ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 April 2019 DOCKET NUMBER: AR20160015988 APPLICANT REQUESTS: The applicant requests that he be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Health Records * Two Sworn Statements FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 requests to be awarded the Purple Heart due to an injury, receiving shrapnel in the left arm, from when his unit came under attack by enemy fire. He received shrapnel from a mortar attack while they were deployed to Iraq. His injuries meet the requirements for the Purple Heart. 3. Having prior enlisted service, on 14 April 1993, the applicant entered in the Regular Army. He held the military occupational specialty 92Y (Unit Supply Specialist). He served in Iraq from 23 August 2006 to 8 November 2007 and again from 3 January 2010 to 17 August 2010. 4. On 10 October 2008, an official from the U.S. Army Resources Command sent a letter to Congressman R_ P_ on behalf of the applicant. He stated: a. This is in response to his letter of 2 October 2008, on behalf of the applicant, concerning his desire to obtain an award of the Purple Heart for injuries he received during Operation Iraqi Freedom. b. The criteria for award of the Purple Heart require it to be awarded to Soldiers for wounds or injuries received as a direct result of enemy action. The wounds must have required treatment by medical personnel and been made a matter of official record. Official documentation reflecting medical treatment following the incident must be provided. c. They reviewed the Defense Casualty Records for Operation Iraqi Freedom and were able to locate a casualty report for the applicant. This report does indicate that his injuries were the direct result of enemy action. The medical documentation included with the request indicates that he suffered from a superficial abrasion to his left arm. They noted that the applicant received a tetanus booster shot and a round of antibiotics; however, this was to prevent infection rather than treat the wound itself. As a result, he is not entitled to an award of the Purple Heart. 5. A Personnel Action Form Addendum, dated 25 November 2008, shows the battalion commander recommended disapproval of awarding the applicant the Purple Heart. He stated the deployed chain of command could not establish that the injury was caused by a mortar fragment. There were no witnesses to the injury. The brigade command also recommended disapproval and stated this request contains no compelling evidence that persuaded him to recommend overturning the chain of command’s assessment, recommendations, and decisions on award of the Purple Heart. 6. On 31 December 2012, he was honorably retired. On 1 January 2013, he was placed on the retired list. He completed 19 years, 8 months, and 17 days of net active service this period and 4 months and 9 days of prior active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not list the Purple Heart as one of the awards awarded or authorized. 7. The applicant provides: a. Health Records, dated 27 October 2007, states: (1). The applicant reported to the troop medical clinic (TMC) 30 minutes after a mortar attack on the forward operating base. He reports that he was in the vicinity of mortar impact areas. He was exiting his living quarters to go to the bunker when he felt a sharp sting in his left arm. When he got to the bunker, he noticed that his left forearm was bleeding. He immediately reported to the TMC once the "all clear" was given. After the incident, he was able to recover the fragment he was struck by from just outside his living quarters. (2) Examination of the left forearm reveals a slightly oblique 12 centimeter abrasion to the volar surface. The wound was very superficial with very small amount of capillary bleeding present at the time. b. Sworn Statement from Master Sergeant X_ states: (1) On the morning of 24 October 2007, while in Iraq, their camp came under an indirect fire attack with 120 millimeter mortars. After the first round impacted he preceded to the bunker located approximately 2 meters outside the door to his living container. His Soldier, the applicant, arrived at the bunker about one minute later and he noticed his left arm was bleeding. He immediately performed buddy aid to clean and dress the wound which started at his bicep and extended to the middle of his forearm. It was approximately 8 inches in length and the cut was deeper towards the top portion near his bicep. (2) After the all clear signal was given for the camp, he and the applicant stopped by the living area to retrieve some personal items so that he could take the applicant to the TMC for medical evaluation of his wound. Outside the door of his living container, where the applicant said he was when he was wounded, they found a piece of shrapnel lying on the ground. The shrapnel was approximately 2 inches in length. He then escorted the applicant to the TMC where he was treated by the medics on duty. (3) He informed the entire chain of command that the applicant had been wounded by mortar attack sustaining a cut on his left arm, but it was not life threatening. He asked the first sergeant (1SG) what information he required from him to process a Purple Heart for the applicant and the 1SG told him to send him a copy of the medical report. He sent a copy of the medical report to the 1SG and ensured the applicant had a copy for his records since they were about two weeks from their tour of duty ending in Iraq. (4) Later that week he was informed that the company commander, was not recommending the applicant for a Purple Heart because he did not think the wound qualified for a Purple Heart. A few days later he was having a discussion with the new S-4 NCOIC (noncommissioned officer in charge) about the incident. The NCOIC told him that he did not think the decision the company commander made was the correct one. The company commander happened to be walking by and overheard their conversation. The company commander told him that it was a commander’s decision on whether or not the Purple Heart was awarded. c. Sworn Statement by X_ (former company commander) states: (1) The applicant was under his command and was involved with a rocket attack in Iraq. After the attack, the applicant was bleeding from a scratch on his forearm; however, he did not know where it came from. Upon further investigation, he decided that it did not warrant a Purple Heart. The applicant was at least 100 meters from the point of impact. There was no straight line distance in between him and the point of impact due to barriers, trailers, and other material. SGT X_ was on site near the applicant and believed that the injury was caused when the applicant dove for cover and was not from shrapnel from the rocket. (2) Immediately after the attack, the applicant did not know what the scratch was caused by. After receiving minor medical aid (cleaning and bandaging of the scratch), the medical officer did not feel that the injury warranted submission for the Purple Heart. He spoke to the brigade physician’s assistant, CPT X_ and after review of the situation and wound, he felt that the injury was not caused by shrapnel and that the scratch was not severe enough to warrant any aid other than buddy-aid. After a thorough review of all the facts, he felt, as his commander, that this event did not warrant a Purple Heart. (3) After that conversation he researched the authorization for a Purple Heart online and his interpretation was different. His interpretation was that the commander only needed to verify that the Soldier was wounded by an enemy attack and if the facts were there to support it then the award is automatically authorized. He informed the company commander of what he found and again was told that the issue was done and that was the end of the conversation. 8. Army Regulation 600-8-22 provides the criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by personnel, and the medical treatment must have been made a matter of official record. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based upon the documentary evidence available, both provided and within the military service record, the Board concluded there was insufficient evidence to show that the injuries incurred by the applicant was as a result of hostile enemy action. Additionally, based upon the medical record describing the injuries as “superficial abrasions,” the Board also concluded that the injuries incurred by the applicant did not meet the standards for the Purple Heart outlined in AR 600-8-22. For those reasons, the Board recommended denying the applicant’s request. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states 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. ABCMR Record of Proceedings (cont) AR20160015988 2 1