In view of the above, it is my opinion that the proceedings of the Naval Medical Survey Review Board in this case are not legal; accordingly, it is recommended that the proceedings, opinion, and recommendation thereof be disapproved.
The fact that these proceedings are invalid does not jeopardize the right of the officer concerned to have his case considered by a legally constituted Naval Medical Survey Review Board and it is further recommended that such a board be directed to consider this case and to advise Lieutenant Hubbard of the time and place of meeting in order that, if he so desires, he may appear in person or be represented by counsel before the board.
(signed E. E. Woods)
Assistant Judge Advocate General of the Navy
The record of proceedings of the Naval Medical Survey Review Board in the case of Lieutenant LaFayette R. Hubbard, U. S. Naval Reserve, was transmitted to the Secretary of the Navy, and by him laid before the President for his approval or disapproval, or orders in the case, with the recommendation that the proceedings, opinion, and recommendation of the board be disapproved.
On 216 FEB 1949 , the President disapproved the proceedings, opinion, and recommendation of the Board in this case.
F. X. Driscoll
For Judge Advocate General of the Navy
File/Ref. No.: OMPF-LRH-03-102-105