ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 April 2019 DOCKET NUMBER: AR20170018218 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) dated 1 January 2017 * Self-Authored Letter * Medical Record dated 5 April 2008 * Combat Action Badge Orders dated 18 March 2015 * Human Resources Command Letter dated 26 September 2016 * Veteran Affairs Decision Letter dated 10 August 2017 * Witness Statements * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 29 April 2006 * DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant states that on 28 April 2005 during his tour in Iraq, he was struck by an improvised explosive device (IED). He states that he was standing in his gun turret, and the blast threw him back, then slammed him forward, causing him to hit his head on the mounted .50 caliber machine gun, and knocking him down inside the vehicle. As he attempted to get up, a second IED detonated causing him to fall down again. He states after the second IED explosion he blacked out, and after a few minutes came to. He states after the blast they were towed by another vehicle. He states about an hour later they reached the base, and met with the Commander, Captain E, for a situation report regarding the incident, and then he was carried to the medic hut. The medics were low on staff due to other Soldiers seeking treatment. He believes he was misdiagnosed, because within a few minutes he was given pain medication for his left leg/ankle, severe headaches, and released without bed rest. He states his chain of command didn’t approve, so therefore he was ordered to 72 hours of quarters. He notes that, as a Soldier who spent almost 300 days in "stop loss," he was quickly released from active duty when he came back from his combat tour. He was given a quick physical examination and wasn't given treatment for his injuries incurred in Iraq. He was only given the option to attend group counseling after his separation. He wanted help, but his conditions weren't documented due to getting out of the Army in such a short time. He was later diagnosed by the Department of Veterans Affairs with post-traumatic stress disorder (PTSD), traumatic brain injury (TBI), and post-concussion syndrome with migraine headaches from the IED explosion. He states he struggles daily with residuals of TBI. 2. The applicant served in the Regular Army from 21 August 2001 to 29 April 2006. He was deployed to Kuwait and Iraq in support of Operation Iraqi Freedom from 5 January 2005 to 4 January 2006. 3. He provides a medical record that shows he was seen on 28 April 2005 for complaints of having left ankle and right bicep pain and right ear tinnitus over 2 hours after an IED detonation. He had pain when taking sudden steps, but was able to bear weight after the attack. He denied loss of consciousness. The medical record did not indicate that he had any neurological problems. Due to a left ankle contusion, he was given crutches and told to apply ice, elevate the limb, and return to the clinic in the morning. He was given Motrin and Tylenol and returned to duty 4. Witness V states that after a second explosion he cautiously exited his vehicle and witnessed the applicant slumped over in the back seat. He states the applicant managed to get up slowly and return to the gun turret, but he had to sit down. 5. Witness E states he believes the applicant is authorized award of the Purple Heart. He states the new guidelines for award of the Purple Heart include concussions as a result of an IED that require minimal medical intervention, including bedrest or over- the-counter medicine. He states he clearly remembers the night in question and the circumstances, and it is his firm belief that the applicant meets the criteria. 6. On 18 March 2015, the applicant was awarded the Combat Action Badge for actively engaging or being engaged by the enemy on 28 April 2005. 7. On 26 September 2016, the U.S. Army Human Resources Command (HRC) disapproved his request for award of the Purple Heart. HRC stated a review of the applicant’s record did not support a diagnosis of TBI. His medical records showed no indication of TBI at the time. 8. He provides correspondence from the Department of Veterans Affairs showing he has been given a 70 percent disability rating for PTSD to include TBI effective 2 November 2014. 9. Army Regulation 600-8-22 (Military Awards) 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 that the wound was the result of hostile action, the wound must have required treatment, not merely examination, by a medical officer, and the medical treatment must have been made a matter of official record. a. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * Injury caused by enemy-placed trap or mine. * 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. b. Combat theater and unit command policies mandating rest periods or “down time” following incidents do not constitute qualifying treatment for concussion injuries. To qualify as medical treatment, this rest period must have been directed by a medical officer or medical professional for the individual after diagnosis of an injury. BOARD DISCUSSION: After a full review of the application and all supporting documents, the Board determined that relief was not warranted. The Board determined the type of injury documented does not meet the qualifications required to award a Purple Heart. Although the applicant was able to provide evidence of injury sustained during an IED attack, the Board carefully reviewed the criteria of the type of injuries that fall within the guidelines to achieve a Purple Heart and the applicant’s injuries do not meet that criteria. 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: Army Regulation 600-8-22 (Military Awards) 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 that the wound was the result of hostile action, the wound must have required treatment, not merely examination, by a medical officer, and the medical treatment must have been made a matter of official record. a. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * Injury caused by enemy-placed trap or mine. * 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. b. Combat theater and unit command policies mandating rest periods or “down time” following incidents do not constitute qualifying treatment for concussion injuries. To qualify as medical treatment, this rest period must have been directed by a medical officer or medical professional for the individual after diagnosis of an injury. ABCMR Record of Proceedings (cont) AR20170018218 5 1