-3-
worked on the Shughart from January 1 to February 15 and from
June 13 to November 3. During 1999, Mr. Hildebran worked on the
Shughart from March 9 to July 27. During the periods in 1998 and
1999 when Mr. Hildebran was working on the Shughart as a merchant
marine employee of Bay Ship Management, he was providing support
to the Navy Military Sealift Command.
The Shughart was operating in a designated combat zone
during the period July 27, 1997, to July 10, 1999.4
Consequently, when Mr. Hildebran served on the Shughart as a
merchant marine employee of Bay Ship Management during certain
periods in 1998 and 1999, he was in a designated combat zone for
190 days and 124 days during those respective years. During the
periods in 1998 and 1999 when Mr. Hildebran was working on the
Shughart as a merchant marine employee of Bay Ship Management and
was in a designated combat zone, he received imminent danger pay.
At all relevant times, a merchant marine, like Mr.
Hildebran, who worked on a Navy Military Sealift Command ship,
like the Shughart, was subject to Navy physical standards and
Navy standards of appearance, training, and mission completion.
As a merchant marine working on the Shughart during certain
periods in the years at issue, Mr. Hildebran was required to, and
did, have security clearances, wear uniforms, receive an anthrax
4It is unclear from the record whether the Shughart was
operating in a designated combat zone on July 10, 1999. We have
assumed that it was.
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