ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2019 DOCKET NUMBER: AR20190004774 APPLICANT REQUESTS: the Purple Heart for injuries he incurred on 17 July 2007 while serving in support of Operation Iraqi Freedom. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * applicant’s personal statement, undated * Permanent Orders 200-603, dated 11 December 2006 with deployment roster * Enlisted Record Brief, dated 24 April 2008 * Memorandum from Major (MAJ) RAB, Retired, dated 29 October 2017 * Memorandum from Colonel (COL) RLK, Retired, dated 17 November 2017 * Letter from his Member of Congress to U.S. Army Human Resources Command, dated 25 February 2019 * Memorandum from MAJ RMF, dated 5 March 2019 FACTS: 1. In his personal statement the applicant states shortly after he was injured his platoon sergeant was killed and the paperwork on his platoon sergeant’s laptop was lost. He was medically evacuated to the continental United States for treatment. At Fort Riley, Kansas he was transferred to the Warrior Transition Battalion and lost contact with his wartime unit. In 2008 or 2009 his request for the Purple Heart went through his leadership at the Warrior Transition Battalion before he was medically retired. He was disheartened when it was denied. When he was patient at a medical treatment facility for Veterans with traumatic brain injury (TBI) and post- traumatic stress disorder (PTSD), he submitted a second request for the Purple Heart. It too was denied. In 2017 he sought the help of his former battalion commander and the physician assistant who treated him when he resubmitted his request for the Purple Heart. This request was also denied. 2. The applicant’s Member of Congress wrote a personal letter to the leadership at the U.S. Army Human Resources Command (AHRC) on 25 February 2019. He states the applicant was injured during his third deployment to Iraq on 27 July 2007. The applicant and members of his platoon were traveling by convoy when they were struck by a roadside bomb. His platoon sergeant initiated casualty evacuation procedures while members of the convoy were receiving small arms fire from an adjacent roof. There were other enemy combatants in the area who also engaged with members of the applicant’s platoon. While performing his military duties, the applicant injured his left hand and thigh from ricocheting bullets and associated battlefield debris. When the area was declared safe, the applicant assessed his own wounds and he sought medical treatment. He had fractured his thumb. He eventually returned to the continental United States for medical and occupational treatments. He provides sworn statements attesting to his injury during the roadside explosion. His constituent bravely served the Nation leading from the front lines in Iraq. He requests that due consideration be given to him and his request for the Purple Heart. 3. The applicant enlisted in the Regular Army on 18 April 2002. He attended training and was awarded military occupational specialty 11B (Infantryman). 4. A review of his personnel record shows he served three foreign service tours in Iraq, a designated imminent danger pay area, as follows: * from 5 March 2003 to 4 March 2005 * from 2 February 2005 to 7 January 2006 * from 7 February 2007 to 8 November 2007 5. During his third deployment he was assigned to 2nd Battalion, 16th Infantry Regiment as recorded in Permanent Orders 200-603, dated 13 December 2006, issued by Headquarters, 1st Infantry Division and Fort Riley. These orders directed his unit to deploy on temporary change of station orders. 6. He was honorably retired on 5 March 2009 and transferred to the temporary disability retired list effective 6 March 2009 due to temporary disability. A review of the awards he received shows he was awarded the Combat Infantryman Badge. As of the date of his separation, he had not received the Purple Heart. 7. Filed within the AHRC, Decorations and Awards Branch are his records pertaining to his request for the Purple Heart. The evidence consists of the following: a. A Standard Form 600 (Chronological Record of Medical Care) shows he was treated on 25 July 2007 by a Captain RAB, a physician assistant, who stated the applicant had thumb pain for 8 days following a firefight when debris hit his arm and impacted on his left thumb. He was checked by medics in the field who gave him Motrin and told him to rest, ice, compression and elevate (RICE) his injured hand. He described the pain as a constant dull pain until he moves his hand. He prescribed the applicant 800 milligrams of Motrin and directed his staff to splint the applicant’s hand and thumb. b. A Purple Heart narrative stated he was assigned to an infantry unit of the 4th Infantry Combat Brigade deployed to Baghdad, Iraq from February 2007 to April 2008. The battalion operated from Forward Operating Base Rustamiyah. On 17 July 2007 the applicant’s platoon conducted a patrol in Khamilaya, Iraq. At approximately 0015 hours the second vehicle of a seven vehicle convoy was hit by a roadside bomb. After initial battle checks were conducted, causality evacuation procedures were initiated for the seriously wounded Soldiers while all were subjected to enemy small arms fire. The applicant was in the fourth vehicle and ordered his gunner to engage fire providing suppressive fire to the rooftops on the platoon’s flank. The platoon leader called for the first squad to dismount their vehicles and clear a three story building adjacent to the explosion location where two enemy combatants were found. There were additional enemy personnel observed on adjacent rooftops engaging with friendly forces who were medically evacuating United States wounded Soldiers. In time, the platoon suppressed the enemy fire and those that were wounded were evacuated. c. On 19 June 2008 the applicant prepared a sworn statement attesting to the fact that he was patrolling with first platoon of Company B near Khamaliyah, Iraq. He was the team chief for the fourth vehicle in the order of march for the convoy. There was an explosion striking the second vehicle in the convoy. After the explosion the convoy began to take enemy small arms fire from numerous rooftops. He ordered his vehicle gunner to engage the enemy forces with his machine gun. Once they had suppressed the enemy combatants, casualty evacuation procedures were initiated for the wounded as well as vehicle recovery operations. During this process the enemy started to fire upon the platoon's position. He ordered one of his teams to provide suppressive fire while the second team under his direct supervision sought out the enemy combatants that tried to flee. During their search they could not find them so they returned to the scene and again took enemy small arms fire. In the process of kneeling and exchanging ammunition magazines from his cargo pants, a bullet ricocheted or debris from a bullet hit his left hand and thigh. Another Soldier near him also incurred wounds from the debris from bullets. After the area was cleared and the enemy stopped firing, his platoon medic examined his hand. He and the medic agreed his wound was not serious and did not require immediate medical evacuation for further medical review in the rear. He received two cuts about 2 inches long on his thigh. He remained on duty and sought medical treatment when the platoon came off rotation some 8 days later. When he returned to Forward Operating Base Rustahmiyah he went to see the battalion physician assistant who informed him he had fractured his thumb, but no brace was required because it had naturally started to heal. He received Motrin and topical steroid treatments to treat the pain. d. First Lieutenant (1LT) from Company B, 2nd Battalion, 16th Infantry Regiment prepared a DA Form 2823 (Sworn Statement) attesting to the fact the first platoon of Company B was patrolling in the vicinity of Khamaliyah, Iraq on 17 July 2007. The platoon was on the route back to Command Post Bushmaster when the second vehicle in the convoy was struck on the right side by an explosive device destroying the engine and rendering it nonfunctional. The team chief was injured. The patrol started taking small arms fire from numerous rooftops. Once the initial firing was over, the casualty evacuation vehicle quickly arrived on the opposite side of the damaged vehicle to remove and treat the wounded Soldiers all while under enemy small arms fire. The applicant engaged enemy combatants in a building as they were trying to flee the scene. In the engagement with enemy forces, bullets were ricocheting off the building causing debris to hit him on the left hand on the thumb and his left thigh. Shortly thereafter the quick reaction force arrived to assist the platoon and cleared more civilian buildings with mortar rounds. Once the all clear sign was given, the damaged vehicle was hooked up to another vehicle. The platoon medic provided medical care to the wounded Soldiers. On 25 July 2007, the applicant sought medical treatment from CPT . He found out his thumb was cracked and had started to heal by itself. He had minor wounds on his thigh. This sworn statement was dated 26 July 2007. However, it was prepared on 9 May 2008 at Fort Riley, Kansas. e. The physician assistant, who is now retired, prepared a second statement on 29 October 2017 declaring it was an addendum to the applicant’s SF 600 dated 25 July 2007. He states that upon his review of the medical record in question he found there were missing details. He states the applicant was initially screened and evaluated on the roadside by an experienced medic who appropriately managed and medically treated the applicant. While treating casualties after the explosion, the platoon medic was communicating with both the battle surgeon and himself via radio and voice over the internet. The initial treatment of the applicant was conducted in the street directly at point of impact of the explosive device. At the time there was no medical requirement to relocate the applicant to rear operations based on the classification that his injury was not urgent. He completed the mission and upon return to the forward operating base he sought medical attention. There was a significant risk of life, limb and eyesight during ground medical evacuations, therefore, by having the applicant remain with his unit in the field it reduced the potential for further damage to life and limb. The author asserts the applicant sought medical care at the earliest and safest time he could after his initial injury. He concludes by saying he concurs with the medic’s treatment plan for the applicant at time of wounding. The applicant also provided a copy of this memorandum with his evidence. f. On 17 November 2017 COL, who is a retired Infantry officer, wrote a statement in support of the applicant’s request for the Purple Heart. The applicant submitted the statement and it was also in his AHRC award file. COL writes to endorse the applicant’s request for the Purple Heart. At the time of the applicant’s wounding he was serving as the 2nd Battalion, 16th Infantry Regiment Battalion Commander. He states the battalion physician assistant, CPT , administratively tracked the battalion’s combat injuries in great detail. He was personally apprised of all injured Soldiers under his command and control by CPT. The applicant was an excellent squad leader who led from the front and could be counted on for mission success. He was a key leader and a seasoned combat Veteran within the command. He knows the applicant was injured on 17 July 2007 as a number of Soldiers were wounded in action or killed in action that day. Decisions were made that day to save life and limb, as well as destroy the enemy without further injury to United States Armed Forces. The applicant was injured but stayed in the fight to lead his Soldiers in an unstable battlefield situation. Later he sought medical treatment at the company medical station at Combat Outpost Bushmaster. He reviewed the evidence submitted by other members of the applicant’s unit and he can attest to the fact the men have great integrity. He does not doubt the accuracy of their statements. He strongly supports awarding the applicant the Purple Heart. g. On 24 November 2017, prepared a sworn statement attesting to the events of 17 July 2007 wherein the applicant’s platoon was returning from a mission in Khamaliyah, Iraq when an explosive device detonated disabling the second vehicle in a convoy. The author states he was the M-249 machine gunner in the vehicle the applicant was traveling in as the squad leader. After the detonation the convoy began to take enemy small arms fire wherein the applicant ordered the gunner to engage and suppress the enemy forces. The author also returned fire with his weapon through the window of his vehicle. Concurrently, casualty evacuation and vehicle recovery operations were initiated. The applicant ordered his team members to dismount and to clear buildings of enemy personnel. On the rooftop of one building they observed enemy combatants on another roof and, in turn, received small arms fire. One combatant was hit while he was fleeing. The author states he was hit by debris striking his body during the firefight but his body armor took the brunt of the hits from debris. The applicant repositioned the author so he could get better cover. After the enemy was suppressed, the applicant took off his gloves to reveal a swollen thumb with broken skin. He, too, was hit by debris during the firefight. For several weeks after the incident he noticed the applicant had difficulty with his hand doing actions like putting on and taking off his protective gloves. He later heard the applicant had fractured his thumb, which was confirmed by an x-ray. 8. On 13 March 2018 the Chief, Soldier Programs and Services Division at AHRC informed the applicant by letter that his request for the Purple Heart was disapproved. The author stated, in effect, that after a thorough review 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 2-8e. Further, the medical documentation provided does not meet diagnosis of and treatment for a qualifying injury. 9. On 3 May 2019, Army Regulation 600-8-22 (Military Awards) updated the definition of wounded in action to include fractures. It defines wounded in action as: Battle casualties, other than the individual killed in action, who incurred a wound in action against the enemy or as a result of enemy action that required treatment by a physician. The term encompasses all kinds of wounds and other injuries caused by an outside force or agent, whether there is a piercing of the body, as in a penetrating or proliferating wound, or none, as in a contused wound; all fractures, burns, blast concussions, traumatic brain injury, all effects of gasses and like chemical and biological warfare agents; and the effect of exposure to radioactive substances. 10. The previous edition of Army Regulation 600-8-22, effective 11 December 2006, provided in paragraph 2-8e that a wound was defined as an injury to part of the body from an outside force or agent sustained under qualifying conditions. A physical lesion was not required, however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board concluded the applicant is entitled to the Purple Heart. The Board agreed that a preponderance of the evidence confirms the applicant was wounded as a result of hostile action on 17 July 2007, that the wound required treatment by a medical provider, and that the wound was made a matter of official record. 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 him the Purple Heart for wounds incurred as a result of hostile action on 17 July 2007 and by adding this award to his DD Form 214 for the period ending 5 March 2009. 12/20/2019 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. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), in effect from 11 December 2006 to the most recent update in May 2019, stated the Purple Heart is awarded to any member who, while serving under competent authority in any capacity with one of the Army Services, has been wounded or killed or who has died or may hereafter die after being wounded: a. In any action against an enemy of the United States; some examples which justify eligibility for the Purple Heart are * Injury caused enemy bullet, shrapnel or other projectile created by enemy action devise * Inju ry cau sed by ene my em plac ed trap , min e, or imp rovi sed expl osiv e * Inju ry cau sed by che mic al, biol ogic al, or nucl ear age nt rele ase d by the enemy * Injury caused by vehicle or aircraft accident resulting from enemy fire b. In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; c. While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; d. As a result of an act of any such enemy of opposing armed forces; e. As a result of an act of any hostile foreign force; f. After 23 March 1973, as a result of an international terrorist attack against the United States or a foreign nation friendly to the United States, recognized as such an attack by the Secretary of the Army, or jointly by the Secretaries of the separate armed services concerned if persons from more than one service are wounded in the attack; g. After 28 March 1973, as a result of military operations while serving outside the territory of the United States as part of a peacekeeping force; or h. Members killed or wounded by friendly fire. 2. Substantiating evidence must be provided to verify that 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 when contemplating eligibility for the Purple Heart, the two critical factors commanders must consider is the degree to which the enemy or hostile forces caused the wound, and was the wound so severe that it required treatment by a medical officer. 3. Some examples of injuries which do not justify eligibility for the Purple Heart include accidents, airborne operation injuries not caused by enemy action, bruises or contusions unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer, and soft tissue injuries (for example, ligament, tendon, or muscle strains, sprains, and so forth). 4. The authority to approve or disapprove recommendations for the Purple Heart for Servicemembers who did not receive the Purple Heart while serving in a unit with wartime awards approval authority is the Chief, Awards and Decorations Branch at AHRC. When contemplating submitting an award recommendation one should include a one-page narrative describing the qualifying incident and conditions under which the member was injured or wounded. The applicant is encouraged to obtain statements from at least two individuals, other than the proposed recipient, who were personally present, observed the incident, and have direct knowledge of the event. Alternatively, other official documentation may be used to corroborate the narrative such as unit situational reports, staff duty logs, or unit after action reports. 5. Army Regulation 600-8-22 currently in effect states in paragraph 2-8l (Purple Heart) that each approved award of the Purple Heart must exhibit all the following factors: a. Wound, injury, or death must have been the result of enemy or hostile action, international terrorist action or friendly fires (as prescribed by this regulation); b. The wound or injury must have required treatment by medical officials, and c. The records of medical treatment must have been made a matter of official record. NOTHING FOLLOWS