IN THE CASE OF: BOARD DATE: 7 June 2018 DOCKET NUMBER: AR20160013748 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x :x :x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 June 2018 DOCKET NUMBER: AR20160013748 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, in effect, award of the Purple Heart. 2. The applicant states, in effect, the U.S. Army Human Resources Command (HRC) denied his request for award of the Purple Heart. The denial letter stated that there was no diagnosis for concussion or traumatic brain injury (TBI) in the submitted medical documentation, dated 1 September 2009. In his medical record it states "Concussion with LOC (loss of consciousness) 30 minutes or less." 3. The applicant provides copies of his Standard Form (SF) 600 (Health Record – Chronological Record of Medical Care) and the HRC denial letter. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 1 February 2007 and he held military occupational specialty 11B (Infantryman). He was deployed and served in Iraq from 8 July 2007 to 16 January 2008 and from 6 February 2009 to 25 January 2010. 2. He provides a copy of an SF 600, dated 1 September 2009, showing he received medical treatment while in theater for localized shoulder joint pain, secondary from falling down through a gunner’s hatch after an explosion. The examining medical provider stated on the form "Concussion with LOC 30 minutes or less." He was released on the same date without limitations. 3. He was honorably released from active duty on 23 May 2010 and was transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 show he completed 3 years, 3 months, and 23 days of active service. The form also lists the: * Iraq Campaign Medal with two campaign stars * Army Commendation Medal (3rd Award) * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon * Combat Infantryman Badge * Driver and Mechanic Badge with Driver–Tracked Vehicle(s) and Driver- Wheeled Vehicles(s) Clasps 4. Second VIII (Awards and Decorations) of his Enlisted Record Brief does not list the Purple Heart as an authorized award. 6. He provides a letter, dated 25 November 2015, wherein the Chief, Soldier Programs and Services Division, HRC, advised him of the following: * his request for award of the Purple Heart for injuries received while deployed in support of Operation Iraqi Freedom was disapproved * the award of the Purple Heart for that particular event did not meet the statutory guidance in accordance with Army Regulation (AR) 600-8-22 (Military Awards), paragraph 2-8h(3) * the medical documentation, dated 1 September 2009, confirmed that he was involved in an explosively formed penetrator (EFP) incident, but also stated that there was no evidence of a head trauma * there was no diagnosis for concussion or TBI in the submitted medical documentation REFERENCES: 1. AR 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations. The version of the regulation dated 11 December 2007 (effective 8 July 2007), in effect at the time of the applicant’s incident, stated in paragraph 2-8g, examples of enemy-related injuries which clearly justify award of the Purple Heart included injury caused by enemy bullet, shrapnel, or other projectile created by enemy action and concussion injuries caused as a result of enemy-generated explosions. 2. AR 600-8-22, version dated 25 June 2015 (effective 25 July 2015), cited in the HRC memorandum, states in: a. Paragraph 2-8e – 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. b. Paragraph 2-8g – Examples of enemy-related injuries which clearly justify award of the Purple Heart includes concussion injuries caused as a result of enemy-generated explosions, mild TBI or concussion severe enough to cause either LOC 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. c. Paragraph 2-8h(13) – Examples of enemy-related injuries which clearly do not justify award of the Purple Heart include mild TBI or concussions that do not either result in LOC or restriction from full duty for a period greater than 48 hours due to persistent signs, or physical finding of impaired brain function. DISCUSSION: The evidence of record shows on 1 September 2009, the applicant received medical treatment for a concussion and left shoulder joint pain as a result of an EFP incident. The examining medical provider noted the applicant sustained a concussion with LOC of 30 minutes or less. By regulatory guidance, a mild TBI or concussion severe enough to cause LOC meets the criteria for award of the Purple Heart. BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for an injury received on 1 September 2009 and adding this award to his DD Form 214. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160013748 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013748 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2