ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   
                   BOARD DATE:  18 August 2020

                   DOCKET NUMBER:  AR20190014887


APPLICANT REQUESTS: award of the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Medical Records
*	Narrative to accompany award of Purple Heart
*	Casualty Feeder Card
*	Blue-3 Spot Report
*	Narrative to accompany award of Combat Action Badge (CAB)

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, he is requesting a Purple Heart.  He suffered an Improvised 
Explosive Device (IED) blast in 2006/2007 when he was deployed in Iraq.  He is a 
veteran who suffers from Traumatic Brain Injury.  

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

	a.  A memorandum from the 705th Military Police Battalion (I/R), dated 
19 September 2007, which states the applicant was in Iraq from 2 December 2006 to 
5 October 2007, and he was entitled to the award of several medals and to wear the 
Shoulder Sleeve Insignia - Former Wartime Service.   

	b.  A DD Form 214 (Certificate of Release or Discharge from Active Duty), which 
shows:

*	in 12a the applicant entered active duty on 2 August 2006
*	in 12b he was released from active duty on 10 November 2007
*	item 13 decorations, medals etc. is void of the Purple Heart
*	item 18 shows he was in Iraq from 14 November 2006 through 
9 October 2007
*	in item 28 the narrative reason for his release was completion of required 
active service
	
	c.  An NGB Form 22 (Report of Separation and Record of Service) which shows:

*	he was discharged from the Army National Guard on 23 January 2010
*	Item 15 (Decorations, Medal, Badges, Commendation, Citations, and 
Campaign Ribbons Awarded) is void of an entry for the Purple Heart
*	he was discharged for expiration of his service obligation

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.  Medical records, which show:

		(1)  On 17 January 2007, the applicant was seen in the emergency room 
because he had been riding in a vehicle involved in an IED attached.  He walked into 
the Emergency Room (ER) where his main complaint was chest tightness and dull 
headache, aching all over.  He did not have a specific acute injury. If his symptoms 
became worse, he was to return to the ER.

		(2)  On 9 May 2007, the applicant was seen for a follow-up for a jaw injury.  The 
injury had been getting worse and was causing pain when he was eating.  He had pain 
shooting into his jaw and up near the ear.  He could hear, but the sound was muffled.  
The injury stemmed from when he encountered an IED blast and hit his head on the 
side of the door.       

	b.  A document entitled Narrative to Accompany the Award of the Purple Heart 
Medal to the applicant, which states:

		(1)  On 17 January 2007, while performing duties as convoy commander 
conducting a presence patrol the applicant was injured during an IED attack.

		(2)  As his vehicle was driving, an IED was denoted directly between his vehicle 
and the vehicle in front of him.  The applicant notified the remainder of the convoy of the 
IED strike.  The applicant's concern were his Soldiers even though he felt lightheaded 
with pain in his ears and was suffering from a headache due to the blast.

		(3)  He was treated by a medic on the convoy and was visibly shaken.  He was 
admitted to the ER and treated for injuries caused by overpressure.  

	c.  A DA Form 1156 (Casualty Feeder Card), which shows the casualty type of 
hostile, the applicant's name was listed as a the casualty.

	d.  A document entitled Spot Report, which lists the details of the IED incident.  It 
does not specifically name the applicant as a participant.  

	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 document entitled Narrative to Accompany the Award of the Combat Action 
Badge to see attached roster, which was not attached to the document.  The document 
states there was a patrol that encountered an IED attack.  

6.  See applicable references below.  

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence 
in the service record and applicable policies and guidance and found that relief was 
warranted.  The Board found that the entirety of the record, including patient notes 
regarding his jaw and head injury from the IED blast, the casualty feeder card on the 
day of the IED blast, CAB narrative describing the IED blast on 17 January 2007, and 
the applicant’s statement to be compelling.  The Board found sufficient evidence that 
the applicant met the regulatory requirements for a Purple Heart and is authorized the 
medal.
?

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 PH for wounds received in combat in Iraq on 17 January 2007
*	adding the PH to his DD Form 214 dated 10 November 2007.



		 
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, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 years after discovery of the alleged error or 
injustice.  This provision of law also allows the Army Board for Correction of Military 
Records (ABCMR) to excuse an applicant's failure to timely file within the 3-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) 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.  
3.  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)	 AR20190014887
	
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