ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 24 October 2019 DOCKET NUMBER: AR20190003705 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) * Letter of support * Letter from Army Human Resources Command * DA Form 4187 (Personnel Action) * Personal Statement * 5 Sworn statements * Physician's statement * 2 Standard Forms (SF) 600 (Chronological Record of Medical Care) * Orders * Enlisted Record Brief (ERB) FACTS: 1. The applicant states: a. On 13 May 2017, his platoon inserted into the Provincial Governor's Palace in Kunduz City, Afghanistan in support of Operational Detachment Alpha (ODA) 1223. During the first four days they built fighting positions and executed their day and night security plans. On 25 May, 2017, around 0930 they received accurate enemy 82mm mortar fire approximately 100 meters from their position. Their platoon responded exactly as rehearsed and quickly moved to their fighting positions. His team moved to their position on the northern staircase with clear fields of fire to the northwest. The second round impacted within 15 meters of their position. b. The blast from the impact shattered the window that he and private first class (PFC) V were pulling security from, knocking PFC V to the ground and perforating both of his ear drums and simultaneously sending shrapnel ripping through his left elbow. He looked down at his arm and saw the shrapnel sticking out and blood running down and off his hand. Once inspecting PFC V for injuries, they moved to the basement for better cover. They were immediately treated by PFC G, their platoon medic (68W) and the senior ODA medic, sergeant first class (SFC) R. The shrapnel was removed from his arm and the wound was cleaned and bandaged. For the remainder of their mission in Kunduz City his wound was cleaned and bandaged. He was also given antibiotics to insure no infection began. Once returning to Bagram Airfield, he was immediately seen by captain (CPT) C, their brigade physician's assistant (PA). He assessed his wound and cleared him to return to his platoon. c. Award of the PH was denied because the medical documents did not indicate a diagnosis of and treatment for a qualifying injury. The statement issued by the PA on the SF600 listed the incorrect diagnosis. The correct diagnosis should have been laceration of the left forearm without retained foreign body as well as war operations involving explosion and fragments. Other medical documents and all sworn statements clearly support this award as well as discuss all medical treatment given during the incident and weeks after. Please see attached memorandum written and signed by his unit brigade surgeon. All medical treatment is documented in sworn statements from the Special Forces medic and platoon medic, SOAP report, and SF 600. 2. The applicant is currently serving on active duty as staff sergeant (SSG). 3. Records show the applicant served in Afghanistan from 26 February 2015 to 14 October 2015 and from 31 October 2016 to 16 July 2017. 4. A DA Form 4187, dated 11 December 2017, shows the applicant was recommended for award of the PH. 5. On 4 October 2018, Chief, Soldier Programs and Services Division, disapproved the request for award of the PH to the applicant. The cited reason for the disapproval was the provided information did not meet the statutory guidance outlined in Army Regulation 600-8-22 (Military Awards), paragraph 2-8e. The medical documentation provided did not indicate diagnosis of and treatment for a qualifying injury. 6. The applicant provides 4 witness statements to corroborate his account of the events surrounding his shrapnel injury. a. A statement from SSG F a Special Forces Medical Sergeant, states in pertinent part that he briefly assisted SFC R with treatment of the applicant’s shrapnel wound to the elbow immediately following the attack. b. A statement from specialist (SPC) G states in pertinent part that after the third round impacted on their positions he was moved to the basement of the Governor's Palace where he treated the applicant and SPC V for their injuries sustained from IDF shrapnel and blast. He assisted the 18D with removing the shrapnel from the applicant’s elbow, cleaning the wound, and providing him with the adequate amount of Moxifloxacin to prevent infection, as well as bandaging the wound. SPC V's treatment consisted of inspecting his ears and rendering him a MACE exam. He followed up throughout the duration of their stay in Kunduz and prepared the SF600, which he submitted to the battalion PA, CPT C upon their return to Bagram, Afghanistan. c. A statement from SPC V states in pertinent part that the second round impacted within 15 meters of their position. The blast from the impact shattered the window that he and the applicant were pulling security from, knocking him to the ground and perforating both of his ear drums. It simultaneously sent shrapnel ripping through the applicant’s left elbow. He got up and tried to continue pulling security even though he couldn't hear anything and was feeling stunned. Once he was inspected for injuries they moved to the basement for better cover. They were immediately treated by PFC G the platoon medic (68W) and the senior Special Forces medic SFC R (18D). d. A statement from SSG D, states in pertinent part, the blast from the 82mm mortar shattered the glass Alpha Team was pulling security from, simultaneously knocking PFC V to the ground while shrapnel ripped into the applicant’s left elbow. SPC G, the platoon medic (68W) and the ODA’s senior medic, SFC R (l8D) quickly reacted to the situation administering aide to the applicant’s shrapnel wound while CPL B administered buddy aide on PFC V. 1st Platoon suffered two wounded in action consisting of the applicant sustaining a shrapnel wound to the left elbow, and PFC V sustaining a perforated eardrum 7. The applicant further provides: a. A letter from CPT C, the PA, dated 8 June 2017, which states, in part, the applicant was in close proximity to a blast from enemy indirect fire on or about 24 May 2017. The applicant received a shrapnel wound to the left forearm in the incident. He was treated by the 18D, Special Forces medic on the ground and was return to duty. There was MEDEVAC at the time given he was fully capable to continue the mission. The applicant was first evaluated on 24 May 2017 by a Special Forces medic. The shrapnel was removed from the wound and the wound was cleaned and bandaged. The applicant followed up with him, the battalion physician assistant on 7 June 2017 for evaluation. The wound was healing appropriately and again cleaned and dressed. No further treatment or care was indicated at this time. b. A letter from major (MAJ) M, the Brigade Surgeon, dated 24 January 2018, which states, in part, the applicant was notified award of the PH was disapproved, with the cited reason being that the medical documentation provided did not indicate and diagnosis of and treatment for a qualifying injury. The applicant suffered a shrapnel wound to his left upper extremity, as a result of enemy indirect fire on 24 May 2017. He was initially evaluated by a Special Forces medic, treated and returned to duty due to the location and developing situation. The applicant was later evaluated by his unit PA, who submitted a Treatment Summary on 8 June 2017. The statement submitted by the PA who followed up with this Soldier after his shrapnel wound listed his diagnosis as a "laceration of the left forearm due to shrapnel form enemy indirect fire attack." The correct ICD 10 Code for this Soldier for this injury would be both S51.812A (Laceration of the left forearm without retained foreign body) as well as Y36.200A (war operations involving explosion and fragments, military personnel, initial encounter). A laceration indicates a break in the skin or open wound. In review of the regulation, specifically Army Regulation 600- 8-22 paragraphs 2-8e-g this meets the criteria for the PH Award. As this matter is being reconsidered. She recommend the applicant be recognized as entitled to this decoration, having met the aforementioned criteria. c. A medical report, dated 7 June 2017, which shows he was seen for a shrapnel entry wound to the left arm which occurred two weeks prior. It was noted the applicant stated he was seen by medic after the injury occurred. The medic removed the shrapnel and cleaned and dressed the wound. The report indicates the wound was healing appropriately and there were no signs of infection. 8. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy. Paragraph 2-8 contains the regulatory guidance pertaining to award of the PH. It states that in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action, that the wound required treatment by medical personnel, and that medical treatment was made a matter of official record. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief is warranted. Based on the records and evidence, the applicant should be awarded the Purple Heart for a wound sustained in action against an enemy on 8 June 2017. ? 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 showing that he was awarded the Purple Heart for a wound sustained in action against an enemy on 8 June 2017, and providing him the medal and orders, and issuing a DD Form 215 to show its award. 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: 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 medical personnel, and the medical treatment must have been made a matter of official record. a. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: * injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * injury caused by enemy-placed trap or mine * injury caused by enemy-released chemical, biological, or nuclear agent * injury caused by vehicle or aircraft accident resulting from enemy fire * 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 b. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * trench foot or immersion foot * heat stroke * food poisoning not caused by enemy agents * chemical, biological, or nuclear agents not released by the enemy * battle fatigue * disease not directly caused by enemy agents * accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * self-inflicted wounds, except when in the heat of battle and not involving gross negligence * PTSD * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * 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 * abrasions and lacerations (unless of a severity to be incapacitating) * bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * soft tissue injuries (for example, ligament, tendon, or muscle strains, sprains, and so forth) * first degree burns NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20190003705 4 1