Evidence
11 evidence entries recorded; each entry has a stable permalink (#ev-1 … #ev-11).
-
[1]research packet gx-packet.md (6 sources cited) [other_primary]
- Finding type
- vessel_history
- Finding
- Identity packet verdict: VERIFIED
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Evidence ID
- uss-ozbourn-dd846-pkt-gx-packet-md
-
[2]Goldsby v. Celotex Corp., 591 F. Supp. 615 (W.D. Mo. Aug. 8, 1984), No. 83-1376-CV-W-1 (Oliver, S.J.) - Memorandum and Orders Denying Defendants' Alternative Motion to Dismiss or for Summary Judgment and Directing Further Proceedings [court_record]
- Locator
- Opinion at 591 F. Supp. 615-620, stipulations section (numbered stipulations 3-8); CourtListener cluster 2388674
- Finding type
- litigation_documented
- Finding
- Published federal asbestos opinion names this hull (spelled 'U.S.S. Ozbourne'; the only commissioned ship of the name is DD-846): parties stipulated that Leo Goldsby was assigned to the ship as a machinist's mate, that his duties included repairing pipes in the boiler room requiring cutting through asbestos insulation, that approximately nine of his eleven months of 1949 naval service were at sea aboard, and that during approximately the last two months of 1949 he was aboard while the ship was in dry-dock at Vallejo, California (Mare Island Naval Shipyard). Parties stipulated that plaintiff's only exposure evidence related to service aboard this ship in 1949. Court denied defendants' joint motion to dismiss/for summary judgment and directed further proceedings; alternative-liability theories (enterprise/market-share) were held pending Zafft v. Eli Lilly, 676 S.W.2d 241 (Mo. 1984), which foreclosed those theories on Sept. 11, 1984.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1949 (alleged exposure); opinion 1984-08-08
- Population
- Machinist's mate aboard USS Ozbourn, 1949 (boiler room, pipe repair; Mare Island dry-dock period)
- Limitations
- Stipulation-stage record: the exposure facts were agreed by the parties for purposes of defendants' motion (admiralty jurisdiction, limitations, conflicts) - a fact of record, not an adjudicated finding of causation or of any defendant's product aboard; the motion was denied and merits never adjudicated in the published opinion. Post-stay disposition (after Zafft, Sept. 1984) not located. Establishes stipulated boiler-room asbestos-insulation work aboard this hull; no quantities, no product-by-manufacturer identification adjudicated, no legal-eligibility conclusion.
- Atlas source
- true
- Evidence ID
- ev-uss-ozbourn-dd846-01
-
[3]Board of Veterans' Appeals, Citation Nr. 0308060, Docket No. 00-14 794 (RO Waco, Tex.; Veterans Law Judge Andrew J. Mullen), decided 2003-04-29 [other_primary]
- Locator
- BVA decision 0308060, 'Factual Background' (ship list, duties) and 'ORDER' (grant)
- Finding type
- litigation_documented
- Finding
- Official VA adjudication naming this hull in an asbestos-exposure claim that succeeded: the Board granted service connection for COPD claimed as secondary to asbestos exposure, finding the competent medical evidence 'at least in equipoise' and giving benefit of the doubt under 38 U.S.C. 1110, 1154 and 38 C.F.R. 3.102, 3.303. Service personnel records showed the veteran (active Oct. 1955-May 1974) worked as a Chief Machinist's Mate in main engine rooms and auxiliary machinery rooms and repaired refrigeration/air-conditioning units; duty stations listed include USS Niagara Falls, USS Jason, USS Hull, USS Ozbourn, USS Whitehurst, and USS Dixie. A February 2003 VA examiner opined it 'at least a 50/50 probability' that the COPD 'may be traced back to heavy asbestos exposure while on active duty.'
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1955-1974 (service); decision 2003-04-29
- Population
- Navy veteran, machinist's mate in engine/fire-room and refrigeration work 1955-1974 across six vessels incl. DD-846
- Limitations
- Merits-level administrative grant at service level: the Board never apportioned exposure among the six named vessels, and the conceded asbestos exposure attaches to the veteran's Navy career as a whole - not to this hull specifically. COPD (not mesothelioma/asbestosis) was the granted condition. Establishes that this hull is named in a successful asbestos-related VA claim; does not establish hull-specific exposure, product identity, or quantity.
- Atlas source
- true
- Evidence ID
- ev-uss-ozbourn-dd846-02
-
[4]DANFS, Ozbourn (DD-846) (builder, dates, service narrative through ~1970; verbatim transcription - live NHHC page serves 404; hazegray.org itself unreachable, cited via Wayback capture 2024-05-25) [nhhc_danfs]
- Locator
- DANFS entry, specification block + full service narrative
- Finding type
- vessel_history
- Finding
- DANFS record for this hull: laid down by Bath Iron Works 16 June 1945; launched 22 December 1945, sponsored by Mrs. Joseph W. Ozbourn; commissioned 5 March 1946, Comdr. Bernard A. Smith. Pacific Fleet, San Diego Aug. 1946; DesDiv 171 Far East deployment Jan.-Oct. 1947; deployment of Oct. 1948 shortened by collision with Theodore E. Chandler (DD-717), two crew killed, repairs at Long Beach Naval Shipyard; 1949-50 midshipman training, overhaul, first guided missile test at sea with Norton Sound (AVM-1); Korea: TF 77, Inchon landing, two direct hits from shore batteries Feb. 1951 and boat rescue of downed pilot in enemy minefield, TF 95 Wonsan, TF 77 July 1952 rescues (18 men from Boxer CVA-21 fire; 3 downed Essex CVA-9 airmen), twice Korean Presidential Citation; 1956-64 overhauls/training/7th Fleet; FRAM Mark I conversion before June 1963; ASROC launch witnessed by President Kennedy from Kitty Hawk (CVA-63) 6 June 1963; WestPac July 1964 (DesDiv 233, ASW Group 1) after Tonkin Gulf incident; TG 77.6 gunfire support III/IV Corps Aug. 1965; DesRon 9 two-year deployment July 1966-Sept. 1968, direct hits 25 March and 4 Dec. 1967, Meritorious Unit Commendation and Battle Efficiency 'E'; return Long Beach 6 Sept. 1968; WestPac again Sept. 1969 into 1970. Spec block: dp. 2,390; l. 391'; b. 41'; dr. 19'; s. 35 k.; cpl. 363; a. 6x5", 16x40mm, 17x20mm, 5x21" tt., 6 dcp., 2 dct.; cl. Gearing.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1945-1970
- Population
- Bath Iron Works construction trades 1945-46; crew 1946-1975 (design complement 363 per DANFS)
- Limitations
- DANFS documents service history and specifications, not materials or asbestos content. Entry text ends circa 1970 (DANFS print-volume coverage) - decommissioning, stricken date, and disposal are not in this source and come from other rows. Mirror transcription cited because the live NHHC page returns 404 and hazegray.org fails DNS resolution (Wayback capture of 2024-05-25 used).
- Atlas source
- true
- Evidence ID
- ev-uss-ozbourn-dd846-03
-
[5]NavSource Naval History, Destroyer Photo Index DD-846 USS Ozbourn (operational/building data block, FRAM index, commanding-officer list; live site unreachable, cited via Wayback capture 2024-04-18) [other_primary]
- Locator
- NavSource DD-846 page 'Operational and Building Data' + FRAM helper index + CO list
- Finding type
- vessel_history
- Finding
- NavSource building and disposition data for this hull: built by Bath Iron Works, Bath, ME (YN 266); laid down 16 June 1945; launched 22 December 1945; commissioned 5 March 1946; 'Completed FRAM upgrade December 1961'; decommissioned 30 May 1975; stricken 1 June 1975; sold 1 December 1975 to General Metals, Tacoma, WA for $157,227 and broken up for scrap. NavSource class data block lists Westinghouse turbines at 60,000 shp. NavSource FRAM helper index lists '846 Ozbourn Puget Sound 12/61'. Commanding-officer list ends with CDR Francis Joseph Furtado, March 1974 - 30 May 1975.
- Verification
- verified
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1945-1975
- Population
- n/a
- Limitations
- Volunteer-compiled secondary archive, not the Naval Vessel Register itself (NVR excludes vessels disposed before 1987 - this hull is not in the live NVR). Decommission day conflicts (30 May vs. 1 June 1975) carried in gaps; the CO-list end date supports 30 May. Turbine maker conflicts with other secondary compilations (GE) - carried in gaps. No asbestos or materials content.
- Atlas source
- true
- Evidence ID
- ev-uss-ozbourn-dd846-04
-
[6]USS Ozbourn DD-846 Association, ship-history chronology (year pages: history.htm, history1961.htm, history1969.htm, history1971.htm, history1972.htm/history1972a.htm, history1975.htm), ozbourn.org [museum_official]
- Locator
- ozbourn.org history pages: 1948 collision/LBNSY; 1949-50 Mare Island overhaul; history1961.htm (PSNS FRAM Mar.-Dec. 1961); history1969.htm/1970 (LBNSY 1970); history1971.htm (LBNSY overhaul 20 Sep 1971-18 Jan 1972); history1975.htm (decommission/sale, awards)
- Finding type
- vessel_history
- Finding
- Association year-by-year chronology documents this hull's yard periods and final disposition: collision with USS Chandler 23 Nov. 1948 during darkened-ship operations (two Ozbourn crew lost) followed by bow replacement and repairs at Long Beach Naval Shipyard; routine overhaul at Mare Island Naval Shipyard completed before April 1950 Norton Sound missile tests (consistent with the Goldsby stipulation placing the ship in dry-dock at Vallejo in late 1949); FRAM Mark I conversion at Puget Sound Naval Shipyard, Bremerton, 2 March - 22 December 1961 with INSERV trials and post-FRAM availability through Feb. 1962; two-month yard overhaul plus tender availability alongside USS Isle Royale (AD-29) at Long Beach from April 1970; Long Beach Naval Shipyard material work Aug.-Sept. 1970; four-month shipyard overhaul at Long Beach (dry dock) 20 Sept. 1971 - 18 Jan. 1972; final WestPac deployment Apr.-Nov. 1972 (181 days at sea, over 9,000 five-inch rounds); decommissioned June 1975 and sold for scrap Dec. 1975 to General Metals, Tacoma for $157,227. Awards listed: five Korean War and ten Vietnam War battle stars, Navy Unit Commendation (15 June 1966 - 6 Sept. 1968), Combat Action Ribbon, Meritorious Unit Commendation. Association states its detailed 1973-75 history has not been located.
- Verification
- partial
- Role
- supporting
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1948-1975
- Population
- Shipyard workers at LBNSY, Mare Island, PSNS during documented availabilities; crew 1946-1975
- Limitations
- Veterans' association narrative reconstruction from ship records and reunion material - not a contemporaneous official record; corroborates DANFS where they overlap. Yard-period dates support exposure-window inference only; no asbestos or materials content in the chronology itself. The association itself flags missing 1973-75 records.
- Atlas source
- true
- Evidence ID
- ev-uss-ozbourn-dd846-05
-
[7]Consolidated era inference - Gearing-class design data (NavSource/DANFS-type specs) + Goodrich v. Air & Liquid Systems Corp., Omnibus Opinion and Order, ECF No. 171, E.D. Va. No. 4:17-cv-00009 (Sept. 28, 2018) class-drawing recital + Atlas Gearing-class profile [other_primary]
- Locator
- Gearing-class technical data; Goodrich omnibus opinion OCR pp. 12, 19, 31 (class profile ev-gearing-class-04)
- Finding type
- asbestos_application
- Finding
- Era/design inference for this hull: a Gearing-class destroyer built 1945-46 with a four-boiler 60,000-shp superheated steam plant would have carried period-standard boiler casing and fireroom insulation, steam-line lagging, turbine lagging, valve/flange gaskets and packing, and accommodation insulation. 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)' specifying amosite felts and asbestos cloths, and quotes an expert report's 'partial tally' of 30.3 tons of asbestos thermal insulation/lagging in fire and engine rooms of Sumner/Gearing-class destroyers - class-level machinery shared with this hull. Documented yard periods (LBNSY bow replacement 1948-49; Mare Island overhaul 1949-50; PSNS FRAM I Mar.-Dec. 1961; LBNSY overhauls 1970 and 1971-72) are events at which era insulation would have been disturbed.
- Verification
- inferred
- Role
- supporting
- Documentation level
- class_or_era
- Accessed
- 2026-09-28
- Study period
- 1945-1975
- Population
- Construction trades at Bath Iron Works 1945-46; crew 1946-1975; yard workers at LBNSY, Mare Island, PSNS
- Limitations
- Class/era inference only - the ship-specific findings are ev-01 (Goldsby stipulation) and ev-02 (BVA grant); this row adds context, not an independent ship-specific finding. Goodrich figures are litigation recitals of an expert report and a Sumner-class (DD-692) drawing covering machinery shared by Gearing; not adjudicated classwide quantities and not a hull inventory for DD-846. Underlying exhibits not retrieved.
- Atlas source
- true
- Evidence ID
- ev-uss-ozbourn-dd846-06
-
[8]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 when required for repairs, modified 1979 to selective replacement in high-maintenance areas - meaning original-era insulation typically remained in place aboard steam-era hulls for decades unless a yard period disturbed it. Fieldwork yards included Long Beach and Norfolk naval shipyards.
- 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- or class-specific; provides era context for this ship's 1961 FRAM conversion and 1970s overhauls only. gao.gov returns HTTP 403 to automated fetch - content via product-page description; full text unretrieved.
- Atlas source
- true
- Evidence ID
- ev-uss-ozbourn-dd846-07
-
[9]CourtListener API v4 search, type=o (opinions), query 'Ozbourn', executed via fleet cl-auth-search.py helper 2026-09-28 [court_record]
- Locator
- cl-auth-search.py query log; search_ledger sl-uss-ozbourn-dd846-04, -05
- Finding type
- litigation_documented
- Finding
- CourtListener opinion sweep for 'Ozbourn' returned 27 results (2026-09-28): exactly one qualifying asbestos opinion naming this hull - Goldsby v. Celotex Corp., 591 F. Supp. 615 (W.D. Mo. 1984), opinion text spelled 'Ozbourne' (ev-01). The remaining 26 results are person-name collisions (e.g., Ozbourn v. State, Fla. Dist. Ct. App. 1995; Stephens v. Ozbourne, Tenn.; State Savings Bank v. Hosmer, Mich. 1893) or unrelated full-text matches. No other qualifying opinion located.
- Verification
- verified
- Role
- context
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 2026-09-28
- Population
- n/a
- Limitations
- Opinion-corpus sweep only; RECAP/docket-type (type=r) searches for 'USS Ozbourn' and 'DD-846' were attempted repeatedly but the fleet-wide pacing budget was spent - logged as blocked, not as 'no result.' MDL-875 or state-court docket-text references to this hull may exist and remain unverified. Name is distinctive (low collision risk); 'Ozbourne' spelling variant surfaces in the same result set.
- Atlas source
- true
- Evidence ID
- ev-uss-ozbourn-dd846-08
-
[10]NARA, Logbooks of U.S. Navy Ships and Stations (Records of the Bureau of Naval Personnel), USS Ozbourn (DD-846) deck-log files, National Archives at College Park - e.g., 'Ozbourn (DD-846) - January 1967', catalog id 176013132 (indexed via DPLA) [other_primary]
- Locator
- NARA catalog id 176013132 (Jan. 1967) and sibling monthly items in the DD-846 deck-log series
- Finding type
- historical_record
- Finding
- NARA holds monthly deck logs for this hull in the Logbooks of U.S. Navy Ships and Stations series (e.g., January 1967, catalog id 176013132; the series runs across the ship's commission). Deck logs document in-port/underway periods and can corroborate yard availabilities and operational dates asserted from secondary sources.
- Verification
- verified
- Role
- archival_lead
- Documentation level
- ship_specific
- Accessed
- 2026-09-28
- Study period
- 1946-1975 (series span); item 1967-01
- Population
- n/a
- Limitations
- Archival lead only - deck logs record ship movements and arrivals/departures, not materials or asbestos content; logs were indexed via DPLA, not retrieved or reviewed page-level.
- Atlas source
- true
- Evidence ID
- ev-uss-ozbourn-dd846-09
-
[11]This record's search ledger: NHHC DANFS (live 404, mirror used); NVR detail (not present - pre-1987 disposal); NavSource; USS Ozbourn Association; CourtListener opinion sweep; VA BVA archive; NARA/DPLA deck-log index; NHHC command-operation-reports probing (not digitized) [other_primary]
- Locator
- search_ledger rows sl-uss-ozbourn-dd846-01 through -10
- Finding type
- historical_record
- Finding
- No ship-specific asbestos-materials record located beyond the litigation record: no ACM survey, abatement contract, materials inventory, or hazmat disclosure for DD-846 exists in the public sources searched. The hull was sold for scrap 1 Dec. 1975 and broken up at Tacoma - before the abatement-record era - so no post-service survey trail is expected. Ship-specific exposure documentation consists of the Goldsby stipulation (ev-01) and the BVA grant (ev-02).
- 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 - era-consistent insulation is documented for this hull only through litigation records. Does not establish that asbestos is or is not present in any quantity; does not establish or defeat any individual claim of exposure or legal eligibility.
- Atlas source
- true
- Evidence ID
- ev-uss-ozbourn-dd846-10