IN THE CASE OF: BOARD DATE: 11 February 2016 DOCKET NUMBER: AR20150007724 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reversal of the decision by the U.S. Army Human Resources Command (HRC) Awards and Decorations Branch denying him award of the Purple Heart. 2. The applicant states, in effect: a. It appears the decision to deny him the PH was based on examples that do not justify its award such as wounds caused by accidents that include explosives not related to or caused by enemy action. b. The improvised explosive device (IED) blast was a deliberate attempt to harm or kill Americans. c. The HRC webpage states in black and white that any injury caused by an enemy placed mine or trap constitutes a PH award. d. The Navy official on site that night stated that the mines were used by Navy Explosive Ordinance Disposal (EOD). e. In reaction to the exploded IED, he hit his head on the jersey wall hurting it enough to cause his eyes to close and he came to hearing a sergeant instructing him to get up. f. After the incident, he had a limited duty profile for his knees and suffered additional symptoms that included headaches and sensitivity to light which fit the criteria for the PH, forming the basis for his rebuttal. 3. The applicant provides: * Standard Form 600 (Chronological Record of Medical Care) * HRC Letter dated 19 February 2015 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 25 August 2005. He was trained in and awarded military occupational specialty 11B (Infantryman). 2. He served in Iraq from 11 August 2007 to 5 November 2008. He was assigned to Company C, 2nd Cavalry Regiment. 3. His Official Military Personnel File (OMPF) contains no evidence to show he ever sustained a wound or injury in combat or by the enemy in hostile action. It also does not include any evidence to show he was ever recommended for or awarded the PH. 4. On 8 February 2009, the applicant was released from active duty having completed 3 years, 5 months and 14 days of net active service this period. The DD Form 214 issued him at that time does not list the PH. 5. The applicant provides a partial copy of an SF Form 600 that documents the treatment he received on the following two dates: a. 24 June 2008 – he appeared for a follow-up for back and leg pain that he had experienced for 10 months and had been seen numerous times. He was prescribed Celebrex (100 mg) which he stated provided him better relief. b. 13 November 2008 – * he complained of continuous pain in parts of his body and instability in both of his knees * his pain worsened after an IED exploded 6 months ago * he had lower back pain a month ago * he had minor swelling superior and medially to both patellas and experiences in these areas * he had full range of motion and bilateral and regular strength in both knees * the “Patient’s Identification” section of this form also contains the entry “no running, jumping, marching, or sit-ups for 30 days” 6. On 19 February 2015, the Chief, HRC Awards and Decorations Branch denied the applicant’s request for the PH indicating the applicant received injuries while taking cover to evade an IED blast. The chief also informed the applicant that injuries accidentally incurred during service or in a combat zone do not entitle Soldiers to the PH and advised him to apply to this Board if he believed his response was unfair or unjust. 7. Army Regulation 600-8-22 (Military Awards) provides that 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 the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record. a. 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 applicable to the Purple Heart. A physical lesion is not required; however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. b. 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 mine or trap * 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 c. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * frostbite or trench foot injuries * heat stroke * food poisoning not caused by enemy agents * chemical, biological, or nuclear agents not released by the enemy * battle fatigue * disease not directly caused by enemy agents * accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * self-inflicted wounds, except when in the heat of battle and not involving gross negligence * post-traumatic stress disorders * jump injuries not caused by enemy action DISCUSSION AND CONCLUSIONS: 1. The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. When contemplating 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 the award. 2. The criteria for an award of the Purple Heart require the submission of substantiating evidence to verify the injury/wound was sustained in action against an enemy or as a result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. 3. The evidence of record does not contain and the applicant did not provide any evidence to show he sustained a combat-related wound as a result of direct enemy action or to show he received medical treatment for any such wounding. He only indicates he sustained an injury when he hit his head on a jersey wall while taking cover from an exploded IED and he provides a medical document that shows he complained of pain that started 6 months earlier when an IED exploded. In this case, it was not the IED that injured the applicant’s head; it was the accident of hitting his head on the wall. As such, his injury does not meet the criteria or the intent for award of the Purple Heart. 4. Furthermore, the applicant states a Navy EOD official confirmed the Navy was using the mines on the night IED exploded which indicates the blast may not have been caused by the enemy. 5. Notwithstanding the applicant’s sincerity, in the absence of documentation that conclusively shows he was wounded or injured as a result of hostile action, treated for those wounds/injuries, and his treatment was made a matter of record, there is insufficient evidence upon which to base award of the Purple Heart in this case. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that 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. ABCMR Record of Proceedings (cont) AR20150007724 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007724 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1