Veterans Day, The Liberal Prospective

The U.S. Senate veterans Report on the Ref: [14] website almost says it all. Who’s been in power for the last 11 years? David H. B. Marshall, 12/5/05 28 Meadowview Rd., Wayland, MA., 01778, TEL: 508-877-0461

Emphasis & paraphrasing throughout.

IT IS AN 11 YEARS from the 1994 U.S. Senate?s stated (in accord with the U.S. Supreme Court?s 1987 STANLEY decision [5]) that: 1. The Dept. of Defense (DOD) be held accountable for their now 61 years from 1944 MANY ?EXPERIMENTS THAT WERE DESIGNED TO HARM?! And 2. The injured subjects should be allowed Judicial redress NOT prevented as an ?incident to service? [13]![14, pages 4 & 35 para. G.] IN 2005 STILL WITHHELD ARE A VETERAN?S PRIOR TO SERVICE RIGHTS THAT ARE GIVEN TO CONVICTED RAPISTS AND MURDERERS!![7] The 1973 National Personnel Records Center fire destroyed most of the experimental subject?s service documents. Congress?s 1974 Privacy Act censored all co-subject identity from those that survived. Suggested is that the post-1987 STANLEY restrictions effectively negate these 2005 to 1944 acts with now no Judicial Branch oversight. And as they are conducted under the cover of our nations anguish that THEY CONTINUE! Is a LOVED ONE SO INJURED on the attached list of 78? THEIR DELIBERATE HARM IS BY A JET-ENGINE SOUND PRESSURE EXPERIMENT:

Recorded in 1952 and published July 1956 is the at a radius of 50 feet 158 dB. ?Noise? level to a 176 dB. level F-86D?s General Electric (GE) J47 jet-engine in the DOD?s ?A Compilation of Turbojet Noise Data?![1] Documented by the USAF Physician’s 1/29/54 Cadet washout exam?s, “Had some trouble with hearing while working on warm-up crew for F86-D with very high noise levels.?[11] A for each 6 dB. increase in ?Noise? level sound pressure doubles, 60 dB. 0X NORMAL LEVEL, the 90 dB. 32X HEARING LOSS and the 130 dB. 3,413X JET-ENGINE INJURY American Medical Association criteria is in its Family Medical Guide 3d. Edition page 365. In 2005 still negated are the consequences of the recorded then known 1952 to 1956 certain injury of an unprotected jet-engine 87,381X (158 dB.) Sound Pressure Multiple to a 699,051X+(176 dB.) Multiple Subjugation![1] This then known certain injury is in direct disobedience of the DOD Secretary?s 1953 order.[2] Four years earlier, 1949, is just one example of the from 1936 Research & Developed (R&D) ?Noise? protections in the filmed initial flights of the 1st. commercial jet-aircraft the British Comet.[3] The U.S. Senate ?designed to harm? DOD then known from 1936 lesson learned means of certain injury is its 1952 ?Turbojet Noise? with its also 1952 preplanned 1955 ?ACOUSTIC NOISE CONTROL? [4]! The end result was a 6 years later version of the 1949 ?Noise? protection of a DOD 1955 ?EAR DEFENDERS? [4]! The non-consenting, subjects were disabled by repeated scientific protocol certain injury trials. Recorded are the experiment?s multiple overall trial results with the duplicated prevention of ?to harm?! Six months after the 6/25/87 U.S. Supreme Court STANLEY?congress is responsible for? DOD experiments [5] is the Code of Federal Regulations (CFR) VA 12/7/87 defective governing ?schedule…for? [DOD] ?disabilities? retroactive to 23 March 1956 ?Diseases of the Ear?. A Dept. of Veterans Affairs (VA) Title 38, Ch. 1, Part 4 finessing of the since 1936 jet-engine well known by 1949 cause & effects 1952 to 1956 DOD ?designed to harm? results. Which is a 12/7/87 after 156 years of R&D experience ?schedule? manipulation and omission of the known 1952 policy cause and its ?Ear? ?disabilities?, e.g., overlooked were 2,838 references from 1831 with hundreds of ?HEARING PROTECTION? citations prior to 1987!![16] Confirming that the errors and experimentations will not be addressed is the 12/8/88 established veterans court Chief Judge?s 1994 ?NO TEETH?,?The court may not review the schedule of ratings for disabilities or the policies underlying the schedule.?[8] Which means that there is not now or in the future a likely revisiting of the 6/25/87 U.S. Supreme Court DOD ?designed to harm? issue. The 1987 post-STANLEY result is a capturing of all experimental subjects within the VA?s unaccountable for ?policies? caused ?disabilities? must be exhausted administrative procedure.[15, Title 38, 511(a)] It is an 18 years later ?for the greater good end justifies the means? effective approval by a few in congress of all past, present and future ?EXPERIMENTS…DESIGNED TO HARM?! The means by which this no accountability is taken advantage of during the VA disability process is outlined in THE SUPPORTING RECORD. The 1994 U.S. Senate Report noted a DOD preventing from being ?associated with their military service? this from 1944 should be but to-date not corrected to harm experiments. This is duplicated by the VA?s Agency of Original 7/9/57 Boston, MA Jurisdiction (AOJ) during an ongoing 14 of 48 years, with no end in sight, of this subject?s four (4) of the Chief Judge?s ?if you don?t like it?appeal it?.[8] The 4th ?appeal it? is a 3/4/05 awarded Menieres disease 60% disability retroactive to 8/11/94 not 5/21/56. The AOJ laymen have refused to recognize that their 7/9/57 hearing loss 10% disability is only one of its ?CLEARLY ARE DOCUMENTED in his service record? [11] symptoms. They have not addressed, kept from their own medical personnel and the Board of Veterans Appeals (BVA) their 5/7/57 requested, stamped as 6/3/57 received 6/25/52 to 5/21/56 in-service record ?to harm? evidence. Ignored has been the from 1991 thirty eight (38) times submitted veteran retained 5/21/56 evidence. 48 YEARS LATER rediscovered were their 6/3/57 in-hand ORIGINAL typewritten service documents that were specifically medically witnessed, identified and on 8/1/05 recorded! A 2005 FIRST TIME VERIFICATION OF THE AOJ?S LAYMEN FROM 7/9/57 UNTIL 8/1/05 (NOTED ON 10/5/94 BY A VA CRIMINAL INVESTIGATOR AS MISPLACED) WITHHOLDING AND CONTRAVENTION OF BOTH THEIR OWN PHYSICIAN?S 6/26/57 ?NO VESTIBULAR FUNCTION? WITH ITS EXPERIMENT REVEALING USAF SURGEON HQ AARC 6/25/58 ?PERMANENTLY MEDICALLY DISQUALIFIED FOR MILITARY SERVICE?![11]

THE TEST GROUPS.

The USAF Test Group was the Tyndall AFB, Panama City, Fla., 3632nd. Sqd. F-86D Test Flight section.[11] The USN Test Group was at the Corpus Christi Navel Air Station, Corpus Christi, Texas.[3] The USAF Test Group was 3 – 5 teams. The cockpit man used earphones and a throat microphone, the two prime subjects on the ground had no ?Noise? protection. 1,000?s of other injured Tyndall USAF & Corpus Christi USN flight line personnel also were not provided with protection unlike for those at other bases, on aircraft carriers and at commercial facilities. German, British, Russian, Japanese and American films & literature document the 1936 to 1949 ?noise control? during the operation of ?Turbojet? aircraft, i.e., protecting changes in pilot headgear, for passengers and for flight line personnel.[3]

THE ?WARM-UP? EXPERIMENTATION TRIALS.

Under the deception of Test Flight preparation the F-86D was taxied to a remote section of the base and parked within the center of a circle. During many 1952-1956 trials the J47 engine was run from 87,381X through a range of throttle settings to the max. power of ?afterburner takeoff? at 699,051X+. A formal written procedure was on a board clipped to the leg while in the cockpit. The Crash/Fire Control Tower was informed of when at each designated throttle setting. The 2 on the ground unprotected primary test subjects performed visual ?hands on? inspection of different parts of the aircraft during the various settings, e.g., the 2-3 feet away from the J47 inspection of wheel well systems with the 1952 known 50 foot away lowest 87,381X setting vs. the 3,413X jet-engine injury and 32 X danger of hearing loss! The Base Control Tower was only contacted when going into afterburner and for permission to taxi. One source said, ?It isn?t a question of serious injury, but how much!? On the energy levels involved he stated, ?How many ?A? bombs does it take to kill one person!?

THE SUPPORTING RECORD.

One veteran representative committed suicide, a second was given early retirement and a third resigned. With their help and that of many others, a lesson learned was that not due to vision or extreme stress is persistent tinnitus and progressively worse ?dizziness?, ?disorientation?, ?nausea?, ?dry heaves? (sick&dizzy) attacks with ?difficulty with balance?.[11] Some of the veteran 5/21/56 retained and 1991 to-date many times submitted facts are: The 7/1/52 ?O/K for A/C? (Aviation Cadets) with perfect health including eye sight and hearing. Followed by the 11/20/52 acoustic trauma ?nausea? and ?Blurring? of vision unprotected jet mechanic?s training receipt of cause diverting ?reading glasses?. In direct disobedience of the DoD Secretary?s 2/26/53 order [2] a pre-Cadet jet-engine subjugation 8 DAY 5/27/53 to 6/3/53 sick & dizzy hospitalization. On 7/4/53 a concealing OK for flying exam. This is documented by the USAF Physician’s 1/29/54 Cadet Wing Commander washout exam?s, “Had some trouble with hearing while working on warm-up crew for F86-D with very high noise levels.? And the 2/1/54 ?it is unusual to find such a severe deafness?! DOD falsely recorded as a hospitalization for a ?4 DAY COLD? and ?NORMAL HEARING? on the 5/21/56 Separation from Service!

The after Cadet experiment continuation is proven by both of the USAF Physician?s 7/29/54 get him off the flight line memo! And the year later also ignored 7/21/55 do not expose to ?loud acoustic trauma?. On 5/7/57 the Boston VA Regional Office requested and stamped as 6/3/57 received the 6/25/52 to 5/21/56 in-service record ?to harm? [14] evidence. Then their own VA Physician?s 6/26/57 acoustic trauma resultant ?no vestibular function?. The 699,051 X+ sound pressure and consequences negation is by their VA RATING BOARD?s original 7/9/57 award of a 32 X hearing loss 10% disability. THIS IS VERIFIED BY: Their to-date ignored USAF SURGEON 6/25/58 ?permanently medically disqualified for military service? resulting from their physician?s directly submitted 6/26/57 evidence! A DOD covering up and disarming 1/29/59 Honorable Discharge, not medical, ?recommended for reenlistment? ?Yes?! In 1959 the continuing sick & dizzy attacks resulted in not realizing a third generation medical practice. A VA 6/9/65 noted jet-engine ?acoustic trauma? exam?s overlooked sick & dizzy complaints. Over 1,200 connecting facts, 12 DoD, & 13 VA, HMO audiograms with 40 exams establish these from 1952-1956 in-service attacks. Progressively worse increases in frequency, intensity & duration with ?dry heaves? resulted in going to HMO physicians their recommendations & the 1991 VA reopening of the 1957 case, e.g., a 3/7/94 HMO Menieres disease diagnosis. Then the 10 years HMO letter of 4/20/94 to March 1984 not vision related ?difficulty with balance?, ?dizziness? and ?disorientation?! On 8/2/95 a VA Hearing Officer certified the handed to him records [11] for review. The Boston VA ENT Chief?s 9/15/99 ?symptoms of Menieres disease CLEARLY ARE DOCUMENTED in his service record? with progressively worse consequences but ?no reliable treatment? for a VA 1/19/96 conducted, ?Destruction of the cochlear-vestibular system provides relief of symptoms.? which increased the ?difficulty with balance?. On 3/2/01 this ENT Chief?s noted ?service record? was laymen designated as not ?competent medical evidence? repeating their 6/27/96 rejection of a previous VA physician?s 2/2/96 in-service determination. The layman?s prior all in the mind 4/13/94 ?perceptive type hearing loss? negated both the physician in-service 2/1/54 ?severe deafness? and the 7/9/57 Rating Board?s awarded 10% disability for this one of many symptoms! The BVA on 1/24/02 confirmed the 7/9/57 RATING BOARD?s clear and unmistakable error by an in-service Menieres disease award but did not address the veteran 4/17/01, 4/30/01 & 5/24/01 submitted supporting record.. The VA ?schedule? 12/7/87 ?Diseases of the Ear? omits this 126 year known since 1861 disease with its also misidentified revealing symptoms NOT ?Diseases? of tinnitus, hearing loss and a ?Menieres syndrome (vertigo)?! A family of 11 physicians, RNs, LPNs and a Director of Medical Records is the foundation. This 72 year old prime subject?s after service Pre-Med. education, Management Engineering Degree with 44 years of R&D and claims experience accomplished insight. Time is on the cover up side.

REFERENCES:

[1] USAF PROJECT 7210 ?A COMPILATION OF TURBOJET NOISE DATA?, BOLT BERANEK & NEWMAN, INC. CAMBRIDGE 38, MA. Sound pressure levels for all jet-engines in-service. Conducted at Wright Patterson Air Force Base (WPAFB) DAYTON, OHIO in 1952. 1954 logged in as the 401st report for that year published as REPORT 54-401 July 1956.

[2] Top Secret, Sec. of the DoD 26 February 1953 ?NO non-consensual, human experiments? ignored Memo to the Sec.?s of the Army, Navy & Air Force. CC. DoD Joint Chiefs of Staff and the R & D Board; see page 343, ?The Nazi Doctors and the Nuremberg Code? by George J. Annas & Michael A. Grodin.

[3] The 1953 ?Benox Report? by H. W. Ades, Emory Univ. and at least 16 USAF & USN 1949 to 1956 ?CURRENT LIST OF MEDICAL LITERATURE? reports on jet-engine subjugation. Added German, British, Russian, Japanese, American films and literature on the from 1936 to 1955 R&D & production of jet & rocket engines with applicable ?ACOUSTIC NOISE? protection are in the public domain.

[4] USAF 1952 conducted PROJECT 7210 based ?Turbojet? sound pressure origin [3]: Wright Air Development Command TECH. REPORT preplanned in 1952 as NO. 52-204 published APRIL 1955, ?HANDBOOK OF ACOUSTIC NOISE CONTROL?, VOL. 1., SUPP. 1., AERO-MEDICAL LAB., WPAFB, DAYTON, OHIO. And the USAF SCHOOL OF AVIATION MEDICINE, PROJECT NO. 21-1203-0001, REPORT NO. 55-63, AUG. 1955, ?FIELD EVALUATION OF PLASTIC CUSTOM-MOLDED EAR DEFENDERS?.

[5] U.S. SUPREME COURT, JUNE 25, 1987, U.S. V. STANLEY, 107 S. CT. 3054 (483 U.S. PAGE 669). It addresses the ?congress is responsible? for the issue of a 1958 DoD non-consensual, human drug trials and other experimentations.

[6] National Institute on Deafness and Other Communication Disorders, April 1993 ?Update on Dizziness?.

[7] U.S. State Department, ?U.S. REPORT UNDER THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS JULY 1994, Article 7?.

[8] CHIEF JUDGE AND COLLEAGUE STATEMENTS, COURT OF VETERANS APPEALS, ANNUAL JUDICIAL CONFERENCE, FORT MEYER, VA., 17 & 18 OCTOBER 1994. http://www.goodnet.com/~heads/nebeker.html

[9] VFW magazine. December 2002, Project Shipboard and Hazard Defense (SHAD) Page 22.

[10] DAV magazine. September/October 2003 issue, Page 25.

[11] MEDICAL DOCUMENTATION. It includes 40 sets of USAF 1952-1956 in-service records with 11 medical exams & the names and serial numbers of 117 injured personnel. With the Boston, MA. VA Regional Office Physician?s 6/26/57 ?no vestibular function? and the resulting USAF SURGEON HQ AARC, 25 June 1958 ?permanently medically disqualified for military service?!

[12] BVA DOCKET NO. 94 – 43223, DAVID H. MARSHALL; 1/24/02 Board of Veteran?s Appeals 1952-1956 in-service ?schedule? omitted Menieres disease award.

[13] Feres v. United States, 340 U.S. 135, 146 (1950).

[14] U.S. Senate – http://WWW.MINDCONTROLFORUMS.COM/1994-ROCKEFELLER-REPORT.HTM

[15] http://www.law.cornell.edu/uscode/html/uscode38/uscsec3800000511—-000-.html ?United States Code (USC) Title 38, 511. Decisions of the Secretary; finality.?

[16] BIBLIOGRAPHY ON HEARING PROTECTION, HEARING CONSERVATION, AND AURAL CARE, HYGIENE AND PHYSIOLOGY. http://www.nonoise.org

FLIGHT LINE JET AIRCRAFT MECHANICS AT TYNDALL AFB, PANAMA CITY FLA. 1952 to 1956.

LAST NAME, FIRST NAME, AIR FORCE SERIAL NO.

APPLEYARD, WILLIAM L. 13 449 079 HURLEY, DAVID W. 12 404 241

BATES, JOE H. 15 494 516 IENSE, WILLIAM A. 15 479 741

BAVIS, HARRY G. 12 415 270 IRVIN, JAMES E. 16 418 669

BERRY, DENNIE 15 258 543 JANDRON, PAUL J. 21 301 262

BERSTRON, ELLERY D. 13 435 283 JONES, GLEN R. 14 461 286

BERTRAND, ROBERT E. 11 255 125 JONES JR., BOBBY 17 360 722

BONASERA, JOSEPH E. 15 483 745 JUNG, WESLEY E. 16 411 227

BONE, J. E. 14 472 383 JUSTICE, HERMAN M. 14 452 967

BRITTAIN, THOMAS W. 13 447 599 KEAN, RONALD B. 13 445 705

BUMPUS, JOE E. 23 029 079 KELLY, HAROLD R. 14 472 958

CADRETTE, EUCLID J. 12 413 469 KELLY JR., GERALD L. 13 432 309

CARNEY, JOHN F. 12 413 399 LARKOWSKI, GERALD G. 17 355 455

CLARK JR., CHESTER H. 14 466 073 LEWIS JR., FRANKLIN 13 435 401

CODORI, JOSEPH B. 13 448 426 LOCKIEY, REGINAID E. 13 438 068

COUNCIL JR., JAMES I. 14 462 043 LOGSDON, ELMO W. 15 482 662

CRISWELL, WILLIAM G. 17 354 196 LONG, EARL T. 13 434 463

DONALDSON, WILLIAM A. 14 461 332 LOVE, JERRY K. 14 462 527

DUESLER, JOHN H. 12 414 601 LYCAN, EDWARD S. 19 441 063

DUNBAR, LEROY W. 34 020 071 MARSHALL, DAVID H. 11 253 490

EWTON, JAMES E. 14 453 187 MORGAN, WARNER L. 14 456 816

FLENING, JACK E. 15 480 635 MULLINS, JIMMY A. 13 512 596

FRITZ, JOHN A. C. 24 640 937 MURPHEY, TALMADGE G. 14 462 360

GILIAM, JAT T. 15 482 630 MURRAY, WILLIE E. 14 456 355

GOMES JR., MANUEL F. 11 252 770 MUSGRAVE, PAUL I. 17 358 441

GONES, LEAMON 14 459 715 OGBORN, GLENN 14 438 675

GORE, WILLIAM R. 14 459 603 OTTLEY, FRANKLIN D. 19 410 160

GREEN, LEVI D. 12 413 297 RATHJEN, CHARLES 28 211 946

GUILA, MIKE J. 15 483 564 REID, BILLY G. 14 424 319

GUNSLAUS, DAVID W. 16 413 282 RICHARDSON, JAMES W. 13 429 058

HANDLIN, JAMES F. 17 360 724 SANDELL, PHILLIP R. 19 425 133

HARDING, JERRY L. 14 464 740 SEXTON, FRED B. 14 469 919

HARTER, JOHN E. 17 367 990 SHUMATE, RICHARD W. 13 428 826

HENDON, JAMES 18 420 423 VOLLENTINE, DONALD R. 12 415 279

HENDON, JAMES H. 18 420 425 WALLER, GLENN R. 17 317 517

HIGNUTT, JESSE L. 13 434 703 WHITE, SAMUEL L. 14 472 413

HILL, RAY S. 14 451 229 WOOD, LEONARD F. 14 387 094

HINSON, BERT L. 14 474 204 ZIEGLER, CARL P. 11 266 421

HIRSH, DONALD H. 27 963 906

HODGE, JAMES F. 18 420 379

HOWARD, ROY W. 14 451 324 HOWARTH, WALLACE R. 23 821 884