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AF | BCMR | CY2013 | BC-2013-01260
Original file (BC-2013-01260.txt) Auto-classification: Denied

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 
applicant’s 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 applicant’s 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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