation?”
  2. “Is ‘such that a reasonable person could con­clude’ as used in whistleblowing retaliation cases and jurisprudence, valid, applicable, given signifi­cant consideration, and fair, when applied to sub­cultures – as in military healthcare is a subculture within the military, and military is a subculture of U.S. population). Subcultures often have unique highly specialized attributes, purpose and dynamics – including communications and where the general population “reasonable person” may be de­void of basic information and or familiarity of the subculture that a ‘reasonable person’ of a subcul­ture customarily possesses.”
  3. “In retaliation cases where a common individual is involved, and or, several individuals with common interests and motivation are involved, in multiple situations suggestive of retaliation; why is ‘merger of factors’ that constitutes a nexus not given consideration?”
  4. “End justifies the means, and vice versa. Are mili­tary federal agencies immune to legal liabilities for reporting and or submitting untruthful or mis­leading information when action is backed by com­mander’s discretionary authority?”
  5. “Can military commanders with discretionary au­thority change definitions and or interpretation of congressional legislative rules or mandates such as the HIPAA privacy rule exemptions?”
  6. “What has precedence HIPAA privacy rule or Pa­triot Act?”
  7. “With concurrent and or competing active military missions, who has priority in the application of Army Regulation (AR) 40-66 (‘ . . . carrying out any other activity necessary to the proper execu­tion of the Army’s mission’). Military health ser­vices commander (dual health care missioned) or warfighter commander?”
  8. “Can military healthcare commanders with their discretionary authority apply HIPAA privacy rule to withhold and or be passive with sharing signif­icant or relevant soldier protected health infor­mation that could be critical for warfighter commanders optimum command and control and to execute national defense and or homeland secu­rity missions?”

Posts About this Case

Date
Proceedings and Orders
July 13, 2022
DISTRIBUTED for Conference of 9/28/2022.