Well, what happened? The commanding officer of that hospital backs these squirts up in the corner and says, "Here is the kind of testimony you give." I think you will get that information firsthand if you send your investigators out. Mr. ELSTON. Have you had any of those cases come to your personal attention? Colonel BOYER. I can turn our file over to you. They come in almost every day to talk it over. I have had at least half a dozen enlisted men this week that are coming before a retiring board before long and asking for advice and telling how they have been treated in the past. We have a disability file that thick [indicating] letters from all over the United States. It is not an isolated case. If it were, that would be a horse of another color. But there have been too many. In other words, let us take a Regular and a Reserve. Say they are 45 or 50. One has had 5 or 6 years, the other put in 25 years. They have one of the diseases of the circulatory system. The Regular will be retired without question. In the other case they say it is a disease that develops with age. The medical examination shows it existed prior to coming on duty. There is nothing to show it existed prior. Nobody could take an oath and say that if you had left that man at his desk in civilian life that disease would have come about. The chances are it would not. To deny him I don't think is playing fair. Mr. ELSTON. Any further questions? Mr. Philbin? Mr. PHILBIN. No questions. Mr. ELSTON. Thank you. The committee will recess for the day, to meet tomorrow morning in room 313-A. At that time we are going to have as witnesses some non-Regular officers and would like to have representatives of the Surgeon General's office present with their records. They have been notified what witnesses will appear, so they are prepared to bring those records, and we would like to have them on hand tomorrow. General DAHLQUIST. At this time I would like to supply for the record the Department of the Army's statement covering Captain Leupp as cited by Colonel Boyer. (Department of the Army statement with respect to Capt. Francis L. Leupp, Infantry Reserve, as mentioned in the statement of Col. C. M. Boyer, on page 369 of the hearings dated February 25, 1948:) Subject: Capt. Francis Lewis Leupp, Infantry, 0350242, March 8, 1948 1. This officer met an Army retiring board at McCornack General Hospital, May 23, 1946, and was found not permanently incapacitated for active service and 6 months' temporary limited duty was recommended. 2. He again appeared before an Army retiring board at Letterman General Hospital, August 26, 1947, continued to September 16, 1947, and was found not permanently incapacitated for active service. 3. He was physically disqualified for enlistment on January 16, 1948. This man sustained an injury March 28, 1942, in the gymnasium at Fort Benning. He was later found to have a compression fracture of the seventh and ninth dorsal vertebrae. He was returned to duty and except for backache no difficulty until October 1945. Then he developed pain extending down his leg and was admitted to the hospital. A diagnosis of sciatica was made. 4. This man was found by two retiring boards to be not permanently incapacitated for active duty, and would have been returned to duty had he been in a category calling for extended active duty. 5. Subsequently he was rejected for enlistment because of history and largely because of subjective complaints. 6. Requirements for enlistment or recall to active duty are not the same as for retention on active duty. The enlistment is a new appointment and physical standards are those for appointment with due consideration given those with prior service. Motivation is important. Individuals with disabilities similar to this would be accepted if so motivated that they could be expected to perform the duties of the new appointment. (Whereupon, at 11:55 a. m. the committee recessed until 10 a. m. Thursday, February 26, 1948.) INVESTIGATION OF DISABILITY RETIREMENT SYSTEMS IN THE ARMED SERVICES THURSDAY, FEBRUARY 26, 1948 HOUSE OF REPRESENTATIVES, The subcommittee met pursuant to adjournment, at 10 a. m., Hon. Charles H. Elston (chairman) presiding. Mr. ELSTON. The committee will come to order. This morning the committee is going to hear from some officers who are disabled. We will hear testimony with respect to their particular cases. Our first witness will be Capt. Frederick J. Bready. Is Captain Bready in the room? STATEMENT OF FREDERICK J. BREADY, NORTH WILBRAHAM, MASS. Captain Bready, will you please state your full name and your address? You may be seated, sir. Captain BREADY. Thank you, sir. Capt. Frederick J. Bready, Boston Road, North Wilbraham, Mass. Mr. ELSTON. Where are you now located, Captain? Captain BREADY. I am a patient at Walter Reed Hospital. Mr. ELSTON. How long have you been a patient at Walter Reed? Mr. ELSTON. When did you enter the military service? Mr. ELSTON. Would you state in your own way just what your service was from the time you entered up until the present time? Captain BREADY. Yes, sir. Re I was ordered to active duty January 29, 1942, as a private. ported to Fort Niagara, N. Y. Status at this time, married with three dependents. Age 32. Transferred to Camp Croft, S. C., February 5, 1942, and to Fort Benning, Ga., approximately April 1942. Promoted to staff sergeant from private and received commendation from Chief of Ordnance. Completed warrant officer's examination at this post but did not receive my appointment until December 7, 1942. Physicals for warrant officer examination and overseas examination together with all previous examinations show my physical condition to be excellent, with no ailments that could reflect on my later condition. 1. Received my appointment as first lieutenant March 23, 1943, while in Africa. 2. In October of 1943, while completing a mission as directed by the theater commander, I was involved in a severe plane crash at Palermo, Sicily. I was treated by medical officers of the Thirtyfourth Air Depot Group and after completing my mission returned to Africa for further duty. Advised at this time to keep my back well supported and not put any unnecessary strain on it. Continued with the dispensary at Oran, Africa, to keep it strapped as directed. In Naples, Italy, after several trips to Fifth General Dispensary, I was ordered to the One Hundred and Third Station Hospital for X-rays and treatment. No X-rays taken and a test for stomach ailment was made and as the result of that I was requested to be immediately discharged from duty. I might interject that my entire operation from the time I went overseas was that of an ordnance technician. In the States I worked in the Ordnance until I took over as adjutant for the organization that I went overseas with, with the understanding that I would be relieved as adjutant upon arriving in the theater and resume my work as ordnance technician. After discharge, I continued to have my back cared for by the Fifth General Dispensary. Remained active, performing my duties and was eventually rotated to the zone of interior June of 1944, arriving in United States approximately July 10, 1944. After my normal 21-day leave after return from overseas I was assigned as assistant provost marshal, Camp Shanks, N. Y., approximately September 1944. Duties of light nature because of my physical condition. Received out-patient treatment here for back, at station hospital at Camp Shanks. I collapsed, unconscious, April 20 and returned to my quarters, with assistance Mr. JOHNSON of California. I suppose you mean 1945? You did not give the date. Captain BREADY. That is right, 1945. Returned to my quarters where, after 10 days of illness, admitted to station hospital, Camp Shanks, where a diagnosis of mild yellow jaundice was made. Held in quarantine here until approximately August, 1945, at which time I was transferred to Fort Jay, Governors Island, N. Y. Requested after approximately 30 days here that I either get some treatment or discharge me. I was advised that I had better make up my mind that I would be in the Army for a long time as there was nothing further they could do for me, that my injuries and my liver condition were of a permanent nature. Two days later transferred to Camp Upton, N. Y., for recuperation. On arrival here, I was advised that they had sent me to the wrong post, that I should be in a general hospital. Seven days later after requesting to be sent to Cushing General Hospital, I was transferred to Fort Monmouth, N. J., regional hospital. Mr. ELSTON. Captain, right there, you stated that you were advised your condition was permanent and that there was nothing further that could be done for you. Who made that statement to you? Captain BREADY. The medical officer in charge of the ward at the time I was a patient, sir. Mr. ELSTON. All right, proceed. Captain BREADY. December 6, 1945, after extensive work-up and with the disposition board recommending that I be retired, I appeared before an ARB. Decision of ARB was that more tests and examinations should be made to enable the board to arrive at a definite finding. December 14, 1945, I again appeared before an Army retirement board and retirement was recommended with a diagnosis of (1) strain lumbrosacral, moderate chronic; (2) coccydinia, moderate chronic, accidentally incurred October, 1943-in line of duty-yes. Also at this time it was noted that I had a noticeable limitation of motion. I think I should state, gentlemen, that these are extracts from the retirement board proceedings; not my own. Eighty-eight days later the Surgeon General returned my proceedings for a revaluation. Ordered to Halloran General Hospital, Staten Island, where I was again given a very extensive work-up and presented to the Army retirement board April 23, 1946. Diagnosis at this time was "strain lumbrosacral chronic moderate. with a 50 percent limitation of motion of flexion of spine and pelvis (bending over) with moderate severe pain on extremes of all other motions. Straight leg raising test limited to 80 degree bilaterally. This Army retirement board recommended retirement. The Surgeon General disagreed with this recommendation and I was again ordered to Halloran General Hospital for another board. Appeared before the board on the 21st of June, 1946, and again retirement was recommended. At this time diagnosis (coccydinia, moderate chronic) was deleted because condition was considered symptomatic. The balance of the diagnosis remained except that the degree of limitation of motion had increased as follows: 50 percent limitation of extension and 50 percent limitation of flexion with pain on extremes of all motions. Straight leg raising limited to 75 percent bilaterally with pain radiating down both thighs. Rotation of body on pelvis, painful, with pain radiating down both thighs. There was also an existing muscle spasm of the erector spinae muscles on alternate standing on either leg. In a prone position, flexion of spine is painful. Cross leg test painful. Knee bending with great difficulty. This board also recommended retirement. The Surgeon General again disagreed with this recommendation and I was again ordered to Halloran General Hospital August 26, 1946. Physical examination at this time was essentially negative except for pain in extremes of all motions of bank. NP consultation on September 3 as stated in board proceedings reads: NP clearance given and no evidence of functional disease noted. He has X-ray findings and physical findings consistent with an organic disease. At this time, no diagnosis was actually made and only a recommendation that I be placed in a brace and discharged to 6 months tem |