IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20160019758 BOARD VOTE: _________ _______ ________ 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: 26 September 2018 DOCKET NUMBER: AR20160019758 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. _____________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. IN THE CASE OF: BOARD DATE: 26 September 2018 DOCKET NUMBER: AR20160019758 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 correction of his military records by showing he was awarded the Purple Heart (PH) for wounds received in Iraq. 2. The applicant states the U.S. Army Human Resources Command (HRC) denied his request for retroactive award of the PH. The HRC disapproval memorandum states “the record of medical treatment for wounds or injuries received in action must have been made a matter of official record.” Furthermore, it states that “the diagnosis and treatment in the medical document provided does not meet the criteria for award of thee Purple Heart.” He humbly submits that his battle injuries were, in fact, made a matter of his official medical record as they were recorded on a Standard Form 600 (Chronological Record of Medical Care) at the time of injury and captured in the Armed Forces Health Longitudinal Technology Application (AHLTA) system. Additionally, concussion injuries are specifically medically qualifying PH award criteria as stated in Army Regulation (AR) 600-8-22 (Military Awards), paragraph 2-8,g(5) and in accordance with The Military Personnel Message (MI(LPER) Number 11-125, Army Directive 2011-07 (Awarding the Purple Heart) for awarding the PH for concussions. 3. The applicant provides: * Original PH Submission Packet (16 pages) * Memorandum for the Reconsideration of the Award of the PH, dated 16 May 2016 * Memorandum for Record, dated 22 June 2016 CONSIDERATION OF EVIDENCE: 1. On 31 May 2003, the applicant was appointed a second lieutenant (2LT) in the Regular Army, with a basic branch of Armor. 2. On or about 23 January 2005, the applicant was deployed to Iraq as a member of Company C, 3rd Battalion, 7th Infantry Regiment, 4th Brigade, 3rd Infantry Division. 3. Standard Form 600 (Chronological Record of Medical Care), dated 23 November 2005, as provided by the applicant, states that at approximately 10:15 an improvised explosive device (IED) exploded on the right side of his vehicle. He was wearing eye protection and battle protection gear. He was thrown to the left, then down into the hatch. He denied loss of consciousness. He complained of low back pain and a headache, with no other complaints. He denied any numbness or tingling of lower extremities. A physical examination found the applicant was generally alert, nontoxic and in no distress. He talked in complete sentences and was oriented. Cranial nerves were intact, strength upper and lower extremities bilaterally with flex/extension at all joints, normal hip adduction, normal gait, post pharynx clear, heart and lung exam unremarkable. Comments by the medical provider included: Burning in the chest likely due to smoke inhalation, his chest x-ray was unremarkable, normal pulse, no respiratory distress, will monitor for now, no intervention at this time is required. His lower back pain is muscular, spasm from being thrown around, and his headache likely represents a concussion. Gave him warning signs and symptoms to return for. He was placed on quarters for the night with light duty the next day. He was prescribed Naproxen (one tablet twice a day for 5 days), Tylenol (as directed), and Flexeril (one tablet three times daily for 3 days). He was released without limitations, with follow-up as needed. 4. DA Form 2823 (Sworn Statement), dated 29 September 2014, written by an individual purporting to have been the vehicle driver at the time of the IED explosion that hit the applicant’s vehicle (a tank) at about 1015 hours on 23 November 2005. The driver remembers the applicant being knocked down, bruised and disoriented. Approximately 1600 hours that same day, the applicant went to the Troop Medical Clinic (TMC) where he was placed on quarters for the remainder of the day and limited duty for 24 hours. For the remainder of the deployment, the applicant often spoke of pain in his back and at times, had trouble mounting his vehicle. 5. DA Form 2823, dated 4 October 2014, written by civilian who was in the tank’s gunner seat, at the time of the IED explosion, states as a result of the blast, the applicant was thrown from a standing position in the turret, onto the turret floor of the tank, resulting in injury. He began to help the applicant up off the floor of the tank and into the Tank Commander’s seat. He then asked the applicant if he was OK. The applicant responded, by stating his back hurt and he had problems breathing. Upon returning the Forward Operating Base Falcon, they went the TMC. The applicant was diagnosed with having muscle spasms in his lower back, smoke inhalation, and a concussion. He was prescribed medication and put on quarters for the rest of the evening and on limited duty for 24 hours. 6. In a memorandum, dated 6 July 2015, the Chief, Soldier Programs and Services Division, HRC, informed the Commander, 3rd Infantry Division, that the request for award of the PH for the applicant was disapproved. The diagnosis and treatment in the medical document provided did not meet the regulatory requirements for award of the PH. 7. On 16 May 2016, the Commander, 1st Combined Arms Battalion, Fort Stewart, Georgia, requested HRC to reconsider the earlier request for award of the PH, because it appeared the denial was due only to a lack of medical documentation. 8. On 22 June 2016, a Staff Physician, Department of Emergency Medicine, Fort Belvoir Community Hospital, Virginia, stipulated that the applicant met the medical criteria for submission and award of the PH, in accordance with AR 600-8-22, chapter 2-8 and MILPER message 11-125 for injuries sustained during combat operations in support of Operation Iraqi Freedom on 23 November 2005. The applicant was witnessed by several persons to have had a loss of consciousness followed by hours of disorientation and headaches. He continues to have headaches and sleep disturbances which likely stem from the trauma associated with the events of 23 November 2005. REFERENCES: 1. Army Regulation 600-8-22 states the PH 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. 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 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 PH 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. When contemplating an award of the PH, 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 award. c. Examples of enemy-related injuries which clearly justify award of the PH include concussion injuries caused as a result of enemy-generated explosions; mild traumatic brain injury (mTBI) 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. d. Examples of injuries or wounds which clearly do not justify award of the PH include post-traumatic stress disorders, hearing loss and tinnitus, 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. e. When recommending and considering award of the PH for mTBI or concussion, the chain of command will ensure that both diagnostic and treatment factors are present and documented in the Soldier’s medical record by a medical officer. DISCUSSION: The available evidence shows the applicant was in a tank on 23 November 2005 when an IED exploded on its right side, knocking him down resulting in injuries. He was examined at the TMC and placed on quarters for the remainder of that day and on light duty the next day. There is no medical documentation showing that his injuries, in particular concussion or TBI, caused either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical findings, or impaired brain function for a period greater than 48 hours from the time of the concussive incident. The available evidence does not show that his injuries met the regulatory criteria for award of the PH. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160019758 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160019758 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2