Military Law

Former boot camp instructor sues in effort to rejoin Navy without shaving his beard

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A former U.S. Navy boot camp instructor has filed a federal lawsuit seeking to be allowed to reenlist without shaving his beard, under a religious waiver.

Jonathan Berts, a former boatswain’s mate 2nd class, has remained in the Navy reserve, bearded, after he was told in 2011 that he could not reenlist, reports the Navy Times.

However, he hopes the Sacramento lawsuit will allow him to resume his Navy career, which lasted nearly a decade, as though he had served continuously, the article explains.

“I believe that I was wronged, and I would love to get my career back,” Berts said.

His service record is excellent and includes two Navy Achievement Medals and three Good Conduct Medals, the article reports. But even though he had the support of superior officers, he did not succeed in getting a religious waiver for the beard he wears due to his Islamic religious beliefs.

The Pentagon last year relaxed standards for religious waivers, which Berts hopes will help his cause.

Cmdr. Chris Servello, who serves as a spokesman for the naval personnel chief, declined to comment on Berts’ case specifically, but said the Navy will accommodate, as much as possible, a sailor’s efforts to practice his or her religion, consistent with unit cohesion and the Navy’s mission priorities.

“But this is never simple; it requires seasoned leaders at all levels to use their best professional judgment as they look at all of the factors in each particular case,” Servello told the Navy Times.

Berts is represented by attorney Alan J. Reinach of the Church State Council in California.

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