ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



	BOARD DATE:  24 October 2019

	DOCKET NUMBER:  AR20190005482


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)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	3 letters of support
*	Army Times article
*	Letter to Congressman
*	Letter from Army Review Board Agency 
*	Letter from U.S. Army Human Resources Command

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he was injured on 25 March 2003.  His M1A main battle tank 
was blown up due to enemy fire.  He was treated by medics and hospitalized.  
Colonel B requested the PH be awarded to him.  The record is in error and he was 
never awarded the PH although he met the criteria.  Due to the environment, he was 
unable to keep up with his medical feeder card; however, that should not prevent 
award of the PH.  His tank commander, who was in the tank at the time of the 
incident was awarded the PH.  He feels with the supporting documents and buddy 
statements he should be awarded the PH.
 
3.  The applicant enlisted in the Regular Army on 31 July 2001.

4.  He served in Iraq/Kuwait from 21 January 2003 to 26 August 2003.

5.  The applicant's medical records are not available for review.

6.  The applicant was honorably released from active duty on 30 July 2004.  His      
DD Form 214 does not list the PH as an authorized award and his record is void of 
orders awarding him the PH.

7.  A letter from Colonel B. addressed to Congressman Etheridge, dated                     
20 September 2004, states, in part, on the night of 25 March 2003, the applicant 
suffered combat related injuries, meriting award of the PH.  His command supports 
the award and is making every effort to ensure he receives the proper awards and 
recognition for his action in Iraq.  As a result of the operational tempo in Iraq and the 
reorganization of the 3rd Infantry Division, the processing of his nomination has 
been delayed.  This situation is both unfortunate and regrettable.  On                         
1 September 2004, his nomination was sent to AHRC for final approval.  The 3rd 
Infantry Division appreciates the contribution and sacrifices the applicant made in 
the Global War on Terrorism. 

8.  The applicant provides three witness statements to corroborate his contention a 
tank he was in was struck by enemy fire.  All of the applicant's witness statements 
are available for the Board's review.  The statement from T.R.T., dated 23 August 
2015, states in part:

     a.  At time in question, his duties were that of Senior Line Medic.  It was his 
responsibility to provide medical treatment to any Soldier in the Troop who became 
sick or injured during their deployment to Kuwait and Iraq.
 
     b.  On the afternoon of 25 March 2003, the tank the applicant was a crew 
member of was struck by direct enemy fire that led to the tank being engulfed in 
flames.  After the applicant was evacuated from his vehicle and the unit was able to 
move to a location that was not under direct enemy fire, the applicant and the other 
members of his crew were transferred to his vehicle and placed under his care.  At 
that time he began to treat all crew members from this tank for severe hypoxia, and 
potential blast injuries from the vehicle being struck by RPG's and the ammunition 
cooking off. The applicant's injuries were even more severe than the other crew 
members due to the amount of time taken to be able to evacuate him from the 
vehicle. 

     c.  Once the crew members were inside his vehicle, he began to assess the 
extent of their injuries.  As previously stated, the applicant's injuries were more 
significant than the other crew members.  All crew members were examined and 
placed on oxygen to assist in bringing up their oxygen levels; however, the applicant 
wasn't responding as well to the oxygen being provided for him.  He was able
to ascertain from him in addition to the toxic smoke he had been breathing in due to 
the ammunition and petroleum products being on fire, the Halon bottle used to 
extinguish interior vehicle fires had also been discharged into the driver's 
compartment where he was located. Halon used in firefighting creates an 
atmosphere depleted of oxygen in order to break the chain off combustion. The 
removal of what little oxygen was left in the driver's compartment compounded the 
respiratory difficulty the applicant was already experiencing.

     d.  After transporting the members of the crew back to the squadron aid station, 
he was able to reassess the applicant.  At this time he was able to assess his lung 
sounds which included severe wheezing which led him to believe there was major 
constriction of the applicant's airway due to inhaling the Halon and toxic fumes from 
the fire.  At that time he also noticed significant cyanosis on the applicant's lips which 
indicated a severe lack of oxygen in his bloodstream.  He continued to provide high 
levels of oxygen therapy to the applicant until he completely exhausted his supply of
Oxygen.  At that time, he passed treatment of the applicant to squadron aid station 
medics and Physician Assistant.  It was only later he found out the applicant and the 
other members of his crew were evacuated to the rear for more significant medical 
treatment.

     e.  He served as an Army medic for just under 10 years, and has been a 
Firefighter/EMT-B for almost 10 years.  In over 19 years of emergency medicine, he 
has only seen a few cases of respiratory distress more significant than what the 
applicant was treated for and those were victims pulled out of burning buildings or 
had some form of Chronic Obstructive Pulmonary Disease.  It is his professional 
opinion the injuries and treatment the applicant received qualify him to receive the 
PH and frankly don't understand why it has taken this long for him to be awarded 
when other members of his crew have been awarded.  He hopes the information he 
provided will suffice for the medical documentation required, which was surely lost 
during combat operations, and will help to clear up any questions or inconsistencies 
anyone has.  

9.  A statement from A. O. states in part:

a.	On March 25, the applicant’s tank had been hit by enemy fire.  All the  
exposed equipment and ammunition on the tank had caught fire.  Before the crew 
could close the hatches on the tank some of the equipment had fallen into the tank 
on fire.  During that time the tank’s fire extinguisher system went off because there 
was a fire inside the tank.  Because of enemy fire the crew could not evacuate the 
tank safely.  Once enemy contact was eliminated and most of the crew evacuated 
the tank, it was discovered that the applicant had remained in the tank because 
debris had gotten stuck into the driver’s hatch of the tank and he was not able to 
dismount the vehicle.   It took several people and several minutes to dislodge the 
debris from the driver’s hatch to evacuate the applicant.

b.	Once all the crew members were removed from the burning tank, it was 
determined that the entire crew were to be evacuated back to Kuwait for further
medical care for burns and inhalation hazards.  Several weeks later, the crew 
returned back to the Troop in Baghdad.  Each Soldier’s role was limited because of
the inhalation hazards they had received as a result of their tank being hit and set on 
fire.
10.  A statement from C. K., who was a crewmember in the applicant’s tank at the 
time of the incident, provides a detailed account of the event from his perspective 
and attests to the applicant having been trapped in the burning tank.

11.  The applicant provides an article from the Army Times which corroborates the 
applicant and witnesses account of the events which occurred on 25 March 2003.

12.  A letter from the Army Review Board Agency, dated 19 October 2018, indicates 
the applicant has previously applied to AHRC for relief.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  The PH 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. 


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 the enemy on 
25 March 2003.

?
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 the enemy on 
25 March 2003, 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:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  

           a.  The PH 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. 

     b.  Paragraph 2-8e specifically 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 in the regulation.  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.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20190005482
	
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