IN THE CASE OF: BOARD DATE: 7 June 2018 DOCKET NUMBER: AR20170011126 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 June 2018 DOCKET NUMBER: AR20170011126 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 (PH) (2nd Award). 2. The applicant states, in part: a. He sustained injuries inflicted by an armed enemy using an improvised explosive device (IED) on two separate occasions during ground combat operations. b. He's appealing the U.S. Army Human Resources Command's (HRC) decision to deny him the PH (2nd Award) he earned. He sought out the wartime chain of command to sign the appropriate DA Forms 4187 (Personnel Action), gathered all the documents in his company's file, and submitted the packet through his peacetime chain of command. The original packet he submitted was for two separate injuries. HRC either received documents for one or completely disregarded the other due to the stigma which existed about awarding Soldiers the PH for mild traumatic brain injury (TBI)/concussion injuries. c. He was unaware of the appeals process until recently, and all documents pertaining to this issue had been misplaced amongst other things he had in storage for several years. 3. The applicant provides: * HRC denial letter * appeal of HRC decision * two Standard Forms (SF) 600 (Chronological Record of Medical Care) * four DA Forms 2823 (Sworn Statements) * Casualty Screening Checklist * Post IED Exam sheet * medical documents * convoy trip ticket * BLUE 26 Report * Transmittal sheet * Military Personnel (MILPER) Message 11-125 * MILPER Message 11-108 * three DA Forms 4187 * excerpts of Army Regulation 600-8-22 (Military Awards) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army (RA) on 9 July 1999. He is currently serving on active duty as a master sergeant. 2. He provides an SF 600, dated 30 November 2006, wherein it shows he was seen on that date for Post-IED Screening. This form shows: * the applicant was assessed with a headache post-IED * he was prescribed Motrin for his headache * he was directed to return to the clinic for worsening headache * he had a small cut on the bridge of his nose 3. He provides: a. DA Form 2823, dated 1 May 2011, wherein Sergeant (SGT) V stated, in part, his squad was conducting clearance on 28 November 2006, when a pressure plate victim operated IED (VOIED) detonated on the lead vehicle. The applicant was injured when the blast threw him into the radio mount and received a laceration across the bridge of his nose. They continued on the mission to stage for a mission the following day. There was no damage to the vehicle and the applicant went to get checked out by a medic. b. DA Form 2823, dated 13 May 2011, wherein Staff Sergeant (SSG) T stated, in part, his unit was conducting clearance patrol on 28 November 2006, when a pressure plate VOIED detonated on the lead vehicle. The applicant was injured when the blast threw him into the radio mount and he received a laceration across the bridge of his nose. The vehicle had only cosmetic damage. The applicant went to the aide station for Post-IED screening. 4. He provides an SF 600, dated 27 July 2007, wherein it shows he was seen on that date for Post-IED Screening. This form shows, in part, he: * had no lacerations or discoloration on skin * had a confirmed concussion * was put on light duty for a minimum of 72 hours 5. The applicant provides a DA Form 2823, dated 27 July 2007, wherein it second lieutenant P stated, in part, he was conducting route clearance on 26 July 2007. The lead vehicle and the two Huskies had passed over the site when the Buffalo crew noticed a suspicious area of dirt on the shoulder of the road and a quick patchwork on the road. As the Buffalo interrogated, the IED was command denoted. The applicant and two others were relatively unscathed. All occupants of the Buffalo were in lethal proximity of the blast. 6. In a memorandum, dated 14 February 2012, HRC denied the request for award of the Purple Heart to the applicant and stated, in part, the medical documentation provided showed the applicant was seen at a medical clinic for a minor laceration on the ridge of his nose, a dull or aching headache, and ringing in the ears with no loss of hearing for the incident that occurred on 28 November 2006. There was no documentation of any other injuries or diagnosis caused by the enemy. The medical document provided did not meet the criteria for award of the Purple Heart. REFERENCES: 1. Army Regulation 600-8-22 states 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 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. Paragraph 2-8h(7) of this regulation provides examples of injuries or wounds which clearly do not justify award of the Purple Heart, such as accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. 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 for concussions (including mild TBI and concussive injuries that do not result in a loss of consciousness). The directive also revised Army Regulation 600-8-22 to reflect the clarifying guidance. 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. c. A medical officer is defined as a physician with officer rank. The following are medical officers: an officer of the Medical Corps of the Army, an officer of the Medical Corps of the Navy, or an officer in the Air Force designated as a medical officer in accordance with Title 10, United States Code, Section 101. d. A medical professional is defined as a civilian physician or a physician extender. Physician extenders include nurse practitioners, physician assistants and other medical professionals qualified to provide independent treatment (for example, independent duty corpsmen and Special Forces medics). Basic corpsmen and medics (such as combat medics) are not physician extenders. e. When recommending and considering award of the Purple Heart for concussion injuries, the chain of command will ensure that the criteria are met and that both diagnostic and treatment factors are present and documented in the Soldier’s medical record by a medical officer. f. The following nonexclusive list provides examples of signs, symptoms or medical conditions documented by a medical officer or medical professional that meet the standard for award of the Purple Heart: (1) Diagnosis of concussion or mild traumatic brain injury; (2) Any period of loss or a decreased level of consciousness; (3) Any loss of memory of events immediately before or after the injury; (4) Neurological deficits (weakness, loss of balance, change in vision, praxis (that is, difficulty with coordinating movements), headaches, nausea, difficulty with understanding or expressing words, sensitivity to light, etc.) that may or may not be transient; and (5) Intracranial lesion (positive CT or MRI scan). g. The following nonexclusive list provides examples of medical treatment for concussion that meet the standard of treatment necessary for award of the Purple Heart: (1) Limitation of duty following the incident (limited duty, quarters, etc.); (2) Pain medication, such as acetaminophen, aspirin, ibuprofen, etc., to treat the injury; (3) Referral to a neurologist or neuropsychologist to treat the injury; and (4) Rehabilitation (such as occupational therapy, physical therapy, etc.) to treat the injury. h. Combat theater and unit command policies mandating rest periods or downtime following incidents do not constitute qualifying treatment for concussion injuries. To qualify as medical treatment, a medical officer or medical professional must have directed the rest period for the individual after diagnosis of an injury. DISCUSSION: 1. The applicant contends he was injured on 28 November 2006 and on 26 July 2007 due to IEDs used by the enemy. 2. In reference to 28 November 2006 incident: a. He provides two witness statements from individuals that witnessed the IED detonation. Both witnesses recall that applicant was injured when the blast threw him into the radio mount and he received a laceration across the bridge of his nose. They further noted the applicant went to the aid station for Post-IED screening. b. He provides an SF 600, dated 30 November 2006, wherein it shows he was seen on that date for Post-IED Screening. This form shows the applicant was assessed with a headache post-IED, he was prescribed Motrin for headache, he was directed to return to for worsening headache, and he had a small cut on the bridge of his nose. c. There is no evidence showing he was diagnosed with concussion or TBI which resulted in a 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. 3. In reference to the 26 July 2007 incident: a. He provides a witness statement from an individual that witness the IED detonation. He stated, in part, the applicant and two others were relatively unscathed. All occupants of the Buffalo were in lethal proximity of the blast. b. He provides an SF 600, dated 27 July 2007, wherein it shows he was seen on that date for Post-IED Screening. This form shows, in part, the applicant had no lacerations or discoloration on his skin, had a confirmed concussion, and was put on light duty for a minimum of 72 hours. BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Purple Heart for the wound received in action on 26 July 2007. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to awarding him the Purple Heart for the wound received on 28 November 2006. 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) AR20170011126 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170011126 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2