ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 September 2019 DOCKET NUMBER: AR20160018519 APPLICANT REQUESTS: in effect, reversal of the U.S. Army Human Resources Command (HRC), Awards and Decorations Branch, to deny him award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Witness Sworn Statement dated 6 February 2008 * Witness Memorandum, A Company, 1st Battalion, 12th Cavalry, 3rd Brigade, 1st Cavalry Division, Fort Hood, TX, dated 12 February 2008, subject: Verification of Deployment and Actions in Combat * Witness Memorandum, A Company, 1st Battalion, 12th Cavalry, 1st Cavalry Division, dated 12 February 2008, subject: Combat Verification Letter * Memorandum, Physical Evaluation Board (PEB), dated 6 March 2008 and PEB Proceedings, dated 7 June 2008 * Witness Sworn Statement, dated 7 March 2008 * Memoranda, Darnall Army Medical Center, dated 23 April 2008 and 2 June 2008 * Chronological Record of Medical Care * Orders 169-0134, dated 17 June 2008 * Letters, HRC Awards and Decorations Branch, dated 23 December 2014, 5 February 2016, and 30 August 2016 * Letter, Sergeant First Class Retired, dated 30 September 2016 * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant states he was in an improvised explosive device (IED) attack while in combat, suffering from a traumatic brain injury (TBI). The letter from the retired sergeant first class (SFC) explains the reasons. His request has been in process since his discharge. The Purple Heart was to be awarded at Fort Hood, but the action was canceled because of no paperwork. 2. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 31 August 2006. He held military occupational specialty 11B (Infantryman). b. He served in Iraq from 27 January 2007 to 3 July 2007. He was assigned to the 1st battalion, 12th cavalry, 1st cavalry Division. c. He provides a witness sworn statement dated 6 February 2008 that states the applicant was involved in and improvised explosive device blast. d. He provides a witness memorandum dated 12 February 2008 that states while the applicant was deployed in the Diyala Province, Iraq, he experienced numerous IED attacks against his vehicle, ambushes, and rocket-propelled grenade attacks. The applicant was medevacked from the theater in June 2007 and returned to Fort Hood for injuries sustained from his last improvised explosive device attack. e. He provides a witness memorandum dated 12 February 2008 that states the applicant was deployed to Iraq during February 2007 – June 2007 and was stationed at Forward Operating Base Warhorse, Iraq. During his deployment, he was hit by multiple IEDs and by multiple rocket-propelled grenades as a Bradley driver. f. His PEB memorandum dated 6 March 2008, states he had a permanent profile that allows him not to exceed 8 hours of work, no contact with weapons, no battle training, no donning of any Personal Protective Gear, and no lower body training. g. He provided a Sworn Witness Statement, dated 7 March 2008 that states on 19 March 2007 he was involved in an IED blast in which he was the Bradley driver. The Bradley sustained significant damage, and he was not responsive until he called him several times. The improvised explosive device had blown up behind the driver. h. A memorandum from Darnall Army Medical Center, dated 23 April 2008, a narrative summary written by the examiner (dated 21 February 2008) states his performance as sub-optimal significantly was impaired by his current Post Traumatic Stress (PTSD) and Traumatic Brain Injury (TBI) Symptoms. A second memorandum, dated 2 June 2008 states his TBI is medically acceptable. i. His PEB Proceedings dated 7 June 2008, item 10 state his retirement was based on disability from injury or disease received in the line of duty as a direct result of armed conflict or caused by an instrumentality of War and incurring in Line of Duty during a period of War. The disability did result from a combat-related injury as defined by law. j. He submitted his Chronological Records of Medical Care that show he complained of headaches and was tested for TBI. It was noted that he was involved in several improvised explosive device blasts. l. Orders 169-0134 show he was released from assignment and duty because of physical disability. His retirement for disability was effective 5 August 2008. m. HRC letter dated, 23 December 2014 responded to the applicant’s Congressional Inquiry because of the denial of the Purple Heart. HRC requested a one page narrative of the qualifying incident, military medical documentation of the diagnosis, treatment by a medical officer of a concussion, and TBI or any other injuries caused by the enemy. n. He provided a letter from a Sergeant First Class (Retired), who was asked by his family to review his records for possible reconsideration to award the Purple Heart. o. A letter from HRC Soldier Programs and Services Division, dated 30 August 2016, to the SFC states: (1) After careful consideration and consultation with the HRC Command Surgeon's office, the request for an award of the Purple Heart for [Applicant] for injuries received while deployed in support of Operation Iraqi Freedom is disapproved. (2) After a thorough review of the information provided, the award of the Purple Heart pertaining to this particular event does not meet the statutory guidance in accordance with Army Regulation (AR) 600-8-22 (Military Awards), paragraph 2-Bh (13). A review of the Armed Forces Longitudinal Health Technical Application (AHLTA) by the HRC Command Surgeon did not reflect a diagnosis of Traumatic Brain Injury (TBI). According to AHLTA, [Applicant] was seen on 21 March 2007 where he stated that at that time he did not have a loss of consciousness and no other injuries to report." The lack of supporting medical documentation in AHLTA combined with the submitted documentation make it impossible to connect an injury to the incident. p. He provided a letter from a retired Sergeant First Class dated 30 September 2016 that was sent to the Army Review Boards Agency for a final review. The Sergeant First Class states he understood HRC’s decision with only paperwork to review. However, this case with TBI is unusual to a normal unit and aid station paperwork. The disapproval letter did not take unusual circumstances into consideration. He concludes that the applicant is entitled to the Purple Heart. q. The applicant was discharged on 4 April 2008. His DD Form 214 shows he completed 1 year, 1 month, and 11 days of active service. It does not show the Purple Hear as an authorized award. 4. By regulation (Army Regulation 600-8-22 - Military Awards), the Purple Heart may be awarded for concussion injuries caused as a result of enemy generated explosions: mild TBI or a 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. 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions and medical concerns were carefully considered. There is no medical record showing the applicant received wounds caused by enemy forces that required treatment by medical personnel. In addition, the applicant contends he sustained a TBI. The governing regulation provides that for award of the Purple Heart, evidence provided must indicate he suffered, as a result of hostile action, a concussion or TBI so disabling as 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 incident. The applicant has no medical documentation showing a loss of consciousness nor that shows he was restricted from duty for a period equaling 48 hours or more. The Board agreed the evidence in which he was seen on 21 March 2007 where he stated that at that time he did not have a loss of consciousness and no other injuries to report substantiates their decision. 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. 11/13/2019 X CHAIRPERSON Signed by: 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 (AR) 600-8-22, effective 25 June 2015, 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 include concussion injuries caused by enemy-generated explosions, and a TBI or concussion that is severe enough to cause: * 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 2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 states 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. //NOTHING FOLLOWS//