ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 April 2019 DOCKET NUMBER: AR20170008585 APPLICANT REQUESTS: reconsideration of his earlier request for award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), dated 21 March 2017 * Letter of Support from X , dated 19 March 2017 * Self-authored Letter, 20 March 2017 * Army Board for Correction of Military Records (ABCMR) Docket Number AR20150014240, dated 1 September 2016, with attachments FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20150014240 on 1 September 2016. 2. The applicant provided a letter of support from his former platoon leader that was not previously considered by the Board and warrants consideration at this time. 3. The applicant states: a. He was previously denied award of the Purple Heart. He is reapplying and adding a letter from his former platoon leader. b. He was serving in a hostile combat zone with known enemies. He was injured by an instrumentality of war by a known enemy combatant. His name was never entered on the Operation Enduring Freedom injury/casualty report, but he was sent home early due to his injury. Even though his redeployment orders (memorandum authorizing his release from active duty) state "mission accomplished," he never had the chance to finish his mission due to the need for further medical attention for his injury. a. c. He knows and understands the meaning of award of the Purple Heart. He firmly believes and stands by his belief that he has earned the Purple Heart. He is a third generation military member from his family. His grandfather served in the U.S. Air Force and his father served in the U.S. Army. He was lucky enough to be able to follow in their footsteps, which made him who he is today. d. A Soldier does not serve for glory or money, but when he or she serves, a Soldier should not have to beg for a medal or award he or she earned while serving in a combat area with known enemies against the United States. 4. The applicant enlisted in the Regular Army on 30 August 2008. 5. Headquarters, 4th Infantry Division and Fort Carson, Orders CR-137-0015, dated 17 May 2011, deployed him to Afghanistan in a temporary change of station status in support of Operation Enduring Freedom for a period not to exceed 365 days with a proceed date on or about 4 June 2011. 6. In his DA Form 2823 (Sworn Statement), dated 24 February 2012, he stated he was serving as a gunner in the third truck of a four-truck convoy on 24 February 2012 at approximately 1930 hours in Kandahar, Afghanistan. The convoy was traveling west on Highway 1. The first truck missed the turn to head south on Old City Road. The convoy stopped to allow the first truck to back up and make the turn south. As the first and second trucks made the turn onto Old City Road, a Taliban fighter ran across Highway 1 and threw a grenade at his turret. The grenade bounced off the netting and landed between his truck and the fourth truck. He was instructed to duck back inside the vehicle, injuring his left elbow. 7. The sworn statement from Specialist (SPC) X , dated 24 February 2012, stated he was the truck commander of the third truck in the four-truck convoy heading west on Highway 1. A Taliban fighter ran across the street and threw a grenade at his gunner (the applicant) in his turret. He instructed the applicant to duck down inside the turret. After the grenade exploded between the third and fourth truck, the convoy was instructed to proceed to Area Control Station 4 for battle damage assessment for both the crew and vehicles. 8. The sworn statement from SPC X , dated 24 February 2012, stated he was the driver of the third truck in the four-truck convoy. As the convoy came to a stop to allow the first truck to reverse, a Taliban fighter ran across Highway 1 and threw a grenade at his gunner's (the applicant's) turret. The truck commander instructed the applicant to duck inside the turret. As the applicant ducked inside the turret, the grenade thrown by the Taliban soldier went off between his truck and the fourth truck. After the attack, the convoy was instructed to report to report to Area Control Station 4 for crew and vehicle battle damage assessments. 1. 9. A memorandum from the Commander, Combined Task Force Warhorse, 1st Brigade Combat Team, 4th Infantry Division, Camp Nathan Smith, Afghanistan, dated 3 April 2012, authorized the applicant's permanent release from theater. He stated the applicant completed his mission and was authorized to travel to Fort Carson, CO, effective 3 April 2012. 10. On 1 July 2014, the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command, responded to a Congressional inquiry concerning the applicant's request for award of the Purple Heart. The Awards and Decorations Branch Chief stated the applicant's entitlement to award of the Purple Heart could not be verified and the Defense Casualty Records for Operation Enduring Freedom did not list the applicant's name. Requirements for award of the Purple Heart were explained and the applicant was advised to provide evidence meeting these requirements. 11. On 7 August 2014, the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command responded to a Congressional inquiry concerning the applicant's request for award of the Purple Heart. This agency was unable to authorize award of the Purple Heart based on the documentation provided which showed the injury was sustained as a result of taking cover and not as a direct result of the grenade. 12. On 16 March 2016, the Chief, Soldier Programs and Services Division, U.S. Army Human Resources Command, responded to a Congressional inquiry concerning the applicant's request for award of the Purple Heart. The Soldier Programs and Services Division Chief stated that after careful consideration and consultation with the U.S. Army Human Resources Command Surgeon's Office, the original decision to disapprove award of the applicant's Purple Heart remained firm. The applicant was advised to appeal to the ABCMR if he believed the determination was unjust. 13. On 1 September 2016, the ABCMR denied the applicant's request for award of the Purple Heart. Based on the sworn statements provided by the applicant, the Board determined the applicant injured his elbow when he ducked into his turret to avoid a grenade. He did not sustain the injury as a direct result enemy action in that the grenade did not cause his injury. 14. The applicant provided a letter from his former platoon leader, dated 19 March 2017, who stated the applicant was assigned to his platoon, but he was attached to the 411th Military Police Company to provide them with mechanical support. a. He felt there was a direct correlation between the applicant's left elbow injury and the grenade attack. He was astonished to hear the applicant was not being considered for award of the Purple Heart because he did not receive his injury from grenade shrapnel. The applicant received his injuries as a direct result of enemy action while deployed in a hostile combat environment. a. b. The 411th Military Police Company was responsible for initiating the applicant's award recommendation since he was assigned to that unit. It appears that an award recommendation was never completed for the grenade attack. c. He feels the applicant qualifies for award of the Purple Heart for injuries he received as a result of enemy action. BOARD DISCUSSION: Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the 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. 184 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 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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. 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. 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 TBI 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 * PTSD * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * 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 * 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 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. 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.