IN THE CASE OF: BOARD DATE: 14 June 2018 DOCKET NUMBER: AR20160018987 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X X: :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 June 2018 DOCKET NUMBER: AR20160018987 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 award of the Purple Heart. 2. The applicant states: a. The casualty report states his injuries were due to an aircraft rollover, but does not take into account the moments prior to the crash. b. His Combat Action Badge Certificate clearly shows the presence of enemy fire. c. His Patient Movement Request, dated 4 December 2013, also states his injuries were due to war operations/battle injury. d. Army Regulation 600-8-22 (Military Awards) states 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 sole justification for the award. 3. The applicant provides: * Patient Movement Request, dated 4 December 2013 * DA Form 4187 (Personnel Action), dated 7 December 2013 * Combat Action Badge Certificate CONSIDERATION OF EVIDENCE: 1. Having prior enlisted service, the applicant was appointed as a Reserve warrant officer on 22 October 2002. 2. On 23 October 2002, he was ordered to active duty for a period of 6 years. 3. On 23 August 2013, he deployed to Afghanistan in a temporary change of station status for a period of 365 days in support of Operation Enduring Freedom (OEF). 4. Landstuhl Regional Medical Center, Germany, Orders A-12-316260, dated 4 December 2013, reassigned him in a temporary change of station status and attached him to the Warrior Transition Battalion, Fort Benning, GA, for further medical treatment with a reporting date of 4 December 2013 for a period not to exceed 21 days. 5. He provided a copy of his Patient Movement Request, dated 4 December 2013, showing the following data entries: * Originating Medical Treatment Facility – Landstuhl Regional Medical Center, Germany * Destination Medical Treatment Facility – Martin Army Community Hospital, Fort Benning, GA * Casualty Event – OEF-battle injury * Primary Diagnosis – fractured rib (not otherwise specified) – closed * Secondary Diagnosis – traumatic pneumothorax (collapsed lung) – closed * Other Diagnosis – injury – war operations unspecified destination aircraft * Patient History – active duty Army helicopter pilot who sustained left ninth rib fracture and left pneumothorax after a hard landing of helicopter on 25 November 2013 (shown as Julian date 329) * Diagnosis – rib fracture – pneumothorax * Evaluation – helicopter pilot crash landing resulting in left ninth rib fracture and left pneumothorax status post-tube thoracostomy (chest incision) 6. He provided: a. a DA Form 4187 from the Commander, Special Mission Wing Embedded Training Team, dated 7 December 2013, requesting award of the Combat Action Badge to the applicant for personally being engaged by the enemy. His commander noted he was within 50 meters from surface-to-air fire from a Dishka (Soviet heavy machine gun) and Pulemyot Kalashnikova Modernizirovanny? (Russian general purpose machine gun) during a counter-narcotics mission in Nangarh?r Province, Afghanistan, on 25 November 2013; and b. a Combat Action Badge Certificate announcing his award of the Combat Action Badge for being personally present and under hostile enemy fire while serving in Afghanistan in direct support of OEF. No date or period is identified. 7. On 17 November 2015, the Chief, Soldier Programs and Services Division, U.S. Army Human Resources Command, denied his request for award of the Purple Heart. He was advised the documentation provided with his request did not corroborate his claim that the helicopter accident was caused by enemy fire; both the Casualty Report and Patient Movement Record state he sustained non- battle injuries as a result of a hard helicopter landing on 25 November 2013. 8. On 31 October 2017, he retired in the rank of chief warrant officer four. 9. His records are void of additional evidence surrounding the helicopter accident. REFERENCES: Army Regulation 600-8-22 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record. a. Paragraph 2-8f states when contemplating an award of this decoration, the key issue commanders must take into consideration when contemplating an award of this decoration 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 sole justification for award. 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 trap or mine * 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 * mild traumatic brain injury or 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 c. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * trench foot or immersion foot * 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 disorder * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * mild traumatic brain injury 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 * abrasions and lacerations (unless of a severity to be incapacitating) * bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * soft tissue injuries (for example, ligament, tendon, or muscle strains, sprains, and so forth) * first degree burns d. Paragraph 2-8i states it is not intended that such a strict interpretation of the requirement for the wound or injury to be caused by direct result of hostile action be taken that it would preclude the award being made to deserving personnel. Commanders must also take into consideration the circumstances surrounding an injury, even if it appears to meet the criteria. Note the following examples: (1) In a case such as an individual injured while making a parachute landing from an aircraft that had been brought down by enemy fire, or an individual injured as a result of a vehicle accident caused by enemy fire, the decision will be made in favor of the individual and the award will be made. (2) Individuals injured as a result of their own negligence (for example, driving or walking through an unauthorized area known to have been mined or placed off limits or searching for or picking up unexploded munitions as war souvenirs) will not be awarded the Purple Heart as they clearly were not injured as a result of enemy action, but rather by their own negligence. DISCUSSION: 1. The applicant contends he should have been awarded the Purple Heart for injuries sustained in an aircraft rollover. 2. The DA Form 4187 provided by the applicant shows he was awarded the Combat Action Badge for being within 50 meters from surface-to-air fire during a counter-narcotics mission in Nangarh?r Province, Afghanistan, on 25 November 2013. 3. He provided a Patient Movement Request also showing active he sustained his injuries during a helicopter hard landing on 25 November 2013 (shown as Julian date 329). 4. Award of the Purple Heart requires evidence to verify the wound or injury was the result of hostile action. 5. On 17 November 2015, the U.S. Army Human Resources Command denied his request for award of the Purple Heart, citing the documentation provided did not corroborate his claim that the helicopter accident was caused by enemy fire. ? 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160018987 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018987 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2