ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:  2 April 2019

                   DOCKET NUMBER:  AR20170008959


APPLICANT REQUESTS:  Award of the Purple Heart (PH).


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)
* DD Form 214C (Certificate of Release or Discharge from Active Duty)
* Summary of Care, Naval Hospital, Camp Pendleton, CA
* SF 600 (Chronological Record of Medical care)
* DA Form 4700 (Medical Record-Supplemental Medical Data)
* Progress Notes
* Individual Sick Slip
* Statement from Mr. Jannicke
* Extracts SF 600 (Chronological Record of Medical care)
* VA Form 21-0781 (Statement in support of claim for service connection for Post-Traumatic Stress Disorder (PTSD)
* VA Form 21-4138 (Statement in support of claim)
* VA Form 21-4176 (Report of accidental injury in support of claim for compensation or pension)
* Extract of Confidential PTSD diagnosis

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

3.  On 13 August 2006 the applicant was assigned to the 68th Engineer Battalion in Iraq when his vehicle was hit by an Improvised Explosive Device (IED); the next day, 14 August, he was evaluated for dizziness, light headedness, and a headache.  

4. He provides a statement from Deron Alan Jannicke dated 3 August 2016, stating he was in the convoy with the applicant when the IED went off.  When they arrived to a safe zone, the applicant complained of shaking, dizziness, light headedness, and a major headache.

5.  His records show he was awarded two Combat Action Badges; one for actively engaging or being engaged by the enemy and the other for engaged or engaging the enemy.     
 
6.  The applicant provides summary of care from the Naval Hospital, extracts of medical records, a confidential PTSD diagnosis, an individual sick slip, and Department of Veterans Affair statements; however the available military records do not show he was wounded or received an injury due to hostile action.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon medical evidence provided, the Board found there was insufficient evidence to show the applicant met the injury criteria laid out in paragraph 2-8g of AR 600-8-22.

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 Board determined the evidence presented is not sufficient to warrant a recommendation for relief.  As a result, the Board recommends denial of the requested Purple Heart.

SIGNATURE:
				 
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 Regulations 600-8-22 (Military Awards) prescribes Army Policy, criteria, and administrative instructions concerning individual and unit military awards. The Purple Heart is awarded to any member of an Armed Forces or any civilian national of the United States who, while serving under competent authority in any 
Capacity with one of the U.S. armed services had been wounded, killed, or who have died or may hereafter die of wounds received under specific circumstances, to include service members who are killed or wounded in action by friendly fire.

a. A service member who is killed or wounded in action by weapon fire while
directly engaged in armed conflict, other than a result of an action of an enemy of
the United States, may be awarded the Purple Heart unless (in the cases of a wound) the wound is a result of willful misconduct. For the service members killed or wounded under these circumstances on or after 7 December 1941 and before 30 November 1993, the Secretary of the Army will award the PH.

b. Paragraph 2-8e states a wound is defined as an injury to any part of the
body from outside source or agent.  A physical lesion is not required.  However, the wound must have required treatment, not merely examination, by a medical officer.  The treatment will be documented in the service member’s medical and/or health record.

   c.  Paragraph 2-8g, states examples of enemy-related injuries which clearly justify award of the PH 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.  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 medical record.


ABCMR Record of Proceedings (cont)	 AR20170008959
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