Upon review under § 302(a) of the Servicemen's Readjustment Act
of 1944 of a decision of the Army Retiring Board discharging an
officer for physical disability without pay, the Army Disability
Review Board may consider, as part of the officer's "service
records," medical reports of the Veterans' Administration on the
officer's subsequent medical history, which records had been
transmitted to the Army and incorporated in its files. Pp.
341 U. S.
37-40.
87 U.S.App.D.C. 91, 183 F.2d 144, reversed.
The case is stated in the opinion.
Reversed, p.
341 U. S.
40.
MR. JUSTICE DOUGLAS delivered the opinion of the Court.
Respondent, a former captain in the Army, was honorably
discharged for physical disability and without retirement pay, as
the result of a decision by an Army Retiring Board. Respondent
applied to the Army Disability Review Board for review of that
action. The Review Board held that respondent was not entitled to
retirement pay. Respondent, having requested a rehearing, was
allowed to examine the record on which the rehearing would be
based. He discovered that the record contained certain
Page 341 U. S. 38
medical reports of the Veterans Administration concerning his
condition. Respondent requested the Review Board to remove those
reports from the record. The Review Board refused. Respondent
thereupon instituted this mandamus proceeding seeking a mandatory
injunction directing the President of the Review Board to exclude
those reports from the record. The District Court dismissed the
complaint. The Court of Appeals reversed. 87 U.S.App.D.C. 91, 183
F.2d 144. The case is here on certiorari, 340 U.S. 889.
The principal question relates to the provision in § 302(a) of
the Servicemen's Readjustment Act of 1944, 58 Stat. 287, 59 Stat.
623, 38 U.S.C. § 693i(a), which describes the scope of review by
the Review Board as follows:
"Such review shall be based upon all available service records
relating to the officer requesting such review, and such other
evidence as may be presented by such officer."
Respondent contends that the term "service records" means the
record of the service which the military man has rendered from the
time of his entry into the service until his discharge. That was
the view of the Court of Appeals. We, however, think otherwise.
Section 302(a) grants the Review Board "the same powers as
exercised by, or vested in, the board whose findings and decision
are being reviewed." That board is the Retiring Board, which R.S. §
1248, 10 U.S.C. § 963, says may
"inquire into and determine the facts touching the nature and
occasion of the disability of any officer who appears to be
incapable of performing the duties of his office, and shall have
such powers of a court-martial and of a court of inquiry as may be
necessary for that purpose."
These powers of the Retiring Board have been given a wide reach,
so that the nature and cause of the disability may be ascertained.
Their broad character will not, of
Page 341 U. S. 39
course, override the specific provision of § 302(a) to the
effect that the "review shall be based upon all available service
records," etc. But the nature of the powers granted under R.S. §
1248 has relevance to the arguments pressed on us for and against
reading "service records" narrowly.
The powers granted the Retiring Board have been construed by the
regulations in a liberal fashion, not in a narrow and stifling way.
Thus, the Adjutant General is required to furnish the board with
the
"originals or certified copies of the complete medical history,
and of all other official records affecting the health had physical
condition of the officer. [
Footnote
1]"
The oral examination of the officer is granted for the purpose
"of making full discovery of all facts as to his condition."
[
Footnote 2] These hearings are
not contests; they are inquiries concerning disability. The purpose
is to get at the truth of the matter. [
Footnote 3]
The medical history following the retirement will often be of
great importance to the Review Board, since the statute of
limitations which governs review is a long one. Requests for review
may be made within 15 years after the retirement or after June 22,
1944, whichever is the later. § 302(b). Medical history may
therefore be highly pertinent to the inquiry. Plainly the officer
is granted authority under § 302(a) to introduce such evidence, and
it is certain he will do so if it is favorable. We hesitate at a
construction of the statute which forecloses the Army from
considering the evidence when it
Page 341 U. S. 40
is unfavorable. [
Footnote 4]
Yet that would be the result if we construed "service records"
narrowly. We think it would be more in harmony with the nature of
the procedure, the purpose of the inquiry, and the powers granted
the Review Board to construe "service records" broadly enough to
include these medical reports.
The reports in issue were official government reports
transmitted to the Army and incorporated in that department's
files. They therefore became a part of the record of the officer
pertaining to his service. We conclude that they are "service
records" within the meaning of § 302(a).
Reversed.
[
Footnote 1]
Army Reg. 605-250, Mar. 28, 1944, par. 3a.
[
Footnote 2]
Id. at par. 21.
[
Footnote 3]
[
Footnote 4]
The regulations promulgated to govern Disability Review Board
proceedings have not restricted the inquiry by such a cramped
construction. They authorize the Board "to receive additional
evidence bearing on the causes and service-connection of [the
disability]" without limitation. 32 CFR § 581.1(a)(1)(iii). Indeed,
they empower the Board to make its own physical examination of the
retired officer at the time of the hearing. 32 CFR §
581.1(b)(2)(v).