Robertson v. Chambers

Background

A former Army captain was honorably discharged for disability and denied retirement pay after a Retiring Board decision. He asked the Army Disability Review Board to reconsider. When preparing for a rehearing, he found Veterans’ Administration medical reports had been placed in his Army file. He asked the Review Board to remove those reports. The Board refused, and he sued to force their removal. Lower courts were split, and the case reached this Court to decide what “service records” means under the statute governing reviews.

Reasoning

The Court examined the statute that says review should be based on “all available service records” and on the broad powers given to the Retiring Board to investigate disabilities. The Court relied on Army regulations that require providing complete medical histories and allow the Board to obtain additional evidence and even examine the officer. Because the VA reports were official government reports sent to and kept in Army files, the Court concluded they are part of the officer’s service records and therefore properly considered by the Review Board.

Real world impact

The decision means Army Disability Review Boards may consider Veterans’ Administration medical reports when deciding disability and retirement pay claims. Medical reports created after retirement can be relevant, especially given the long time limit for review requests. As a practical matter, former service members will find it harder to force out unfavorable VA medical reports once they are incorporated into Army files.