IN THE CASE OF: BOARD DATE: 9 October 2020 DOCKET NUMBER: AR20200002305 APPLICANT REQUESTS: to be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Permanent Orders 257-159 dated 14 September 2006 * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 7 March 2013 * Medical Documentation * Memorandum for Record (MFR) – Statement of Combat Action 18 May 2006 dated 18 December 2019 FACTS: 1. The applicant states that he was advised by the Department of Veterans Affairs (VA) that he was eligible for the Purple Heart because of a traumatic brain injury (TBI) that he received while deployed to Iraq. He is currently rated at 100% disabled by the VA and has lost vision in his left eye and suffered residual damage to his left ear. 2. A review of the applicant’s available service records reflects the following: a. On 7 September 2004 he enlisted in the United States Army Reserve (USAR). b. On 12 October 2004 he enlisted in the Regular Army. c. His Enlisted Record Brief (ERB) shows he deployed to Iraq from 7 November 2005 through 7 November 2006 and again from 11 November 2007 through 29 January 2009. d. On 22 October 2012 (Order 296-0153) he was reassigned to the United States Army Transition Point effective 7 December 2012. e. On 7 March 2013 he was honorably discharged from the Army. His DD Form 214 shows the following awards: * Iraq Campaign Medal with 4 campaign stars * Army Commendation Medal (2nd award) * Army Achievement Medal * Army Good Conduct Medal (2nd award) * National Defense Service Medal * Global War on Terrorism Service Medal * Army Service Ribbon * Overseas Service Ribbon (2nd award) * Combat Action Badge (CAB) 3. The applicant provides the following: a. Permanent Orders 257-159 dated 14 September 2006 reflective of him being awarded the CAB for engaging in or being engaged by the enemy on 18 May 2006. b. Medical documentation reflective of medical care and treatment provided during the following periods: * 16 July 2006 – treatment for a neck strain resulting from the explosion of an improvised explosive device (IED) located adjacent to his vehicle. He was released without limitations * 18 August 2009 – evaluated for an abnormal magnetic eesonance imaging (MRI) of the brain. At the time of this evaluation, the applicant indicated that he was exposed to 7 explosions one of which in June of 2006 resulted in his loss of consciousness and a concussion. * 27 August 2009 – psychiatric treatment performed due to diagnosed depression * 29 December 2010 – treatment for hearing loss and decreased vision associated with his involvement in a traumatic event occurring while in Iraq * 9 January 2012 – an MRI was conducted on his brain in order to further assess the worsening of his migraine headaches since his involvement in the explosion of the IED; procedure revealed near complete resolution of the previously assessed abnormalities * 22 February 2012 – consultation for weight management c. Memorandum for Record (MFR) – Statement of Combat Action 18 May 2006 dated 18 December 2019 reflective of First Sergeant (1SG) S_'s account of events occurring on 18 May 2006 wherein he provides that the applicant was serving as a gunner in the vehicle that they were riding in when the IED erupted. The impact of the explosion moved the vehicle from the roadway, completely damaging the left side. During their damage and injury assessment, they noted that the applicant was unconscious. At the time of impact, the applicant was fully exposed outside of the vehicle performing his duties as a gunner leaving him to endure the full effects of the IED. 4. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board found the MFR provided by the applicant's 1SG and the medical records he provided to be sufficient evidence to confirm he met the criteria for the Purple Heart when he lost consciousness in a IED explosion on 18 May 2006. The Board determined the applicant should be awarded the Purple Heart and the award should be added to his DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :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 awarding him the Purple Heart for an injury incurred as a result of hostile action on 18 May 2006 and by adding the Purple Heart to his DD Form 214. 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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Purple Heart (PH) 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. Treatment of the wound will be documented in the member’s medical and/or health record. 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. When contemplating eligibility for the Purple Heart, the two critical factors commanders must consider is the degree to which the enemy or hostile force caused the wound, and was the wound so severe that it required treatment by a medical officer. Some examples of enemy-related actions which justify eligibility for the PH are as follows: * Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. * Injury caused by enemy emplaced trap, mine or other improvised explosive device. * Injury caused by chemical, biological, or nuclear agent released by the enemy. * Injury caused by vehicle or aircraft accident resulting from enemy fire. * Smoke inhalation injuries from enemy actions that result in burns to the respiratory tract. * Concussions (and/or mild traumatic brain injury) caused as a result of enemy- generated explosions that result in 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 2. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002305 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1