IN THE CASE OF: 

		BOARD DATE:  3 October 2021

		DOCKET NUMBER: AR20210009852


APPLICANT REQUESTS: reconsideration of his previous request to be awarded the 
Purple Heart. He also requests a video/telephonic appearance before the Board. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Department of Veterans Affairs (VA) Letter, dated 31 July 2020
*	Rated Disabilities Breakdown Sheet for applicant

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20040010184, dated 4 August 2005.

2.  The applicant states:

a.	He was deployed to the Middle East for Desert Storm in late 1990 and returned 
to his duty station in Kitzingen, Germany in May 1991. His expiration time in service 
date was October 1991. He states the exact dates are unclear but approximately mid 
July 1991, he had all of his household goods shipped and his plane ticket to out-process 
in Fort Dix, New Jersey was in hand for two days later.

	b.  He went to bed (in his room in the barracks). He was later awoken by a large 
serrated knife penetrating his sternum (he can still recall feeling each serration) nicking 
his heart, collapsing a lung, damaging his liver, as well as a lot of his intestines. The 
person was a Turkish National that paid someone to sneak them onto base in the trunk 
of their car and then climb into the open window of his room. They were apprehended 
and held in case he died. He was on life support for 21 days in a German hospital 
before finally coming to. He was asked if he wanted to stay in country to press charges 
or if they should hold the person until he was well enough to leave the country, he opted 
for the second option since attempted murder in Germany was only a maximum of 3 
years. 

b.	He felt that the injuries he sustained (physically and mentally) due to this hostile 
action should merit the award of a Purple Heart based upon the Army Regulations. 

c.	He is currently receiving VA Disability for Post-Traumatic Stress Disorder (PTSD) 
(partially related to this incident) as well as for the scar on his sternum to stomach which 
required 24 staples. Sadly, as a forward observer, he was obviously safer in combat 
than sleeping in his own bed on a military base.

d.	Unfortunately, there is no medical documentation that he can find from this; 
however, if needed his mother and family members could write a letter in regards to the 
phone call she had gotten from his company commander when this happened as well 
as the phone calls he received until he was released from the hospital.

3.  A review of the applicant's official record shows:

a.	DD Form 214 (Certificate of Release or Discharge from Active Duty) that reflects 
the following information:

*	Item 12a (Dated Entered AD This Period): "2 October 1989"
*	Item 12b (Separation Date This Period): "1 October 1991"
*	Item 12c (Net Active Service This Period): "2 years'
*	Item 12f (Foreign Service): "1 year, 5 months, and 11 days"
*	Item 13 (Decorations, Medal, Badges, Citations and Campaign Ribbons 
Awarded or Authorized): Does not show the Purple Heart
*	Item 18 (Remarks): "Service is Southwest Asia 15 December 1998 to 
28 April 1991"
*	Item 23 (Type of Separation): "Release from Active Duty"
*	Item 24 (Character of Service): "Honorable"
*	Item 28 (Narrative Reason for Separation): "Directed by the Secretary of the 
Army – Convenience of Government"

4.  The applicant provides the following documentation:

a.	VA letter, dated 31 July 2020, which shows he was given a combined service
-connected disability rating of 70 percent.

b.	Rated Disability Worksheet, shows he has disability ratings for the following 
service connected conditions, in pertinent part:

*	10 percent: Tender Scar from Exploratory Laparotomy with Pneumothorax, 
right
*	50 percent: PTSD with Major Depressive Disorder

5.  ABCMR Docket Number AR20040010184, dated 4 August 2005, reflects the 
applicant was denied his request for the award of the Purple Heart. This case notes that 
the facts and circumstances surrounding his medical issues were not contained in the 
available medical records. The Board noted that the applicant had not explained why he 
believes he is entitled to the award of the Purple Heart, and his records did not contain 
any evidence showing he was authorized or awarded the Purple Heart. 

BOARD DISCUSSION:

1.  The applicant's request for a personal appearance hearing was carefully considered.  
In this case, the evidence of record was sufficient to render a fair and equitable 
decision.  As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.

2.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
Board expresses their sympathy for the difficult circumstances he endured.  The Board 
determined there is insufficient evidence that shows the incident met regulatory 
guidance for entitlement to a Purple Heart, nor sufficient evidence to amend the 
previous Board’s decision.

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 to amend the decision of the ABCMR set forth in Docket 
Number AR20040010184 on 4 August 2005.


		  
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.  Army Regulation 600-8-22 (Military Awards), 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, not merely examination, by a medical officer. Additionally, treatment of the 
wound will be documented in the Service member's medical and/or health record. 
Award of the Purple Heart 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 was such that they 
would have required treatment by a medical officer if one had been available to treat 
them.

   c.  When contemplating an award of the Purple Heart, 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 award.  

   d.  Examples of injuries or wounds that clearly do not justify award of the Purple 
Heart include PTSD, hearing loss and tinnitus, mild Traumatic Brain Injury (TBI) or 
concussions that do not either result in loss of consciousness or restriction from full duty 
for a period greater than 48 hours due to persistent signs, symptoms, or physical finding 
of impaired brain function.

2.  Army Directive 2011-07 (Awarding the Purple Heart), dated 18 March 2011, provides 
clarifying guidance to ensure the uniform application of advancements in medical 
knowledge and treatment protocols when considering recommendations for award of 
the Purple Heart for concussions (including mild TBI and concussive injuries that do not 
result in a loss of consciousness). The directive also revised AR 600-8-22 to reflect the 
clarifying guidance.  

  a.  Approval of the Purple Heart requires the following factors among others outlined 
in Department of Defense Manual 1348.33 (Manual of Military Decorations and 
Awards), Volume 3, paragraph 5c: wound, injury or death must have been the result of 
an enemy or hostile act, international terrorist attack, or friendly fire and the wound for 
which the award is made must have required treatment, not merely examination, by a 
medical officer. Additionally, treatment of the wound shall be documented in the 
Soldier's medical record.  

  b.  Award of the Purple Heart may be made for wounds treated by a medical 
professional other than a medical officer provided a medical officer includes a statement 
in the Soldier's medical record that the extent of the wounds was such that they would 
have required treatment by a medical officer if one had been available to treat them. 

  c.  A medical officer is defined as a physician with officer rank. The following are 
medical officers: an officer of the Medical Corps of the Army, an officer of the Medical 
Corps of the Navy, or an officer in the Air Force designated as a medical officer in 
accordance with Title 10, United States Code, section 101. 

d.  A medical professional is defined as a civilian physician or a physician extender.  
Physician extenders include nurse practitioners, physician assistants and other medical 
professionals 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.

3.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) 
provides that the ABCMR begins its consideration of each case with the presumption of 
administrative regularity. The applicant has the burden of proving an error or injustice by 
a preponderance of the evidence. The ABCMR may, in its discretion, hold a hearing or 
request additional evidence or opinions. Additionally, it states in paragraph 2-11 that 
applicants do not have a right to a hearing before the ABCMR. The Director or the 
ABCMR may grant a formal hearing whenever justice requires.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210009852


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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