ATTACHMENT 4 DISCLAIMER The following is a staff memorandum or other working document prepared for the members of the Advisory Committee on Human Radiation Experiments. It should not be construed as representing the final conclusions of fact or interpretation of the issues. All staff memoranda are subject to revision based on further information and analysis. For conclusions and recommendations of the Advisory Committee, readers are advised to consult the Final Report to be published in 1995. Advisory Committee on Human Radiation Experiments 1726 M Street, N.W., Suite 600 Washington, D.C. 20036 To: Ms. Pierre and Major Rooney (DNA); Col. Bailey From: Dan Guttman Date: November 23, 1994 Re: Followup of November 17 Response, Request 112394-A This memo follows up DNA's November 17 transmission, for which we thank you, (transmitted to us by RECC transmittal of November 21; DNA1.941117.001a) The cover memo states: "Documentation supporting DNA HRE document #0672 (submitted on 23 Sep 94) related to the Veterans Administration and Department of Defense exchange concerning the requirement to maintain detailed statistical records of radiological exposures received by personnel serving in the Armed Forces is resubmitted at Attachment 3...DNA is unaware of any 'secret' files on soldier exposures concerning this issue." We appreciate the response, but reiterate the request for information on the records, referred to in HRE-0672. In general we would like to know why records were kept for claims purposes, what other purposes they served, whether such records continued to be kept, and the disposition of the records. As noted in our October 13, 1994 request related to HRE-0672 questions, include: 1. What was the "requirement" that is referred to in the second paragraph of the August 8, 1952 letter? For example, was it a formal requirement, stated in an order or directive? Is there any documentation of the requirement? 2. What documentation, or other information, is there about the conception of the "requirement" as referred to in the second paragraph of the August 8, 1952 letter? 3. What were the Army Field Forces files, as referred to in the August 8, 1952 letter? Were they ever secret (or confidential, etc.)? If they ever existed, are they still existence? Similarly, what were the Navy and Air Forces files referred to, and are they still in existence? 1 4. Is there any documentation, or other data, which might tell us why the August 8, 1952 letter was "confidential"? 5. Is there any notion of where "confidential" material received by VA (particularly Dr. Lyon) in 1952 a) would have been kept at the time of receipt? b) is presently located? 6. What was the "Failla Panel," as referred to in the December 10, 1952 Memo for the Chief, AFSWP, and is there any surviving documentation of its work? 7. The December 10 Memo refers at "4", to an "impression that the Army Field Forces have stated, with the concurrence of the Surgeon General, that they do not require detailed statistical records of radiological exposure of Army Personnel under combat conditions. This represents policy at variance with ... Army Training circular 33 ... but it is representative of current AFF doctrine." Is there any documentation that shows the requirements, statements, and/or concurrences referred to? 8. Is there any further surviving documentation relating to the 1952 VA/DOD exchanges? In addition, we note that the December 2, 1952 letter from VA Administrator Gray to Major General Loper, which DNA provided as Attachment 3 to the November 17 response, refers to the performance of a study, evidently related to the records identified in HRE-0672. Any information on the study, evidently related to the records identified in HRE-0672. Any information on the study, including, of course, a copy of study documents, would be appreciated. The transmittal also provides information regarding Marine Sergeant Torres, which we also appreciate. The cover memo states that "DNA is not aware of any information concerning prisoners who were involved or participated in any nuclear bomb related activities." The relevant attachment states: "DNA is not aware of any information which relates to the possibility that data was gathered on prisoners who were involved or participated in any bomb related activity. Do these statements mean that, in fact, no prisoners were involved or participated in any nuclear bomb related activities? Alternatively, do they mean that prisoners were (or may have been) involved, but DNA is not aware of any related data gathering? We would appreciate clarification. In either case, in order to address concerns stated by members of the public, and to know whether and how to proceed with inquiry, we would appreciate elaboration; eg, as to both what the statements mean, and the degree of certainty they are intended to represent (eg, whether DNA knows with certainty that prisoners were not involved, and if so, how this is known, or whether DNA's conclusion is a statement of likelihood based on inquiry, or whether DNA's conclusion simply reflects immediately available information.) In addition, you note that alpha rosters and unit diaries are available on microfilm in the Reference Section of the Marine Corps Historical Center. We appreciate the reference. Is this microfilm readily accessible to the Committee and/or members of the public, or are special arrangements required? 2 I would appreciate if the request could be filled by December 15, 1994. If you have any questions please give me a call at (202) 254-9795. As always, please let us know if this request requires clarification. 3 DNA1.941213.001c ACHRE REQUEST 112394-A In response to your request, Subject: Followup of November 17 Response, Request 112394-A, dated November 23, 1994. ISSUE #1: 1953 VA/DoD Exchange "We appreciate your response, but reiterate the request for information on the records, referred to in HRE-0672. In general we would like to know why records were kept for claims purposes, what other purposes they served, whether such records continued to be kept, and the disposition of the records. As noted in our October 13, 1994 request related to HRE-0672 questions, include 1....-8.... [see Appendix B of Attachment 1]. In addition, we note that the December 2, 1952 letter from VA Administrator Gray to Major General Loper, which DNA provided as Attachment 3 to the November 17 response, refers to the performance of a study, evidently related to the records identified in HRE-0672. Any information on the study, including, of course, a copy of study documents, would be appreciated." RESPONSE: No one at the Defense Nuclear Agency (DNA) has personal knowledge upon which to base an answer to your questions and it would be speculative to attempt to surmise the content in which the correspondence in question was written. To the extent to which DNA's thorough Human Radiation Experiments (HRE) records search in response to your earlier taskings may have surfaced relevant documents, they have already been furnished to you through the Radiation Experiments Command Center (RECC). ISSUE #3: Secret Data on Personnel Exposures at Bomb Test "In several prior memos we have requested any data on the nature and whereabouts of which were prepared and/or kept by DoD (and/or the VA and AEC), evidently on a secret basis, in anticipation of potential liability claims related to exposures at weapon tests. We would appreciate a near term update on the status of the search for this information. As you know, the Inspector General of the VA is engaged in a related search for information on the activities of the "confidential" activities of the VA Atomic Medicine Division. RESPONSE: DNA response to this question was previously provided on 9 Dec 94 in our 26th submission of documents to the RECC. If any additional information becomes available to DNA, it will of course be immediately forwarded to the ACHRE through the RECC.