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Victims of the “Feres Doctrine” Part 2, Chapter 2 – Vietnam Veteran sent to War with a Broken Neck

Victims of the “Feres Doctrine” Part 2, Chapter 2 – *Vietnam Veteran sent to War with a Broken Neck.  

*Based upon the Synopsis Manuscript “Veteran Without A Country” by Robin J. “Rusty” Rustan, and as  Edited by Terry Richards who was given exclusive Editorial Rights.

Be sure to see photos of Rusty’s Broken Neck after the last Paragraph of this Chapter.

On March 13, 1970, Rusty reported to a medical interview to get a fair evaluation of medical conditions at Letterman Army Medical Center in San Francisco.  After arriving Rusty did not have a medical intervention and was ordered by an Orthopedic Doctor to hit the floor and put-out 10 push-ups like in basic training.  Rusty pointed out to the Doctor that he had a “Medical and Psychiatric Profile” given to him by a Military Psychiatrist at Fort Hood which stated that “Rusty was incapable of understanding orders, and physically incapable of carrying-out any orders given to him.” Unable to follow through with the “quack” Doctors interview, Rusty was arrested and held at Oakland Detachment Center where he would eventually be escorted to Hawaii by a Medic and Military Policeman for pre-deployment to Vietnam, and still with No Neck Brace…  A political prisoner of the “Feres Doctrine” Rusty thought to himself

 Once in the air the Handcuffs were removed.  However, lucky for Rusty, the Medic that had accompanied him observed that his medical condition was very critical.  So once they landed in Hawaii, Rusty was taken off the plane with a gurney, and released for medical care to Tripler Army Medical Center in Honolulu. 

 Three (3) months and 11 days with No Cervical Neck Brace, Rusty was examined by Doctors at Tripler and was finally given his first Neck Brace since December 02, 1969. 

 Once released from the hospital, Rusty was transferred to Schoefield Barracks pending further examination by military physicians.  Up to this point Rusty had suffered numerous physical, verbal, and emotional abuses at the hands of Military and other Federal employees, and Rusty thought to himself that they all should have gone to Prison for committing all these illegal acts and human rights violations.  It was at this point that Rusty first felt that he and all other Veterans were being treated like 2nd class Citizens.  So Rusty went AWOL again, and went to a former girlfriend’s house in Hawaii and stayed with her for about 2-weeks before turning himself in for the inevitability of being sent to Vietnam.

 Unfortunately, Rusty’s “nightmare” was not over.  As on March 20, 1970, while at Schofield barracks Rusty was seen one more time by an alleged mental health expert Major MSC Robert J. Kozukil.  Major Kozukil stated that he saw no reason to retain Rusty, and also stated that if Rusty does not perform his duties in Vietnam effectively that he would be considered for a General Discharge.  The end result was that Rusty would in fact be sent to Vietnam that same day with more pain pills, the only difference this time was that Rusty had a neck brace.  

 Rusty, still refusing to wear a military uniform boarded the civilian chartered aircraft that would take him to Vietnam in civilian clothes. 

 Once the aircraft landed in Vietnam and the passengers deplaned, Rusty said while all the soldiers in uniform were signaled by waiting superiors to go left, Rusty went right, virtually going AWOL once again to seek medical care for his broken neck.  Rusty then got directions for the Saigon Army Hospital.  However, at the gates to the hospital Rusty said he informed the Military Police Officers about his broken neck and they told him that he would not get proper treatment or sympathy at this hospital even with a broken neck but rather they would certify that he was fit for combat.  The Military Police Officers suggested that Rusty go to the 93rd Evacuation Hospital and gave Rusty directions.  Rusty started to walk to this hospital when on the road one of his old buddies from Fort Hood recognized him and picked him up and gave him a ride.  His buddy told him that he was suppose to report to the same outfit he was assigned to but Rusty said I have a broken neck and “I’m not fighting your war” Rusty told his buddy. 

 Although Rusty decided to check in to his assigned Company for one-night, the next day Rusty found the 93rd Evacuation Hospital.  Unlike the previous command and control officers who had no concern for Rusty, the military doctors seen by Rusty at this hospital were angry at the fact that the U.S. Army was sending unfit soldiers to Vietnam.  Rusty spent a total of about 17-days in Vietnam and at this hospital incurring PTSD injuries from the fact that he could hear Mortars exploding not too far from the hospital, and Rusty wondering how he was going to protect and defend himself from the enemy should it come to that since he had limited movement with a broken neck. 

 On April 07, 1970, Rusty was Medically Evacuated to Camp Drake the Military Hospital in Asaka, Japan.  (To be continued in Part 2, Chapter 3).


Another Picture of me in Camp Drake, Japan. I really forgot this Actor of the 1970s Name.Just for kicks I need to ask anyone out there reading this website to let me know who this Actor was. He was going through the Hospitals supporting us as we came home.
 me in Camp Drake, Japan. It was les.

Click onto link below to go to: Part 1 – Introduction to the Series Victims of the Feres Doctrine, and Chapters 1 through 5 of Part 2 -Vietnam Veteran sent to War with a Broken Neck. http://www.veteranstoday.com/?victims+of+the+feres+doctrine


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Posted by on Jul 10 2010, With 0 Reads, Filed under Of Interest. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.
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2 Comments for “Victims of the “Feres Doctrine” Part 2, Chapter 2 – Vietnam Veteran sent to War with a Broken Neck”

  1. What was it that General Patton said, “I wish that I had kissed the son-of-a-*****”.

  2. Bertram G. Hahn, LtCol, USAF (Ret)

    After the death of Carmelo Rodriguez, Sgt, USMC (a New Yorker) as the result of military medical malpractice Congressman Maurice Hinchey (D-NY) introduced H.R.1478 – The Carmelo Rodriguez Military Medical Accountability Act of 2009. This legislation would repeal the Feres Doctrine and allow active duty military personnel to sue the government for medical malpractice, the same right civilians, federal prisoners and illegal aliens have always had.

    Congressman Hinchey’s staff has been actively pursuing this legislation in the US House of Representatives and has met with considerable success. Unfortunately, Senator Chuck Schumer and his staff have done absolutely nothing to support the US Senate version of the same legislation, S.1347. Since Senator Schumer committed to be the Senate sponsor in June 2009 his staff has not made the slightest effort to add additional Senate cosponsors or attempted to bring this issue before any Senate Committee for discussion and support. Since Senator Schumer is a member of the Senate Judiciary Committee and Chairman of the Committee on Rules and Administration could it be that he has never had any intention of doing anything for the military personnel he represents and just wanted to put his name on something that would look good in a year he is up for reelection?

    With over $21,000,000 in campaign funds on hand it is no wonder Senator Schumer has no concern for those who only contribute with honorable service.

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