IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20160007176 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ___x ____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20160007176 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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. IN THE CASE OF: BOARD DATE: 30 June 2016 DOCKET NUMBER: AR20160007176 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 (PH) for wounds sustained in combat. 2. The applicant states: a. His concussion injuries caused as a result of “EOV-generated” explosions pursuant to Army Regulation (AR) 600-8-22 (Military Awards), paragraph 2-8(g), resulted in loss of consciousness, burns to the right side of his face, tinnitus, and hearing loss. b. The tinnitus and hearing loss are not the issues being appealed. The burns, traumatic brain injury (TBI), and the loss of consciousness are being appealed to be awarded the PH. c. He has medical conditions documented by a medical officer as meeting the PH standard: * concussion/mild TBI * loss of consciousness * headaches * burns on the right side of his face from the explosion. d. The burns and injuries are supported by sworn statements and documents. 3. The applicant provides: * Standard Forms (SF) 600 (Chronological Record of Medical Care) * self-authored letter * a letter from a retired colonel (COL) * DA Forms 2823 (Sworn Statement) CONSIDERATION OF EVIDENCE: 1. On 6 January 2004, he enlisted in the Regular Army. After initial training, he was awarded military occupational specialty 11B (Infantryman). 2. Orders 156-200, issued by Headquarters, 24th Infantry Division (Mechanized) and Fort Riley, Fort Riley, KS, dated 4 June 2004, show the applicant was assigned to Headquarters, Combined Forces Land Component Command, in support of Operation Iraqi Freedom (OIF) 2.5, from 17 June 2004 to mission completion. 3. The applicant provides: a. A self-authored memorandum for record in which he states he was in Baghdad, Iraq, on 10 April 2005. He was the gunner in the turret position of an M1114, an up-armored high mobility multi-purpose wheeled vehicle (HMMWV), when a vehicle borne improvised explosive device (VBIED) detonated 10 to 25 meters to the right side of his HMMWV. The force of the VBEID lifted the HMMWV off the ground leaving a four to six foot crater in the roadway and forcing him to the floor of the HMMWV. He was directly exposed to the blast resulting in temporary unconsciousness and a concussion leaving him dazed, confused, and disoriented with 1st degree burns to the right side of his face. He was seen by a battalion physician assistant when he returned to the forward operating base, and then was forced to return to duty due to mission requirements. b. A statement from COL D___ B_______, a recently retired infantryman and former commander of Task Force Stalwart, 1-41, attached to 2-10th Mountain Division and 1-1 Calvary during Operation Iraqi Freedom (OIF) 2.5 to 3.5. He states their unit had been fighting a Mosul based, Sunni backed, VBIED cell in their area of responsibility (AOR) and had had several significant fights with them. The applicant and others were injured in the blast. It was a massive improvised explosive device (IED) that damaged two HMMWVs and blew the doors open on the M1114. He was not at the scene during the incident but arrived there following the operation order (OPORD). He does not know why the original award for the PH was not approved; however, it is highly likely that the command sergeant major (CSM) disapproved it or that he disapproved it. He admits that he probably had grown callous toward IED blasts at that point in their deployment and was just happy if everyone walked away safe. He now believes the applicant should have received the PH. c. A sworn statement, dated 17 April 2015, submitted by then Specialist P______, in which he stated, during OIF, the applicant was the gunner in the HMMWV. On 10 April 2005 when a VBIED exploded approximately 10 to 20 meters from the passenger side of their vehicle, and the applicant was knocked onto the floor of the vehicle. The blast was large enough to pick the HMMWV up off the ground, spin it around the road, and blew open all four doors that were combat locked. The applicant appeared to be unconscious for a few seconds and the right side of his face was red from what appeared to be burns from the flash of the blast. d. A sworn statement, dated 17 April 2015, submitted by then Sergeant First Class (SFC) T_____, in which he stated, on 10 April 2005, while on the mounted patrol in Baghdad, Iraq, the platoon security detail convoy was attacked via a VBIED. The VBIED was detonated directly in between his truck and the CSM’s truck. SFC T_____ suffered shrapnel wounds to his face, but the applicant was directly exposed to the blast from the vehicle that left a four to six foot deep crater in the ground. The applicant was in a M1114 up-armored HMMWV at the time of the blast and he was seen by the Battalion PA after the blast. 4. An SF 600, dated 5 May 2005, states the applicant had claims of ringing in his right ear and headaches. He was having lasting effects of a blast from a VBEID and was having headaches when his Kevlar was on. His pain was localized on the right side of his head; post-concussion syndrome (slight). The applicant was prescribed naproxen and to return to medical if the pain worsened. 5. An SF 600, dated 6 February 2015, noted that the applicant had: a. CONCUSSION WITH BRIEF LOSS OF CONSCIOUSNESS (UNDER 1 HOUR). b. ARMED FORCES SPECIAL SCREENING FOR TBI – POSITIVE FINDINGS (SPECIAL SCREENING FOR TBI, POSITIVE). 6. On 28 December 2015, HRC requested a medical review for the applicant’s request for a PH. 7. An SF 507 (Medical Record), dated 26 January 2016, shows the applicant’s medical record was reviewed by a command surgeon at HRC for award for the PH due to the applicant’s claim of a TBI. The medical provider stated that the medical documentation reviewed does not support award based on the: * wound, injury, or death did result from enemy or hostile act, terrorist attack or friendly fire * wound or injury did not require treatment by medical providers, or would have if such provider were available (statements by medics alone do not suffice) * records of medical treatment are not in official Army records 8. The applicant submitted a memorandum to HRC requesting award of the PH. 9. On 16 February 2016, HRC responded to the applicant denying the request stating, “After a thorough review of the information provided, the award of the PH for this particular event does not meet the statutory guidance in accordance with Army Regulation 600-8-22, paragraph 2-8, which requires that medical records must have a diagnosis and treatment by a Medical Officer at or near the time of the incident and link enemy actions to the injury or wound…Hearing loss and tinnitus do not qualify for the award of the PH.” 10. An SF 600, dated 10 March 2015, for a neuropsychological screening and neurobehavioral assessment, states, in part, the applicant, “…stated that he was exposed to multiple IEDs, [rocket-propelled grenades] , mortar and rocket blasts during his multiple combat deployments which resulted in him [being] dazed and disoriented…he experienced approximately three ‘hard landings’ while on Airborne Jump Status (2012-2014) which left him dazed and disoriented….Pre-military Head Injury: …[applicant] was involved in a [motor vehicle accident] rollover in 2001 resulting in a brief loss of consciousness, but stated that he did not experience any problems after the incident.” The diagnosis was: * mild neurocognitive disorder due to TBI (provisional) * pain disorder with both medical (multiple sites) and psychological (aphoria) * post-traumatic stress disorder * major depressive disorder 11. On 29 May 2016, the applicant was placed on the permanent disability retired list (enhanced) and received an honorable characterization of service. He completed 12 years, 4 months and 24 days of total active duty service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in: a. item 12f (Record of Service – Foreign Service) - “0005 09 25” b. item 18 (Remarks) – service in: * Iraq – 22 August 2004 to 22 June 2005 * Iraq – 1 July 2006 to 1 July 2007 * Iraq – 1 April 2008 to 14 May 2009 * Afghanistan – 18 November 2010 to 12 October 2011 REFERENCES: 1. Department of Defense (DOD) Manual Number 1348.33, volume 3, provides guidance regarding DOD-wide performance and valor awards (excluding the Medal of Honor and Defense/Joint Awards), including basis and eligibility requirements, who is eligible to receive, and who is eligible to authorize the decorations and awards. a. Enclosure 3 (DOD-Wide Valor and Performance Decorations and Awards), paragraph 5c(1)(b), states a wound for which the PH is awarded must have been of such severity that it required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the service member's medical and/or health records. Award of the PH may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds were such that they would have required treatment by a medical officer if one had been available to treat them. b. A medical officer is defined as a physician with officer rank. c. A medical professional is defined as a civilian physician or a physician extender. Physician extenders include nurse practitioners, physician assistants and other medical professional qualified to provide independent treatment, for example, independent duty corpsmen and special forces medics. Basic corpsmen and medics, such as combat medics, are not physician extenders. 2. Army Directive 2011-07 (Awarding of the PH) states authority to approve or disapprove recommendations for the award for Soldiers who did not receive a PH while serving in a unit with approval authority for wartime awards is the Commander, HRC, and may be further delegated in writing no lower than the Branch Chief, Awards and Decorations Branch, HRC. 3. Army Regulation 600-8-22 states the PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify that 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. DISCUSSION: 1. At the time of incident in Iraq in 2005, there are conflicting statements on whether or not the applicant loss consciousness, and if he was treated by a PA or a medic. A medic did not meet the definition of a medical professional as defined in DOD Manual Number 1348.33, volume 3. 2. There is no evidence his injuries, to include facial burns, TBI, and loss of consciousness, were of such severity at that time that they required treatment by a medical officer. There is no statement indicating that the extent of his injuries were such that they would have required treatment by a medical officer. 3. The applicant's medical records indicate that, although he is currently being treated for TBI, he was involved in multiple post-incident head traumas and blast exposures. He experienced approximately three hard landings while on Airborne Jump Status from 2012 to 2014 which left him dazed and disoriented. In addition, prior to his military career, he was involved in a motor vehicle accident in 2001, which resulted in a brief loss of consciousness. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001391 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007176 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2