ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 March 2019 DOCKET NUMBER: AR20180012301 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 207-62, U.S. Army Garrison Grafenwoehr, Germany, dated 25 July 2008 * Theater Clinic Medical Record, dated 20 September 2016 * Theater Clinic Medical Record, dated 20 September 2016 * Casualty Status Report, dated 6 October 2017 * Enlisted Record Brief * personal statement, dated 10 October 2017 * DA Form 4187 (Personal Action), dated 12 October 2017 * memorandum, U.S. Army Human Resources Command, Fort Knox, KY, dated 19 March 2018 FACTS: 1. The applicant states: a. His PH application should be approved. His original application was disapproved based on Army Regulation 600-8-22, paragraph 2-8e. At no point does the regulation require a diagnosis as the disapproval memorandum stated. Shockingly, his medical records indicated a diagnosis, so even if that were true, it did not warrant disapproval. He believes the decision was a simple oversight. b. The medical records provided in his original request states, "primary diagnosis, gunshot wound," so a diagnosis was indicated. Additionally his medical records stated he arrived at the medical station for evaluation of a shrapnel wound and was subsequently placed into bed 6 for treatment. In his original application, he stated he was admitted and the injury was battle related and identified the cause as a battle injury. His wound was cleaned and dressed and he was released with antibiotics. He has met the requirements for award of the PH as he sustained a qualifying injury and a diagnosis with treatment of the injury. c. He has a casualty report indicating the injury was inflicted by enemy forces and the incident type was hostile. He received shrapnel after a rocket propelled grenade hit a fuel tank and exploded while he was on guard duty in a building in Sadr City, Iraq. 2. He provided temporary change of station orders assigning him to 1st Battalion, 2nd Stryker Cavalry Regiment, Iraq, with an effective date 13 August 2007. 3. He served in Iraq during Operation Iraqi Freedom (OIF) from 14 August 2007 through 7 November 2008. 4. His records contain a non-commissioned officer evaluation report (NCOER) for the period 1 July 2007 through 31 January 2008, attributing his service in Iraq leading his squad through numerous raids in the most hostile areas of Sadr City. 5. His NCOER for the period 1 February 2008 through 31 January 2009, attributed his leadership during operations in Sadr City, Baghdad, and Mosul in Iraq, during which he lost two Soldiers. 6. On 4 September 2008, he was awarded a Bronze Star Medal for exceptionally meritorious service as a Squad Leader while conducting combat operations during OIF. 7. He provided a medical record printout, dated 20 September 2016, showing he visited the theater clinic (Facility WD5TAA) on 8 April 2008 for right leg tissue puncture consistent with shrapnel entry wound: a. The patient arrived to EMT (Emergency Medical Technician) at 2200 hours for evaluation of shrapnel wound to right calf sustained around 1700 hours. Upon arrival the patient was placed into bed 6 for treatment. The patient had x-ray films taken of his right leg and was assessed by providers. The wound was then cleaned and dressed. The patient was then cleared to be released RTD (Return to Duty) with antibiotics and a plan of care for follow-up as needed. Patient left EMT at 2245 hours. b. The assessment/plan (A/P) was gunshot wound. c. His disposition was admitted due to battle related injury and illness on date 8 April 2008. The appointment class was outpatient. 8. He provided a medical record printout, dated 20 September 2016, showing he arrived at EMT at 2200 for evaluation of shrapnel wound to right calf sustained around 1700 hours. He left the EMT at 2245 hours. 9. He provided a casualty status report showing he was involved in a Grenade/RPG attack at Sadr City, from hostile enemy forces and wounded in action from shrapnel. The incident date and time was reported as 7 April 2008 at 1810 hours. The circumstances reported were he sustained shrapnel to the right leg near the vicinity of MB 47705 91376 (map sheet designator, Sadr City, Iraq) while in a school building when a RPG hit a fuel tank causing an explosion. His unit was reported as Company B, 1st Squadron, 2d Cavalry, 3rd Brigade Combat Team, Vilseck, Germany. 10. His undated statement, outlined the incident: a. On 7 April 2008, while deployed with Bravo Company, 1st Squadron, 2d Cavalry, 3rd Brigade Combat Team, two of his Soldiers and he were pulling guard duty in a building located in Sadr City, Iraq. b. As he walked into a hallway, there was an explosion that knocked him off his feet. He was dazed and his ears were ringing. He found his Soldiers as he worked his way through the smoke and debris. He rendered first aid to a Soldier with no life signs. He placed a tourniquet on the right arm of the other Soldier and remained with him until medics arrived. The second Soldier later died of his wounds. c. He didn't realize he had shrapnel in his leg until a medic arrived and asked him if blood on his lower extremity was from him or one of his Soldiers. He was sent to "CASH" (Combat Support Hospital) for treatment, was given antibiotics, and released for duty. The explosion contributed to hearing loss and his need for hearing aids. He was retained in his military occupational specialty after going through a medical evaluation board. 11. He provided a personnel action form showing his unit commander, Headquarters and headquarters Company, 2nd Battalion, 7th Cavalry Regiment, 3rd Armored Brigade Combat Team, 1st Cavalry Division, dated 12 October 2017, recommending he be awarded the PH. 12. He provided a memorandum from U.S. Army Human Resources Command, denying his request for the PH based on not meeting statutory guidance outlined in Army Regulation 600-8-22 (Military Awards), paragraph 2-8e. 13. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart 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. 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. BOARD DISCUSSION: After review of the application and evidence, the Board determined there is sufficient evidence to grant relief. The Board agreed the applicant is entitled to the Purple Heart as regulatory guidance for the award was met when he received shrapnel to the leg resulting from an enemy explosion. 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 his the Purple Heart for wounds received in connection with military operations against a hostile enemy on 7 April 2008. ___________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) provides that the Purple Heart 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. 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. ABCMR Record of Proceedings (cont) AR20180012301 2 1