RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01260
COUNSEL: NONE
HEARING DESIRED: YES
________________________________________________________________
_
APPLICANT REQUESTS THAT:
He be awarded the Purple Heart (PH) Medal.
________________________________________________________________
_
APPLICANT CONTENDS THAT:
1. He participated in Operation FITZWILLIAM and was exposed to
radiation; however, the Department of Veterans Affairs (DVA)
refuses to service connect his medical conditions (thyroid
cancer, bladder cancer, posterior sub capsular cataracts,
retinal detachment, and skin cancer). Sixty-five years after
this exposure, the DVA still does not recognize his thyroid
cancer was caused from radiation.
2. He submitted a claim in 1966; however, it was denied.
In support of his request, the applicant provides a personal
statement, a copy of his VA Form 21-4138, a copy of the Report
of Operation FITZWILLIAM, a copy of his DVA rating, and a copy
of a letter from the Defense Threat Reduction Agency, w/atch.
His complete submission, with attachments, is at Exhibit A.
________________________________________________________________
_
STATEMENT OF FACTS:
The Purple Heart is awarded in the name of the President of the
United States to any member of the Armed Forces of the United
States who, while serving under competent authority in any
capacity with one of the U.S. Armed Services after April 5,
1917, has been wounded or killed. Specific examples of services
which warrant the Purple Heart include any action against an
enemy of the United States; any action with an opposing armed
force of a foreign country in which the Armed Forces of the
United States are or have been engaged; while serving with
friendly foreign forces engaged in an armed conflict against an
opposing armed force in which the United States is not a
belligerent party; as a result of an act of any such enemy of
opposing armed forces; or as the result of an act of any hostile
foreign force.
The remaining relevant facts pertaining to this application are
contained in the letter prepared by the appropriate office of
the Air Force, which is at Exhibit C.
________________________________________________________________
_
AIR FORCE EVALUATION:
AFPC/DPSID recommends denial. After a thorough review of the
applicants records, they were unable to verify award of the PH.
They could not find a special order, recommendation or
certificate indicating that he was recommended or awarded the
PH. Furthermore, the medical documentation in his records does
not substantiate any enemy related injuries. To award the PH
would be contrary to the criteria established by the governing
instructions.
The complete DPSID evaluation is at Exhibit C.
________________________________________________________________
_
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
He notes that because the operation was top secret, there are no
documents in his records that will substantiate his request. He
believes that unless the DPSID advisory opinion is rewritten to
specifically address the unique medical problems of the
radiation exposed veteran; there will be no justice for atomic
veterans. In addition, it can take two or three decades before
the radiation exposure can be detected. The exact date of his
injury was 2 May 48 while he was reading and recording radiation
levels for the top secret operation.
The applicants complete submission, with attachments, is at
Exhibit E.
________________________________________________________________
_
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by
existing law or regulations.
2. The application was not timely filed; however, it is in the
interest of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to
demonstrate the existence of an error or injustice. After a
thorough review of the available records, we found no evidence
the applicant is eligible for the award of the PH medal. His
contentions are duly noted; however, he did not provide
sufficient documentary evidence to substantiate his claim. In
the absence of documentary evidence substantiating that he was
recommended for the requested award or some independent evidence
of the events in the form of contemporaneous documentation or
witness statements on which to base an evaluation as to whether
the criteria for award of the PH was met, we do not find the
evidence provided establishes that the applicant has been the
victim of an error or injustice. As such, we are in agreement
with the opinion and recommendation of the Air Force office of
primary responsibility.Regrettably, in the absence of persuasive
evidence to the contrary, we find no compelling basis to
recommend granting the relief sought in this application.
4. The applicant's case is adequately documented and it has not
been shown that a personal appearance with or without counsel
will materially add to our understanding of the issue involved.
Therefore, the request for a hearing is not favorably
considered.
________________________________________________________________
_
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of material error or injustice; that
the application was denied without a personal appearance; and
that the application will only be reconsidered upon the
submission of newly discovered relevant evidence not considered
with this application.
________________________________________________________________
_
The following members of the Board considered AFBCMR Docket
Number BC-2013-01260 in Executive Session on 5 Nov 13, under the
provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The following documentary evidence pertaining to ABCMR Docket
Number BC-2013-01260 was considered:
Exhibit A. DD Form 149, dated 18 Feb 13, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSID, dated 21 Jun 13.
Exhibit D. Letter, SAF/MRBR, dated 10 Jul 13.
Exhibit E. Letter, Applicant, dated 19 Jul 13, w/atchs.
Panel Chair
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
FOR OFFICIAL USE ONLY PRIVACY ACT OF 1974
4
4
This document contains information which must be protected IAW AFI 33-332 and DoD Regulation
5400.11; Privacy Act of 1974 as Amended Applies, and it is For Official Use Only (FOUO).
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