IN THE CASE OF: BOARD DATE: 6 July 2020 DOCKET NUMBER: AR20200000304 APPLICANT REQUESTS: to be awarded the Purple Heart for injuries sustained while in combat. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self Authored letter * Order# L113-061 dated 23 April 2009 * Order# 243-600 dated 31 August 2009 * Medical documentation dated 12 October 2009 * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 31 August 2012 * United States Army Human Resources Command (HRC) Awards and Decorations Branch – Disposition of Medical Records document * Excerpt from Army Regulation 600-8-22 * Department of Veterans Affairs Rating Decision * HRC Awards and Decorations Branch document * Self-authored letter dated 20 October 2018 * HRC letter dated 25 October 2018 * Letter from a Mr. H_ dated 6 November 2018 * Letter from a Ms. A_ * Letter from a Mr. S_ dated 9 November 2018 * HRC Awards and Decorations Branch letter dated 6 March 2019 * HRC Awards and Decorations Branch letter dated 31 May 2019 * Army Purple Heart Processing Procedures FACTS: 1. The applicant states that his previous request submitted to HRC was denied due to a lack of medical evidence. As such he is now submitting current evidence to support his claim to be awarded the Purple Heart. He contests that on 12 October 2009 his vehicle was hit by an improvised explosive device (IED), causing injury, while serving in Mosul, Iraq. He was the gunner of the lead convoy vehicle in the incident that occurred while crossing the check point intersection. He turned his weapon to support the vehicle that was traveling behind him and he doesn’t remember much after that. He was medically evacuated for treatment. Following treatment he was placed on quarters for 48 hours due to headaches sustained. This event occurred only weeks after arriving in country so he remained there for the remainder of the year. He continued to suffer headaches for the remainder of his military career following this incident and was later diagnosed with having a traumatic brain injury (TBI). As a result of this condition and the massive headaches associated, he has sought medical care through the emergency room on multiple occasions. He has been evaluated by a neurologist and hadn’t realized at the time, while in Iraq, that he was suffering from the side effects associated with his TBI. At the time he found it difficult to wear his helmet and required the use of additional padding to avoid having a migraine headache. His memory continues to decline. To support this claim, he has statements from fellow Soldiers, a Military Acute Concussion Evaluation (MACE), and a Red Cross message to his spouse via Medical Evaluations contained within his medical records. In summary, he states he has exhausted all other recourse to ensure that he obtains this award. He has documentation to support sustaining a TBI in Iraq. 2. A review of the applicant’s available service records reflects the following on: a. On 30 July 1992 he enlisted in the United States Army Reserve (USAR) under the Delayed Entry Program. b. On 28 August 1992 he enlisted in the Regular Army (RA). c. His DD Form 214 contains the following periods of deployment and locations (records are void of orders associated with these deployments): * Afghanistan – 5 June 2002 through 28 December 2002 * Iraq – 3 August 2003 through 4 April 2004 * Iraq – 10 September 2009 through 27 July 2010 d. On 31 August 2012 he was released from active duty for retirement after completing 20 years and 3 days on active duty. 3. The applicant provides the following: a. Order# L113-061, dated 23 April 2009, reflective of his assignment to Arifjan, Kuwait, on or about 1 October 2009 with a follow on temporary change of station (TCS) assignment to Afghanistan. He was directed to attend 6 months of training at Fort Riley, Kansas, enroute to Kuwait, prior to proceeding on TCS orders to Afghanistan. b. Order# 243-600, dated 31 August 2009, reflective of the unit deployment orders in support of Operation Iraqi Freedom. These orders were for a period of 365 days “boots on ground” effective on or about 10 September 2009. c. Medical documentation dated 12 October 2009 reflective of medical care received associated with an incident involving a IED wherein the applicant was serving as a gunner in the vehicle. Further noted is that he did not lose consciousness but did suffer nausea that later subsided, along with headaches, blurred vision, ringing and fluid within his ears. These are listed as side effects associated with his first IED blast. A MACE document reflects his injuries were sustained from an explosion and he denied loss of consciousness. A neurological assessment was conducted, which revealed no problems. He was released from care without limitations d. DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 31 August 2012 – see 2d. above. e. United States Army Human Resources Command (HRC) Awards and Decorations Branch – Disposition of Medical Records document reflective of guidance associated with application for the award of the Purple Heart. f. Excerpt from Army Regulation 600-8-22 wherein the applicant highlights authorization for award of the Purple Heart for the first wound suffered. Further noted as examples to justify eligibility for the Purple Heart is “concussions caused by enemy generated explosions that result in either loss of consciousness or restriction of full duty due to persistent signs, symptoms or clinical findings, or impaired brain function for a period greater than 48 hours from the time of the concussive incident.” g. Department of Veterans Affairs Rating Decision reflective of his 100% disability rating for his TBI to include PTSD granted effective 4 October 2018. h. HRC Awards and Decorations Branch document reflective of what “clearly justifies and what does not clearly justify” award of the Purple Heart wherein he highlights concussion injuries sustained as a result of enemy generated explosions (TBI) as a justifiable reason. Further noted is that the current legislation and regulatory policy governing the award of the Purple Heart specifically prohibits the award for PTSD and that there is currently no statute of limitations that applies to its issuance. i. Self-authored letter dated 20 October 2018 wherein the applicant adds that following the IED attack, he was evaluated by a medic at the aid station. j. HRC letter dated 25 October 2018 acknowledging their receipt of his request to be awarded the Purple Heart with a goal of responding within 150 business days of receipt. k. Letter from Mr. H_ dated 6 November 2018 wherein he provides witnessed account of the experienced IED attack. Mr. H_ (formerly Sergeant First Class H_) states that during the attack he pulled the applicant down into the vehicle after the blast due to his complaints of ringing in his ears and possible shrapnel. He further adds that the applicant was attended to by the medic at the medical facility for his injuries sustained once they returned back to their base. l. Letter from Ms. A_, a Medical Assistant Instructor, who provides that she has noticed the applicant’s hands shaking while administering injections. m. Letter from a Mr. S_ dated 9 November 2018 wherein he provides a witnessed account of the experienced IED attack. Mr. S_ (formerly First Sergeant S_) states that he was riding in the vehicle conducting a reconnaissance mission. He further provides that immediately following the explosion all parties suffered ringing in their ears due to the concussion of the blasts but the applicant sustained more severe side effects due to his position within the gunner hatch. n. HRC Awards and Decorations Branch letter dated 6 March 2019 reflective of their inability to take favorable action on his request due to the lack of information provided in his request. Further noted is that the MACE exam dated 12 October 2009, although helpful, did not constitute a military medical record used in determination of a TBI. The requested military medical documentation must conclusively demonstrate whether the applicant experienced 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. o. HRC Awards and Decorations Branch letter dated 31 May 2019 reflective of their subsequent denial of his request for issuance of the Purple Heart wherein they state in part that they acknowledged receipt of Standard Form 600 (Chronological Record of Medical Care) from October 2009. However, there was no diagnosis of a concussion, traumatic brain injury, or other qualifying injury. Further it states that he did not experience a loss of consciousness following the IED blast in question, and that he was released without limitations. As such, he did not appear to meet the regulatory criteria for award of the Purple Heart. p. Army Purple Heart Processing Procedures reflective of the routing procedures associated with submission and approval of recommendations for approval of the award. 4. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board concurred with HRC's determination that the available records do not show that the applicant met the criteria for award of the Purple Heart based on TBI. The Board found no evidence of loss of consciousness or restriction from full duty for a period greater than 48 hours due to TBI symptoms. In the absence of such evidence, the Board determined there is no basis for award of the Purple Heart. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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) dated 15 September 2011 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained while 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. 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 above. A physical lesion is not required, however, the wound for which the award is made must have required treatment by medical personnel. c. When contemplating eligibility for the Purple Heart, the two critical factors commanders must consider is the degree to which the enemy or hostile fire caused the wound, and was the wound so severe that it required treatment by a medical officer. An example of an enemy related action justifying eligibility for the Purple Heart is a concussion caused as a result of enemy-generated explosions that result of 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. When considering award of the Purple Heart for a TBI or concussion that did not result in the loss of consciousness, the chain of command will ensure the diagnosed TBI resulted in a disposition of "not fit for full duty" by a medical officer for a period of greater than 48 hours based on persistent signs, symptoms, or findings of functional impairment resulting from the concussive event. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000304 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1