ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 April 2019 DOCKET NUMBER: AR20180015759 APPLICANT REQUESTS: the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Casualty Report * U.S. Army Human Resources Command (HRC) Letter * Department of Veterans Affairs (VA) Rating Decision * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant states: a. He was injured in the line of duty during his tour in Iraq. b. The Casualty Report reflects that the casualty type was hostile, the inflicting force was enemy forces, and the injury was duty related. c. The resulting injury was one of the deciding factors in his medical discharge and has left him with reduced use of his arm and constant numbness and pain. d. At the time of his injury and at the time of his discharge, his captain (CPT) insisted that he would complete the necessary paperwork for the Purple Heart. He lost contact with his CPT a few years ago, but he recently found out that he could complete the paperwork himself. e. He asked VA counselors for assistance over the years, but no one knew what he needed to do. f. After he received a post-traumatic stress disorder (PTSD) diagnosis, he was informed of the process to request a Purple Heart. His CPT in Iraq and the Rear Detachment CPT both felt he should have the Purple Heart since the injury occurred in hostile territory and was inflicted by enemy forces. 2. The applicant enlisted in the Regular Army on 25 January 1996 and continued to serve on active duty through reenlistments. He subsequently served in Kuwait/Iraq from 28 December 2004 to 17 April 2005. 3. He provided a Casualty Roster, dated 12 April 2005 that shows, in part: * Casualty Type - :"HOSTILE" * Casualty Status - "NOT SERIOUSLY ILL/INJURED" * Incident Date/time - "2005-04-12/06:55" * Incident (City, State, Country) - "BAQUBAH/IRAQ" * Circumstances - "SOLDIER WAS RUNNING AFTER TWO INDIVIDUALS WHO WERE THROWING ROCKS AT THEM WHEN SOLDIER FELL" * Inflicting Force - "ENEMY FORCES" * Diagnosis - "SOLDIER SUSTAINED A BROKEN ARM" 3. On 31 December 2005, he was honorably discharged from active duty by reason of physical disability with entitlement to severance pay. His DD Form 214 does not show the Purple Heart. 4. On 18 September 2018, HRC-Awards and Decorations Branch denied his request for award of the Purple Heart based on: a. After a thorough review of the information provided, the award of the Purple Heart for this particular event does not meet the statutory guidance outlined in Army Regulation 600-8-22 (Military Awards), paragraph 2-8h(8). b. The circumstances of the event and the injuries he incurred, while in the line of duty, were due to an unforeseen accident. c. Wounds accidentally incurred in a combat zone do not entitle Soldiers to an award of the Purple Heart. d. HRC advised him of his right to appeal to the Army Board for Correction of Military records. 5. He provided a VA Rating Decision, dated 22 August 2018, that shows he was granted service-connection for PTSD (increased to 70 percent (%)); degenerative arthritis of the spine (increased to 40%); residuals, fracture left fifth metatarsal (increased to 20%); right knee flexion (10%); right lower extremity radiculopathy sciatic (40%); left forearm fracture with malunion of the ulna (20%); left lower extremity radiculopathy sciatic (10%); scars, right knee (0%); right knee meniscectomy (10%); and residuals of left forearm fracture (10%). 6. By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded because of enemy action, the wound required treatment by medical personnel, and the treatment was made a matter of official record. The regulation provides that award of the Purple Heart is not justified for accidents not related to or caused by enemy action. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. Although the applicant was injured in Iraq in the line of duty, the injury does not meet the regulatory requirements for award of the Purple Heart in that there is insufficient evidence that the injury occurred as a direct result of enemy contact. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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________________ 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) 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 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. a. Paragraph 2-8e states 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. 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 prerequisite, but is not sole justification for award. c. Paragraph 2-8h(8) states award of the Purple Heart is not justified for accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. //NOTHING FOLLOWS// 4