ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:   BOARD DATE: 23 July 2021 DOCKET NUMBER:  AR20210005725 
APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. DD Form 149 (Application for Correction of Military Record) 
. Self-authored document, titled "Facts and Evidence for Purple Heart Letter" 
. Military Personnel (MILPER) Message 11-125, Army Directive 2011-07, 
Awarding the Purple Heart 
. Permanent Orders 200-012 
. Medical Records, created in April 2015 
. Department of Veterans Affairs Benefits Letter, May 2016 
. Self-authored Description of Qualifying Incident Letter, dated September 2020 
. Letter of Endorsement, dated July 2018, from a retired colonel 
. Physical Therapy Letter, dated 22 October 2019 
. Sworn Statement 
. DD form 214 (Certificate of Release or Discharge from Active Duty) 
. Form 215 (Correction to DD Form 214) 
. Company Roster, E Company, 3rd Battalion, 69th Armor 
. Permanent Order 45-8, Unit Temporary Change of Station orders 
. U.S. Army human Resources Command Letter 
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 Army Board for Correction of Military Records (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 he meets the criteria for the Purple Heart under Army Directive 2011-07 (Awarding the Purple Heart), dated 29 April 2011 and MILPER (Military Personnel) Message 11-125. He would like his active duty DD Form 214 to be adjusted to reflect the award of the Purple Heart for an injury sustained on 22 June 2007 in support of Operation Iraqi Freedom. Traumatic Brain Injury (TBI) is related to his request. He was not informed of the 2011 change for concussion and TBI for the Purple 

Heart until June 2018. His medical records will show he was prescribed medication for his head injury and treated for TBI and is still, years later, being treated for the injury sustained on 22 June 2007. 

3. 
The applicant provides: 


a. Medical Record, dated 22 June 2007, from the Theater Facility, shows his medication of Tylenol. His reason for visit was for Injury from Terrorist Explosion Blast: Post Improvised Explosive Device. It also shows; 
. Chief Complaint: Status Post IED Blast Explosion/Blast 
. History of present illness: No headache, no eyesight problems and no white light spots in the field of vision. No tinnitus. No nausea and no vomiting. No light headiness, no dizziness, no decrease in concentrating ability, no confusion or disorientation, and no difficulty keeping balanced. No light irritability. 
. Subjective: He was the tank commander in a Bradley when the EFP (Explosively Formed Penetrator) detonated on the left side of the vehicle. He was wearing his Army Combat Helmet, eye protection, hearing protection and flak vest. Negative Loss of Consciousness (LOC) 
. Physical findings: Pharynx: Oropharynx: Normal. The applicant reported inhalation of smoke post blast. Ash was visible. No erythema, ecchymosis or edema (E/E/E) 
. Assessment: Injury from Terrorist Explosion Blast . Disposition: Released Without Limitations Injury 
b. 
Permanent Orders 200-012, dated 19 July 2007, issued by Headquarters, Multi-National Division, Camp Liberty, Iraq, shows he was awarded the Combat Action Badge for actively engaging or being engaged by the enemy on 22 June 2007. 

c. 
Medical Record, dated 1 May 2008, Martin Army Community Hospital, Fort Benning, GA, Winder Troop Medical Clinic shows his reason for visit was Injury from Terrorist Explosion Blast. The assessment was seen cervicalgia. He stated he was hit with an IED in Iraq and the Bradley Turret Hatch fell on him. 

d. 
Medical Record, dated 14 August 2008, MACH, Fort Benning, GA, Readiness Processing Center, shows and initial appointment for TBI. Assessment headache and reported physical trauma (Personal History of TBI, Global War on Terrorism (GWOT) Related) Highest level of severity mild (Glasgow coma scale 13-15), LOC<1hour, Post trauma amnesia<24hours). Disposition: Released without limitations. 


e. MILPER Message Number 11-125, issued 29 April 2011, shows: 
(1) A non-exclusive list provides examples:  the signs and symptoms or medical conditions documented by a medal officer or medical professional that meet the standard for award of the Purple Heart. 
. Diagnosis of Concussion or mTBI . Any period of loss or a decreased LOC . Any loss of memory for events immediately before or after the injury . Neurological deficits (weakness, loss of balance, change in vision, praxis 
(difficulty with coordinating movements), headaches, nausea, difficulty with understanding or expressing words, sensitivity to light, etc). that may or may not be transient and 
. Intracranial lesion (positive Computerized Axial Tomography (CAT) or Magnet Resonance Imaging (MRI) Scan 
(2) Non-exclusive list provides examples of medical treatment for concussion that meet the standard of treatment necessary for award of the Purple Hear: 
. Limitation of duty following the incident (limited duty, quarters, etc) . Pain medication such as acetaminophen, aspirin, ibuprofen, etc. to treat 
injury, such as headache . Referral to neurologist or neuropsychologist to treat the injury; and, . Rehabilitation (such as occupational therapy, physical therapy, etc) to treat 
injury 
f. 
A VA letter, date 17 May 2016, shows his combined rating is 100%. It also shows visual impairment due to TBI. TBI and adjustment disorder with anxiety. 

g. 
In a sworn statement from J__, states he was deployed with the applicant and was present when his Bradly was struck with an IED. The blast rocked the right side of the Bradley causing it to lift off the ground and lose power. The medic noticed both the gunner and TC had sustained injuries and requested they be sent to the aide station as well for follow up treatment and evaluation. His initial report was that they both appeared to be distant and banged badly. He was informed that all drivers had suffered concussion and further monitoring was needed. A couple of days after the blast they were able to see the applicant and he complained of headaches and light sensitivity. 

h. 
A letter of endorsement for the Purple Heart for mild TBI (mTBI) injuries, dated 10 July 2018, from his battalion commander, P__, during his deployment to Iraq from March 2007 to May 2008. P__ states the applicant meets the requirements to qualify for the Purple Heart for mTBI. The applicant was injured during an IED incident on 23 Jun 2007 in the Baghdad area of Iraq during their deployment. He can affirm that according to his medical physician and behavioral health physician, he was treated for head trauma and recurring headaches. 

i. 
A letter of confirmation of sustained mTBI, from Dr. M__, dated 22 October 2019 shows he was the applicants’ platoon medical during their deployment to Iraq from March 2007 to May 2008. The applicant exhibited signs of TBI, but was ambulatory. He exhibited signs of TBI: headache, light and noise sensitivity, and impaired visuo-vestibular function. He also exhibited musculoskeletal signs of head and neck trauma: spastic, tender to palpate, and mild limitation in range of motion throughout his cervical and shoulder intrinsic and extrinsic musculature. He recommended follow up of the forward operating base doctor for further revaluation and medical prescription. 

j. 
Self-authored description of qualifying incident and the conditions under which the Soldier was injured or wounded memorandum, dated 7 September 2020, states and IED detonated on the right side of the applicants Bradley Fighting Vehicle. One Explosively Formed Projectile (EFP) slug penetrated the BFV and caused the vehicle to erupt in flames. The applicant lay prone atop the burning engine compartment, reaching into the drivers hatch to free the jammed door latch. There was no radio communication following the blast. The applicant ordered the vehicle commander and the medic to move ahead 500 meters to Forward Operating Base (FOB) Lo___. The applicant and his squad leader proceeded with extinguishing the fire and recovery operations. The applicant informed the medical provider of having a headache and was prescribed acetaminophen. The applicant was seen over six times at the FOB Ru___ hospital by a medical provider for headaches, neck and upper back pain following the IED blast. 

k. 
The facts and evidence for Purple Heart award memorandum, dated 25 September 2020, states when recommending and considering award of the Purple Heart, the chain of command will ensure the criteria in paragraph 2-8 of reference B is met, and that both diagnostic and treatment factors are present and documented in the Soldier’s medical record by a medical officer. Diagnosis of concussion or mTBI; evidence provided in medical records dated 22 June 2007, signed by medical provider. Pain medication such as acetaminophen, aspirin, ibuprofen, etc. to treat injury, such as headache; Evidence for prescribed acetaminophen (500mg tablet) provided in medical records dated 22 June 2007, signed by medical provider. Unsure why medical provider did not annotate dizziness and headache but proscribe medication. 

l. 
A VA Consult Request, dated 22 September 2020, shows he has service connected eligibility from OEF/OIF. His rated disabilities are migraine headaches-50%, TBI-40%, and Tinnitus-10%. 


4. Review of the applicant's service records shows: 
a. 
He was appointed as a Reserve commissioned officer and executed an oath of office on 8 May 2005. He entered active duty on 26 June 2005 and held the area of concentration 12A (Engineer).  

b. 
He served in Iraq from 12 March 2007 to 23 April 2008. He also served in Afghanistan from 9 February 2013 to 26 October 2013. 

c. 
He was honorably released from active duty on 30 January 2016 due to completion of his required active service. His DD Form 214 shows he was awarded or authorized: 


. Afghanistan Campaign Medal with campaign star . Bronze Star Medal (2nd Award) . Meritorious Service Medal . Army Commendation Medal (7th Award) . Meritorious Unit Commendation . Valorous Unit Award . National Defense Service Medal . Global War on Terrorism Service Medal . Iraq Campaign Medal with campaign star . Army Service Ribbon . Overseas Service Ribbon . NATO Medal . Ranger Tab . Combat Action Badge . Parachutist Badge . Air Assault Badge 
5. He applied to the U.S. Army Human Resources Command (HRC) for award of the Purple Heart. By letter, HRC, Awards and Decorations Branch, informed him that the request for award of the Purple Heart for injuries received while deployed in support of Operation Iraqi Freedom is disapproved. 
a. 
After a thorough review of the information provided and consultation with the U.S. Army Human Resources Command Office of the Surgeon General, the forwarded recommendation for award of the Purple Heart does not meet the statutory guidance outlined in Army Regulation 600-8-22 (Military Awards), paragraph 2-8c. 

b. 
The medical documentation provided does not indicate diagnosis of and treatment for a qualifying injury. 


6. By regulation (AR 600-8-22), to be awarded the Purple Heart, the regulatory guidance requires all elements of the award criteria to be met; there must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment a matter of official record. Additionally, when based on a TBI, the regulation stipulates the TBI or concussion must have been severe enough to cause a loss of consciousness; or restriction from full duty due to persistent signs, symptoms, or clinical findings; or impaired brain functions for a period greater than 48 hours from the time of the concussive incident.  
BOARD DISCUSSION: 
Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. 
In events involving TBI and other similar injuries, the applicant’s record must show that 
the brain injury or concussion severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident.  After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the request. 
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. 
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. 
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 (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 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. 

b. 
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 the sole justification for the award. 

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


. Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action 
. 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 loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain function for a period greater than 48 hours from the time of the concussive incident 
//NOTHING FOLLOWS//