*	ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:  

                   BOARD DATE:  17 August 2020

                   DOCKET NUMBER:  AR20190013393


APPLICANT REQUESTS:  award of the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	self-authored letter
*	letters of recommendation
*	Department of Veterans Affairs (VA) rated disabilities
*	Medical Documentation

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10,          
U.S. Code, section 1552 (b); however, the Army Board for Correction of Military 
Records 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, in his application and self-authored letter:

	a.  He meets all the criteria for a Purple Heart for Traumatic Brain Injury (TBI).  He 
was in a combat zone with enemy action.  He had medical treatment and it is entered 
into his records.  

     b.  He has submitted letters in support of his request from his Platoon members.  His 
ex-wife was notified by the Casualty Notification Officer for Louisiana.  He also included 
medical records, sick call slips, and VA records showing TBI.

     c.  He would like to receive the award based on the criteria of being in a Combat 
Zone, Enemy Action, Medical Attention, and all information being added to his medical 
and personnel records.  His award was approved all the way from company to Brigade 
Level.  He was in Iraq during 2004 and 2005.  



3.  The applicant's available service records contain the following documents for the 
Board's consideration:

	a.  A DD Form 214 (Certificate of Release or Discharge from Active Duty), which 
shows the applicant entered Active Duty on 15 May 2004 and was separated on 
10 November 2005.  He was on active duty in support of Operation Iraqi Freedom.             
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or 
Authorized) is void of the Purple Heart.  The reason for his release from active duty was 
completion of his required active service.

	b.  A NGB Form 22 (Report of Separation and Record of Service), which shows he 
was discharged from the Army National Guard on 1 February 2006.  Item 15 
(Decorations, Medals, badges, Commendations, Citations, and Campaign Ribbons 
Award this Period) is void of the Purple Heart.  His reason for discharge was expiration 
of term of service.

4.  The applicant's service record is void of medical documentation showing he was 
injured while in Iraq and documentation showing he was recommended for or awarded 
the Purple Heart.  

5.  The applicant provides the following documents for the Board's consideration:

	a.  An undated letter from a retired Staff Sergeant (Retired), which states:

		(1)  He would like to speak on behalf of the applicant and his award of the Purple 
Heart for injuries he received in Baghdad, Iraq.  They were conducting a patrol when 
they were hit with an Improvised Explosive Device (IED) that targeted the applicant's 
vehicle.  The applicant was serving as the gunner on the vehicle which means his torso 
was exposed from the waist up.

		(2)  When the IED detonated, the applicant absorbed the full force of the shock 
wave of the blasts which were only about 50 meters away on both sides of the road.  He 
was thrown to the floor of the vehicle.  As he regained his senses he checked on the 
driver and the rest of the dismounts then got up and returned fire.

		(3)  All the vehicles evacuated the injured to a Medical Aid Station.  The applicant 
stayed outside to clear weapons for the other gunners and to make sure everyone was 
accounted for.  When he got into the medical clinic, he was ordered to see medical 
personnel for a possible concussion and an injury to his right leg due to him limping.

		(4)  After treatment, he was confined to quarters for observation which was 
protocol for those with concussions or perceived concussions at the time.  The author of 
the letter was the applicant's roommate and remembers him complaining of headaches 
and ringing in his ear throughout the next few days.  

		(5)  The applicant should be awarded the Purple Heart based on the concussion 
if nothing else.  He was in combat the enemy caused the injury, he was seen by medical 
staff, it is part of his record, and he was approved it from the Platoon, Company, 
Battalion, and Brigade level.

		(6)  The author hopes the oversight is corrected and that the applicant is 
awarded the medal that he deserves and out nation should be proud to bestow upon 
him.  On a side note, the author of the letter was awarded a Purple Heart for a 
concussion he received just a few months after the applicant's incident.

	b.  An undated letter from a Sergeant First Class (retired), which states:

		(1)  He was writing the letter to support the applicant and his claim to be awarded 
the Purple Heart for injuries received during Operation Iraqi Freedom in 2005.

		(2)  While the applicant was conducting a Mounted Patrol in Iraq, they were hit 
with a large IED.  The applicant was serving as the gunner on the vehicle that took the 
brunt of the blast.  

		(3)  The applicant was knocked to the floor of the vehicle, but got back up and 
began firing his weapon to prevent direct fire from the insurgents responsible.  All 
vehicles were able to self-evacuate and were taken to the Troop Medical Clinic.

		(4)  The applicant assisted with parking vehicles and clearing weapons while 
others were taken into the cline for treatment.  The applicant was seen with a 
pronounced limp and was ordered to see the medical staff.

		(5)  Upon entering the treatment area, he was treated for a sprained ankle and a 
concussion.  He and a few others were evacuated again in their rooms for signs and 
symptoms of concussion, but were able to return to duty after the required time 
prescribed by medical staff.  

		(6)  The applicant met all criteria for the award of the Purple Heart, combat, 
enemy action, injury, treatment, and put in by his commander.  The applicant's award 
was denied at the division level even through it had been approved by his chain of 
command all the way through their brigade commander. 

		(7)  The author is hoping his letter helps right the slight and that the applicant is 
awarded his Purple Heart which he earned and should be able to display to his children 
and grandchildren.

	c.  An undated letter from the applicant's ex-wife:

		(1)  She was married to the applicant when he deployed to Iraq in 2004 and 
2005.  Being married, she was listed as the applicant's next of kin and was his 
emergency contact.

		(2)  In the latter part of June 2005, she was called by a Casualty Notification 
Officer with the Louisiana Army National Guard and told the applicant was wounded in 
combat, but not seriously.  The Casualty Officer comforted her and told her she should 
expect the applicant to contact her and she should be proud of him.  She was also told 
the applicant would be awarded the Purple Heart for his injuries.  She did not remember 
the officer's name, but he was a CPT and called her at work on her cell phone and at 
her parent's home which is where she was when she got the official notice.

		(3)  The applicant called her the same day and told her there was an IED 
explosion near his vehicle and he hurt his ankle and had a massive headache.  When 
the applicant returned home, he mentioned he was not given a Purple Heart, which it 
was denied by the Commanding General, of the 3d Infantry Division for some reason.  
After a little research, the author found the criteria set forth by the Department of 
Defense was met and encouraged the applicant to reapply for it.

		(4)  The author is hoping the applicant is awarded the honor of receiving the 
Purple Heart and that the Army makes good on the honor that he earned and deserves.  
It was his assumption that having gone all the way through the Casualty Notification 
Process and her getting a phone call from someone in an official capacity that all the 
appropriate boxes had been checked, but hopefully now it will be done.  

	d.  A document entitled Rated Disabilities, which show:

*	he received 10 percent disability for tinnitus
*	he received 10 percent disability for recurrent sprain with instability of the 
lateral collateral ligaments, right ankle
*	he received 20 percent for shoulder impingement syndrome with scapula 
fracture
*	he received 10 percent for degenerative arthritis of the spine
*	he received 50 percent for post-traumatic stress disorder
*	he received 30 percent for post-traumatic headache, migraine an muscle 
tension headache as residuals of TBI

	e.  A statement of medical examination and duty status for an incident on 29 June 
2005, which shows:

*	the applicant was seen as an out patient
*	the details of the accident were an IED explosion in Iraq
*	his vehicle was struck by an IED 
*	the applicant was treated for a concussion and sprained ankle

	f.  A DD Form 689 (Individual Sick Slip), dated 29 June 2005 which shows he was in 
an IED blast and was placed on quarters for 24 hours.  

	g.  Six DA Forms 2823 (Sworn Statement), dated 29 June 2005, made by the 
Soldiers who were involved in the IED blasts, which reiterate the IED explosion and the 
injuries to the applicant and others involved in the explosions.  

	h.  Medical records which show the applicant was involved in an IED Explosion, he 
was treated for mild right ankle pain and traumatic head injury.  He was also seen for 
left shoulder pain.

	i.  Medical Documents from the VA, which shows the applicant was diagnosed with 
TBI and continued to have chronic headaches without any additional deficits.  He had 
migraine headaches and a mental disorder including emotional, behavioral and 
cognitive.  

6.  See applicable references below.  

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient 
evidence to grant relief.  The Board found the applicant’s medical records and 
independent corroborating evidence indicate he suffered a TBI due to an IED blast on 
29 June 2005 in Iraq, which required medical treatment.  The Board found the record, 
when viewed in its totality, is sufficient to reasonably conclude the applicant was 
wounded as a result of hostile action and received medical treatment for those wounds 
on 29 June 2005.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:XX	:XX	:XX	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:

1.  awarding him the Purple Heart Medal, for a wound received on 29 June 2005 from 
an IED blast in Iraq, and 

2.  adding the Purple Heart Medal to item 13 (Decorations, Medals, Badges, 
Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD 
Form 214 with effective date 10 November 2005.


	       	 
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) states 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 that the wound was the result of 
hostile action, the wound must have required medical treatment from medical 
personnel, and the medical treatment must have been made a matter of official record.  
2.  Military Personnel (MILPER) Message Number 11-125 and Army Directive 2011-07 
(Awarding the Purple Heart) provides clarifying guidance on award of the Purple Heart 
for concussions.  When recommending and considering award of the Purple Heart the 
chain of command will ensure substantiating evidence is provided to verify that the 
wound was the result of hostile action, the wound must have required medical 
treatment from medical personnel, and the medical treatment must have been made a 
matter of official record. The following non-exclusive list provides examples of signs and 
symptoms or medical conditions documented by a medical officer or medical 
professional that meets the standard for award of the Purple Heart: Diagnosis of 
concussion or mild traumatic brain injury, any period of loss or a decrease of 
consciousness, any loss of memory for events immediately before or after the injury, 
Neurological deficits (weakness, loss of balance, change in vision, praxis, headaches, 
nausea, difficulty with understanding or expressing words sensitivity to light) that may or 
may not be transient. The following non-exclusive list provide examples of medical 
treatment for concussions that meet the standard of treatment necessary for award of 
the Purple Heart: Limitation of duty following the incident (limited Duty, Quarters), pain 
medication such as acetaminophen, aspirin, ibuprofen to treat injury such as 
headaches, referral to neurologist or neuropsychologist to treat the injury. 

ABCMR Record of Proceedings (cont)	 AR20190013393
	
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