IN THE CASE OF: BOARD DATE: 6 July 2020 DOCKET NUMBER: AR20200002555 APPLICANT REQUESTS: to be awarded the Purple Heart for injuries sustained by direct enemy fire. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 25 June 2013 * Medical record dated 23 July 2015 * Veterans Affairs Rating Decision dated 2 November 2018 * Annex A Map * Narrative Statement * Photographs * DA Form 2823 (Sworn Statement) dated 29 April 2019 * DA Form 2823 dated 6 November 2019 * Letter from Staff Sergeant B_ FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR 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 that one of the Soldiers that was with him during an attack by the enemy wherein an Improvised Explosive Device (IED) deployed under the vehicle that they were driving was awarded the Purple Heart. This incident resulted in their vehicle being thrown into the air. It is because of this incident that he suffers from post- traumatic stress disorder (PTSD). He understands that the diagnosis of PTSD alone does not necessarily qualify persons to be awarded the Purple Heart because the condition is not a “wound intentionally caused by the enemy from an outside force or agent,” however his condition is in direct relation to this event. He was recently made aware of his possible entitlement to be awarded the Purple Heart since another Soldier (Specialist P_) involved in this incident had been awarded one. 3. A review of the applicant’s available personnel records reflects the following: a. On 5 August 2005 he enlisted in the United States Army Reserve (USAR) under the Delayed Entry Program. b. On 16 August 2005 he enlisted in the Regular Army (RA). c. On 2 September 2010 (Order# ST-245-0052) he was ordered to deploy to Kuwait in support of Operation Enduring Freedom on or about 30 October 2010 for 365 days. d. On 18 June 2013 (Order# 169-0043) he was reassigned to the United States Army transition point pending separation. e. On 25 June 2013 he was discharged from the RA. The DD Form 214 issued at that time reflects service in Iraq from 7 December 2007 to 19 February 2009. However there are no orders or additional documentation available concerning his deployment during that period. 4. The applicant provides the following: a. DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 25 June 2013 – see 3e. b. Medical Documentation dated 23 July 2015 reflective of him being diagnosed with PTSD associated with a traumatic brain injury (TBI) (possible result of motorcycle incident; denied head injury on 14 April 2013 although he did complain of headaches associated with IED blast) documented on 29 September 2019. Further noted is that during his deployment to Iraq from 2007-2009 he experienced several traumatic events to include retrieval of a dead body out of a vehicle that was struck by an IED. He also noted that during this deployment they received a lot of combat action to include his vehicle also being hit by an IED while on patrol. c. Veterans Affairs Rating Decision dated 2 November 2018 reflective of his rating for disabilities sustained as related to his military service. A rating of 70% disabling was awarded for his diagnosis of PTSD, however his claim for a TBI was denied and deemed to be “nonservice connected.” d. Annex A Map reflective of the applicant being assigned to vehicle “A14” (driver). The provided timeline details that at approximately 1501 hours (hrs) his vehicle made contact with an IED. At 1543hrs medical evacuation was initiated. At 2012hrs his vehicle returned to check point (CP) 116. e. Narrative Statement reflective of an account of events associated with the mission involving detonation of an IED. Contained within is the statement that one Soldier was injured in this event. The document is void of the name of the Soldier, injuries sustained or the vehicle that he/she was traveling in. f. Photographs reflective of evidence presented associated with the event. Document labeled as (20181015 A CO Red DBIED Strike) indicates that the injured Soldier was medically evacuated. Further noted is that the vehicle that the applicant was driving sustained damage but would be returned to service within a few days. g. DA Form 2823 (Sworn Statement) dated 29 April 2019 reflective of a Second Lieutenant E_'s account of events occurring on or about 16 October 2008 wherein he provides that the applicant's vehicle was struck by an IED, immobilizing the vehicle, while attempting to maneuver down the road in order to assist with casualties sustained during a previous IED attack. The document is void of information associated with possible injuries being sustained by the applicant or other passengers within his vehicle. h. DA Form 2823 dated 6 November 2019 reflective of the applicants Company Commander (Mr. P_) account of events occurring on 15 October 2008 wherein he provides that a total of 5 vehicles were involved in this mission. He indicates that the applicant’s vehicle was designated for use as casualty evacuation (CASEVAC). He further provides that this vehicle sustained damages associated with an IED attack while attempting to provide aid to another vehicle. The CASEVAC vehicle contained the applicant, the platoon sergeant and a medic. (In his statement to the Board, the applicant notes that the medic (Specialist P_) was awarded a Purple Heart.) The document is void of information associated with possible injuries being sustained by the applicant or other passengers within his vehicle. i. Letter from Staff Sergeant B_ reflective of his account of the mission involving the IED attack wherein he provides that two Soldiers were wounded in the vehicle that the applicant, the platoon sergeant and the medic were sent to provide aide to when they too were hit by an IED. However he further attests that the vehicle that the applicant was driving was rendered useless due to the damage caused by the IED and that all persons inside were injured. He does not recall the injuries sustained but he does recall having to evacuate the Soldiers back to the battalion aid station for further evaluation by the Physician Assistant. Very little details in medical records were kept due to their forward location. 5. The applicant did not provide nor does a review of his available records reflect evidence associated with injuries sustained during this event (Casualty Report or Standard Form 600 – Chronological Record of Medical Care). 6. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board noted that the criteria for the Purple Heart clearly state that PTSD does not make a Soldier eligible for this award. As such, the applicant is not authorized the Purple Heart based on his PTSD diagnosis. 3. The Board found insufficient evidence showing the applicant incurred a wound as a result of hostile action, that the wound required treatment by a medical officer, or that any wounds were documented in his medical records. The Board determined there is no basis for granting relief in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2 Army Regulation 600-8-22 (Military Awards) dated 15 September 2011 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart 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. 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 above. A physical lesion is not required; however, the wound for which the award is made must have required treatment by medical personnel. c. When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. Examples of enemy related injuries which clearly do not justify award of the Purple Heart include post traumatic stress disorders. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002555 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1