23 March 1948
From: Chief of Naval Personnel.
To: Lieutenant LaFayette R. Hubbard, USNR,
North Hollywood, California.
(a) Your letter of 10 March 1948
(b) Section 302, Servicemen’s Readjustment Act of 1944, as amended.
1. By reference (a) you request retirement for physical disability.
2. By reference (b) the Secretary of the Navy is directed to establish boards to review, at the request of any officer retired or released from active service, without pay, for physical disability pursuant to the decision of a retiring board or a board of medical survey, the findings and decisions of such board for the purpose of further adjudicating his right to retirement for physical disability. In carrying out its duties under this section such board of review shall have the name powers as exercised by the board whose findings and decisions are being reviewed.
3. To warrant retirement for physical disability an officer of the Navy or Naval Reserve must be permanently incapacitated for active naval service. It is to be expected that many of the officers who served in the Reserve components during the war will have aggravated a previously existing defect to a disabling degree or may have suffered a disease or injury in the service which causes a partial disability even to the point of providing a more or less serious handicap in the resumption of normal civilian activities. These officers are eligible to receive compensation from the Veterans’ Administration; this was the obvious intent of Congress in providing for such compensation. An officer may not be considered for physical disability retirement, however, unless his physical incapacity is the result of an incident of the service and such that he is incapable of performing his duties at all, or in other words, he must be unable to perform them as to reasonably fulfill the purpose of his employment.
4. A review of your record indicates that final action on the Board of
Medical Survey which considered your care on 10 September 1945 found you to be fit for duty ashore, You were examined as an incident to your separation processing on 6 December 1945 and again found physically qualified, and in view thereof it does not appear that you have incurred incapacity for the navel service while serving on active duty in the Naval Reserve.
5. Despite the foregoing, however, you are legally entitled to a review of the Medical Survey Board proceedings in your case under the provisions of reference (b) to further determine your right to retirement, and you should submit such request to the Chief of Naval Personnel if you so desire to exercise your legal right.
The stamped envelope forwarded with your letter is returned herewith.
F. S. Keeler,
Board of Medical Survey
North Hollywood, Calif.
March 10, 1948
Bureau of Naval Personnel
Washington, 25, D.C.
Please send me the proper forms for my appearance before a board of medical survey for retirement purposes.
The Veterans Administration advises me of this procedure and states that I must have the forms from you in order that I may make them out and submit them as your routine requires.
You may require the following data:
LaFayette Ronald HUBBARD
Lieutenant, D, USNR, (inactive)
File No. 113392
Entered on Active Duty Nov. 24, 1941
Separated to inactive duty February 16, 1946
Born Tilden, Nebr. March 13, 1911
I enclose a photograph of my discharge orders from the hospital and separation from the Navy.
Also enclosed is my letter from the Veteran’s Administration awarding me 40% disability for compensation purposes (in photostat form) as of February 26, 1948.
I have also enclosed airmail envelope, stamped and self-addressed to expedite receipt of your forms and anything you can do to help me in this will be greatly appreciated.
Yours very truly,
LaFayette R. HUBBARD
Encl. 1 cc.
Photostat VA letter Feb. 26,1948
Photograph separation orders
1 airmail self addressed envelope
In view of your general service classification and since reference (c) found you physically qualified for limited shore duty only, you are not considered physically qualified for promotion and the authority for your appointment to the rank of Lieutenant Commander under the terms of reference (d) has termi[nated].
By endorsement to reference (c) this Bureau modified the recommendations of the Board of Medical Survey and the Bureau of Medicine and Surgery, and you are to be released from active duty since your services are not required in your
Therefore, no action will be taken to effect your promotion prior to your release from active duty.
Your attention is invited to A1Nav 346-45.
JAS. T. SMITH