ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 October 2019 DOCKET NUMBER: AR20180003360 APPLICANT REQUESTS: in effect, reversal of the denial by the U.S. Army Human Resources Command (HRC) for award of the Purple Heart (PH). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Narrative to Accompany the Award of the Combat Action Badge with two allied DA Forms 2823 (Sworn Statement) * U.S. Air Force Physical Evaluation Board (PEB) Proceedings with attach PEB and Department of Veterans Affairs (VA) medical records * statement he submitted to the USAF Wounded Warrior Program * two HRC letters FACTS: 1. The applicant states: a. He is requesting award of the PH for a traumatic brain injury (TBI) (concussion) sustained during combat operations in the Iraq theater on 10 April 2006. He originally sent this package to the USAF Board of Corrections for Military Records because he is a retired USAF master sergeant; however, they declined to make a decision because he was in the Army at the time of the incident. He then sent this package to HRC, Awards and Decorations Branch and was denied due to a missing medical document that he has continually stated was loss when the Army changed over from paper medical records to electronic records (Armed Forces Longitudinal Health Technical Application (AHLTA). Therefore, he is resubmitting this package as an appeal for award of the PH to the Army Review Boards Agency. b. At the time he was in the Army performing route clearance operations as a combat engineer. He was always told in order to receive a PH that the skin would have to have been broken per Army regulations (AR) whenever he inquired about it. Nine years later, he came to learn that is not the DOD policy and that he is actually eligible for the PH due to the fact that he was temporarily knocked unconscious by a massive explosion only several feet from his vehicle. He was then pulled out and dragged to another vehicle in the middle of a firefight because his vehicle was disabled and on fire from the explosion. He was treated at the Camp Anaconda Tactical Medical Clinic (TMC) for a post improvised explosive device (IED) explosion examination. It was determined he had a concussion and he was given Naproxen, told to rest for a couple days, and then return to duty. Award of the PH would serve as a validation for himself and fellow combat veterans that there is justice for those that have laid it all on the line for their country and have nothing to show for it besides invisible injuries and their sacred honor. c. He believes he should be awarded the PH for injuries sustained during Operation Iraqi Freedom (OIF). This award is long overdue and would correct what he believes to be an injustice. At the time, he was a member of the NDARNG working as a combat engineer performing route clearance operations. Their job was to clear the roadways of IED’s and insurgents so convoys carrying critical supplies could get in and out of Balad Air Base, also known as LSA Anaconda by the Army. They were regularly exposed to lED explosions and firefights while out on combat patrols. d. On April 2006, they were on a route clearance patrol just north of Taji, Iraq clearing the southbound lane of the busiest highway in Iraq known as MSR (Main Supply Route) Tampa. They came to a stop for a suspicious package lying on the middle of the road. This package would later be identified as the bait to kick off a complex ambush. There was a frontage road maybe a hundred yards to the west with heavy traffic on it because they did not want to sit behind their cordon and wait for them to clear the IED and request the RG-31 mine clearing vehicle with a .50 caliber mounted in the turret go stop traffic on that frontage road while they cleared the lED. After they gave the all clear they proceeded along a dirt trail back to the paved MSR Tampa. As they got closer to the highway, they approached a burnt out tanker only several feet from the trail. He remembers getting ready to climb into the turret and the next thing he knew everything was black and it smelled like smoke and burnt diesel fuel. He could also hear what sounded like loud hail hitting the glass but it was really AK-47 rounds. As he was lying there on floor of the RG-31 the back door opens and two sergeant majors that were in an infantry unit that called in the suspicious package grab me by the feet and dragged him out the door while yelling, screaming, asking if he was alright and saying stuff like "holy shit, we thought you guys were all dead.” e. He estimated he was unconscious on the floor the RG-31 anywhere from 30 seconds to 2 minutes. As they carried him over to the buffalo some 30 or 40 yards away the firefight was well under way. His feet were not really working and he was out of it, so he sat in the buffalo dazed and out of it throughout the firefight while they waited for their Quick Reaction Force to load up their disabled RG-31 and take them back to the based. Once on base, they were evaluated at the Army LSA Anaconda TMC where he told the doctor his head hurt and the doctor stated he had a concussion and to take Naproxen and rest for the next couple of days and he would be good to go. He was groggy and out of it still the next day, but he believes it was the following day he was returned to duty. He did not hesitate to return back to duty even though he still did not feel 100% because they were already short numbers for such a critical mission and he did not want to let the rest of the guys down. f. Some of my treatment remains in my medical record proving he was seen in the TMC for an explosion resulting from hostile activity; however, the main note detailing his treatment that night was lost. His cognitive abilities have diminished significantly since the blast that rendered him unconscious. He also has frequent headaches since the blast that have progressively gotten worse since being exposed to a massive explosive only several feet away. He also has a fractured spinous process of his C7 vertebrae which his doctors believe is linked to this blast. His inquired about a PH following the incident were dismissed by his command staff because the blast had not broken the skin. Years later, he learned that he is in fact eligible for the PH due to the TBI he suffered, which is why he is currently submitting this packet. This statement is true and accurate to the best of his knowledge. 2. The applicant provides copies of the following: a. A Narrative to Accompany the Award of the Combat Action Badge showing this award was awarded to Company A, 2nd Platoon, 164th Engineer Battalion, an explosion that occurred when the unit was conducting route clearance operations on 10 April 2006. He also provided resulting DA Form 2823 (Sworn Statements) detailing the incident as a result of an IED explosion. b. USAF PEB Proceedings, with attached PEB and Department of VA medical records, showing a board convened on 6 November 2015 and determined he was unfit for post-traumatic stress disorder, chronic neck pain, and disc disease. The board recommended his temporary retirement. b. A statement in support of award of the PH, dated 5 July 2016, he submitted to the USAF Wounded Warrior Program. c. A letter, dated 30 May 2017, wherein HRC requested he provide medical documentation describing both diagnosis and treatment of injuries caused by the enemy. d. A letter, dated 27 June 2017, wherein HRC, Awards and Decorations Branch, stated: * after a thorough review of the information provided the award of the PH for that event did not meet the statutory guidance outlined in AR 600-8-22 (Military Awards), paragraph 2-28e * the lack of supporting medical documentation at or near the date of enemy action reflecting a diagnosis or indication of a qualifying injury made it impossible to connect an injury to the incident * he had the right to appeal to the ABCMR 3. Review of the applicant’s service records shows: a. He enlisted in the North Dakota Army National Guard (NDARNG) on 13 October 2000. Upon completion of training, he was awarded military occupational specialty 21B (Combat Engineer). b. He was ordered to active duty in support of OIF and entered active duty on 5 August 2005. He served in: * Kuwait from 12 to 16 November 2005 * Iraq from 161 November 2005 to 4 November 2006 * Kuwait from 4 to 5 November 2006 c. He was honorably released from active duty on 12 December 2006 and was transferred to the NDARNG. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 1 year, 4 months, and 6 days of active duty. This form also does not show he was awarded/authorized the PH. d. He was honorably discharged from the NDARNG on 27 July 2007, for enlistment in the USAF. His National Guard Bureau Form 22 (Record of Service and Report of Separation) does not show he was awarded/authorized the PH. 4. By AR 600-8-22, the PH 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: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. He contends he is entitled to the Purple Heart for wounds received when he was knocked unconscious. He contends he went to a doctor, was given medication, and limited duty. However, the medical evidence was lost. He applied for relief through HRC. HRC denied his request as there was no medical evidence of his contentions from the immediate period of the incident in question. Based upon the preponderance of the evidence, the Board agreed he did not provide sufficient evidence that shows he met regulatory criteria for entitlement to the Purple Heart. 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: 1. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states: 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. 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 Purple Heart 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. c. Examples of enemy-related injuries that clearly justify award of the Purple Heart include concussion injuries caused as a result of enemy-generated explosions resulting in a mild traumatic brain injury (TBI) 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. Examples of injuries or wounds that clearly do not justify award of the Purple Heart include post-traumatic stress disorders, hearing loss and tinnitus, mild TBI 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. Also soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). 2. Army Directive 2011-07 (Awarding the Purple Heart), dated 18 March 2011, provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart for concussions (including mild TBI and concussive injuries that do not result in a loss of consciousness). The directive also revised AR 600-8-22 to reflect the clarifying guidance. a. Combat theater and unit command policies mandating rest periods or downtime following incidents do not constitute qualifying treatment for concussion injuries. b. To qualify as medical treatment, a medical officer or medical professional must have directed the rest period for the individual after diagnosis of an injury. 3. The MACE is a standardized mental status examination that is used to evaluate mild TBI, or concussion, in theater. This screening tool was developed to evaluate a person with a suspected concussion and is used to identify symptoms of a mild TBI. Future MACE scores can be used to determine if the patient’s cognitive function has improved or worsened over time. To be most effective, all service members experiencing concussion, or mild TBI, should have the MACE administered within the first 24 hours of the event in order to make certain that proper care is administered in a timely fashion. The MACE, in combination with a medical exam, can be used to help determine if it is safe for a service member to return to duty. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180003360 6 1