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A failue in the checks and balances within and between our branches of government.
David H. B. Marshall 28 Meadowview Rd., Wayland, MA., 01778, TEL: 508-877-0461
Emphasis & paraphrasing throughout.
2005 IS AN 11 YEARS from the 1994 U.S. Senate's stated DOD from 1944 MANY "EXPERIMENTS THAT WERE DESIGNED TO HARM"! In accord with the U.S. Supreme Court's 1987 5 to 4 designated responsibility [5] noted was that the DOD not be 'held harmless' [13] for such acts and that the subjects should be allowed Judicial redress. [14, pages 4 & 35 G.] Still prevented to-date!![15] IS A LOVED ONE ON THE ATTACHED LIST OF SEVENTY EIGHT (78) SO INJURED? They are in the Boston, MA., Dept. of Veterans Affairs (VA) ENT Chief's "clearly are documented in his service record"![11] In 2005 negated are the consequences of the recorded then known 1952 to 1956 certain injury of an unprotected jet-engine 87,381 X to 699,051 X+ sound pressure exposure![1] The 1973 National Personnel Records Center fire destroyed most of these subject's USAF 1952 to 1956 in-service documents. Congress's 1974 Privacy Act censored all co-subject identity from those that survived. 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] caused by:
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 is in the DOD's "A Compilation of Turbojet Noise Data" recorded in 1952 and published July 1956![1] 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 pages 364-366. An 87,381X Sound Pressure Multiple to a 699,051X+ Multiple Subjugation! As 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."[11] This then known certain injury is in direct disobedience of the DOD Secretary's 1953 order.[2] Four (4) years earlier, 1949, is one of the from 1936 Research & Development (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 from 1936 R&D injury preventing (used in tanks, in airplanes and on aircraft carriers during WWII to-date [3]) 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 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 51 years of R&D experience "schedule" manipulation and omission of the known cause and its "disabilities"! 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." confirms.[8] These no accountability restrictions are implemented by the Executive Branch's Board of Veterans Appeals (BVA) and at the local VA Regional Office. This Chief Judge's 1994 statement means that there is not now or in the future U.S. Judicial Branch revisiting of the 6/25/87 U.S. Supreme Court STANLEY [5] issue, i.e, CONGRESS'S POLITICALLY EXPEDIENT INACTION ONGOING APPROVAL OF "EXPERIMENTS...DESIGNED TO HARM".
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]
Some of the veteran 5/21/56 retained and 1991 to-date many times submitted facts are [11]: 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. As 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"! Falsely recorded as a "4 DAY COLD" and "NORMAL HEARING" on the 5/21/56 Separation from Service!
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 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 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 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, 25 DoD, VA & HMO audiograms and 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 my 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..." verifies the origin. On 3/2/01 this "service record" was laymen designated as not "competent medical evidence" repeating their 6/27/96 negation of a previous VA physician's 2/2/96 in service determination and its "severe deafness" negation by an all in the mind 4/13/94 "perceptive type hearing loss"! 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. The VA "schedule" 12/7/87 "Diseases of the Ear" omits this known since 1861 disease with its also misidentified revealing symptoms NOT "Disease" 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 prime subject's after service Pre-Med. education, Management Engineering Degree with R&D and claims experience accomplished insight.
In 1994 the U.S. Senate noted a DOD preventing from being "associated with their military service" the from 1944 should be but to-date not corrected "experiments...designed to harm".[14] This is duplicated by the VA's Agency of Original 7/9/57 Boston, MA Jurisdiction (AOJ) during an ongoing 14 years of 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 its then false hearing loss only symptom of a 10% disability. They have refused to address, kept from their own medical personnel and the BVA their 5/7/57 requested, stamped as 6/3/57 received 6/25/52 to 5/21/56 in-service record "to harm" [14] 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 on 8/1/05 were specifically medically identified and recorded! A 2005 FIRST TIME VERIFICATION OF THE AOJ'S LAYMEN FROM 7/9/57 UNTIL 8/1/05 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]
[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] 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".



[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 award of a 1952-1956 in-service "schedule" omitted Menieres disease.

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


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


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
HURLEY, DAVID W. 12 404 241