often at the time and they said the navy had a need and the need was to bring him on to active duty and the benefit of that bargain for commander loughlin was that he was about to get the correct time  r coming on to active duty which is different from what would normally be the case so the navy's benefit was they had a manpower just as described in the record and they needed to bring on a sailor in this math of nine is a correct so there is if you do four plus you know three plus one if you if you do the math or are then then the math would not change so the issue is not about t and if you look at it subsection six tax six tax three tacked two which is the civilian facility provision it is silent on whether or not  saying is that as a matter contra the government agreed to allow these to go concurrently and that that's not heard of regulations because the regulation doesn't say anything about the current consecutive statement yes your honor the sport of regulation doesn't and that the ten u s c twenty one twenty three does provide for the service secretaries to waive obligations so as to its within this secretary's discretion how they are going to  implied in fact contrary to their right yes right and you believe that you couldn't sustain your contract theory based on promises made to you yesterday and you believe you've got some evidence showing that it leads to people who are now wrong yes right because some of what the regulation address of the suborder regulation talks about what you can do on waivers and what you can do with obligate in talk or forget about that just as a rest my question my question is your ar specifically the the issue that is presented in the facts in this case that it's not answering my question do they deal with concurrent versus consecutive there is language that addresses concurrent and consecutive but on it as a relates to civilian facility it is silent as to whether it could be concurrent work in seconds so the authority is delegated to the service secretaries they can determine how they are going to manage their manpower strength there are certain benefits bonuses you know their courses well where the history of it recruitment bonuses incentives we're talking about professional we're talking about a little bit of a different discussion whereas a regular contract person would come in and this is not just for years and go it's we're trying to bring a medical professional because there's an acute need so at the time of the benefit of the bargain we conclude that the regulations say that it can't be concurrent how can it be a contract could vary what's provided in the regulation that schism because in schism you're talking about is there authority right to do the thing that you're doing and so what i am suggesting is the federal statute which is a government that does grant the service on our page fourteen and so this is under the heading minimum tata terms of service and a t o as for health professional officers thank and then it goes to in civilian facility so as the commander was and current at the time he was in a civilian facility doing his training so when we approached him to negotiate this that he was in a civilian facility continuous training so as a member subsidised by the department of training civilians or facilities showing current a t o one of them goes through the math then the service of the secretary of the military department may permit the last half of the incurred obligation to be satisfied by service and the selector reserves for a time period equal to the  remaining a t o and that's all it says and so the what they did in this particular case is not addressed by the regulation and that is the if the section that addresses his service in the civilian facility are and so and then so then you say does the service secretary have the authority to do what they did in this case no it's not a question of whether the service authority is it's a question of whether the particular individuals that you say internally each of their departments and then the secretary of the navy has delegated that authority to the head or the chief of the naval department and the chief of the naval department in the record as reflected is the one who granted the authority for commander loughlin to be transferred from his civilian status on to active duty status because normally you would have to apply for a board and crennel often did not do that he did not say i want to do this he didn't solicit this from the navy the navy went to him and said we need you to do this and this is the benefit that so did you i'm just confused did you make this particular point in your brief and our where exactly that the brief focus your honor was on the fact that after the b c are made their decision additional evidence was you  and if we look at the discussion that was had in the original petition and we look at the additional evidence we believe that the board's reconsideration of the additional evidence the avenue of wagner's discussion back and forth with mr woods the issues workers should first of all she came up with two or three different calculations for the number his idea and then she originally said i do agree that he should be does not need to remain from this court or the court of federal claims to get before the beaches are ok so one of the regulations tell us about concurrency and somebody that's referring to all the period of service he's talking about here he knows me as several he's gone to school named for a couple highly goes play for one year and then they go someplace else yes it is all of that service governed by this regulation yes is there any and this regulation stage on its face right that no portion of they have a service can be satisfied concretely with any interactive news service or in the obligation incurred correct and we believe the no that begins that no portion is global is in compassing so unless there is an exception there is an exception for training performed at a military facility for their life and did not do so if we're going to go to the ability to contract outside the scope of these regulations we just talked about to determine someone's ability to contract in contradiction to the regular thank you that is where he's going to go yes in contradiction to the one exception we haven't talked about but judge lefkow cites ten u s c twenty five provides generally the secretary made require written agreements from service members as a condition of i would say look back at the statute ten u s c twenty five it stipulates that the agreement shall include the type of training that's going to be received in that day and that there will be an active duty payback obligation service member has  subsection eight to provides that if the service member fails to clear the education that service member still has to fulfill the active duty obligation service subsection three if the service member doesn't complete the active duty or doesn't started b as in boy it says that these written agreements that can accompany service for training arrangements they have to stipulate what the active duty repayment obligation is going to be and secretary has some latitude unless there's any radio will be satisfied concurrently for training in a military facility and consecutively for training of civilian facilities at the conclusion of the training program so references the regulations and drugs that distinction between what location you perceiv is this is one of them for is several different types of trainings i believe that this one this one contract was not signed however he did receive all of his training and he has sure you we would have it exceeded so that we do as a normal course some decisions from this court as far back as i said knowledge that that is our normal practice but that didn't happen but there's nothing in this new ter think the law that says we shouldn't presume what another body has discretion i guess to to do if they reconsidered it i suppose there's every no contract he was the first one there's no precedent for the process and they're not going to have the paperwork to accompany it and so the contract that the government was just referring to is the fellowship contract which came some time later so the issue of the a t o this is addressed here in the doings so converting from civilian status to active duty status not the later on fall fellowship contract which is also not signed and if the court saw in the record that you know they later on  and ten when he's asking about this they inform him that his date is exactly what was promised which is the concurrent payback authority and then as far as the authority to bring or give the approval to brick come on to do instruction that's human instruction fifteen twenty track forty one which says that the applicants for ga training are selective of the annual doings board or approved by the chief of the naval den of course so the chief of the naval donna corps the one who reached out to a command often and then negotiated this issue as it relates to the a t o clarity or whether these are all addressed if we look at the appendix thirty five which is  from the surgeon general it goes through a very detailed discussion about the fact that the a t o determinations are a very confusing issue it says there are many factors involved in concurrent with the residency obligation so this is the person that is in charge for the nabi of making the interpretation and the and determining his obligation any comes out very close to what commanders loughlin was asserting