ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:   BOARD DATE: 23 July 2021 DOCKET NUMBER:  AR20210006488 
APPLICANT REQUESTS: award of the Purple Heart (PH) and correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show it, 18 January 2017. 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. DD Form 149 (Application for Correction of Military Record), 20 October 2020 . Self-authored Statement, 15 October 2020 . Headquarters (HQ), U.S. Army Garrison, Fort Drum, Orders DR-340-0199, 5 December 2012 . NATO (North Atlantic Treaty Organization) Medal Certificate, 13 January 2013 . Cross Functional Team Warrior, 1st Brigade Combat Team, 10th Mountain Division, Orders Number 121-022, 1 May 2013 . DA Form 4980-5 (Bronze Star Medal Certificate), 18 July 2013 . Medical Record, 6 September 2013 . DD Form 214, 18 January 2017 . Officer Record Brief, 2018 . 7 pages of My Health Vet records, 23 April 2018 . 11 pages of email, April 2018 to June 2019 . letter, Awards and Decorations Branch (ADB), U.S. Army Human Resources Command (HRC), 16 September 2020 
FACTS: 
1. The applicant states: 
a. She served with Headquarters and Headquarters Company, 2nd Battalion, 22nd infantry, 1st Brigade Combat Team, 10th Mountain Division, and was hand-picked to the battalion S-4 for rotation to Afghanistan. Her job was to provide logistical support. 
b. In August 2013, the enemy infiltrated and blew up different areas of the forward operating base she was assigned. It was complete chaos. She helped clear and maintain the firing position. 
c. 
Her condition was more stable than others so she was not a priority for medical care until 6 September 2013, when she was completely unable to perform her duties. By then operations had resumed and the priority was for all equipment to be turned in so their unit could return home and not lose their lives waiting for property books to clear. They lost one Soldier with several others wounded. She was suffering from severe headache and vomiting. 

d. 
She sustained a traumatic brain injury (TBI) on August 28, 2013 and was treated and evaluated in country after the incident as soon as she was able. Her (healthcare) provider agreed with this assessment and told her to contact the Army for consideration of the PH. 


2. A review of the applicant's service records shows: 
a. 
On 14 October 2010, she was commissioned a 2nd Lieutenant in the Transportation Corps, following a period of enlisted active service. 

b. 
On 15 January 2013, she deployed to Afghanistan in support of Operation Enduring Freedom. 


c. She provided copies of: 
(1) 
Cross Functional Team Warrior, 1st Brigade Combat Team, 10th Mountain Division, Order Number 121-022, 1 May 2013, awarding her the Combat Action Badge for active combat on 22 March 2013. 

(2) 
DA Form 4980-5, awarding her the Bronze Star Medal for meritorious service in support of OEF. 

(3) 
A medical record, 6 September 2013, showing she received treatment at the Theater Facility Theater Clinic for headache and nausea with vomiting. Her disposition was released without limitations, with follow up as needed. The provider indicated the injury and illness was not a work related, not battle related, non-battle illness. He further noted the applicant did not believe that her symptoms were associated with the events of 28 August 2013 although she did endorse feeling a blast wave at her location. 

d. She returned from Afghanistan on 5 October 2013. 

e. 
On 3 October 2016, Informal Physical Evaluation Board (PEB) convened. A DD Form 199 (Informal PEB Proceedings) shows the PEB found her physically unfit for duty and recommended a 30% disability rating with a disposition for permanent disability retirement. The PEB found the diagnosis of chronic pelvic pain syndrome, 


status post total abdominal hysterectomy, rendered her unfit because the condition made her unable to reasonably perform duties as required by her duties. 
f. 
On 14 October 2016, she concurred with the findings of the Informal PEB and waived a formal hearing of her case. 

g. 
On 18 January 2017, she was retired by reason of permanent disability. Her DD Form 214 for this period shows she served 6 years, 3 months, and 5 days net active service with 5 months and 23 days of prior active service. She was awarded or authorized: 


. Afghanistan Campaign Medal with one bronze service star . Bronze Star Medal . Army Commendation Medal . Army Achievement Medal (Second Award) . Meritorious Unit Commendation . Commanders Award for Public Service . National Defense Service Medal . Global War on Terrorism Service Medal . Army Service Ribbon . Overseas Service Ribbon . Military Outstanding Volunteer Service Medal . NATO Medal . Combat Action Badge 
h. She provided copies of: 
(1) 
11 pages of email with members of her former unit showing her efforts to seek assistance for retroactive award of the PH from April 2018 to June 2019. 

(2) 
My Health Vet medical information report, 23 April 2018, showing she was screened for PTSD and TBI. 


3. On 19 August 2020, she applied to the U.S. Army Human Resources Command (HRC) for award of the PH. In her request she stated: 
(1) 
Insurgents conducted a complex attacked FOB Ghazni by breaching the east wall with a 3200 pound suicide borne vehicle improvised explosive device and 20 rocket propelled grenades, 8 suicide vests, and small arms fire. Two insurgents impacted Soldiers of her unit. She was at the brigade tactical operations center when one of the control points was hit. She was told to go to the billeting area to retrieve her protective equipment. A blast from a secondary entry control point resulted in her hitting her head 

on a 40 foot container. She regained consciousness and continued to the billeting area. She remained at Brigade Special Troops Battalion until all areas were secured. 

(2) 
Days after the incident, she was taken to the aid station and received treatment for symptoms of headaches, vomiting, and dizziness. She was treated and diagnosed with TBI. Her unit was busy sorting through casualties, evacuating non­essential personnel, and retrograding equipment. Her PH paperwork was not submitted. 


4. On 16 September 2020, HRC wrote to her stating it was unable to approve award of the PH. The HRC Awards and Decorations Branch indicated that based on review of the provided documentation, they were unable to approve award of the Purple Heart. That office acknowledged receipt of the Theater Clinic Records dated September 6, 2013, indicating she received care for injuries sustained as a direct result of enemy action, as well as eyewitness statements regarding the incident in question. Although this documentation is helpful, the provided documentation does not meet the regulatory criteria for award of the Purple Heart as reflected in Army Regulation 600-8-22 (Military Awards), 2-8, j. If she did not possess additional official medical documentation that supports her request, especially dated in closer proximity to the incident in question, their office will be unable to take favorable action. 
3. By regulation (AR 600-8-22), 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: 
a. 
The PH may be awarded for 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. 
When considering award of the PH for a mTBI or concussion that did not result in the loss of consciousness, the chain of command will ensure the diagnosed mTBI 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. 


BOARD DISCUSSION: 
Per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. 
In events involving TBI and other similar injuries, the applicant’s record must show that 
the 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.  After reviewing the application and all supporting documents, the Board found insufficient medical evidence to meet the regulatory standard for the Purple Heart and thus recommended denying the request. 
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 
: : : GRANT FULL RELIEF 
: : : GRANT PARTIAL RELIEF 
: : : GRANT FORMAL HEARING 
:XX :XX :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. 
X 
CHAIRPERSON 
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 (AR) 600-8-22, effective 25 June 2015, prescribes policies and procedures for military awards and decorations, to include the Purple Heart. 
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 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. 
When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not the sole justification for the award. 

c. 
Examples of enemy-related injuries which clearly justify award of the Purple Heart include concussion injuries caused by enemy-generated explosions, and a TBI or concussion that is severe enough to cause: 


. loss of consciousness; or 
. restriction from full duty due to persistent signs, symptoms, or clinical findings; or 
. impaired brain functions for a period greater than 48 hours from the time of the concussive incident 
2. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. 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. 
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