Evidence
10 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-10).
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[1]research packet ia-packet.md (12 sources cited) [other_primary]
- Finding type
- vessel_history
- Finding
- Identity packet verdict: VERIFIED
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Evidence ID
- uss-donald-b-beary-de1085-pkt-ia-packet-md
-
[2]GAO HRD-80-2, 'Navy's Efforts to Protect Workers From Asbestos Exposure' (B-163375, 1979-10-18), Enclosure I Attachment 1 (CNO SER 4542/318054 of 5 Jan 1979): 'List of U.S. Navy Ships Delivered Since 1973 or Under Construction (Ship Class, Name and Hull Number and Status of Thermal Insulation)' [gao]
- Locator
- GAO HRD-80-2 (B-163375, Oct 18 1979), Enclosure I, Attachment 1 (ship list, FF entries pp.9-10 of enclosure) and Enclosure I cost table (FF-1052 class line)
- Finding type
- gov_survey
- Finding
- The Navy's official ship-by-ship list to GAO names every Knox-class frigate delivered since 1973 - FF-1090 Ainsworth, FF-1091 Miller, FF-1092 Thomas C. Hart, FF-1093 Capodanno, FF-1094 Pharris, FF-1095 Truett, FF-1096 Valdez, FF-1097 Moinester - all Avondale-built sisters of this hull, all annotated 'Asbestos thermal insulation.' DE-1085 (laid down 1970-07-24, delivered/commissioned 1972) falls outside the list's 'delivered since 1973' window rather than being certified asbestos-free. The same enclosure carries the Navy's estimate to remove asbestos thermal insulation from piping, equipment and ventilation ducting of the FF-1052 class at $4.32 million per ship x 45 active ships ($194.40M) - a class-wide acknowledgment of installed asbestos TSI.
- Verification
- verified
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-28
- Study period
- 1979 (report); construction window 1969-1974
- Population
- Avondale Shipyards construction trades (1969-1974); Knox-class crews
- Limitations
- Class-level documentation, not a hull record: DE-1085 is not named in the list (delivered before the 1973 cutoff). The finding that eight consecutive same-class, same-yard sisters delivered 1973-74 carried asbestos thermal insulation is strong era inference for this hull but does not itself prove materials aboard DE-1085, nor quantities, locations, or present-day condition. gao.gov returns HTTP 403 to automated fetchers; text verified from the full PDF via a Wayback Machine capture.
- Atlas source
- true
- Evidence ID
- ev-uss-donald-b-beary-de1085-01
-
[3]GAO HRD-80-2 report text and Enclosure I (Navy response letter): asbestos policy timeline and residual-insulation policy [gao]
- Locator
- GAO HRD-80-2 pp.2-3 (report body) and Enclosure I Navy response letter, answers to questions 2, 5 and 6
- Finding type
- regulatory
- Finding
- GAO records the Navy's asbestos-use timeline: 'although product specifications for thermal insulation had been changed in 1973 to specify the use of asbestos-free materials, asbestos materials had already been purchased and in some cases installed in ships under construction. Therefore, some ships were delivered with asbestos insulation as late as May 1978.' The Navy's no-asbestos policy statement was NAVSEAINST 5100.2 of 24 October 1975; by 1975 asbestos-free substitutes (calcium silicate, fibrous glass, refractory felt, elastomeric foam, cellular glass) were generally available. The Navy also stated that 'all ships contain some asbestos in such components as clutches and electric cables,' and that its post-1979 removal policy would still leave '30 to 50 percent' of shipboard thermal asbestos 'normally untouched during the life of the ship.'
- Verification
- verified
- Role
- context
- Documentation level
- class_or_era
- Accessed
- 2026-09-28
- Study period
- 1973-1979
- Population
- Navy ships and shipyard workers fleet-wide
- Limitations
- Program-level statements: they establish the regulatory era in which this hull was built (keel 1970, delivered 1972 - entirely under asbestos-permitted specifications) but name no individual ship. The '30-50 percent untouched' figure is a Navy fleet-level estimate, not a measurement aboard this hull.
- Atlas source
- true
- Evidence ID
- ev-uss-donald-b-beary-de1085-02
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[4]OPNAVINST 5100.19F, Chapter B-1 (Asbestos Management), Navy Safety and Occupational Health Program Manual [other_primary]
- Locator
- OPNAVINST 5100.19F, Ch. B-1 'Asbestos Management,' p. B1-3 (keel-date rule) and B1-1 (applications list); DONI directive URL
- Finding type
- regulatory
- Finding
- Navy policy text: 'Any ship whose keel was laid prior to 1980 will be considered to contain friable asbestos thermal systems insulation (TSI), and must therefore maintain an EART' (emergency asbestos response team); 'all U.S. Navy ships contain some form of ACM'; asbestos applications are listed as thermal and acoustical insulation, pipe lagging, gaskets, brake and clutch linings, winch and capstan brakes, and roofing and flooring materials. DE-1085's keel was laid 24 July 1970 - the hull falls squarely under the pre-1980-keel presumption during its entire U.S. service life (1972-1994).
- Verification
- verified
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-28
- Study period
- OPNAVINST 5100.19F (current-series Navy SOH manual); keel-date rule applies to this hull by construction date
- Population
- U.S. Navy ship crews (all pre-1980-keel hulls)
- Limitations
- Fleet-wide rule, not a hull-specific finding: the instruction presumptively covers this ship by keel date but does not document its actual materials. The DONI PDF is behind an anti-bot challenge for automated fetch; the quoted B-1 text is corroborated verbatim across multiple independent Navy training-material mirrors (studyguides.com, brainscape.com) citing OPNAVINST 5100.19F Ch. B-1 p.B1-3, and the same instruction series is indexed on the NAVSEA FOIA Reading Room asbestos page (navsea.navy.mil, itself 403 to automated fetch).
- Atlas source
- true
- Evidence ID
- ev-uss-donald-b-beary-de1085-03
-
[5]NavSource Online Destroyer Escort / Frigate Photo Archive, USS Donald B. Beary (DE 1085) page - Building and Operational Data chronology and specifications block (compiled from NVR and official records) [other_primary]
- Locator
- NavSource DE-1085 page, 'Building and Operational Data' list and 'Specifications' block
- Finding type
- vessel_history
- Finding
- Hull-specific chronology and data: contract awarded to Avondale Shipyard Corp. 25 Aug 1966; keel laid 24 Jul 1970 at Avondale Shipyards, Inc., Westwego, La.; launched/christened 22 May 1971 (sponsor Mrs. Mary L. Beary, the admiral's widow); commissioned 22 Jul 1972 at Boston Naval Shipyard, Cmdr. John J. Gelke, assigned to Destroyer Squadron 10, Norfolk; reclassified frigate FF-1085 30 Jun 1975; assigned Naval Reserve Force Atlantic 30 Sep 1991; reclassified training frigate FFT-1085 15 Dec 1991; reassigned to NRF Naval Station Staten Island Mar 1992; decommissioned 20 May 1994 at Norfolk after 22 years 9 months and leased to Turkey as TCG Karadeniz (F-255); struck from the Naval Vessel Register 11 Jan 1995; lease renewed 20 Sep 1998. Specifications: Knox class (SCB 199C/1964), 438' oa x 46'9" x 24'9", 2 Combustion Engineering 1200-psi boilers, 1 Westinghouse geared turbine, 35,000 shp, single shaft, 27 knots, complement 16/211.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1966-2006
- Population
- Avondale construction trades 1970-72; crew (16 officers / 211 enlisted design complement); Turkish crew 1994-2006
- Limitations
- NavSource is a secondary compilation of official records (no DANFS entry exists for this hull - see search_ledger), used here as the identity/history source of record; documents dates, specs and service events, not materials or asbestos content.
- Atlas source
- true
- Evidence ID
- ev-uss-donald-b-beary-de1085-04
-
[6]USS Donald B. Beary (DE-1085) Commissioning Book, 22 July 1972 (14-page scanned booklet, NavSource archive) [other_primary]
- Locator
- NavSource supplemental page 06021085a, commissioning-book scans 0602108590 through 0602108590-25 (pp. showing CNO letter, launch photo, Engineering Department roster)
- Finding type
- historical_record
- Finding
- Contemporaneous ship document: the 1972 commissioning booklet records the commissioning ceremony at Boston Naval Shipyard (CNO Adm. Elmo Zumwalt's letter of 21 July 1972 addressed to Cmdr. John J. Gelke, USS Donald B. Beary (DE-1085), Boston Naval Shipyard), the side launch at Avondale's Main Yard, the sponsor, and the full ship's company organized by departments - the Engineering Department is shown with M (machinist's mate), B (boiler technician) and R (repair) divisions with A/R/E gangs - the ratings that manned and maintained the steam plant and piping systems aboard.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1972
- Population
- Commissioning crew, 1972 (plankowners)
- Limitations
- Primary ship document for crew organization and commissioning details; contains no materials or insulation information - the engineering-division roster documents who would have worked around insulated machinery, not what the insulation was.
- Atlas source
- true
- Evidence ID
- ev-uss-donald-b-beary-de1085-05
-
[7]navysite.de USS Donald B. Beary (FF-1085) ship's history (crew-maintained compilation) + hazegray.org Bath Iron Works Production Record pt.4 (BIW hull 1025) [other_primary]
- Locator
- navysite.de FF-1085 'Ship's History' narrative; hazegray.org/shipbuilding/biw4.htm BIW hull 1025 row
- Finding type
- vessel_history
- Finding
- Service narrative and yard periods for this hull: first Mediterranean deployment Jan 1974 (Dark Image, Dawn Patrol, Poop Deck); Arctic Circle crossing 3 Jul 1974; 1975-76 Med/Middle East deployments incl. Suez transit and Jidda port call; 1977 homeport shift to Bath, Maine, for a Base Line Overhaul at Bath Iron Works completed June 1978 (sonar dome rubber window, air-search radar, IFF, air-conditioning plants, CHT sewage system, Harpoon, chaff) - independently corroborated by the Bath Iron Works production record, BIW hull 1025 '(FF 1085) Knox Class Frigate, Overhaul, in service 15 June 1978' (name misprinted 'Ronald D. Beary' in that table); Coastal Drydock New York overhaul 1983; shipyard availability Alexandria, Egypt, early 1988; New York Shipyard Red Hook availability fall 1992; 1991 counter-narcotics seizure of s/v Blue Whale; transfer of the ship to the Turkish Navy at Norfolk in 1994 after three months of crew training.
- Verification
- partial
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1972-1994
- Population
- Crew 1972-1994; BIW overhaul workforce 1977-78; later repair-yard workers
- Limitations
- Secondary compilations (navysite.de crew history; hazegray.org BIW production table) - events corroborated where possible (BIW overhaul corroborated by yard production record); no official deck-log or command-history source was located (deck logs not digitized). Asbestos scope of any yard period is not documented by these sources.
- Atlas source
- true
- Evidence ID
- ev-uss-donald-b-beary-de1085-06
-
[8]Maritime Reporter and Engineering News, February 1989 issue, p.48: 'Colonna's Begins Repair Of U.S. Navy Frigate Under $3-Million Contract' [reputable_press]
- Locator
- Maritime Reporter, Feb 1989, p.48 (magazines.marinelink.com digitized archive)
- Finding type
- historical_record
- Finding
- Contemporaneous trade-press documentation of a repair availability aboard this hull: Colonna's Shipyard, Norfolk, Va., began a $3.05-million Navy contract for repairs to USS Donald B. Beary (FF-1085); the ship docked early December 1988 with completion expected end of February 1989 - 'the first frigate to be docked in Colonna's floating drydock.' Contract scope: hull repairs, sandblasting and coating, boiler repairs, electronics and weapons repair and installation, CHT modifications, Halon firefighting system installation, fin-stabilizer modifications, and deck machinery repairs.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1988-12 to 1989-02
- Population
- Colonna's Shipyard repair workforce, Dec 1988-Feb 1989; ship's force
- Limitations
- Documents a repair-yard work scope aboard this hull (including boiler repairs and sandblasting - the maintenance-disturbance category of work) but contains no mention of asbestos, insulation, or hazmat handling; not evidence of asbestos abatement or exposure aboard.
- Atlas source
- true
- Evidence ID
- ev-uss-donald-b-beary-de1085-07
-
[9]CourtListener API v4 opinion + RECAP docket search: United States v. McEnearney, 1 M.J. 969 (N.M.C.M.R. 1976); United States v. Morsfield, 3 M.J. 691 (N.M.C.M.R. 1977); Greenleaf v. Atlas Copco Compressors, L.L.C., No. 3:14-cv-00051 (S.D. Ill.); Savoie v. Pennsylvania General Insurance Co., No. 2:15-cv-01220 (E.D. La.); Scruggs v. Getinge USA, Inc., No. 1:07-cv-02255 (D.D.C.) [court_record]
- Locator
- CourtListener v4: type=o '"Donald B. Beary"' (2 hits) and hull-number variants (5 collisions); type=r '"Donald B. Beary"' (3 dockets; Greenleaf docs 375/376/377 orders filed 2015-09-25)
- Finding type
- litigation_documented
- Finding
- CourtListener sweep by exact ship name and hull numbers, opinion and RECAP docket indexes. OPINIONS: the only published opinions naming 'Donald B. Beary' are two Navy-Marine Corps Court of Military Review decisions - McEnearney (missing movement of the ship 4 Jan 1974) and Morsfield (appellant assigned to the ship 1973, later UA) - military-justice matters, no asbestos or injury content; hull-number queries returned five hits, all name collisions. DOCKETS: three federal dockets contain the name. (1) Greenleaf v. Atlas Copco Compressors (S.D. Ill. 3:14-cv-00051, nature of suit 368 asbestos PI, filed 2014, terminated 2016): summary-judgment orders of 25 Sep 2015 (Docs. 375, 376, 377 - denying John Crane, General Electric, and Ingersoll-Rand motions) recite plaintiff Kenneth Greenleaf's deposition work history: 'In 1976, Plaintiff was assigned to the USS Donald B. Beary and served as the Senior Chief of Command in the engineering department' (Doc. 234-1 p.57); the orders address valve/pump packing exposure over his Navy career and DENY summary judgment - a disputed-fact ruling, not a finding that asbestos was aboard this hull. (2) Savoie v. Pennsylvania General Insurance (E.D. La. 2:15-cv-01220, asbestos coverage): the name appears in Doc. 137-1 (2017), a 90-page attachment containing expert Thomas F. McCaffery's CV and vessel data exhibits - the ship's row in a 'Vessels Constructed at Avondale' production table (OE1085 - DONALD B. BEARY, DE-1078-class ocean escort, contract C6-1400 ordered 8/66, keel 7/70, launched 5/71, delivered 6/72, U.S. Navy) - a shipyard production-register mention, not an exposure allegation. (3) Scruggs v. Getinge USA (D.D.C. 1:07-cv-02255, non-asbestos personal injury): the name appears only in the curriculum vitae of a defense engineering expert (Rule 26(a)(2) designation, Doc. 14, 2008), who lists 'Anti-Submarine Warfare Officer USS Donald B. Beary (FF-1085) 1976-1980' in his service history - a biographical mention, not an exposure allegation. Per batch discipline all docket hits are classified at the lowest supported stage: pleading/deposition-level mentions or biographical references, not adjudicated exposure findings.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1974-1977 (NMCMR); 2007-2017 (docket references); search run 2026-09-28
- Population
- Plaintiff Kenneth Greenleaf (Navy career incl. alleged 1976 service aboard this hull)
- Limitations
- No adjudicated finding names this hull: Greenleaf SJ denials recite the plaintiff's own career narrative (deposition testimony) and deny motions on genuine-dispute grounds; neither establishes that asbestos was aboard nor that this plaintiff was exposed aboard. The Scruggs mention is an expert-witness CV entry and the Savoie mention a production-table exhibit entry - incidental documentary references, not exposure allegations. Docket-text search covers RECAP-indexed filings only; state-court and unindexed federal matters not covered.
- Atlas source
- true
- Evidence ID
- ev-uss-donald-b-beary-de1085-08
-
[10]Batch-4018 search ledger (this record): NHHC DANFS (no entry exists); NavSource archive; NARA online deck-log index; VA BVA decisions; CourtListener opinion index; official and trade sources listed in search_ledger [other_primary]
- Locator
- search_ledger rows sl-uss-donald-b-beary-de1085-01 through sl-uss-donald-b-beary-de1085-12
- Finding type
- historical_record
- Finding
- No qualifying ship-specific asbestos record located: no asbestos survey, abatement contract, government hazmat disclosure, adjudicated exposure finding, or VA decision naming this hull was found in the sources searched (see search_ledger). Litigation sweep found only allegation-stage and incidental mentions (ev-08). No DANFS entry exists for this hull (NHHC coverage for this ship is a single photo record, NH 107463). The ship appears on marketing/law-firm 'asbestos ship lists' (shepardlawfirm.com, mesothelioma.com, mesothelioma.net, navyshipexposure.com) - excluded per batch sourcing rules; none carries ship-specific documentation.
- Verification
- verified
- Role
- negative_finding
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 2026-09-28
- Limitations
- Absence of a located public record does not prove absence of asbestos aboard - every class/era indicator (1970 keel, Avondale build, same-yard sisters documented asbestos-insulated, pre-1980-keel Navy rule) points the other way. Does not establish or defeat any individual claim of exposure or legal eligibility.
- Atlas source
- true
- Evidence ID
- ev-uss-donald-b-beary-de1085-09