ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:  BOARD DATE:  19 October 2020 DOCKET NUMBER:  AR20200002849 


APPLICANT REQUESTS:  reconsideration of his previous request for award of the Purple Heart. 

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)

.Denial memorandum from the U.S. Army Human Resources Command (HRC)

.Multiple Standard Forms 600 (Chronological Record of Medical Care)

.Walter Reed Medical Center Operative Report

.Internet Printout regarding the Purple Heart



FACTS: 

1.Incorporated herein by reference are military records which were summarized in theprevious consideration of the applicant's case by the Army Board for Correction ofMilitary Records (ABCMR) in Docket Number AR20060016456, on 7 June 2007.

2.The applicant states he requests award of the Purple Heart for injury sustained whileserving in Iraq, from 1 April 2004 to 13 July 2004.

3.The applicant provides:

a.Operative Report, Walter Reed Army Medical Center, dated 25 October 2005. Itstates he underwent an L5-S1 posterior lumbar interbody fusion with instrumentation procedure.  He had a lifestyle limiting low back pain.  He had been experiencing lower back pain for several years and in recent years, it had been more difficult to recover from pain.  The history also indicated he was recently in Iraq and experienced some aggravation of pain described as lower back pain. His back pain has been refractory to all modalities of all conservative management.   

b.Multiple Standard Form 600, Chronological Record of Medical Care, dated onvarious dates between July 2004 and February 2006, pertaining to previous low back 
pain that had been exacerbated by combat operations in Iraq.  He underwent fusion surgery and physical therapy.  

c.Denial memorandum from the U.S. Army Human Resources Command thatessentially state he had previously submitted his Standard Forms 600 (Chronological Record of Medical Care), and HRC could not conclusively determine whether he was diagnosed with and treated for a qualifying injury received as a direct result of enemy action.  Moreover, due to the lack of an award narrative and sworn/notarized eyewitness statements, there is no date or description of incident upon which to base his request.  

d.Internet printout pertaining to award of the Purple Heart.

4.Review of the applicant's service records shows:

a.He enlisted in the Regular Army on 2 October 1991 and he held a maintenancemilitary occupational specialty. 

b.He served through multiple reenlistments in a variety of stateside or overseasassignments, including Iraq from 23 February 2003 to 23 April 2003 and 13 May 2004 to 13 July 2004, and other tours in Afghanistan.  He was advanced to master sergeant (MSG)/E-8.  

c.He retired on 30 June 2006 and he was placed on the retired list in his retiredrank/grade of MSG/E-8 on 1 July 2006. His DD Form 214 does not list the Purple Heart as an authorized award.  

d.His Chronological Record of Medical Care indicates he received medicaltreatment on 21 May 2004 for lower back pain after a combat re-supply run in Baghdad, Iraq.  The examining physician indicated the applicant was complaining of radicular pain in both legs.  He was full kit when a vehicle driver began evasive maneuvers to avoid contact.  The applicant was in the top gunners hatch and was thrown.  The applicant fell during these maneuvers and "wrenched" his back "hard."  He was treated with medications and bed rest.  He received medical treatment again on 1 July 2004. The examining physician noted that the applicant's injury had occurred previously and had recently been exasperated while on a combat patrol maneuver in Iraq.  He was treated with medications and bed rest. 

e.His VA Rating Decision, dated 11 July 2006, shows service connection for StatusPost L5-S1 Spinal Fusion at 20%; Status Post Left Hip Stress Fracture with Restricted Range of Motion at 10%; Recurrent Bilateral Tinnitus at 10%; Insomnia at 10%, Cervical Spine Osteoarthropathy at zero%, Gastroesophageal Reflux Disease zero%; and Status Post L5-S-1 Spinal Fusion with Residual Scar at zero%.  

f.On 7 June 2007, the Board considered his request for award of the Purple Heartand denied his request.  The Board determined: 

(1)His Chronological Record of Medical Care verifies he received medicaltreatment for lower back pain after a combat re-supply run in Iraq.  His medical documents indicated he was later admitted to the hospital and received posterior lumbar interbody fusion surgery. 

(2)Award of the Purple Heart requires the recipient be participating in direct orindirect combat operations as a necessary prerequisite, but is not sole justification for award of the Purple Heart.  The degree to which the enemy caused the injury must be considered. 

(3)There is insufficient evidence to show that the enemy caused his lower backproblem to a degree that would warrant award of the Purple Heart.  His medical documents indicate he had experienced lower back pain for several years and had been aggravated during a combat re-supply run in Iraq.  Therefore, there is insufficient evidence to show he has met the requirements for award of the Purple Heart. 

g.On 27 November 2019, by memorandum, HRC Awards and Decorations Branchalso denied his request.  An HRC official stated: 

(1)This is in further response to his request concerning his desire to obtain anaward of the Purple Heart.  HRC remains unable to authorize the Purple Heart for issuance.  HRC acknowledged receipt of Standard Forms 600 (Chronological Record of Medical Care), all of which were submitted with his previous correspondence.   

(2)HRC still could not conclusively determine whether he was diagnosed withand treated for a qualifying injury received as a direct result of enemy action, as outlined in Army Regulation 600-8-22 (Military Awards), paragraph 2-8.   

(3)Moreover, due to the lack of an award narrative and sworn/notarizedeyewitness statements, there is no date or description of incident upon which to base his request.  Therefore, without significant evidence to the contrary, HRC concluded he did not meet the regulatory criteria for award of the Purple Heart. 

4.By regulation (AR 600-8-22), the Purple Heart is awarded for a wound sustained inaction against an enemy or as a result of hostile action.  Substantiating evidence mustbe provided to verify:

.the wound was the result of hostile action

.the wound must have required medical treatment

.the medical treatment must have been made a matter of official record


BOARD DISCUSSION: 

After review of the application and all evidence, including the applicant’s statement, the Board found insufficient evidence to grant relief and amend the decision of the ABCMR in Docket Number AR20060016456, on 7 June 2007.  The Board determined that the preponderance of evidence indicates he had a preexisting back injury, provided no new evidence.  The record contains insufficient evidence to establish that he was wounded as a result of enemy action.  Therefore the Board found that the applicant does not meet the regulatory requirements for award of the Purple Heart Medal. 


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XX :XX :XX 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. 


XCHAIRPERSON

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: 

Army Regulation (AR) 600-8-22 (Military Awards), prescribes policies and procedures for military awards and decorations, to include the Purple Heart.   

a.The Purple Heart is awarded for a wound sustained while in action against anenemy 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. 

b.When contemplating an award of this decoration, the key issue that commandersmust 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 the sole justification for the award. 

c.Examples of enemy-related injuries which clearly justify award of the Purple Heartare as follows: 

.Injury caused by enemy bullet, shrapnel, or other projectile created by enemyaction

.Injury caused by enemy-placed trap or mine.

.Injury caused by enemy-released chemical, biological, or nuclear agent.

.Injury caused by vehicle or aircraft accident resulting from enemy fire.

.Concussion injuries caused as a result of enemy-generated explosions.

.Mild traumatic brain injury or concussion severe enough to cause either lossof consciousness or restriction from full duty due to persistent signs,symptoms, or clinical finding, or impaired brain function for a period greaterthan 48 hours from the time of the concussive incident



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