Jernice Hamilton, aka Garnaris Hamilton v. United States

1. Whether a military separation is void ab initio when the Department of the Army fails to provide the mandatory ‘ Full and Fair Hearing “ required by 10 U.S.C. 1214, based upon an official government record (VA BIRLS) erroneously reporting the service Member as ‘ Deceased? 2. Whether the government violates the Due Process Clause and 10 U.S.C. 1214 when it administratively declares a living service member "deceased," subsequently denying benefits based on "no-shows" for evaluations the Petitioner was legally barred from attending, and whether such a "state-created barrier" requires a mandatory finding of Constructive Active- Duty Service for the period of the error. 3. Whether a reviewing court commits reversible error by failing to apply the 5 U.S.C. 706 "Hard Look" standard — an omission conceded by the Government - thereby insulating a 38-year-old structural error (including five misdiagnoses and a false death report) from the full retroactive relief now mandated by Soto v. United States (2025). 4. Whether the Adamo Wrecking Doctrine and 5 U.S.C. 706 require a reviewing Court to set aside a military discharge as Void Ab Initio when the Government's own record admits the Petitioner met medical referral standards " prior to discharge “ But was denied the mandatory " full and fair hearing " required by 10U.S.C.1214?