ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 December 2019 DOCKET NUMBER: AR20180002043 APPLICANT REQUESTS: in effect, reversal of 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) * Congressional correspondence * Newspaper Article FACTS: 1. The applicant states he wants the Purple Heart added to his records. He was wounded in 2003 by an improvised explosive device (IED) blast but never received the Purple Heart. He sustained a concussion and there was also shrapnel removed from his forehead, as a result of the blast/explosion. 2. Review of the applicant’s service records shows: a. He enlisted in the Regular Army on 14 May 2002. He held military occupational specialty 19D (Cavalry Scout). b. He served in Iraq from 20 March 2003 to 1 January 2004. He was assigned to the 2nd Armored Cavalry Regiment. c. Around 20 October 2004, he was reassigned to the Reconnaissance Troop, 3rd battalion (Armor), 10th Mountain Division, Fort Drum, NY. d. The complete facts surrounding his disability processing are not available for review. However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged on 26 April 2006, due to disability with entitlement to severance pay. He completed 3 years, 11 months, and 13 days of active service. He was awarded or authorized: * Bronze Star Medal with V Device * Army Commendation Medal * Army Good Conduct Medal * National Defense Service Medal * Global War on Terrorism Service Medal * NCO professional Development Ribbon * Iraq Campaign Medal e. in October 2014, the DOD Physical Disability Board of Review reviewed his disability rating and increased the disability rating for a right ulnar hand pain secondary to a fracture of the middle finger, from zero percent to 10 percent. f. On 6 February 2007, HRC Awards Branch wrote to the applicant concerning his desire to receive an award of the Purple Heart for injuries he claimed he received during his service in Operation Iraqi Freedom. The letter stated: (1) The criteria for award of the Purple Heart require it to be awarded to Soldiers for wounds or injuries received as a direct result of enemy action. The wounds must have required treatment by a medical official and have been made a matter of official record. The documentation reflecting medical treatment following the incident must be provided. (2) HRC reviewed the documentation provided in support of the request. The Chronological Record of Medical Care states on 27 June 2003, in Bagdad, he was a passenger in a vehicle involved in an explosion and were thrown from the vehicle. Further, he denied that any injury had occurred, that he suffered from headaches or that he felt pain anywhere in his body. HRC also noted that on 19 July 2003, he received medical treatment when "a small black object" was removed from his forehead. There is no indication in the medical documentation provided that the small black object was embedded in his forehead as a result of the vehicle explosion on 27 June 2003. Additionally, there is no evidence that the vehicle explosion occurred as a direct result of enemy action. Without documentation he received an injury as a direct result of enemy action on 27 June 2003, an award of the Purple Heart cannot be authorized. g. A letter, dated 19 November 2009, from HRC Awards Branch to the applicant concerning award of the Purple Heart was disapproved. Each approved award of the Purple Heart must exhibit all of the following factors wound, injury or death must have been the result of enemy or hostile act, international terrorist attack, or friendly fire, the wound or injury must have required treatment by medical officials, and the records of medical treatment must have been made a matter of official Army records. The medical documentation provided indicates that on 27 June 2003, he was evaluated after an IED blast, and the evaluation was normal. On 19 July 2003, a small metal object was extracted from his forehand. The area was cleaned with Betadine and he was instructed to keep it clean and dry. There is no other documentation of diagnosis and treatment of an injury or injuries caused by the enemy, which was required of and provided by medical personnel. Therefore, this does not meet the criteria for the award of the Purple Heart. h. On 6 August 2013, HRC wrote to the applicant's Member of Congress regarding the Purple Heart. The letter stated: (1) Their office was unable to verify the applicant's entitlement to the Purple Heart. HRC acknowledged receipt of the same military medical documentation previously submitted to their office, copy of his DD Form 214 and a citation announcing the Bronze Star Medal with "V" Device. However, award of the Purple Heart has several regulatory requirements not met by the documentation provided. (2) HRC noted that from the medical documentation that the applicant was medically evaluated subsequent to an IED blast but he was not diagnosed or treated for injuries sustained during the incident. They also noted that on 19 July 2003, shrapnel was removed from his forehead, but there is no indication that his injuries were received as a result of enemy action. (3) As stated in previous correspondences with the applicant in February 2007 and November 2009, without medical documentation showing both a diagnosis and treatment of injuries received as the result of enemy action we cannot authorize the Purple Heart. i. On 24 June 2018, HRC wrote to the applicant's Member of Congress regarding the Purple Heart. The letter stated they (HRC) remained unable to authorize the Purple Heart for issuance. After a thorough review of the military medical documentation previously submitted to their office, circa 2009, pertaining to the incident of June 27, 2003, they determined this particular event does not meet the statutory guidance outlined in AR 600-8-22 (Military Awards), paragraph 2-Be. The medical documentation does not indicate he was diagnosed or treated with a concussion, traumatic brain injury, or other qualifying wounds at or near the time of the incident in question. 4. By regulation (Army Regulation 600-8-22 - Military Awards), the Purple Heart may be awarded for concussion injuries caused as a result of enemy generated explosions: mild TBI or a 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. 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. BOARD DISCUSSION: Per the regulatory guidance on awarding the Purple Heart, the applicant must 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 must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart 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. X 3/11/2020 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, 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 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 (AR) 600-8-22 (Military Awards), 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 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity; the applicant has the burden of proving an error or injustice by a preponderance of the evidence. NOTHING FOLLOWS