ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 20 July 2020 DOCKET NUMBER: AR20190014483 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), dated 10 September 2019 * Self-authored DA Form 2823, dated 12 June 2019 * Headquarters, United States Army Infantry Center, Orders 84-4, dated 24 March 2008 * Personnel Temp Individual Event History Listing, undated * DA Form 638 (Recommendation for Award), dated 31 March 2009 * Personal Health Information, dated 27 March 2019 * eight DA Forms 2823 (Sworn Statement) * U.S. Army Cyber Protection Brigade, 2nd Cyber Protection Battalion (Provisional) memorandum, dated 11 June 2019, subject: HIPPA (Health Insurance Portability and Accountability Act of 1966) Release * DA Form 4187 (Personnel Action), dated 21 June 2019 * U.S. Army Human Resources Command memorandum, dated 11 July 2019, subject: Award of the Purple Heart for (Applicant) * U.S Army Cyber Protection Brigade, 2nd Cyber Protection Battalion (Provisional) memorandum, dated 10 September 2019, subject: Purple Heart Award Appeal for (Applicant) * Enlisted Record Brief, dated 21 June 2012 * Officer Record Brief, dated 15 May 2019 * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. 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: a. He was assigned to the 3rd Platoon, A Company, 1st Battalion, 68th Armor Regiment, 3rd Brigade Combat Team, and 4th Infantry Division, during Operation Iraqi Freedom (OIF). b. On 8 July 2008, his platoon was instructed to conduct a refit mission to gather class I material for Joint Services Support instead of their routine improvised rocket assisted mortar patrols. c. After completing the refit mission and returning with his platoon, they were immediately attacked by the enemy with improvised rocket assisted mortar (IRAM). d. He was instructed by the Team Leader to dismount the Bradley and seek shelter under the bunker. Enroute to the bunker an IRAM landed in front of him and knocked him to the ground. e. He immediately got up and ran back to the Bradley with a member of his platoon; they departed the area to engage the IRAM truck that was behind the t-wall outlining the Joint Services Support area. After engaging the truck with the 25 millimeter Bradley gun, they returned to the Joint Services Support area to gain accountability. f. He informed his Team Leader that he was injured and needed to see the platoon medic, Private First Class (PFC) J____ R. P____, who treated him for small burns on both of his arms; there were no serious injuries noticeably sustained, and he did not feel the need to conduct any further treatment. PFC J____ R. P____ gave him the clearance to return to duty and there was no casualty report submitted. g. After the attack, his Company Commander and Platoon Sergeant were relieved of their positions. h. On 2 September 2009, during an ultrasound, the technician noticed a metallic ball bearing in his right arm. The ball bearing was lodged between his bicep and triceps, the same spot where he was injured during the IRAM attack in 2008. i. In October 2018, the ball bearing began to interfere with his day to day activities; he was referred to Orthopedics in Eisenhower Hospital, and on 11 December 2018, the ball bearing was removed from his arm; his surgery required a 30-day recovery period. j. The Soldiers were not awarded for their actions during the IRAM attack and he believes this was due to the relief of his Company Commander and Platoon Sergeant; the awards should have been submitted immediately after the incident. 3. On 7 November 2007, the applicant enlisted in the Regular Army. 4. He completed training and he was awarded military occupational specialty (MOS) 11B20 (Infantryman). 5. Records show he was credited with service in Iraq from 22 May 2008 to 10 February 2009. 6. His records contain a DA Form 4980-14 (Army Commendation Medal Certificate), dated 5 October 2008, that shows he was awarded the Army Commendation Medal for exceptional meritorious service while serving as a rifleman in support of OIF for the period 5 June 2008 to 25 February 2009. 7. The applicant provided a copy of his DA Form 638, dated 31 March 2009, which shows, in part: a. he was recommended for award of the Army Commendation Medal for the period 5 June 2008 to 25 February 2009; b. he was deployed to the Central Command area of responsibility in support of OIF; c. he participated in 100 combat missions that included raids, mounted and dismounted patrols, time sensitive targets, quick reaction force, and security escorts; d. the missions were conducted in a hostile urban environment while under direct and indirect fire in the Ur, Sadr City, and Sha'ab Districts of Baghdad, Iraq. 8. The applicant served in Iraq from 21 April 2010 to 21 April 2011. 9. On 3 August 2012, he was honorably discharged to enter officer training. His DD Form 214 he completed 4 years, 8 months and 27 days of net service and in block 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), no award of the Purple Heart. 10. On 4 August 2012, he entered officer training. 11. On 22 April 2016, he was appointed as a Reserve commissioned officer in the rank of second lieutenant. 12. He provided copies of his personal health information which included: a. a radiology exam, dated 1 November 2018, which shows, in part: (1) he was examined for a shrapnel wound from the improvised explosive device blast on July 2008; (2) frontal and lateral views of the right humerus demonstrated no evidence of fracture, dislocation, or other significant osseous abnormality; there was a small round metallic density over the soft tissues of the proximal forearm that has the appearance of a ball bearing. (3) no significant osseous abnormality was detected; small metal radiopaque density which had the appearance of a ball bearing and likely represented the reported foreign body. b. laboratory results, dated 11 December 2018, which shows, in part: (1) a foreign body in his right arm from shrapnel; (2) the tissue was removed to reveal a copper colored round metallic fragment measuring 4.5 millimeters in diameter; the soft tissue was entirely submitted in one cassette with a metallic fragment saved; (3) final diagnosis submitted as foreign body right arm, excision; benign fibrous tissue with dark pigmented material; grossly identified fragment consistent with clinical history. c. an x-ray of his right forearm with a foreign object. 13. The applicant also provided: a. a DA Form 2823, dated 6 May 2019, from Captain M____ D. H____ wherein he stated: (1) nine IRAM's were fired into the installation causing destruction to various infrastructure elements, the support vehicles, and causing minor injuries to personnel; (2) 3rd Platoon, A Company, engaged the enemy which was a converted pickup truck with the launching system in the trailer; (3) they destroyed the vehicle and neutralized the enemy personnel attached to the vehicle. b. a DA Form 2823, dated 6 May 2019, from Specialist (Retired) J____ R. P____ wherein he stated: (1) The applicant was injured during an IRAM attack on Joint Services Support Ur in Baghdad, Iraq. (2) He was the 3rd Platoon Medic and provided the applicant immediate care to the burns sustained on both of his arms from the attack; (3) due to the nature of the attack and the missions that ensued, his wounds were quickly treated and at his request, he was immediately cleared to return to duty; no further care was thought to be needed at that time. c. a DA Form 2823, dated 9 May 2019, from A____ M. S____, who stated, in part, after the IRAM attack, the applicant was treated for burns on his right arm. d. a DA Form 2823, dated 14 May 2019, from D____ R. I____, who stated, in part, after the IRAM attack, the applicant was treated for burns on his right arm. e. a DA Form 4187 (Personnel Action), dated 21 June 2019, which shows his commanding officer recommended approval of a request for his for award of the Purple Heart for wounds/injuries received in action caused directly by the enemy on 8 July 2008 in Sadr City, Baghdad, Iraq. f. a memorandum from the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command, to the applicant's commander, dated 11 July 2019, subject: Award of the Purple Heart for (Applicant), which shows, in part, the request for the applicant's award of the Purple Heart for injuries received while deployed in support of OIF was disapproved and the documentation provided did not indicate a qualifying injury of such severity that it required treatment, not merely examination, by a medical officer nor was it made a matter of official record. The applicant was advised to submit a request for award of the Purple Heart to the ABCMR. g. a DA Form 2823, dated 15 July 2019, from Sergeant First Class M____ L. R____wherein he stated: (1) the attack consisted of roughly 10 IRAMs that caused massive destruction including damage to the aid station; (2) he served as the Senior Combat Medic for A Company and though there were no reports of major injuries during the attack, there were several who were treated at the damaged aid station; (3) the applicant was evaluated and treated by a junior medic; and there was a possibility that medical records for that deployment was lost or misplaced. h. a DA Form 2823, dated 31 January 2020, from Colonel (retired) J____ W. S____ wherein he stated he assumed command of A Company on 9 July 2008 and: (1) the Joint Services Support area was hit by nine separate rockets filled with up to 100 pounds of explosives and loaded onto a semi-truck covered with soda cans to conceal the rockets; (2) the explosions were massive, both of the company's large voltage generators were hit and burned for hours, two light medium tactical vehicle trucks and almost every living quarter on the Joint Services Support area was destroyed; (3) during the attack, three Soldiers to include the applicant and one civilian were wounded and all personnel were seen by medical personnel; (4) after the attack, the applicant exited the Joint Services Support area to engage the enemy; after destroying the enemy truck, he and other members of his platoon returned to the area; (5) the applicant was treated for minor abrasions and burns by the platoon medic, SPC J____ P____, and after treatment, he was cleared to return to duty; the injuries sustained were not known as being severe enough for further care; (6) as a result of the IRAM attack on Joint Services Support Ur and other events that occurred before his arriving to A Company, the Company Commander and Platoon Sergeant were relieved of their positions; (7) the applicant and his platoon moved shortly after the attack to Joint Services Support Sha'ab where they were attached to D Company; (9) due to the company's turnaround in leadership and medical personnel, the applicant ____ and other members of A Company were never submitted for awards for their actions. i. a DA Form 2823, dated 4 February 2020, from Major T____ A. S____ wherein he stated he was the Executive Officer for the company during their deployment to Iraq, from December 2007 to August 2008 and; (1) the Joint Services Support came under direct attack; each IRAM consisted of an Oxy Acetylene sized tank filled with explosive, ball bearings and other shrapnel causing materials launched by a 107 millimeters rocket engine to cause significant damage to the area and destroying multiple buildings to include living quarters and the company command post; (2) there was utter chaos during and after the attack on the Joint Services Support; (3) the applicant and his platoon immediately responded to the attack, engaging the IRAM vehicle and conducting a ground search for the enemy crew; (4) the applicant's actions were in keeping with the standards of receiving the Combat Infantryman Badge; (5) he was not aware of the applicant being wounded during the attack, but having received a wound from an enemy in combat that required treatment, he believes meets the requirements for the Purple Heart. j. a DA Form 2823, dated 25 January 2020, from Colonel (retired) M____ F. P____ wherein he stated he commanded the 1st Battalion during its deployment to Iraq from December 2007 to February 2009 and; (1) the tactical situation as laid out in the statements by former Soldiers are accurate; (2) at the time, he was not aware from personal knowledge or by reports of any Soldiers who suffered Purple Heart awardable wounds; however, he believed the statements of the applicant and other Soldiers that the applicant received a wound from an IRAM explosion that was treated by SPC S____, but never documented in the applicant's medical records. (3) the applicant received a wound from an enemy's weapon, in combat that required treatment, and meets the requirements for the award of the Purple Heart; (4) immediately following the IRAM attacks, he relieved the applicant's Company Commander and his Platoon Sergeant for their actions and inactions leading up to and following the IRAM attack; (5) he takes full responsibility for awards not being submitted to his higher headquarters at the appropriate time, and he recommends approval of the applicant's award of the Purple Heart. BOARD DISCUSSION: The Board agreed that, had the metallic foreign body been detected at the time, the applicant would have received treatment by a medical officer to remove the foreign body. By a preponderance of evidence, the Board determined the injury the applicant incurred as a result of hostile action on 8 July 2008 met the criteria for award of the Purple Heart. 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 the wound he incurred as a result of hostile action on 8 July 2008 and by adding the Purple Heart to his DD Form 214 for the period ending 3 August 2012. 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 Purple Heart is awarded in the name of the President of the United States to any member of an Armed Force of the United States under the jurisdiction of the Secretary of the Army, who, after 5 April 1917, has been wounded, killed, or who has died or may hereafter die of wounds received, under any of the following circumstances: (1) In any action against an enemy of the United States. (2) 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. (3) 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. (4) As the result of an act of any such enemy or opposing Armed Forces. (5) As the result of an act of any hostile foreign force. (6) After 7 December 1941, pursuant to Title 10, United States Code, section 1129, as a result of friendly fire provided the member was killed or wounded in action by friendly weapon fire while directly engaged in armed conflict, other than the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of the willful misconduct of the member. (7) On or after 7 December 1941, to a member who is killed or dies while in captivity as a Prisoner of War under circumstances establishing eligibility for the Prisoner of War Medal, unless compelling evidence is presented that shows the member’s death was not the result of enemy action. b. A physical lesion is not required. (1) Treatment of the wound will be documented in the member’s medical and/or health record. (2) Award may be made for a wound treated by a medical professional other than a medical officer provided a medical officer includes a statement in the member’s medical record that the severity of the wound was such that it would have required treatment by a medical officer if one had been available to provide treatment. (3) A medical professional is defined as a civilian physician or a physician extender. Physician extenders include nurse practitioners, physician assistants, and other medical professionals qualified to provide independent treatment (to include Special Forces medics). Medics (such as combat medics – military occupational specialty 68W) are not physician extenders. (4) A medical officer is defined as a physician with officer rank. The following are medical officers: (a) An officer of the medical corps of the Army. (b) An officer of the medical corps of the U.S. Navy. (c) An officer in the U.S. Air Force designated as a medical officer in accordance with Title 10, United States Code, section 101. c. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: (1) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. (2) Injury caused by enemy-placed trap or mine. (3) Injury caused by enemy-released chemical, biological, or nuclear agent. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. (5) Concussion injuries caused as a result of enemy-generated explosions. (6) Mild traumatic brain injury 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. d. Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: (1) Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951). (2) Trench foot or immersion foot. (3) Heat stroke. (4) Food poisoning not caused by enemy agents. (5) Chemical, biological, or nuclear agents not released by the enemy. (6) Battle fatigue. (7) Disease not directly caused by enemy agents. (8) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. (9) Self-inflicted wounds, except when in the heat of battle and not involving gross negligence. (10) Post traumatic stress disorders. (11) Airborne (for example, parachute/jump) injuries not caused by enemy action. (12) Hearing loss and tinnitus (for example: ringing in the ears). (13) Mild traumatic brain injury 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. (14) Abrasions and lacerations (unless of a severity to be incapacitating). (15) Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) (16) Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). (17) First degree burns. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014483 9 1