ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 May 2019 DOCKET NUMBER: AR20170005533 APPLICANT REQUESTS: award of the Purple Heart and subsequent correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show it. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Mobilization Orders (140-133), dated 19 May 2004 * Standard Form 600 (Chronological Record of Medical Care), dated 22 September 2005 * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 30 September 2005 * DD Form 2697 (Report of Medical Assessment), dated 13 November 2005 * DA Form 2823 (Sworn Statement), (self-authored), dated 23 September 2005 * DA Form 2823 (Sworn Statement), Sergeant First Class (SFC) XXX, dated 13 April 2016 * DA Form 2823 (Sworn Statement), Staff Sergeant (SSG) XXX), dated 20 April 2016 * U.S. Army Human Resources Command (Award of the Purple Heart) Disapproval Memorandum, dated 12 December 2016 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 states he sustained injuries from explosion of an improvised explosive device (IED) near Tikrit, Iraq on 21 September 2005 however, his records are not reflective of this activity. He sought treatment from a medical officer because of back pain and bruises caused by impact of the IED. He also states the IED caused strain in his upper back, severe pain and bruises to his lower back, and oblique. He has a 10% rating from the Veterans Administration as result of his injuries caused by the IED blast. 3. The applicant provides: a. Standard Form (SF) 600 dated 22 September 2005 which shows he was examined by medical personnel the day after hostile IED blast. b. DA Form 2173 which shows commander’s verification of medical examination and applicant’s duty status. c. Self-authored sworn statement of activities leading to and immediately following hostile enemy actions. The applicant states on 21 September 2005, he (vehicle operator of Military Police (MP) 56) and two other crew members were traveling east on Route Pepper when their vehicle was hit by an IED (155mm) as it crossed a small bridge. He states the vehicle sustained a direct hit causing damage to the right side. He and the crew members suffered minor injuries as a result of the debris and dust caused by the IED. He as the driver continued operation of vehicle for approximately 150 yards until it stalled. He and the crew recovered the vehicle and continued their mission on to Forward Operating Base (FOB) Bernstein. d. Two sworn witness statements (SFC XXX and SSG XXX) reinforcing the applicant’s account of hostile enemy actions. (1) SFC XXX states the applicant and two other crew members were part of a four vehicle convoy traveling east on Route Pepper. As MP56 crossed the bridge it took a direct hit from an IED (Command wire detonated 155mm artillery shell). The MP56 vehicle was damaged on the right side and rendered inoperable. The crew of MP56 were exposed to a tremendous amount of explosive debris, smoke, flames and dust. They suffered minor injuries, were seen by medical personnel, and continued on to FOB Bernstein. (2) SSG XXX states he was traveling in a convoy on 21 September 2005 from Tikrit to Camp Caldwell, Iraq when the third vehicle (MP56) was struck by an IED. The crew which included the applicant as driver of MP56, was crossing a bridge when the IED detonated causing a direct hit to the right side of the vehicle. The applicant was able to maintain momentum and steered MP56 out of the kill zone of a potential daisy chain of IEDs. The crew was exposed to a huge amount of blast debris, smoke, fire, and leaking vehicular fluids. The applicant and crew members were moved to alternate vehicles, assessed by combat medics and transported along with their vehicle to FOB Bernstein. They were evaluated and treated at FOB Bernstein and returned to duty on 28 September 2005. e. DD Form 2697 detailing his health assessment upon return from deployment. f. The denial memorandum from HRC, dated 12 December 2016, which shows that his request for the Purple Heart was disapproved because the particular event does not meet the statutory guidance in accordance with Army Regulation 600-8-22 (Military Awards), paragraph 2-8h (16). A review of the Armed Forces Longitudinal Health Technical Application by the Command Surgeon and the submitted hardcopy medical documentation reflect that the applicant was seen for neck and back pain. Unfortunately, soft tissue injuries (muscle strains) do not qualify for award of the Purple Heart. 4. A review of the applicant’s service record shows: a. He enlisted in the Army Reserve on 15 March 2002. b. He mobilized in support of Operation Iraqi Freedom on 14 June 2004. c. He served in Kuwait and Iraq from 19 November 2004 to 7 November 2005. d. The applicant was released from the active duty on 1 December 2005 with an Honorable Discharge Certificate. His record is void of documentation awarding him the Purple Heart. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded or authorized: * Army Commendation Medal (2d Award) * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Overseas Service Ribbon * Armed Forces Reserve Medal with “M” Device * Global War on Terrorism Service Medal * Iraq Campaign Medal 5. Army Regulation 600-8-22 (Military Awards) states 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 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. When contemplating an award of the Purple Heart, 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 award. b. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI 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. 6. Army Directive 2011-07 (Awarding the Purple Heart), dated 18 March 2011, provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart. a. Approval of the Purple Heart requires the following factors among others outlined in Department of Defense Manual 1348.33 (Manual of Military Decorations and Awards), Volume 3, paragraph 5c: wound, injury or death must have been the result of an enemy or hostile act, international terrorist attack, or friendly fire and the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the Soldier's medical record. b. 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 Soldier’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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found thsy relief was not warranted. Based upon the provided medical documentation from the applicant and after reviewing the examples of injuries and wounds outlined within AR 600-8-22 that do not meet the criteria for a Purple Heart, the Board determined that the wound/injury does not meet regulatory guidance for entitlement of the Purple Heart. 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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 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. b. 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. c. When contemplating an award of the Purple Heart, 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 award. d. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI 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. 2. Army Directive 2011-07 (Awarding the Purple Heart), dated 18 March 2011, provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart: a. Approval of the Purple Heart requires the following factors among others outlined in Department of Defense Manual 1348.33 (Manual of Military Decorations and Awards), Volume 3, paragraph 5c: wound, injury or death must have been the result of an enemy or hostile act, international terrorist attack, or friendly fire and the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound shall be documented in the Soldier's medical record. b. 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 Soldier’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. ABCMR Record of Proceedings (cont) AR20170005533 6 1