IN THE CASE OF: BOARD DATE: 26 July 2021 DOCKET NUMBER: AR20210006413 APPLICANT REQUESTS: award of the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter from the Applicant’s Congressional Representative, subject: [Applicant] Purple Heart Appeal, 13 July 2020 * Memorandum, subject: [Applicant] Justification for Purple Heart Award Per AR [Army Regulation] 600-8-22 [Military Awards], 30 September 2020 FACTS: 1. Having prior enlisted service in the Army National Guard (ARNG), the applicant was appointed as a commissioned officer and entered active duty on 20 May 2010 as a Regular Army officer. 2. He served in Afghanistan from 9 May 2012 to 16 September 2012. 3. Permanent Orders 194-010, dated 12 July 2012 awarded the applicant the Combat Action Badge for engaging by or being engaged by the enemy on 1 June 2012. 4. On 23 March 2016, the applicant submitted a request to be awarded the Purple Heart through his chain of command. His DA Form 4187 (Personnel Action) states: a. In accordance with AR 600-8-22, paragraph 2-8 and Military Personnel (MILPER) Message 11-125, dated 29 April 2011, recommend [Applicant] to be awarded the Purple Heart for wounds/injuries received in action caused directly by the enemy. b. The following information is provided: * Date of Incident: 1 June 2012 * Location of Incident: Forward Operating Base (FOB) Salerno, Afghanistan * Description of Incident: On 1 June 2012, nine Soldiers located in the north side of the dining facility were sprayed with debris when a VBIED struck the ECP located approximately 120 meters away; the blast caused the Soldiers to sustain various injuries and caused the ceiling to collapse; [Applicant] received injuries to his right knee and suffers from hearing loss * Complete Unit of Assignment at the Time of Incident: A Troop, 1st Squadron, 17th Cavalry Regiment, Task Force Wolfpack c. The recommendation was signed “Recommend Approval” by his battalion commander and forwarded to the brigade commander on 24 March 2016. d. On 18 April 2016, his brigade commander also recommended approval of the award and added comments, which state: after reviewing the included records and interviewing [Applicant], he very strongly supports awarding him the Purple Heart. While this is a delayed request that should have been addressed at the time, it is no less legitimate. He agrees that the wound to his knee from the IED attack warrants the Purple Heart. The request was forwarded to the commanding general. e. On 21 April 2017, the Commanding General disapproved the recommendation for the Purple Heart. 5. On 18 August 2018, the applicant submitted a request to be awarded the Purple Heart through his chain of command. His DA Form 4187 states: a. In accordance with AR 600-8-22, paragraph 2-8, recommend [Applicant] be awarded the Purple Heart for wounds/injuries received in action caused directly by the enemy. b. The following information is provided: * Date of Incident: 1 June 2012 * Location of Incident: FOB Salerno, Khost Province, Afghanistan * Description of Incident: Enemy Vehicle-Borne Improvised Explosive Device (VBIED) * Complete Unit of Assignment at the Time of Incident: A Troop, 1st Squadron, 17th Cavalry Regiment, Task Force Wolfpack, 82d Combat Aviation Brigade c. The recommendation was signed “Recommend Approval” by his company commander and forwarded to his battalion commander on 8 August 2018. d. On 8 August 2018, his battalion commander also recommended approval of the award and added comments, which state: evidence indicate that the service member's injuries and enduring medical issues are a result of enemy actions that occurred at FOB Salerno on 1 June 2012. The request was forwarded to his brigade commander. e. On 8 August 2018, his brigade commander also recommended approval of the award and added comments, which state: concur with recommendations from the chain of command. The request was forwarded to the commanding general. f. On 2 October 2018, the Commanding General disapproved the recommendation for the Purple Heart. 6. On 5 September 2018, a Physical Evaluation Board (PEB) convened and found the Soldier physically unfit and recommended a rating of 50% and that the Soldier’s disposition be permanent disability retirement. a. The PEB found the following medical conditions unfitting: * Thoracolumbar strain, 20%; he reports onset of this condition in 2010 a vehicle born explosion while deployed to Afghanistan (Yes – Instrumentality of War); he underwent conservative treatment and subsequently underwent surgical intervention on 2 November 2017, resulting in no significant improvement * Right chondromalacia patella and knee sprain status post-surgery; 10%; he reinjured this condition on 2 June 2012 from when an explosion hit behind the wall of the dining facility where he was at while deployed to Afghanistan (Yes – Instrumentality of War) * Left chondromalacia patella and knee sprain status post-surgery; 10%; he reports onset of this condition in 2009 and recovered well after surgery; he reinjured this condition on 2 June 2012 from when an explosion hit behind the wall of the dining facility where he was at while deployed to Afghanistan (Yes – Instrumentality of War) * Right hip strain; 10%; he reports onset of this condition in 2009 and recovered well after surgery; he reinjured this condition on 2 June 2012 from when an explosion hit behind the wall of the dining facility where he was at while deployed to Afghanistan (Yes – Instrumentality of War) * Left hip strain; 10%; he reports onset of this condition in 2009 and recovered well after surgery; he reinjured this condition on 2 June 2012 from when an explosion hit behind the wall of the dining facility where he was at while deployed to Afghanistan (Yes – Instrumentality of War) b. The PEB determined the disability disposition is based on disease or injury in the line of duty in combat with an enemy of the United States and as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war. The disability did result from a combat-related injury under the provisions of 26 U.S. Code 104 or 10 U.S. Code 10216. c. The applicant concurred with the PEB’s findings and waived a formal hearing of his case on 5 September 2018. He also did not request reconsideration of his Department of Veterans Affairs (VA) ratings. 7. The applicant was honorably retired on 28 November 2018. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served 8 years, 6 months, and 9 days of active service. It also shows the authority as AR 635-40 (Disability Evaluation for Retention, Retirement, or Separation), chapter 4 (The Disability Evaluation System) for disability, permanent (enhanced). 8. The applicant applied to the U.S. Army Human Resources Command (HRC) Awards and Decorations Branch for award of the Purple Heart. On 16 June 2020, HRC denied the applicant’s request. The Chief, Awards and Decorations Branch states: a. While they would like to render favorable action, they are unable to authorize the award of the Purple Heart for issuance. They consulted with the Surgeon General concerning his request. Based upon a thorough review of all available military medical documentation, HRC determined his knee condition is a soft tissue injury, which does not constitute a qualifying injury for award of the Purple Heart. Similarly, hearing loss and tinnitus (ringing in the ears) do not justify issuance of this award. Without question, they sympathize with his ongoing medical issues, however, they are unable to verify he meets the regulatory criteria for award of the Purple Heart. b. If he finds their decision to be unfair or unjust, his final course of action is to appeal their decision to the highest appellate authority on personnel matters. He may contact the Army Board for Correction of Military Records (ABCMR) by completing an application. They recommend providing this and all prior correspondence from HRC to demonstrate he has exhausted all available administrative remedies. c. Although this is not a favorable response, in no way does it detract from his faithful and dedicated service to our Nation. 9. By regulation, to be awarded the Purple Heart, the regulatory guidance requires all elements of the award criteria to be met; there must be proof a wound was incurred as a result of enemy action, that the wound required treatment by medical personnel, and that the medical personnel made such treatment a matter of official record. Additionally, AR 600-8-22 outlines examples of wounds that do and do not justify award of the Purple Heart, soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth) do not justify award of the Purple Heart. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the findings of the Office of the Surgeon General showing the injuries sustained by the applicant were soft tissue injuries and the specific regulatory guidance outlined in AR 600-8-22 concerning what does not qualify for a Purple Heart, the Board concluded there was insufficient evidence of an error or injustice which would warrant awarding the applicant the Purple Heart. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XX 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. REFERENCE: Army Regulation 600-8-22 (Military Awards) states 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. a. Examples of enemy-related injuries which clearly justify the Purple Heart: * Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action * Injury caused by enemy-placed trap or mine * Injury caused by enemy-released chemical, biological, or nuclear agent * Injury caused by vehicle or aircraft accident resulting from enemy fire * Concussion injuries caused as a result of enemy-generated explosions * 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 b. Examples of injuries or wounds which clearly do not justify the Purple Heart: * Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * Trench foot or immersion foot, heat stroke, battle fatigue, first degree burns, and food poisoning not caused by enemy agents * Chemical, biological, or nuclear agents not released by the enemy * Disease not directly caused by enemy agents * Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action * Self-inflicted wounds, except when in the heat of battle and not involving gross negligence * Post traumatic stress disorders * Airborne (for example, parachute/jump) injuries not caused by enemy action * Hearing loss and tinnitus (for example: ringing in the ears) * 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. * Abrasions and lacerations (unless of a severity to be incapacitating) * Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer) * Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth) //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006413 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1