BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20150012963 BOARD VOTE: ___x______ __x_____ _x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20150012963 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. The Board determined that the preponderance of the evidence supports the conclusion that the applicant received injuries as a result of hostile action that required treatment by medical personnel and that the treatment was made a matter of official record. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for injuries he incurred as a result of hostile action in Afghanistan on 4 November 2007. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20150012963 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Purple Heart for injuries sustained on 4 November 2007 in Afghanistan. 2. The applicant states: a. He should have been awarded the Purple Heart for an injury sustained in combat. b. He was approved for the Purple Heart in December 2007 by the Brigade Surgeon, but it was denied by the sergeant major in Afghanistan. 3. The applicant provides: * letter from a Member of Congress, dated 22 July 2015 * letter from the Chief, Awards and Decorations Branch, to a Member of Congress, dated 2 February 2015 * DA Forms 2823 (Sworn Statement) * Department of Veterans Affairs letter, dated 3 July 2012 * letter from his physician, dated 5 January 2010 * DA Form 2173 (Statement of Medical Examination and Duty Status) * personnel records * service medical records CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Army National Guard on 28 April 1999. 2. He was ordered to active duty on 6 June 2007 in support of Operation Enduring Freedom. He served in Afghanistan from 27 June 2007 to 8 February 2008. 3. He provided: a. a sworn statement from a sergeant, dated 5 November 2007, attesting the applicant's convoy struck an improvised explosive device (IED) on 4 November 2007; b. a sworn statement from a first lieutenant, dated 5 November 2007, attesting his convoy struck an IED on 4 November 2007, the applicant hurt his wrist, and the applicant was seen by a medic; c. a self-authored sworn statement, dated 5 November 2007, attesting his team was convoying and struck an IED on 4 November 2007. He jammed his right wrist by the force of the blast, he was blown forward because he was the rear gunner, and he was treated by a medic; d. a health record from the Aid Station in Afghanistan, dated 5 November 2007, showing he injured his right wrist when an IED struck his vehicle on 4 November 2007. This record states he injured his right wrist while ducking into a turret. He was diagnosed with an injury from terrorist explosion blast and released without any limitations; e. a medical record, dated 10 November 2007, showing he was treated for a sprained wrist with possible nerve damage; f. two health records, dated November 2007, showing he was diagnosed with joint pain, localized in the wrist; g. DD Form 689 (Individual Sick Slip), dated 29 November 2007, showing he injured his wrist during an IED attack; h. a health record, dated 30 November 2007, showing he was diagnosed with contusion with intact skin surface – wrist; and i. several health records, dated December 2007, showing he was treated for joint pain, localized in the wrist. 4. On 17 February 2008, he was released from active duty. 5. He provided a letter from his neurologist, dated 5 January 2010, stating he was having medical issues and was unable to work at that time. 6. He provided a DA Form 2173, dated 8 November 2010, stating he was the gunner in the third vehicle in a convoy when an IED struck the lead vehicle on 4 November 2007 in Afghanistan. He was 8-10 feet away from the blast. He did not lose consciousness, but did suffer from headaches after the blast. He was treated for a wrist injury. He has been treated at the Department of Veterans Affairs Medical Center since 2008. He was diagnosed with chronic severe post-traumatic stress disorder and major depressive disorder. 7. On 18 September 2012, he was honorably discharged from the Army National Guard due to permanent physical disability. He was placed on the Retired List effective 19 September 2012. 8. On 2 February 2015, the Awards and Decorations Branch, U.S. Army Human Resources Command, Fort Knox, KY, denied a request for award of the Purple Heart submitted by a Member of Congress. The letter states: * based on the military medical documentation provided, the applicant was evaluated for a bruised wrist following an IED blast on 4 November 2007 * he was subsequently released without limitations from his medical examination 1 day later * due to the relatively minor nature of this hand injury, issuance of the Purple Heart cannot be justified * there is no evidence he was diagnosed or treated for a concussion or traumatic brain injury immediately after or close to the incident 9. He provided an undated Casualty Worksheet showing he received a minor hand sprain when his hand got caught on one of the turrent handles. The medic could not find a physical injury. REFERENCES: Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. a. The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. b. A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. c. Paragraph 2-8b(4) of the regulation in effect at the time (effective 28 March 1995) stated an example of an enemy-related injury which clearly justified award of the Purple Heart was an injury caused by an enemy bullet, shrapnel, or other projectile created by enemy action. DISCUSSION: 1. The applicant contends he should have been awarded the Purple Heart for an injury sustained in combat on 4 November 2007 in Afghanistan. 2. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart and all other awards. The Purple Heart requires evidence to verify: * the wound was the result of hostile action * treatment of the wound by medical personnel * documentation of the wound in official records 3. The medical record from the Aid Station in Afghanistan, dated 5 November 2007, shows he was treated for a right wrist injury sustained while ducking onto a turret following an IED explosion. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012963 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012963 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2