ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 March 2019 DOCKET NUMBER: AR20180001114 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) * Orders 363-03, Office of the Administrative Assistant to the Secretary, U.S. Army Resources and Programs Agency, dated 29 December 2003 * Permanent Orders 321-8, Headquarters, 3d Infantry Division and Fort Stewart, Fort Stewart, GA, dated 16 November 2004 * Permanent Orders 321-3, Headquarters, 3d Infantry Division and Fort Stewart, Fort Stewart, GA, dated 16 November 2004 * Permanent Orders 321-7, Headquarters, 3d Infantry Division and Fort Stewart, Fort Stewart, GA, dated 16 November 2004 * Unit Personnel Accountability Report, dated 16 November 2004 * Radiology EMT Form, 86th Combat Support Hospital, Ibn Sina, Baghdad, Iraq, dated 1 May 2005 * MEDCOM Test Form 1381 (Joint Theater Trauma Registry Record), dated 1 May 2005 * MEDCOM Test Form (Form name unreadable), dated 1 May 2005 * Statement, CSM R____ C. B____, undated * DA Form 2823 (Sworn Statement), dated 19 October 2016 * Statement, (Applicant), undated * memorandum, National Defense University, Dwight D. Eisenhower School for National Security and Resource Strategy, dated 29 January 2017 * DA Form 4037 (Officer Record Brief), dated 21 February 2017 * DA Form 4187 (Personnel Actions), dated 13 April 2017 * memorandum, U.S. Army Human Resources Command (HRC), Fort Knox, KY, subject: Award of the Purple Heart for (Applicant), dated 21 June 2017 FACTS: 1. The applicant states: a. After a vehicle borne improvised explosive device (VBIED) attack on 1 May 2005, his battalion S-1 staff submitted documents supporting award of the PH for all service members sustaining injuries. His packet was included in the submission. The brigade commander approved all the packets except his. The brigade commander called him into his office and stated he thought it would create a bad perception for him as a battalion commander to receive a PH for a relatively small injury when there were other Soldiers who were seriously injured. He asked if (Applicant) would be comfortable earning the PH for the injury. (Applicant) stated, "Yes, I would as the injury I sustained met the requirements for entitlement to the PH." He dropped the issue and completed the remainder of his deployment to Iraq. b. In 2016, he began planning for his retirement. He decided to submit a packet the HRC for the PH. He completed the packet and reached out to two eyewitness of the VBIED attack. When submitted the packet my personnel office modified the detailed explanations in the DA Form 4187 I provided, stating it had to conform to a template rather than providing detail I offered. The packet was returned disapproved, stating, "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." From this explanation it appeared my entire packet may not have been submitted to HRC for consideration. 2. The applicant was commissioned on 27 May 1987 and served as a battalion commander in Iraq from 21 January 2005 through 11 January 2006. 3. He provided an emergency medical technician (EMT) form dated 1 May 2015, showing a x-ray result for an improvised explosive device (IED) injury of the right tibia/fibula. There is no discussion or result recorded on the form. 4. He provided a joint theater trauma registry record, dated 1 May 2005, showing treatment. The form shows: time of arrival is 1850 hours; time of injury is 1055 hours; triage category is marked as "minimal"; and wound source is marked "enemy." 5. He provided a MEDCOM Form, dated 1 May 2005, showing treatment from a small puncture wound of the right calf. The history is noted as, "small puncture wound [right] calf from earlier this AM. Unsure if it is shrapnel from an IED explosion." 6. He provided an undated statement from CSM R____ C. B____, a brief narrative of the VBIED event of 1 May 2005. He states in effect: a. I was involved in a suicide bombing attack on our patrol in the Karada District of Zafaraniyah, Baghdad, Iraq. My Battalion Commander, (Applicant), was assigned the mission of overseeing reconstruction of infrastructure regions in Baghdad. b. At 1100 hours, several children came running up to my position at the rear of the vehicle to speak with me. I convinced them to leave the area but they returned. A vehicle came from behind me, made a short u-turn, and drove directly towards me and the children. As I raised my weapon to fire he detonated his vehicle about 8 to 10 feet in front of us. I was blown 30 feet into an open area and was severely injured. [Applicant] made his way to my location, and assured me he would get me out of there. I was later briefed that my gunner, my driver, one of the commander's personal security detail, and the commander had been injured; 17 Iraqis and several children were killed. 7. He provided an undated statement from CSM (RET) G____ W____, a brief narrative of the VBIED event of 1 May 2005. He stated, a. As I started back towards the lead vehicle, there was a blast pushing me to the ground. After I got up I ran back to the rear vehicle finding MSG B____ on the ground and the four children on the ground. [Applicant] and his team were walking back towards the vehicle when the blast took place. They immediately ran to MSG B____ as we moved him to the side of the vehicle. We placed him in the vehicle and drove to forward operating base Rustimiyah. b. Once we arrived at the hospital I noticed blood on [Applicant's] pant leg as he pulled up his pant leg we saw a small puncture wound on his right calf and demanded that he go and get it checked out. 8. He provided an undated statement he had made at the time of the incident, 1 May 2005. His narrative outlines the events of a VBIED explosion. He stated in effect: a. About 20 meters from the vehicle there was a huge explosion when a VBIED drove up behind our last vehicle and my turret gunner spotted the vehicle and raised his rifle. I grabbed the medic and had her begin work on my most seriously injured Soldier, MSG B____. One of my PSD received injuries and an Iraqi boy had his foot amputated by shrapnel. It was during this blast that I sustained the shrapnel wound to my right calf area, although I did not notice the injury until later while waiting at the hospital area. b. While at the hospital waiting area, my Battalion CSM G____ W____ and Battalion S-3 MAJ A____ F____ noticed blood on my pants leg. I shrugged it off and said it must have been from helping to move our injured Soldiers. They had me pull up my pant leg revealing a small puncture wound on my right calf area that was the result of shrapnel sustained in the blast. 9. He provided a memorandum, from R ____S. B___, dated 29 January 2017. The statement indicates there was a delay of several hours while the applicant waited for others to be treated who were wounded as a result of the VBIED. 10. On 21 June 2017, U.S. Army HRC disapproved his application for the PH. It noted the particular event did not meet the statutory guidance outlined in Army Regulation 600-8-22 (Military Awards), paragraph 2-8e. It stated there was lack of supporting medical documentation at or near the date of enemy action reflecting a diagnosis or indication of a qualifying injury. 11. 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 by medical personnel, and the medical treatment must have been made a matter of official record. 12. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR BOARD DISCUSSION: After review of the applicant and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions, witness, statements, and medical concerns were carefully considered. Based upon the preponderance of evidence, the Board agreed there is no clear evidence his leg wound was sustained while in action against an enemy or as a result of hostile action. The applicant was unaware of how he was injured on the leg; and the medical documents provided shows incident information he told medical personnel. The Board specifically raised question to the 86th CSH medical form that’s shows the medical examiner wrote “…not sure if it is shrapnel from an IED explosion.” 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. It 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 by medical personnel, and the medical treatment must have been made a matter of official record. b. 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, 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. 3. Army Regulation 15-185 provides that the ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180001114 5 1