- Referred for information and return.
- Please take the necessary action in the premises.
F. X. Driscoll
Naval Medical Survey Review Board
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
3. After a thorough review of the record and careful consideration of the case of Lieutenant LaFayette R. HUBBARD, D, U.S. Naval Reserve, 113392, (Inactive), including the record of proceedings of the Naval Medical Survey Review Board dated 11 June 1948, the appearance and argument in his behalf of his representative, Dr. H. C. micAD., Medical Consultant, Veterans of Foreign Wars of the United States, Defense Building, 1026 Seventeenth Street, N.V., Washington 6, D.C., before this board on 14 December 1948 in the absence of Lieutenant HUBBARD, and the report of special medical examination by the. Naval Hospital, St. Albans, New York, dated 19 November 1948, the Retirement advisory Board recommends that the opinion and recommendation of the Naval Medical Survey Review Board dated 11 June 1948 be disapproved and that, Lieutenant Hubbard be authorized to appear before a naval retiring board.
3. Please inform the Retirement Advisory Board, Building T-3, Room 2002, Navy Department, Washington 25, D. C., promptly if you desire to submit additional documentary evidence as to your present physical condition and whether or not you desire to appear in person with counsel, or in your absence to be represented by counsel, before this Board at the hearing of your case.
1644 No. Hill St.
July 1, 1948
From: LaFayette Ronald HUBBARD, Lieut. (D) USNR (inact) 113392
To : The Secretary of Navy.
Via : The Chief of Naval Personnel.
Subj: Appeal of decision of the Naval Medical Survey Review Board to the Retirement Advisory Board – request for.
(a) Letter from the Naval Mod:cal Survey Review Board dated June 14, 1948, EXOS:NMSRB:WFEL:CAC:jmp.
(b) My letter to the Secretary of Navy via Chief of Naval Personnel requesting above subject appeal dated June 21, 1948.
1. It is my desire that the Veterans of Foreign Wars represent me should a hearing be granted my case and when the case has been docketed for a hearing and that the Veterans of Foreign Wars be officially designated as my representative in this matter.
LaFayette Ronald Hubbard
End-1 on ltr from Lt. LaFayette Ronald Hubbard, USNR, 113392, dated 1 July 1948.
12 July 1948
From: Chief of Naval Personnel.
To: Secretary of the Navy (Retirement Advisory Board.)
Subj: Appeal of decision o] the Naval Medical Survey Review Board to the Retirement Advisory Board – request for.
(a) Letter from the Laval Medical Survey Review Board dated June 14, 1948, EXOS: NMSRB:WFEL:GAC:jmp.
(b) My letter to the Secretary of the Navy via Chief of Naval Personnel requesting above subject appeal dated June 21, 1948.
RECORD OF PROCEEDINGS
NAVAL MEDICAL SURVEY REVIEW BOARD
CONVENED AT THE
BY ORDER OF
THE SECRETARY OF THE NAVY
To review the release from active service of Lieutenant Lafayette Ronald Hubbard, U. S. Naval Reserve (Inactive), without pay, for physical, disability pursuant to the decision of a board of medical survey.
June 11, 1948
Washington, D. C.
Friday June 11, 1948
The Board met at 1:00 p.m.
Captain William F. E. Loftin, Medical Corps, U. S. Navy, President;
Captain Howard K. Sessions, Medical Corps, U. S. Navy, Member;
Commander John A. Moreno, U. S. Navy, Member;
Commander Reginald R. Rambo, Medical Corps, U. S. Navy, Member;
Lieutenant Colonel Deryle N. Seely, U. S. Marine Corps, Member; and
Lieutenant (jg) Charles A. Carroll, Medical Service Corps, U. S. Navy, Recorder.
The reporter, Julia Prosnick, and Mr. Charles E. Weickhardt of the Veterans of Foreign Wars organization, representative for the petitioner, Lieutenant Lafayette Ronald Hubbard, U. S. Naval Reserve (Inactive), entered.
The precept, copy prefixed hereto, was read.
By statement over his written signature in the petition, copy appended marked Exhibit 1(1) and 1(2), the petitioner indicated that he did not desire to appear before the Board in person and designated a representative of the above-named organization to appear in his behalf.
The following was read: A letter, dated May 19, 1948, signed by Otto C. Richter, with attached copy of an undated letter, signed by G. J. Walsh, copy appended marked Exhibit 2(1), 2(2), 2(3) and 2(4).
President of the Board:
This is the case of Lieutenant LaFayette Ronald Hubbard, which has been certified to this Board by the Chief of the Bureau of Naval Personnel. We have carefully reviewed the medical and service records and are now ready for any additional statement or evidence you may wish to present.
Counsel has no additional evidence to offer in this case. I would like to call your attention to the fact that the only inference to this so-called duodenal ulcer was confirmed in September of 1945. There is nothing indicating, that Mr. Hubbard has been in a hospital recently, and it is my opinion that before this Board takes any definite action one way or another it would be acting in the best interest, not only of the applicant but of the service, to find out just exactly what his present condition is. I would recommend that the Board exercise its prerogative to authorize his admittance to a naval hospital for appropriate studios. That is all I have to offer in this case.
Petitioner’s representative questioned by a member of the Board:
1. Q. It is noted that a statement accompanying Mr. Hubbard’s petition, copy appended marked Exhibit 1(2), states that he spent the ensuing year in a civilian hospital at his own expense. It is presumed that he means immediately following his release. Has he furnished you with any evidence of such hospitalization?
A. He has not. All that I have is an outline of an examination conducted by the Veterans Administration, showing the various
ratings with the dates, copy appended marked Exhibit 2(1), 2(2), 2(3), and 2(4), but there is nothing showing that the Veterans Administration actually hospitalized him. I don’t know and couldn’t find in the record that any such information is available to the Board. For instance, on February 13, 1946, the Veterans Administration received from him an application for compensation based on the following: Duodenal ulcer; pains in side; headaches; eyes; rheumatism (Reiters Disease); left knee sprain; conjunctivitis, active; arthritis, right hip and shoulder; recurrent malaria (see Exhibit 2(2)). On February 12, 1947, the Veterans Administration assigned the following ratings based on two Veterans Administration examinations and a letter from Dr. Walsh: Ten per cent rating from February 17, 1946, for duodenal ulcer; ten per cent rating from February 17, 1946, for bursitis, calcified, right shoulder; ten per cent. from February 17, 1946 until December 10, 1947; and a twenty per cent. rating from December 12, 1947 for right hip, dorsal spine, and recurrent myositis. Then they rerated him and from February 17, 1947 to December 10, 1947 gave a combined rating of thirty per cent., and forty per cent. from December 12, 1947 (see Exhibit 2(3)). The whole thing as it stands today amounts to a forty per cent. combined rating, which he is receiving; on his various disabilities that the Veterans Administration presumably found to be of service origin. To my mind, gentlemen, the Navy doesn’t have sufficient evidence or information that the duodenal ulcer is disabling for the performance of naval duty.
I cannot offer anything else, gentlemen. I am merely interested in this applicant receiving the benefit of the doubt.
The petitioner’s representative desired to make no further statement.
No member of the Board desired to question further the petitioner’s representative.
All persons not members of the Board were excused from further attendance.
The Board is of the opinion that the defect for which the petitioner was medically surveyed, namely, ulcer, duodenum, is not the result of his own misconduct, was incurred in the line of duty, did not exist prior to his appointment as an officer in the U. S. Naval Reserve, but that this condition is usually remediable and does not permanently disqualify the petitioner for useful active duty in the naval service.
The Board, therefore, recommends that the petitioner be not authorized to appear before a naval retiring board.
William F. E. Loftin
Captain, Medical Corps, U.S. Navy, President
Howard K. Sessions
Captain, Medical Cords, U. S. Navy, Member
John A. Moreno
Commander, U. S. Navy, Member
Reginald. R. Rambo
Commander, Medical Corps, U. S. Navy, Member
Daryl. N. Seely
Lieutenant Colonel, U. S. Marine Corps, Member
Charles A. Carroll
Lieutenant (jg) Medical Service Corps, U. S. Navy, Recorder