ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 September 2019 DOCKET NUMBER: AR20170011442 APPLICANT REQUESTS: to appeal the denial decisions of the Soldier Programs and Services Division and the Awards and Decorations Branch, U.S. Army Human Resources Command (HRC) to award him the Purple Heart (PH). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Soldier Programs and Services Division, HRC Decision Letter (Deny), dated 23 March 2017 FACTS: 1. The applicant states he experienced multiple traumatic brain injuries (TBIs) during his two deployment tours. The last TBI he experienced caused a loss of consciousness. The 24 hour screening process following his TBI concluded a TBI occurred. However, his team was sent back out on mission. The medical documentation records were not secured when returning stateside. Following the incident, he was noted to be dazed, quieter, internally isolated, and not eating much. This caused a lot of concern from his team and leadership. For the next few weeks his leadership restricted him to guard duty because he refused a medical evaluation. Upon return, the Soldier Readiness Program was conducted in a manner to dissuade Soldiers from scheduling follow-up medical appoints. However, his staff sergeant mandated him to receive medical attention. This led him to getting hearing aids, among other treatments. 2. A review of the applicant’s service record shows: a. On 23 June 2009, he enlisted in the Regular Army (RA). On 2 March 2012, he immediately reenlisted in the RA. b. His enlisted record brief shows he served in various stateside and overseas tours. He was deployed to Iraq in support of Operation Iraqi Freedom (OIF) from 5 July 2010 to 29 June 2011. c. On 23 February 2015, he was discharged from active duty under the provisions of AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4 (Procedures), and issued an honorable discharge. His DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects that he completed 5 years, 4 months, and 23 days. It also shows that he was awarded or was authorized the: * Iraq Campaign Medal with Two Campaign Stars * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * Korea Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon (3rd Award) * Combat Infantry Badge d. On 1 March 2008, he was removed from the temporary disability retired list and permanently retired. e. His request for an award of the PH for injuries received while deployed in support of OIF was denied on 23 March 2017 by the Soldier Programs and Services Division, HRC and on 16 August 2017 and 16 September 2017 by the Awards and Decorations Branch, HRC. Both offices cited the lack of supporting medical documentation at or near the date of enemy action reflecting a diagnosis or indication of a qualifying injury made it impossible to connect an injury to the incident as their justification for denial. It was further explained to him the required documentation he would need to submit in order to be awarded the PH. f. On 8 March 2018, a member of Congress forwarded an inquiry to the Army Board for Correction of Military Records (ABCMR) on behalf of the applicant to which the Chief, Congressional Liaison and Inquiries, ABCMR acknowledged receipt of on 23 April 2018. 3. There is no evidence found in the applicant's military records indicating he was injured or wounded as a result of hostile action. Several typical sources which would show he was wounded or injured as a result of hostile action are not available for review with this case. His medical records, which would have listed any injuries and treatment, are not available for review with this case. 4. By regulation, the PH differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria. When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the applicant was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for the award. The criteria for an award of the PH requires the submission of substantiating evidence to verify that: * the injury/wound was the result of hostile action * the injury/wound must have required treatment by medical personnel * the medical treatment must have been made a matter of official record 5. Examples of enemy-related injuries which clearly justify award of the Purple Heart include concussion injuries caused by enemy-generated explosions, and a TBI or concussion that is severe enough to cause: * loss of consciousness; or * restriction from full duty due to persistent signs, symptoms, or clinical findings; or * impaired brain functions for a period greater than 48 hours from the time of the concussive incident BOARD DISCUSSION: The Board considered the applicant's request, supporting document, evidence in the records and the regulatory guidance on awarding the Purple Heart. The Board found the applicant did not 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 required treatment by medical personnel, and the medical treatment was made a matter of official record. The Board found no evidence of statements or unit documents in support of his request. The Board found no evidence in the records to show the applicant suffered an event involving TBI and other similar injuries; the record did not show a brain injury or concussion severe enough to cause either loss of consciousness or result in 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. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart or other evidence to support the applicant's request 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. 9/17/2019 X CHAIRPERSON Signed by: 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, United States Code, 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), paragraph 2-8 (Purple Heart (PH)), states the PH is awarded to any member of an Armed Force of the United States who has been wounded, killed, or who has died or may hereafter die of wounds received under any action again an enemy of the United States; any action with an opposing armed force of a foreign counter in which the Armed Forces of the United States are or have been engaged, or as the result of an act of any such enemy or opposing Armed Forces. To qualify for award of the PH the wound must have been of such severity that it required treatment, not merely examination, by a medical officer. A wound is defined as an injury to any part of the body from an outside force or agent. A physical lesion is not required. 3. Army Regulation (AR) 600-8-22 prescribes policies and procedures for military awards and decorations, to include the Purple Heart. 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 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. When contemplating an award of this decoration, 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 the award. c. Examples of enemy-related injuries which clearly justify award of the Purple Heart include concussion injuries caused by enemy-generated explosions, and a TBI or concussion that is severe enough to cause: * loss of consciousness; or * restriction from full duty due to persistent signs, symptoms, or clinical findings; or * impaired brain functions for a period greater than 48 hours from the time of the concussive incident