ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 20 March 2019 DOCKET NUMBER: AR20190000087 APPLICANT REQUESTS: reconsideration of his previous request for award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application For Correction of Military Record) dated 21 December 2018 * Self-authored letter * DD Form 689 (Individual Sick Slip) dated 12 May 2006 * Health Record dated 20 November 2012 * Department of Veterans Affairs (VA) Rating * DD Form 214 (Certificate of Release or Discharge From Active Duty) for the period ending 5 September 2013 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20160017483 on 7 November 2016. 2. The applicant asks that the Board consider the additional evidence he is providing in support of his request for reconsideration for award of the Purple Heart medal. The new evidence he is presenting does show treatment for injuries as evidence for awarding of the Purple Heart. He states the triage slip from initial treatment after the improvised explosive device (IED) blast injury is dated 2 days after the incident due to ongoing combat operations. He states there is no paperwork showing 2 days of bed rest or treatment for the shrapnel, since there were no visible entry and exit wounds in the roof of his mouth where the material entered. He is currently seeking treatment to locate the shrapnel in his body and receiving treatment for combat related traumatic brain injury (TBI). 3. The applicant's DD Form 214 for the period ending 5 September 2013 shows he served in Iraq from 24 April 2003 to 24 October 2003 and from 4 December 2005 to 22 November 2006 (see item 18). He was honorably discharged upon completing required active duty service. The DD Form 214 does not list the Purple Heart among his awards (see item 13). 4. On 26 September 2018, the Board denied his request for award of the Purple Heart. 5. He provides a DD Form 689 dated 12 May 2006, which shows he was seen by a medical officer for headaches following an IED blast that had occurred 2 days earlier. The form shows he was returned to duty. 6. He provides a Health Record dated 20 November 2012, which shows he was seen by a medical provider for a history of concussion/IED trauma due to multiple blast exposures in 2005-2006 while deployed. He had one episode of headache and disorientation/dizziness/nausea following a blast in 2006. He admitted to occasional episodes of vertigo and tinnitus since then. He was referred for magnetic resonance imaging to rule out possible lesions or structural abnormalities in his brain. 7. He provides a screen shot of a VA rating showing a 70 percent service-connected disability rating for post-traumatic stress disorder with major depressive disorder and TBI. 8. 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. Award of the Purple Heart is announced in orders. Examples of enemy-related injuries which clearly justify award of the Purple Heart include * concussion injuries caused as a result of enemy-generated explosions. * mild 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 BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions and new information was carefully considered. Based upon the preponderance of evidence, the Board agreed the medical documentation does not substantiate his 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 to amend the decision of the ABCMR set forth in Docket Number AR20160017483 on 7 November 2016. 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): N/A 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 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. Award of the Purple Heart is announced in orders. Examples of enemy-related injuries which clearly justify award of the Purple Heart include * concussion injuries caused as a result of enemy-generated explosions * mild 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 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190000087 2 1