ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 February 2015 DOCKET NUMBER: AR20180000841 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) * Applicant's statement, dated 13 December 2017 * Orders CR-154-0248, Headquarters, 4th Infantry Division and Fort Carson, Fort Carson, CO, dated 3 June 2010 * Orders CR-154-0248, Headquarters, 4th Infantry Division and Fort Carson, Fort Carson, CO, dated 22 September 2010 * DA Form 2823 (Sworn Statement), dated 7 April 2011 * SF 600 (Health Record – Chronological Record of Medical Care), dated 17 April 2011 * DA Form 1156 (Casualty Feeder Card), dated 17 April 2011 * DA Form 2823, dated 17 April 2011 * SF 600, dated 18 April 2011 * DA Form 2823, dated 10 May 2011 * memorandum, U.S. Army Human Resources Command, Fort Knox, KY, subject: Award of the Purple Heart for (Applicant), dated 26 April 2017 FACTS: 1. The applicant states his application for the PH was not originally submitted while he was in Afghanistan. He has since applied to U.S. Army Human Resources Command and received a reply that stated, "The lack of supporting medical documentation at or near the date of enemy action reflecting diagnosis or indication of a qualifying injury makes it impossible to connect an injury to the incident." 2. His second statement, dated 13 December 2017, which accompanies his DD Form 149, chronicles the events after his injury: a. He sustained an injury at the hands of the enemy during combat operations in Afghanistan. b. Exhibit 1A (SF 600), dated 17 April 2011, shows a tympanic membrane perforation injury as documented by a physician assistant (PA) on ground at the time, with the cause of injury being a complex attack on Forward Operating Base Walton, Kandahar City on 7 April 2011. It also shows he was treated for his injury within 24 hours of initial injury. c. Exhibit 1B (SF 600), dated 17 April 2017, provides a statement from the same PA that the note was a reconstruction from a paper record that could not be found. The note was entered on 17 April 2011 due to the computer system being down because the were on an outlying forward operating base (FOB). Further evidence of the system outage is demonstrated below. Exhibit 1B also shows that the injury/illness was battle related. d. Exhibit 2A (SF 600), dated 18 April 2017, shows an encounter with their unit physician on Kandahar Airfield which is their unit hub for the medical documentation computer system, Armed Forces Health Longitudinal Technology Application (AHLTA- T). The physician states that the note was from an encounter on 15 April 2011 but was documented later due to difficulties with AHLTA-T. e. Exhibit 2B (SF 600), dated 18 April 2017, verifies the original injury of tympanic membrane perforation and a change in treatment plan/medication. f. Exhibit 3 from his Company Commander is his Casualty Feeder Card dated the same day as Exhibit 1 (dated 17 April 2011). The date on the card matches the date of the note from the PA because their computer system was restored on that date. g. Exhibit 4 (memorandum, U.S. Army Human Resources Command) states the event does not meet guidance in AR 600-8-22 paragraph 2-8e and there is a lack of supporting medical documentation. 3. The applicant enlisted in the Regular Army in 16 September 1997, and served in Afghanistan during Operation Enduring Freedom from 23 June 2010 through 28 May 2011. 4. He provided DA Form 2823, dated 7 April 2011, wherein the author, Lieutenant Colonel X____ XX____, outlined a detailed account of the events inside the FOB Walton Aid Station after a complex attack on FOB Walton. The narrative described the applicant as having participated in aiding in the treatment of Soldiers who were wounded during the attack. His statement also reported 54 MACE (Military Acute Concussion Evaluation) had been administered between 1500 and 2245 hours on 7 April 2011. 4. He provided Standard Forms 600 showing: a. On 17 April 2011, "Patient (PT) was seen on 8 April 2011, 24 hours post acoustic trauma. PT complains of left ear pain, and headache. Original visit showed left TM [tympanic membrane] damage, caused by complex attack on FOB Walton on 7 April 2011. PT was re-evaluated at KAF 1BCT 4ID Battalion aid station [Kandahar Airfield, 1st Combat Team, 4th Infantry Division] and a left TM perforation was discovered." b. On 17 April 2011, "SM [service member] seen at FOB Walton BAS [Battalion Aid Station] (NATO Role 1) Kandahar City on 8 April 2011 with chief complaint of left ear pain x24 hours. Paperwork cannot be found; reconstructed note: Subjective: 34 year old ADA SFC with chief complaint of left ear pain x24 hours after explosions associated with complex attack of FOB Walton, 7 April 2011. SM was on HLZ [Helicopter Landing Zone] at start of attack awaiting a flight. No Discharge. No loss of hearing. SM reports tinnitus for 8 hours following explosions, none currently." 5. He provided a casualty feeder card, dated 17 April 2011, showing he sustained acoustic trauma and a perforated tympanic membrane from an explosion during a complex attack on FOB Walton on 7 April 2017. 6. He provided DA Form 2823, dated wherein Corporal X___ X. X____ stated, "On 7 April 2011, my solider and I [sic] were waiting for her flight to depart from FOB Walton LZ [Landing Zone]. While at the LZ I noticed (Applicant) was also waiting for the same flight. At approximately 0935 small arms fire began to hit the FOB. My Soldier, (Applicant), and me took temporary cover in a plywood made bunker. While at the LZ two RPG rounds hit around the LZ within 50 meters of our position. After the two explosions we took cover behind some parked RGs. We all were making our way around a T-wall barrier and a VBIED [Vehicle Borne Improvised Explosive Device] at the ECP [Entry Control Point] of FOB Walton detonated. (Applicant) stayed by the T- wall barriers and [my Soldier] and I went back to our company TOC [Tactical Operations Center]." 7. He provided SF 600, dated 18 April 2011, showing a delayed entry for visit for a date of 15 April 2011, due to difficulties with AHLTA-T. "Perforated tympanic membrane healed an inferior epithelial defect was noted on the left TM which appears to be healing." "Onset date: 7 April 2011: Battle Related; Category: All other. Medical/Surgical Cause: Battle injury/Illness." 8. He provided DA Form 2823, dated 10 May 2011, wherein Chief Warrant Officer 3 X___ X. X____ stated in regard to the 7 April 2011 attack, "FOB Walton came under attack from insurgents firing small arms, RPGs [Rocket Propelled Grenades], indirect fire, VBIEDs, and suicide bombers. I and Chief Warrant Officer 3 X____ were hit with an RPG. Both of us sustained injuries, treated by Sergeant X____ in the bunker and were transported to 4BSB aid station about an hour later since the FOB was still under attack. In the aid station, there were several of the medics performing their duties…including (Applicant). (Applicant) cut my clothes off and inspected for further wounds…" 9. He provided a memorandum from U.S. Army Human Resources Command, dated 26 April 2017 disapproving the award of the PH: a. After a thorough review of the information provided, we concur with the chain of command that the award of the PH for this particular event does not meet the statutory guidance outlined in Army Regulation 600-8-22 (Military Awards), paragraph 2-8e. b. The lack of supporting medical documentation at or near the date of enemy action reflecting a diagnosis or indication of a qualifying injury makes it impossible to connect an injury to the incident. 10. His DD Form 214 shows on 30 September 2017, he was honorably separated with sufficient service for retirement. The PH is not listed among his awards. 11. The PH is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record, and applicable regulations, policy, and guidance. The applicant’s statement, DA Form 1156 (Casualty Feeder Card), and service treatment records substantiate the wound was the result of hostile action, required treatment by a medical officer, and the medical treatment was made a matter of official record. Therefore the preponderance of evidence is sufficient to meet the criteria for the Purple Heart in accordance with Army Regulation 600-8-22 (Military Awards). The Board finds the applicant’s request is warranted. 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 the Army records of the individual concerned be corrected by: * Awarding him the Purple Heart * Correcting his DD Form 214 to add the Purple Heart ___________X________________ Chairperson 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The PH is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record. 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. A PH is authorized for the first wound suffered under conditions indicated above; an oak leaf cluster is awarded to be worn on the medal or ribbon for each subsequent award. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. a. Paragraph 2-8e states, 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. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the service member’s medical and/or health record. 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 service member’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. b. Paragraph 2-8f states, 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 sole justification for award. c. Paragraph 2-8g provides examples of enemy-related injuries which clearly justify award of the PH: * 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. d. Paragraph 2-8h states, examples of injuries or wounds which clearly do not justify award of the PH are as follows: * 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. * Airborne (for example, parachute/jump) injuries not caused by enemy action. * Hearing loss and tinnitus (for example: ringing in the ears). * Mild traumatic brain injury or concussions that do not either result in 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. * Abrasions and lacerations (unless of a severity to be incapacitating). * Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). * First degree burns. ABCMR Record of Proceedings (cont) AR20180000841 5 1