USS ERNEST G. SMALL (DD-838)

Evidence

10 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-10).

1. [1]research packet gw-packet.md (2 sources cited) [nhhc_danfs]

   Finding type

   vessel_history

   Finding

   Identity packet verdict: VERIFIED

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Evidence ID

   uss-ernest-g-small-dd838-pkt-gw-packet-md

2. [2]Shearer v. A.W. Chesterton Co., No. 1:13-cv-05887 (D. N.J.), Opinion of June 24, 2015 (Rodriguez, J.), ECF No. 54 (RECAP doc. 19634946) [court_record]

   Locator

   ECF No. 54 opinion pp. 1-7 (background recitals: military personnel records Ex. C; Shearer Dep. 66:10, 68:9-69:23, 72:3-23, 81:7-85:6, 103:24-104:25, 108:1-8, 160:25-161:9, 163:8-10, 164:5-13, 203:8-13, 209:5-22)

   Finding type

   litigation_documented

   Finding

   Written district-court opinion (unreported; available as RECAP document ECF No. 54) in federal asbestos litigation naming this hull. Plaintiffs Kenneth T. and Barbara Shearer alleged Shearer contracted mesothelioma while serving in the U.S. Navy; military personnel records fixed his service aboard USS Ernest G. Small at 20 June 1960 - 22 May 1963 (his only naval ship), assigned to the aft engine room. He boarded while the vessel was drydocked at Hunter's Point, San Francisco, three-quarters through the FRAM overhaul. Per the opinion's recital of his deposition: he observed personnel wrapping the steam lines and turbines in the aft engine room with asbestos padding; he swept up 'asbestos lagging' and debris from insulation on 'everything' including turbines, pumps, pump turbines and water lines; he changed packing glands on auxiliary and bilge pumps covered with asbestos insulation. The parties agreed the Navy's specifications required GE to design its turbines to accommodate asbestos insulation installed after the turbines left GE's control. Shearer died 14 March 2014 of mesothelioma. The court granted summary judgment to all three moving defendants (A.W. Chesterton, General Electric, Westinghouse), holding New Jersey law requires exposure to friable asbestos manufactured or distributed by the defendant (Sholtis v. Am. Cyanamid); the NJ Supreme Court had not addressed a duty to warn for third-party insulation on its equipment. Case docketed as removed asbestos personal-injury litigation (28:1441), filed 2013-10-03, terminated 2015-07-13.

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-28

   Study period

   1960-1963 (service and alleged exposure); 2013-2015 (litigation)

   Population

   Kenneth T. Shearer (aft engine room watch/duty, 1960-1963); FRAM-era crew and workers aboard 1960-61

   Limitations

   Merits-stage disposition adverse to plaintiff: summary judgment for defendants on product-identification/duty grounds - the opinion recites sworn deposition descriptions of asbestos application and debris aboard this hull during FRAM but adjudicates no exposure finding, no causation, no quantities, and no manufacturer attribution for the insulation. Per batch discipline this is a litigation record of allegations fixed to this hull, not an adjudicated finding of exposure. Whether other (non-moving) defendants settled or were dismissed is not documented in the retrieved record; no appeal located.

   Atlas source

   true

   Evidence ID

   ev-uss-ernest-g-small-dd838-01

3. [3]DANFS, Ernest G. Small (DD-838) (builder, dates, service narrative, DDR conversion, FRAM entry; verbatim transcription - live NHHC page serves 404) [nhhc_danfs]

   Locator

   DANFS entry, specifications block + full service narrative

   Finding type

   vessel_history

   Finding

   DANFS record for this hull: launched 14 June 1945 by Bath Iron Works, Bath, Maine, sponsored by Mrs. E. G. Small; commissioned 21 August 1945, Cmdr. T. D. McGrath in command; reclassified DDR-838 on 18 July 1952. Shakedown Guantanamo; Mediterranean patrols 1946 with Power (DD-839) and Providence (CL-82); grounded off Block Island 3 April 1947 and repaired at Boston; Caribbean/Mediterranean service 1948-50. Korea from June 1950: carrier escort, shore bombardment, Taiwan patrol, Inchon and Wonsan landings, Hungnam evacuation. Second Korean tour escorting Rendova (CVE-114); on 7 October 1951 struck a mine that seriously damaged her bow, killed 9 and wounded 18; heavy seas broke the bow off four days later; stubby replacement fitted and she reached Long Beach 18 December 1951; decommissioned 15 January 1952 and the bow of unfinished Seymour D. Owens (DD-767) grafted to her hull; converted to radar picket; recommissioned as DDR-838 on 2 December 1952. TF 77 Far East tour 1953-54; Tachen Islands evacuation February 1955; TG 7.3 underwater atomic bomb test 2-20 May 1955 (Operation Wigwam); Pacific tour 1956-57; WestPac 1958 with DesDiv 132 (SEATO 'Ocean Link'); USAF Discoverer nose-cone recoveries March-July 1959; WestPac 1960 screening Ticonderoga (CVA-14) and Coral Sea (CVA-43); entered San Francisco Naval Shipyard 29 December 1960 for fleet rehabilitation and modernization (FRAM). Spec block: 2,425 t; 390'6"; 41'1"; 18'6"; 35 kt; cpl. 345; 6 x 5", 10 x 21" tt; class Gearing. Four Korean War battle stars.

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-28

   Study period

   1945-1961

   Population

   Bath Iron Works construction trades 1945; crew 1945-1970 (design complement 345); yard workers at Boston (1947), San Diego (1951), Long Beach (1951-52), San Francisco Naval Shipyard (1960-61)

   Limitations

   DANFS documents service history and specifications, not materials or asbestos content. The published entry ends at the December 1960 FRAM entry - post-1960 events (Vietnam operations, 1969 reversion to DD-838, 1970 striking, 1971 Taiwan transfer) are not covered by this source and are carried from other records. Mirror transcription cited because the live NHHC page returns 404.

   Atlas source

   true

   Evidence ID

   ev-uss-ernest-g-small-dd838-02

4. [4]U.S. Department of Veterans Affairs, 'Navy and Coast Guard Ships Associated with Service in Vietnam and Exposure to Herbicide Agents' (July 2019 edition; official benefits.va.gov document, retrieved via Wayback Machine capture 2019-08-23) [other_primary]

   Locator

   Ship list, Category IV section, DDR-838 entry

   Finding type

   vessel_history

   Finding

   The official VA herbicide-exposure ship list names this hull verbatim: 'USS Ernest G. Small (DDR-838) [Radar Picket Destroyer] repeatedly sent small boats ashore with naval gunfire spotters in II Corps area during April-May 1966' - Category IV (ships operating on Vietnam's close coastal waters for extended periods with evidence that crew members went ashore). Documents Vietnam in-country operations for this hull in April-May 1966, a period the DANFS entry (ending 1960) does not cover.

   Verification

   verified

   Role

   context

   Documentation level

   ship_specific

   Accessed

   2026-09-28

   Study period

   1966

   Population

   Crew aboard during April-May 1966 WestPac deployment, including boat crews and naval gunfire spotters sent ashore

   Limitations

   An Agent Orange presumption list, not asbestos documentation - it establishes dates and nature of Vietnam operations only. Inclusion rested on deck logs and unit records; it says nothing about materials aboard. Wayback capture of the official VA .docx is cited because VA removed the enumerated list from its public site after the Blue Water Navy Vietnam Veterans Act of 2019/PACT Act made coastal service presumptive generally.

   Atlas source

   true

   Evidence ID

   ev-uss-ernest-g-small-dd838-03

5. [5]National Archives, 'Navy Deck Logs Available in the National Archives Catalog' index page - Ernest G. Small (DD/DDR-838) entry (Logbooks of U.S. Navy Ships and Stations, Records of the Bureau of Naval Personnel) [other_primary]

   Locator

   archives.gov index entry 'Ernest G. Small (DD/DDR-838)'; NARA Catalog 'Logbooks of U.S. Navy Ships and Stations' series

   Finding type

   historical_record

   Finding

   NARA's digitized deck-log index lists Ernest G. Small (DD/DDR-838), 'Commission: August 1945 / Decommission: November 1970,' with monthly deck logs digitized and available in the National Archives Catalog for January 1956 through October 1970 (e.g., March 1958 log at catalog.archives.gov/id/212881113). These are the contemporaneous daily records covering the FRAM availability at San Francisco Naval Shipyard (December 1960 - August 1961), all Vietnam-era deployments including April-May 1966, and the final WestPac - the records litigation normally uses to fix service aboard and locate yard periods.

   Verification

   verified

   Role

   archival_lead

   Documentation level

   ship_specific

   Accessed

   2026-09-28

   Study period

   1956-1970

   Population

   Crews 1956-1970; FRAM yard-period personnel 1960-61

   Limitations

   Deck logs are an archival lead, not analyzed contents - they were not opened page-by-page for this record; they document movements, not materials or asbestos. November 1970 (decommission month) is not among the digitized months. Logs for 1945-1955 are not in the digitized set (pre-1956 logs for this hull were not located online).

   Atlas source

   true

   Evidence ID

   ev-uss-ernest-g-small-dd838-04

6. [6]Republic of China Navy museum digital archive (Naval History Digital Archives, nmda.teldap.tw), ROCS Fu Yang DDG-907 history page [museum_official]

   Locator

   nmda.teldap.tw page_book01_14_ddg907.htm (ship history and specifications tables)

   Finding type

   vessel_history

   Finding

   The ROC Navy museum archive's Fu Yang (DDG-907) history confirms: ex-USS Ernest G. Small DD-838, Gearing class, laid down by Bath Iron Works, Bath ME on 30 January 1945, launched 14 June 1945, commissioned 21 August 1945; U.S. Government transferred her to the ROC Navy in 1971 and she was re-commissioned as Fu Yang (DDG-907); she served the ROC Navy 28 years through 20 commanding officers (Taiwan Strait patrol, offshore-island convoy, midshipman cruises, 1987 Hsiung-Feng missile test platform) and was decommissioned 16 December 1999.

   Verification

   verified

   Role

   supporting

   Documentation level

   ship_specific

   Accessed

   2026-09-28

   Study period

   1971-1999

   Population

   ROC Navy crews 1971-1999

   Limitations

   Documents ROC-era identity and disposition; contains no asbestos or materials information. Page text is Chinese (Big5); English-language snippets were verified via search indexing - full translation not performed. The U.S.-side strike date (13 vs 15 November 1970) and exact 1971 transfer mechanics are carried as a gap.

   Atlas source

   true

   Evidence ID

   ev-uss-ernest-g-small-dd838-05

7. [7]Consolidated era inference - DANFS class data (Gearing class; 35 kt) + Atlas shipyard dataset Bath Iron Works record (tier 2, era industrial-hygiene study) + Goodrich v. Air & Liquid Systems (E.D. Va. 2018) engineering-drawing recital covering Sumner/Gearing machinery insulation [other_primary]

   Locator

   DANFS specifications block; shipyards.json record 'bath-iron-works'; Goodrich ECF 171 recitals (see ev-07)

   Finding type

   asbestos_application

   Finding

   Era/yard inference: a Gearing-class destroyer built January-August 1945 at Bath Iron Works with four Babcock & Wilcox superheated boilers and GE geared steam turbines (60,000 shp) would have carried period-standard asbestos insulation on boilers, turbines and steam lines, lagging, gaskets, packing, fireproofing and deck coverings. Builder Bath Iron Works is documented at yard level in the Atlas dataset (tier 2), including a 1942-era industrial-hygiene study of pipe-covering shop dust risk; NARA RG19 'General Information Books' per-vessel material specifications are an archival lead for hull-level specs. The 1951-52 reconstruction (bow graft from DD-767 plus radar-picket conversion) and the 1960-61 FRAM at San Francisco Naval Shipyard are documented yard events; their asbestos scope is era inference only, though the Shearer opinion independently recites testimony of asbestos padding and lagging work aboard during FRAM.

   Verification

   inferred

   Role

   supporting

   Documentation level

   class_or_era

   Accessed

   2026-09-28

   Study period

   1945-1970

   Population

   Bath Iron Works construction trades 1945; crews 1945-1970; Long Beach yard workers 1951-52; Hunter's Point yard workers 1960-61

   Limitations

   Class/era and builder-yard inference only - the ship-specific litigation record for this hull is ev-01; this row adds context, not an independent ship-specific finding. NARA RG19 GIB retrieval not performed. Never to be read as a ship-specific asbestos determination.

   Atlas source

   true

   Evidence ID

   ev-uss-ernest-g-small-dd838-06

8. [8]Goodrich v. Air & Liquid Systems Corp., Omnibus Opinion and Order, ECF No. 171, E.D. Va. No. 4:17-cv-00009 (Sept. 28, 2018) [court_record]

   Locator

   Omnibus opinion pp. 12, 19, 31 (OCR of scanned ECF 171)

   Finding type

   asbestos_application

   Finding

   Class-level litigation context: the Goodrich omnibus opinion recites 'an engineering drawing for the insulation and lagging of forced draft blower turbines for the class of destroyers (DD 692, USS Allen M. Sumner class), within which the USS Harlan Dickson fell, specifies the use of amosite felts and asbestos cloths' and quotes a report estimating 'a partial tally of the weight of the asbestos-containing thermal insulation and lagging products in the fire ... and engine rooms of a ship belonging to the USS Allen M. Sumner (DD 692) and USS Gearing (DD 710) classes of destroyers is 30.3 tons.' DD-838 is a Gearing-class hull sharing the Sumner/Gearing machinery lineage.

   Verification

   verified

   Role

   context

   Documentation level

   class_or_era

   Accessed

   2026-09-28

   Study period

   1940s design era; opinion filed 2018-09-28

   Population

   Destroyer fire/engine-room crews across the Sumner/Gearing classes

   Limitations

   Litigation-record recitals of an expert report (McCloskey) and a Navy drawing covering the DD-692/DD-710 class design - not an adjudicated quantity and not hull-specific to DD-838; the opinion treats some related exposure conclusions as speculative. Underlying exhibits not retrieved from RECAP. Class context only - never becomes a ship finding for this hull.

   Atlas source

   true

   Evidence ID

   ev-uss-ernest-g-small-dd838-07

9. [9]GAO, Navy Efforts To Protect Workers From Asbestos Exposure, HRD-80-2 (Oct. 18, 1979) [gao]

   Locator

   GAO product page HRD-80-2

   Finding type

   gov_survey

   Finding

   GAO documented the Navy's asbestos-protection program: standing policy (1975) removed asbestos insulation only when damaged or required for repairs, modified 1979 to selective replacement in high-maintenance areas - meaning original-era insulation typically remained in place for decades unless a yard period disturbed it. Relevant program context for this hull's 1951-52 reconstruction, 1960-61 FRAM, and 1970 inactivation.

   Verification

   verified

   Role

   context

   Documentation level

   context_only

   Accessed

   2026-09-28

   Study period

   1979

   Population

   Navy shipyard workers; asbestos program review

   Limitations

   Program-level documentation, not hull-specific; fieldwork yards were other than this ship's. Full text not retrieved (gao.gov blocks automated fetch, HTTP 403) - content via product-page description. Supports era context only.

   Atlas source

   true

   Evidence ID

   ev-uss-ernest-g-small-dd838-08

10. [10]CourtListener API v4 litigation sweep for this hull (opinion + RECAP docket indexes), 2026-09-28 [court_record]

    Locator

    cl-auth-search.py results 2026-09-28; Shearer docket_id 5833931

    Finding type

    litigation_documented

    Finding

    Systematic CourtListener sweep: opinion index - '"Ernest G. Small"' 0 hits; '"Shearer" "Ernest G. Small"' 0 hits; '"Shearer" "Chesterton"' 4 hits, all name collisions (Indiana attorney-discipline and unrelated civil cases); '"DD-838"' 0 hits. RECAP docket index - '"Ernest G. Small"' exactly 1 hit (Shearer v. A.W. Chesterton, D.N.J. 1:13-cv-05887, suitNature 'P.I.: Asbestos', removed 2013, terminated 2015-07-13); '"Shearer" "Chesterton"' returned the Shearer docket plus unrelated collisions; '"DD-838"' returned 4 dockets: United States v. Ortega (E.D. Cal. criminal), In re Seroquel Products Liability Litigation (MDL), and 2 indexed mentions inside IN RE Asbestos Products Liability Litigation (No. VI) (MDL-875, JPML) tag-along notice attachments - Brayton Purcell complaints filed in N.D. Cal. (Founds v. General Electric, 3:10-cv-01851; and 3:11-cv-02212) whose indexed text contains 'DD-838', most plausibly a plaintiff ship-list allegation; role of the hull in those complaints unverified (attachment text not extracted). The Shearer opinion text is not in CL's opinion index but is available as RECAP document ECF No. 54.

    Verification

    verified

    Role

    negative_finding

    Documentation level

    ship_specific

    Accessed

    2026-09-28

    Study period

    coverage through 2026-09-28

    Population

    n/a

    Limitations

    Sweep covers CourtListener's opinion and RECAP docket indexes only - state-court dockets, un-digitized MDL-875 transferor filings, and non-indexed complaints are outside coverage. The two MDL-875 'DD-838' mentions sit inside complaint attachments in tag-along notices - if they are ship lists they are pleading allegations, not findings; per litigation-stage discipline they are carried as unverified and are NOT treated as qualifying cases. '"DDR-838"' variant queries were throttled mid-session (fleet pacing) and are logged as a ledger gap, not a verified negative.

    Atlas source

    true

    Evidence ID

    ev-uss-ernest-g-small-dd838-09