IN THE CASE OF: BOARD DATE: 6 April 2022 DOCKET NUMBER: AR20210010783 APPLICANT REQUESTS: * award of the Purple Heart * a personal appearance hearing before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Staff Action Summary Sheet, 23 June 2015, with Recommendation for Award of the Purple Heart * Army Regulation 600-8-22 (Military Awards) Excerpt * U.S. Army Human Resources Command (HRC) Awards and Decorations Branch Letters, 2 December 2020 and 9 February 2021 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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: a. The letter from HRC states his event did not meet the statutory guidance in accordance with Army Regulation 600-8-22 (Military Awards), paragraph 2-8 (Purple Heart), for minor lacerations and abrasion; however, this paragraph seems to be in direct conflict with paragraph 2-8g(1), which authorizes the award for a shrapnel injury. b. His return to duty was not instructed in the Standard Form 600 as misstated by HRC; a follow up evaluation within 24 hours was the plan of action, not clearance for return to duty. His unit, Special Forces Operational Detachment Alpha. was stood down for 48 hours. c. He had full support for award of the Purple Heart from his chain of command; however, the admittance of an error by the S-1 and recommender led to the documentation for the award not being submitted. His criteria for award of the Purple Heart was met. 3. He was serving in the Regular Army in the rank/grade of sergeant first class/E-7 when he seen at the Khogyani Aid Station, Afghanistan, for an injury he received on 7 December 2013. His Standard Form 600 (Chronological Record of Medical Care) shows: a. He reported he was involved in overpressure from a rocket-propelled grenade blast within 10 meters. The blast knocked him down and he landed on his tailbone. He became disoriented, had tinnitus, and his head hurt immediately after the blast. b. He reported he found a very small shrapnel wound on the posterior aspect of his right lower leg. He removed small granular pieces from the wound, cleaned the wound, and applied bacitracin ointment. c. The attending special forces medical sergeant noted two lacerations on the posterior aspect of the applicant's right lower leg. The wounds appeared clean; the skin surface was broken with no hemorrhage present. d. The attending special forces medical sergeant noted the applicant had symptoms appropriate to blast and overpressure, possible concussion. The applicant was instructed to rest for 24 hours in a dark room with no bright lights and follow up within 24 hours. 4. He was awarded the Bronze Star Medal with "V" Device for exceptionally valorous actions as the senior medical sergeant while under enemy machine gun and sniper fire in Afghanistan on 19 December 2013. 5. The Staff Action Summary Sheet (Recommendation for the Purple Heart Medal for (Applicant)), 23 June 2015, shows an action was submitted to obtain the commanding general's signature for the applicant's Purple Heart award recommendation. The following supporting documents were attached: a. His medical records, 7 December 2013 through 22 July 2015, report his treatment for a shrapnel wound sustained on 7 December 2013 in Afghanistan; his treatment at the Womack Army Medical Center, Fort Bragg, NC, Neuropsychology Clinic on 2 June 2015; his treatment at the Neuropsychology Rehabilitation Physical Therapy Clinic on 14 July 2015; and his treatment at the Concussion Care Clinic 21 May 2015 through 22 July 2015. b. Two DA Forms 2823 (Sworn Statement) (best copies available), 17 December 2013, attest to the events of an ambush while an element was on patrol. c. The Headquarters, 3rd Special Forces Group (Airborne), memorandum (Letter Justification to Award (Applicant) the Purple Heart), 6 June 2015, from the group noncommissioned officer in charge states the applicant received shrapnel to his lower right leg and sustained a concussion from the impact of a rocket-propelled grenade within 10 meters. d. The DA Form 4187 (Personnel Action) (best copy available), 28 June 2015, states the applicant received shrapnel to his lower right leg and a concussion from the impact of a rocket-propelled grenade within 10 meters. The commanding general recommended approval. e. The Headquarters, 3rd Special Forces Group (Airborne), memorandum (Letter of Lateness (Late Award Submission), 4 June 2020, from the commander states the award recommendation was being submitted late due to required documents not being submitted in a timely manner. A miscommunication between the recommender and the S-1 affected the poor timeliness of this award. The delay was of no fault of the applicant. 6. He was honorably discharged from the Regular Army on 1 November 2015. His DD Form 214 (Certificate of Release or Discharge from Active Duty) show in: * item 12c (Net Active Service This Period) – 12 years, 6 months, and 8 days * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – no Purple Heart * item 18 (Remarks) – * Service in Afghanistan from 16 July 2005 through 1 November 2005 * Service in Iraq from 19 July 2006 through 7 December 2006 * Service in Iraq from 4 January 2007 through 11 November 2007 * Service in Afghanistan from 10 September 2012 through 23 December 2012 * Service in Afghanistan from 8 October 2013 through 23 April 2014 * Service in Afghanistan from 9 March 2015 through 23 April 2015 7. The HRC Awards and Decorations Branch letter to the applicant's U.S. Senator, 2 December 2020, responded to his inquiry of 30 November 2020 on behalf of the applicant, regarding the applicant's desire to be awarded the Purple Heart. The Awards and Decorations Branch Chief stated: a. The Awards and Decorations Branch was unable to approve the applicant's request. The applicant's previously submitted medical documentation, 7 December 2013, referencing exposure to a rocket-propelled grenade states he was seen by a medical professional for minor lacerations and abrasions after the incident and was instructed to return for follow up in 24 hours. b. In accordance with Army Regulation 600-8-22, paragraph 2-8, minor lacerations and abrasions do not justify award of the Purple Heart. His next course of action is to appeal to the ABCMR. 8. The HRC Awards and Decorations Branch letter, 9 February 2021, responded to the applicant's request for reconsideration for award of the Purple Heart. The Awards and Decorations Branch Chief stated the Awards and Decorations Branch was unable to facilitate his request and directed the applicant that his next course of action is to appeal to the ABCMR. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. One potential outcome was to grant relief based on the recommendation of the commanding general for the purple heart. However, upon review of the applicant’s petition, available military records and the Human Resources Command Awards and Decorations Branch letter, the Board concurred with the advising official finding the applicant’s exposure to a rocket-propelled grenade did not meet the criteria for award of the purple heart. The Board noted the applicant stated he was seen by a medical professional for minor lacerations and abrasions after the incident and was instructed to return for follow up in 24 hours. The Board agreed the applicant based on regulatory guidance did not meet the criteria for award of the Purple Heart. Therefore, the Board denied relief. 2. 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. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X : 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. 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 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 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. 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. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 600-8-22 (Military Awards), currently in effect, provides that 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 the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. a. The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. 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 below. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. c. The key issue commanders must take into consideration when contemplating an award of this decoration 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 sole justification for award. d. Examples of enemy-related injuries which justify eligibility for award of the Purple Heart 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 TBI) 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 e. Examples of injuries or wounds which do not justify eligibility for award of the Purple Heart are as follows: * frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951) * trench foot or immersion foot * heat stroke * food poisoning not caused by enemy agents * chemical, biological, or nuclear agents not released by the enemy * battle fatigue, neuro-psychosis and post-traumatic stress disorders * 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 * first-degree burns * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * mild TBI that does not 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 or lacerations (unless of a severity requiring treatment by a medical officer) * bruises or contusions (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) AR20210010783 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1