ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  22 May 2019

	DOCKET NUMBER:  AR20170018243


APPLICANT REQUESTS: reversal of the decision by the U.S. Army Human Resources 
Command (HRC), Awards and Decorations Branch, to deny him award of the Purple 
Heart.

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)
*	Medical records
*	Applicant Sworn Statement
*	Permanent Orders # 169-046, Combat Infantryman Badge (CIB)
*	Sworn Statement
*	Veterans Affairs (VA) Benefits Letter
*	VA Rating Decision
*	HRC Congressional Response 

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 that he should be awarded the Purple Heart due to shrapnel in 
his left wrist.  He still has shrapnel fragments and pain in his wrist.  He cannot wear 
anything on his wrist.  

3.  The applicant provides:

	a.  A page from medical records, dated 14 May 2007, states he was involved in a 
firefight and was injured by shrapnel from fragmented round of unknown caliber.  Soft 
tissue injury to left wrist, (see medical enclosure for further details).

	b.  Applicant’s sworn statement, dated 14 May 2007, states his accounts of the day 
when A Company left Kahill, Iraq to do a search in the area of Daraya.

	c.  Permanent Orders # 169-046, dated 18 June 2007, award of the CIB.

	d.  Sworn statement, dated 23 June 2014 from BDM, states his accounts of the day 
when alpha company left Kahill, Iraq to do a search in the area of Daraya.

	e.  Medical records from Potneuf Medical Center, Pocatello, ID for bilateral knee 
pain 

	f.  VA benefits letter and rating decision, dated 7 May 2015, for left wrist painful 
motion, retained shell fragment left wrist muscle group, tinnitus, and traumatic brain 
injury.

	g.  HRC congressional response, dated 13 November 2017, states that the applicant 
requested the Purple Heart on 7 November 2017.  Lieutenant Colonel RAL, HRC, 
Awards and Decorations Branch, states they are unable to authorize the Purple Heart 
for issuance.

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army (RA) on 23 March 2006.  He reenlisted in the RA 
on 8 December 2009 for 5 years.

	b.  He served in Iraq from 10 March 2007 to 8 May 2008 and 9 October 2009 to 
25 October 2010.

	c.  He was honorably released from active duty on 7 December 2014.  He was 
discharged under the provisions of Army Regulation (AR) 635-200, (Active Duty 
Enlisted Administrative Separations), chapter 4, completion of required active service.

	d.  He completed 8 years, 8 months, and 15 days.  His DD Form 214 shows he was 
awarded or authorized:

*	Army Commendation Medal (2nd Award)
*	Army Achievement Medal (3rd Award)
*	Army Good Conduct Medal (2nd Award)
*	National Defense Service Medal
*	Global War on Terrorism Service Medal
*	Iraq Campaign Medal with Campaign Stars (3rd Award)
*	Noncommissioned Officer Professional Development Ribbon
*	Army Service Ribbon
*	Overseas Service Ribbon (2nd Award)
*	Combat Infantryman Badge
*	Parachutist Badge

	e.  Following his release from active duty, he applied for award of the Purple Heart.  
On 13 November 2017, the Awards and Decorations Branch at HRC considered his 
request and informed his Member of Congress    

		(1)  The Awards and Decorations Branch understands the applicant's desire to 
obtain Purple Heart recognition; however, the branch is unable to authorize the Purple 
Heart for issuance.  The statutory and regulatory criteria governing the Purple Heart 
require it to be awarded to Soldiers who are wounded as a result of enemy action.  The 
wound must have required treatment by a medical officer and been made a matter of 
official record.  Official military documentation reflecting medical treatment must be 
provided.  Furthermore, AR 600-8-22 (Military Awards) explicitly states soft tissue 
injuries, minor abrasions, and lacerations, unless incapacitating, do not justify award of 
the Purple Heart.

		(2)  The Awards and Decorations Branch acknowledges receipt of two DA Forms 
2823 (Sworn Statements), an order authorizing award of the Combat Infantryman 
Badge, and military medical documentation from the date of the incident.  However, 
according to the medical documentation, the applicant received a soft tissue injury to his 
left wrist as a result of a fragmented round during an enemy firefight on 14 May 2007. 
While his injuries and subsequent medical issues are unfortunate, it does not appear as 
though they meet the criteria for award of the Purple Heart.

5.  By regulation AR 600-8-22 (Military Awards)

	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 that 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.  Any member of the U.S. Army who believes that he or she is eligible for the 
Purple Heart, but through unusual circumstances no award was made, may submit an 
application through military channels, to the Commander, HRC, Awards and 
Decorations Branch.  The application will include complete documentation, to include 
evidence of medical treatment, pertaining to the wound.



BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient 
evidence to grant relief.  The applicant’s contentions and medical concerns were 
carefully considered.  Medical records show he was wounded by an enemy bullet 
fragment in which regulatory guidance does not require a severity of the wound for such 
a cause.  The wound was treated and made an official part of medical record.  The 
Board agreed he is entitled to the Purple Heart.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
Army records of the individual concerned be corrected by amending the applicant’s 
DD Form 214 by awarding and adding the Purple Heart Medal for injuries incurred as 
part of combat operations on 14 May 2007.
	  
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 Regulation 600-8-22 (Military Awards), in effect at the time, prescribes policies 
and procedures for military awards and decorations, to include the Purple Heart.  

	a.  Paragraph 2-8 b, the Purple Heart is limited to members of the Armed Forces of 
the United States who, while serving under component authority in any capacity with 
one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who
has died or may hereafter die after being wounded—

	(1)  In any action against an enemy of the U.S.

	(2)  In any action with an opposing armed force of a foreign country in which the 
Armed Forces of the U.S. are or have been engaged.

	(3)  While serving with friendly foreign forces engaged in an armed conflict 
against an opposing armed force in which the U.S. is not a belligerent party.

	(4)  As the result of an act of any such enemy of opposing Armed Forces.

	(5)  As the result of an act of any hostile foreign force.

	(6)  After 28 March 1973, as the result of an international terrorist attack against 
the United States or a foreign nation friendly to the U.S., recognized as such an attack 
by the Secretary of Army, or jointly by the Secretaries of the separate armed services 
concerned if persons from more than one service are wounded in the attack.

	(7)  After 28 March 1973, as the result of military operations while serving outside 
the territory of the U.S. as part of a peacekeeping force.

	(8)  Members killed or wounded in action by friendly fire. In accordance with 10 
USC 1129 for award of the Purple Heart, the Secretary of the Army will treat a member 
of the Armed Forces described in (a), below, in the same manner as a member who is 
killed or wounded in action as the result of an act of an enemy of the U.S.

	b.  Paragraph 2-8 e, 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 by medical personnel and records of medical treatment 
for wounds or injuries received in action must have been made a matter of official 
record.

	c.  Paragraph 2-8 f, 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.

	d.  Paragraph 2-8 g, 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 mine or trap
*	Injury caused by enemy released chemical, biological, or nuclear agent
*	Injury caused by vehicle or aircraft accident resulting from enemy fire

	e.  Paragraph 2-8 h, examples of injuries or wounds which clearly do not justify 
award of the Purple Heart are as follows:

*	Frostbite or trench foot injuries
*	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
*	Post-traumatic stress disorders
*	Jump injuries not caused by enemy action

ABCMR Record of Proceedings (cont)	 AR20170018243

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