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David H. Marshall

A VA vote responsible issue. 19 MARCH 2006 A BETRAYED?
In “LESSONS SPANNING HALF A CENTURY” [2] U.S. SENATE 8 DECEMBER 1994 DOCUMENTED IS: 1. The from 1944 many Dept. of Defense (DOD) “designed to harm” non-consensual, injury experiments carried out on military personnel. And 2. A recommended remedy. In July 1994 Stated Is That Such Remedy Is Given to Convicted Rapists & Murderers![4] Yet in 2006 Still Withheld Are Those Rights That a Loved One Had Prior to Service!! PLEASE VOTE YOUR VIRGINIA MEMBERS IN THE U.S. CONGRESS ACCOUNTABLE FOR THE REPORTED NOW SIXTY TWO (62) YEARS OF DOD “EXPERIMENTS...DESIGNED TO HARM”. Specifically those herein listed on the U.S. Senate and U.S. House Armed Services, Veterans and Judicial Committees!!
The 1973 National Personnel Records Center fire destroyed most of the past subject’s service documents. Congress’s 1974 Privacy Act censored the names of all witnesses from surviving and future records. ‘Congress is responsible for’ DOD human experiments is a 5 to 4 U.S. SUPREME COURT 6/25/87 STANLEY decision![1] It resulted from a follow-up to 1958 DOD injury trials. “THE COURT MAY NOT REVIEW THE SCHEDULE OF RATINGS FOR DISABILITIES OR THE POLICIES UNDERLYING THE SCHEDULE.”, or Cause and Effects (C&E), is the Veteran’s U.S. Court Chief Judge’s 10/19/94 statement.[6] A 12/8/94 U.S. Senate STANLEY response [2] is: 1. That there be accountability for the DOD now 62 years from 1944 MANY “EXPERIMENTS THAT WERE DESIGNED TO HARM”! And 2. That the injured subjects be allowed a Judicial redress NOT be prevented as a from 1950 “INCIDENT TO SERVICE”.[3] Reported is these subjects are DOD prevented from recognizing that the “TO HARM” is “associated with their military service”. As after the 6/25/87 STANLEY prior to the 12/8/94 Report duplicated by a few in the U.S. Congress through the Dept. Of Veterans Affairs (DVA) military disabilities and lower level U.S. Courts procedure. This is demonstrated by their giving to the Secretary of the DVA the final authority on questions of law; 511(a)![5] A result is their 6 years earlier 12/8/88 established severely restricted “may not review” “designed to harm” C&E U.S. Veteran’s Court. “SCHEDULE” omitted are: 1. The at-the-time recorded exposing “to harm” causes with their who, what, where and when means. As accomplished through multiple “designed” injury trials. 2. The not identified each of the many experiment’s initial “disabilities” that underlie the then DOD protection. And 3. The now no follow-up 62 years of lessons learned! This key revealing C&E evidence is missing for medical diagnostic, disability and treatment purposes. Prevented during the process is a victim alert. The experiment specific evidence is not addressed throughout their greatly extended must be completed process, i.e., within the 1st level local DVA Regional Office and at the 2nd level Board of Veterans Appeals. Then the Chief Judge’s stated no Judicial Branch C&E review at the 3d. level special new veteran’s U.S. Court. After this court’s Final Decision the 4th level only U.S. Court then accessible is also issues restricted! There will be no repeating of the Stanley to the U.S. Supreme Court C&E bypassing of the process. Canceled is any INDEPENDENT checks and balances review of the Executive Branch (DOD, DVA et al) acts and the lower level Judicial Branch restraints. Avoided is a revisiting by the U.S. Supreme Court of the 6/25/87 STANLEY DOD “INCIDENT” as the deliberate “DESIGNED TO HARM”! Congress’s few have captured every DOD experimental subject. All within their procedure that NOW in 2006 is not accountable for the “designed to harm” destroyed and missing evidence. A JUSTICE DENIED, for the greater good end justifies the means approval of our loved ones as PAST, PRESENT AND FUTURE in-service guinea pigs. They are conducted under the secrecy cover of our nation’s continuing wars.[2]
How Congress’s few no accountability is carried out is well demonstrated, without 2nd level end, by a DVA ongoing 15 of a 49 years negation of a jet-engine experiment. With its judicial “may not” be reviewed then known certain injury unprotected sound pressure 87,381X to 699,051X effects![7] 8/1/05 rediscovered were their 49 years later original 6/3/57 DVA received 1952 to 1956 service records. On 10/5/94 these were noted by a DVA Criminal Investigator as misplaced. A many times repeated Cause & Effects resulting to-date ignored USAF SURGEON HQ AARC, 25 June 1958 “PERMANENTLY MEDICALLY DISQUALIFIED FOR MILITARY SERVICE”.
REFERENCES:
[1] 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.
[2] “Is Military Research Hazardous to Veterans’ Health? Lessons Spanning Half a Century.” Hearings Before the U.S. Senate Committee on Veterans’ Affairs, 103rd Congress 2nd Session (December 8, 1994 REPORT 103-97)
[3] Feres v. United States, 340 U.S. 135, 146 (1950).
[4] U.S. State Department, “U.S. REPORT UNDER THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS JULY 1994, Article 7”.
[5] “United States Code (USC) Title 38, 511. Decisions of the Secretary; finality.” www.law.cornell.edu/uscode/html/uscode38/uscsec3800000511----000-.html
[6] CHIEF JUDGE AND COLLEAGUE STATEMENTS, COURT OF VETERANS APPEALS, ANNUAL JUDICIAL CONFERENCE, FORT MEYER, VA., 17 & 18 OCTOBER 1994.
[7] MEDICAL DOCUMENTATION. The veteran’s 21 May 1956 retained include 40 sets of USAF 1952-1956 in-service records with 11 medical exams & the names and serial numbers of 78 injured personnel. With the Boston, MA. DVA Regional Office Physician’s 6/26/57 “no vestibular function” directly submitted resulting DVA received and to-date ignored USAF SURGEON HQ AARC, 25 June 1958 “PERMANENTLY MEDICALLY DISQUALIFIED FOR MILITARY SERVICE”!

MEMBERS OF 2006 VIRGINIA U.S. CONGRESS HOUSE (H) AND SENATE (S) JUDICIARY, VETERANS & ARMED SERVICES COMMITTEES. LISTED BY SENATE THEN HOUSE COMMITTEES BY PARTIES FOLLOWED BY NAMES:

SENATE ARMED SERVICES COMM: R-JOHN WARNER.
HOUSE JUDICIARY COMM: D-RICK BOUCHER; D-ROBERT C. SCOTT; R-J. RANDY FORBES; R-BOB GOODLATTE.
HOUSE ARMED SERVICES COMM: R-JO ANN DAVIS; R-J. RANDY FORBES; R-THELMA DRAKE.

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