The U. S. Senate Background.

In 2008, despite the efforts of some, the U.S. Congress still treats as an “incident to service” [1] the U.S. Senate’s DOD “experiments that were designed to harm” [8]! “III. Findings and conclusions”, “K. DOD and DVA have repeatedly failed to provide information and medical followup to those who participate in military research…” and “N. Participation in military research is rarely included in military medical records, making it impossible to support a veteran’s claim for service-connected disabilities from military research.” Thereby, DOD & Va Healthcare System to-date covered up are these experiments and prevented is treatment as documented by the 1994 U.S. Senate Report.[8] By their inaction Congress has approved the Report’s: “Introduction” A. “During the last 50 years, hundreds of thousands of military personnel have been involved in human experimentation and other intentional exposures conducted by the Department of Defense (DOD), often without a servicemember’s knowledge or consent.”, B. “most Americans would agree that the use of soldiers as unwitting guinea pigs in experiments that were designed to harm them, at least temporarily, is not ethical.” And “Forward” C. ” The findings and conclusions contained in this report are those of the majority staff and do not necessarily reflect the views of the members of the Committee on Veterans’ Affairs.” Chairman. In 2008 continued is a version of the DOD Project 112 biological lessons learned, now on the general public.[9] This is by the 19 December 2006 established civilian “Biomedical Advanced Research and Development Authority (BARDA)”.[11] Under the cover of its “national security missions”, as it is for military personnel, withheld from the civilian “guinea pigs” are the cause and effects of its Research and Development (R&D) Projects.

From 1953 the U.S. Senate “to harm” lessons learned were in direct disobedience of the DOD Secretary’s TOP SECRET order. Forty one (41) years earlier it required the U.S. Senate’s 1994 “servicemember’s knowledge” and “consent”. [4] 1953 known by the Secretary’s of all Services, Joint Chiefs of Staff, and their R&D Board. It was “UNCLASSIFIED” in 1975. Nineteen (19) years later, during the U.S. Senate’s reported past 50 years, most of the “to harm” service records were destroyed in a 1973 National Personnel Records Center (NPRC) fire. Those that survived had all witnesses censored by Congress’s 1974 Privacy Act! The “Veterans Right to Know Act” was proposed in the 2005 and H.R. 4259 [109th] 2006 Congress. It never became law. Underlying the DOD & VA U.S. Healthcare System Are Medically Unqualified Laymen Rejection of Physician Decisions, e.g., a from 1952 How it Is Done.

All Is in the Record!

Each Executive Branch (DOD, CIA & BARDA) Project completes the R&D process. The prior lessons learned are reviewed. The then Scope of Work defines what the experiment is “designed” to do. The how, where, when and who is identified. The conducted researched cause and effects are closely followed. From the results are developed safe production, use, the needed for treatment and protection, e.g., the DOD manufacturers handling of hazardous materials such as Depleted Uranium, Agent Orange, the biological agents of Project 112 [9] and the jet-engine noise levels of Project 7210 [2]. All is in the Executive Branch record! Under the cover of national security the revealing treatment evidence: 1. Is not cause identified in a subject’s Medical History, so that they never the wiser become. The deceived victim’s “to harm” effects are not Medical History recorded, therefore not addressed! Prevented is any follow up by independent civilian and Department of Veterans Affairs (VA) physicians. And 2. For veterans’ the 64 years of experiment specific injuries are not in the VA “schedule of ratings for disabilities” [7]!

The U.S. Supreme Court Did Not Know?

The 1987 U.S. Supreme Court Stanley decision [5] extends the coverage of their 1950 Feres Case that a death by a military barracks fire was an “incident to service” [1]. Stanley treats the 1958 DOD “experiments…designed to harm” disobedience of the 1953 order [4] as also an “incident to service”! To-date not accomplished is the Senate Report’s, “IV. Recommendations. G. The Feres Doctrine should not be applied for military personnel who are harmed by inappropriate human experimentation when informed consent has not been given.” Made certain was that the in the record revealing evidence will not be addressed. The year following STANLEY was the U.S. Congress’s few 1988 Veterans’ Judicial Review Act. Established was the Veteran’s Legislative severely restricted, Article I Court. “The court may not review the schedule of ratings for disabilities or the policies underlying the schedule.”, i.e., the order ignored “to harm” R&D experimental effects and their causes! The Veterans Court Chief Judge’s no teeth statement with his noted VA ignoring of the Court’s decisions! [7] The Secretary of the VA was given Final Decision authority on these issues. [10] Included is the power of NO APPEAL to this LEGISLATIVE Veterans Court or to the independent U.S. Judicial Branch Courts. If allowed an APPEAL, it is not part of the record at the Article I Veterans Court. It’s also missing at the next appeal at the U.S. Judicial Branch Article III, Court of Appeals for the Federal Circuit.

How it Is Done.

A “documented in his service record” Example!

A 1952-1956 USAF Jet Aircraft Mechanic. A picked “volunteer” member of a special F86-D Flight Test evaluation group. The prior to 1949 researched and developed ear muffs, flight line noise protection was not available. An exposure that resulted in an 8 day 1953 sick & dizzy (nausea & vertigo) hospitalization. During 1954 Aviation Cadet training was the USAF Physician’s 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.” This is an unprotected, repeated exposure to its Project 7210, J47 jet-engine, from a 60 decibel (dB.) normal hearing base, 158 dB. to over 176 dB. afterburner noise level. [2] An American Medical Association (A.M.A.) 87,381 to over 699,051 sound pressure multiple (X). [3] Reassigned back to the same base and Flight Test position. A USAF Physician’s 6 months after the washout exam get him off the flight line memo! A year later also ignored 1955 USAF Physician’s do not expose to “loud acoustic trauma”. The 1956 Separation from Service recorded perfect health with the 1953, 8 days nausea & vertigo (sick & dizzy) as an in-hospital “4 day cold”.

In 1957 the local VA Office requested and stamped as received the 1952-1956 service record. Awarded was a VA Rating Board 10% hearing loss only. Their physician submitted the administrators overlooked in-service evidence to the USAF. This resulted in the to-date VA Administrator also overlooked, “MPerR PERMANENT” “SURGEON HQ ARRC JUN 25′ 58 MEDICALLY DISQUALIFIED FOR MILITARY SERVICE”! After which is the physicians “disqualified” cancelled by the 1959 DOD Administrator “Honorable Discharge” with its “Recommended for reenlistment – Yes”!

Acting on the advice of HMO Physicians the veteran returned to the VA in 1991. Observed was that the VA Physician exam records were incomplete. In 1994 a VA Criminal Investigator noted as misplaced the original VA 1957 received records. Then a 1995 VA Laymen Adjudicator’s medical diagnosis that the 1957 award was an all in the mind “perceptive type hearing loss”! In 1995 a VA Hearing Officer “certified” the veterans retained copies as part of the disability file. Both the VA and veteran records survived the 1973 NPRC fire and Congress’s witness censoring 1974 Privacy Act. On 2/2/96 a VA Hospital Attending Physician determined in-service Menieres disease. A 6/27/96 Supplemental Statement Of Case Laymen Adjudicators medical decision of no “competent medical evidence”! Referenced was the 2/2/96 hospital physician’s in-service determination by, “It appears the examiner was relying on the veteran’s history to make this statement.”, i.e., the “certified” copies of VA original, misplaced records. Included were two HMO Physician 1994 Menieres disease diagnosis and the 10 prior years of its symptoms. In 1999 the VA ENT Chief stated “the Veterans signs and symptoms of Meniere’s Disease clearly are documented in his” [USAF 1952-1956 "certified"] “service record” with his “a stress reaction may precipitate an episode (of Menieres disease) and cycles may repeat endlessly”! For which “there is no reliable treatment”. It is these in and after service “stress reaction” nausea and vertigo attacks that resulted in the loss of a third generation medical practice, business failures and unemployment. In 2005 the VA rediscovered their, withheld from medical personnel, original 1957 Medical History! In 2006 VA locally awarded was a 100% disability. Cited was the Social Security Administrative Law Judge 1996, VA “certified” records based, early “disability benefits solely as a result of his service connected condition.” This is for the 50 years later continuing consequences of 1952-1956 “loud acoustic trauma”! Not known is the A.M.A. for each 6 dB. increase sound pressure doubles, beyond 699,051X (at 176 dB.) unprotected afterburner over pressurization!

Misplaced?

Misplaced records prevent medical, administrative and judicial “activities” that “would be detrimental to the accomplishment of…mission.” This is by the still in 2008 reasoning of “it was necessary to conceal these activities from the american public in general, because public knowledge of the unethical and illicit activities would have serious repercussions in political and diplomatic circles and would be detrimental to the accomplishment of its mission.” U.S. Supreme Court 1987 Stanley Case; Footnote 4, Page 688 on its proven 1958 CIA experiment on U.S. Army personnel. [5]

“Right to Know”.

There now is no 64 years later “Veterans Right to Know”. After they complete Honorable Service despite the efforts of some Congress has not given back to veterans their rights. Revealed would be the few’s corrupt for the greater good of all. Accomplished by the end justifies the “designed to harm” means. Carried out under the cover of our nation’s wars! A few key members in Congress, have dishonored those that serve. Prevented is injury treatment and correction! Lost are those prior to service rights that convicted rapists and murderers keep! [6]

Hold Responsible.

Now Barda Experiments Conducted on You! Please, Hold Your Members in the U.S. Congress Accountable! These U.S. Supreme Court and U.S. Senate Documented Facts Are Internet Censored.[12] Passing this on to Others So That They May Do the Same Would Be Appreciated. Thank You.

David H. Marshall

REFERENCES:

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

[2] 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, Dayton, Ohio in 1952. 1954 logged in as the 401st report for that year published as Report 54-401 July 1956.

[3] American Medical Association (A.M.A.) Family Medical Guide Third Edition pages 364-366 with the for each 6 dB. increase sound pressure doubles and the 60 dB. Normal hearing level.

[4] DOD Secretary’s 26 February 1953 NO non-consensual, human experiment’s Memo pages 343-345. George J. Annas and Michael A. Grodin, “The Nazi Doctors and the Nuremberg Code; Human Rights in Human Experimentation” (New York: Oxford University Press, 1992). In Reference [8] as NOTES 72, 168 & 169.

[5] U.S. Supreme Court, June 25, 1987, U.S. V. Stanley, 107 S. Ct. 3054 (Volume 483 U.S., Section 669, Pages 699 to 710). In Reference [8] Cited in Note 169.

[6] U.S. State Dept., “U.S. Report under the International Covenant on Civil and Political Rights July 1994, Art. 7″.

[7] Chief Judge Frank Q. Nebeker, State of the Court for Presentation to the United States Court of Veterans Appeals Third Judicial Conference October 17-18, 1994. In the Veterans Appeals Reporter. http://www.firebase. net/state_of_court_brief.htm Annual Judicial Conference Transcript. http://www.goodnet.com/~heads/nebeker

[8] U.S. Senate December 8, 1994 REPORT 103-97 “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. With NOTES 1 to 170. Committee Print – S. Print. 103-97.

[9] “Project 112 (Including Project SHAD) Home” chemical and biological experiments; www. 1.va.gov/shad/

[10] United States Code (USC) Title 38, 511. Decisions of the Secretary; finality. http://www.law.cornell.eduhttp://www.law.cornell.edu/

[11] “Biomedical Advanced Research and Development Authority (BARDA)” S-3678.

[12] From: MAILER-DAEMON@n7.bullet.ukl.yahoo.com Subject: failure notice. Date: Mon, 26 Nov 2007 19:43:22 -0000 Sorry, we were unable to deliver your message…. Remote host said: 550 SC-001 Mail rejected by Windows Live Hotmail for policy reasons. Reasons for rejection may be related to content with spam-like characteristics or IP/domain reputation problems. And From: MAILER-DAEMON@n5.bullet.ukl.yahoo.com Sat, 12 Jan 2008 18:52:58 -0000 Subject: failure notice Sorry, we were unable to deliver your message to the following address. XXXX Remote host said: 554 The message was rejected because it contains prohibited virus or spam content [BODY].

Perhaps the good guys in the military are fighting back … lets hope.

http://www.democraticunderground.com/discuss/duboard.php?az=printer_friendly&forum=389&topic_id=1971198&mesg_id=1972594

Another clue — look into a guy named Paul Behrends
Posted by starroute on Thu Oct-04-07 12:33 AM

Behrends is a longtime friend of Eric Prince and has been the chief lobbyist for Blackwater for many years.

He was a national security aide from 1990-97 to Dana Rohrabacher — a Congressman who also had close ties to Jack Abramoff, extending back into the 80’s.

He was a senior VP with Rhoads Weber Shandwick from 1997-2004 and was lobbying for Blackwater at that time.

From 2004-06, he was a partner in Alexander Strategy Group — the firm founded by Tom DeLay’s former chief of staff, the now disgraced Ed Buckham, that figures heavily in the Jack Abramoff scandal. ASG represented Blackwater when it was trying to repair its reputation after that Fallujah business. ASG and Behrends were also involved in Blackwater’s New Orleans operations.

When Blackwater launched the International Peace Operations Association in late 2005, ASG was its lobbyist — with the account being handled by Ed Buckham, Karl Gallant, and Tony Rudy, all of them with deep ties to DeLay’s and Abramoff’s money-laundering operations. (Brent Wilkes was another ASG client.)

(Most of this information, by the way, comes from http://thehill.com/news/041404/blackwater.aspx and http://www.thenation.com/doc/20060220/scahill )

When ASG collapsed under the weight of the Abramoff scandal, Behrends moved over to Crowell & Moring/C&M Capitolink, and Blackwater immediately engaged their services instead.

Behrends has some other interesting connections besides those with Blackwater. He also has taken an interest in Afghanistan — perhaps stemming from his days with Rohrabacher, who was a major supporter of the mujeheddin when they were fighting to oust the Soviets. In 1998, Behrends was lobbying for the Saudi-owned Delta Oil in their attempts as part of the consortium with Unocal to arrange a pipeline deal with the Taliban. (http://www.mtholyoke.edu/~mvcarmac/women2.html ) And in 2004, while he was working for ASG, he was part of a team sent to observe the Afghan elections — not the sort of job you’d normally expect a lobbyist to handle. (http://fpc.state.gov/fpc/37133.htm )

So altogether, Behrends has a rather strange and spook-y resume that adds an additional dimension to the Blackwater picture.