ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 October 2020 DOCKET NUMBER: AR20200002278 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Medical Records * recommendation for Convalescent Leave * request for Convalescent Leave * Discharge Orders * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Physical Evaluation Board (PEB) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he is requesting a Purple Heart. He was medically retired for injuries received in combat by a Medical Evaluation Board (MEB). His PEB states he was injured while in combat. His well-documented and medically investigated combat injuries were not formally recognized. Although he saw a Purple Heart for him being tracked in a Battalion staff meeting prior to his reassignment to a sister Battalion and then a permanent change of station to Fort Bragg, his Purple Heart never materialized. He always thought the Purple Heart would catch up with him but it never did. 3. The applicant's available service records contain the following documents for the Board's consideration: a. Permanent Orders 265-256, published by Combined Joint Special Operations Task Force, dated 22 September 2003, which shows the applicant was awarded the Combat Infantryman Badge (2d Award). b. A DA Form 638 (Recommendation for Award), dated 14 July 2004, which shows the applicant was recommended for a Bronze Star Medal, which was approved. The award narrative was not present in the applicant's service record. c. The applicant's service record is void of medical documentation showing he was wounded in action against an enemy or as a result of hostile action and documentation showing he was recommended for or awarded the Purple Heart. 4. The applicant provides the following documents for the Board's consideration: a. Medical records, which show: * the applicant was involved in a raid to apprehend an individual while in Iraq * he was swinging tools through a door to gain access * he was wearing approximately 50 to 60 pounds of military gear * he felt a sharp pain in his back during the process * he also got his hand and thumb caught in the door frame * he got his arm pinned behind his back and it went numb for a few seconds * he was diagnosed with severe muscle strain, with probable neuro/long spine complications * he had ligament repair on his right thumb in September 2003 b. A memorandum for the unit commander, dated 10 September 2003 recommending the applicant for 14 days of convalescent leave. c. A DA Form 31 (Request and Authority for Leave), which shows the applicant took convalescent leave starting on 20 September 2003. d. Orders 036-0255, published by US Army Installation Management, Headquarters, United States Army Garrison, dated 5 February 2007, which retired the applicant because of physical disability effective 23 April 2007. e. A DD Form 214 for the period ending 23 April 2007, which shows: * the applicant was a Sergeant Major * he entered active duty on 23 February 1982 * he was released from active duty on 23 April 2007 * he was retired for permanent disability f. A DA Form 199 (PEB Proceedings), dated 10 June 2019, which shows: * he received 10 percent disability for chronic back pain from swinging heavy equipment in full battle gear in Iraq in April 2003 * he received 10 percent disability for chronic neck pain onset during the summer of 1990 * the applicant's medical condition prevented him from satisfactory performance of duty in his grade and primary specialty * the PEB recommended permanent disability retirement * the applicant was injured while mechanically breaching a door during a raid in Iraq in April 2003 * the disability resulted from a combat related injury * the applicant did not concur with the results and demanded a formal hearing * he stated he attached a statement of disagreement * he requested regularly appointed counsel to represent him 5. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is not warranted. 2. The Board noted that the disability that led to the applicant's retirement resulted from a combat-related injury. The Board found, however, that the conditions under which the combat-related injury was incurred do not meet the criteria for award of the Purple Heart insofar as there is insufficient evidence to support a conclusion that the applicant was injured as a result of hostile action. The Board determined the available evidence does not support awarding him the Purple Heart. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX DENY APPLICATION ? 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. 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. REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states 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 that the wound was the result of hostile action, the wound must have required treatment from medical personnel, and the medical treatment must have been made a matter of official record. ABCMR Record of Proceedings (cont) AR20200002278 4 1