IN THE CASE OF: BOARD DATE: 1 June 2023 DOCKET NUMBER: AR20220008393 APPLICANT REQUESTS: reconsideration of his previous requests for entitlement to the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Partial 1-page Medical Document FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Numbers AR20150014240 on 1 September 2006; AR20170008585 on 17 April 2019; and AR20200009554 on 28 December 2021. 2. The applicant provides a partial 1-page medical document that was not previously considered by the Board and warrants consideration at this time. 3. The applicant states, in effect, he was injured in a combat environment by a known enemy of the United States and was sent home early to receive medical treatment for his injury. His chain of command did not place him on the Operation Enduring Freedom list for injured personnel. He has witness statements and was seen by two medical providers in Afghanistan who determined he needed to be sent home to have his injury repaired. His retirement orders clearly state that he was injured by an instrumentality of war, by a known enemy of the United States in a combat environment. He believes this alone should qualify him for the Purple Heart. He was never put in for the Purple Heart which he believes he earned. 4. The applicant enlisted in the Regular Army on 30 August 2006. He served in military occupational specialty 91B (Wheeled Vehicle Mechanic). Evidence shows he served in Afghanistan from 6 June 2011 to 3 April 2012. 5. The applicant retired honorably due to permanent disability on 13 November 2013. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he was awarded or authorized the: * Afghanistan Campaign Medal with 2 campaign stars * Army Commendation Medal (2nd Award) * Army Achievement Medal (5th Award) * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Global War on Terrorism Service Medal * Korea Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * North Atlantic Treaty Organization Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Driver and Mechanic Badge with Driver-W Clasp * Driver and Mechanic Badge with Mechanic Clasp 6. On 1 July 2014, the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command, responded to a Congressional inquiry concerning the applicant's request for award of the Purple Heart. The Awards and Decorations Branch Chief stated the applicant's entitlement to award of the Purple Heart could not be verified and the Defense Casualty Records for Operation Enduring Freedom did not list the applicant's name. Requirements for award of the Purple Heart were explained and the applicant was advised to provide evidence meeting these requirements. 7. On 7 August 2014, the Chief, Awards and Decorations Branch, U.S. Army Human Resources Command responded to a Congressional inquiry concerning the applicant's request for award of the Purple Heart. The Army Human Resources Command stated they were unable to authorize award of the Purple Heart based on the documentation provided which showed the injury was sustained as a result of taking cover and not as a direct result of the grenade. 8. On 16 March 2016, the Chief, Soldier Programs and Services Division, U.S. Army Human Resources Command, responded to a Congressional inquiry concerning the applicant's request for award of the Purple Heart. The Soldier Programs and Services Division Chief stated that after careful consideration and consultation with the U.S. Army Human Resources Command Surgeon's Office, the original decision to disapprove award of the applicant's Purple Heart remained firm. The applicant was advised to appeal to the ABCMR if he believed the determination was unjust. 9. On 1 September 2016, the ABCMR denied the applicant's request for award of the Purple Heart. Based on the sworn statements provided by the applicant, the Board determined the applicant injured his elbow when he ducked into his turret to avoid a grenade. He did not sustain the injury as a direct result enemy action in that the grenade did not cause his injury. 10. On 17 April 2019, the ABCMR again denied the applicant's request for award of the Purple Heart. The Board stated 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. 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. 11. On 28 December 2021, the ABCMR once again denied the applicant's request for award of the Purple Heart. The Board stated after reviewing his application and all supporting documents, relief was not warranted. The available evidence showed his injury was not a result of direct combat from an armed enemy. 12. The applicant previously provided the following documentation in the previous consideration of his request; a/an: a. Self-authored statement in support of his request for the Purple Heart. On 24 February 2012, he was gunner in the third truck in a four truck convoy. The first truck missed a turn on the highway and the convoy stopped to allow truck to back up and make the turn. As the convoy came to a stop, a Taliban fighter ran across the highway and threw a grenade at his turret. The grenade bounced off the netting and landed between his truck and the fourth truck. He was instructed to duck back inside the vehicle injuring his left elbow. b. Sworn statements from two Soldiers who reiterated the events that occurred on 24 February 2012 in Afghanistan; however, the statements from his fellow Soldiers did not indicate that the applicant sustained an injury. c. Medical evaluation report, dated 26 September 2012, that indicates he injured his left elbow by ducking to avoid a grenade in Afghanistan on 24 February 2012. He underwent surgery on 1 August 2012 for intramuscular ulnar nerve transportation (a procedure performed to move the ulnar nerve from behind the medial epicondyle (elbow) to a suitable position where it is not irritated or pinched by this bony prominence). d. Letter from his former platoon leader, dated 19 March 2017, who stated the applicant was assigned to his platoon, but he was attached to the 411th Military Police (MP) Company to provide them with mechanical support. He felt there was a direct correlation between the applicant's left elbow injury and the grenade attack. He was astonished to hear the applicant was not being considered for award of the Purple Heart because he did not receive his injury from grenade shrapnel. The applicant received his injuries as a direct result of enemy action while deployed in a hostile combat environment. The 411th MP Company was responsible for initiating the applicant's award recommendation since he was assigned to that unit. It appears that an award recommendation was never completed for the grenade attack. He feels the applicant qualifies for the Purple Heart for injuries he received as a result of enemy action. e. Statement from DB that stated he was the applicant's squad leader while they were deployed to Kandahar, Afghanistan for the period of 2011 through 2012. The applicant was attached to a military police company. The applicant was sent to this unit by himself without any support. He heard that the applicant sustained an injury during combat operations, he was a gunner on one of the movements with this unit. The applicant was shielded by the turret or he would have become a casualty of war. DB attempted to reach out to the applicant's previous chain of command to find out why the applicant was not awarded the Purple Heart even though his retirement order clearly stated that he was injured in a combat environment by known enemy of the United States with an instrumentality of war. If that does not qualify the applicant the award, he does not know what will. It is a travesty that the applicant has not been awarded the Purple Heart when he had earned it and he should not have to wait any longer. 13. The applicant provides what appears to be a partial 1-page medical document describing his chronic left arm pain/weakness due to ulnar nerve damage. He recalled in 2012, the condition began as the result of hitting his left arm on the side of a turret on a military vehicle when a grenade was thrown in his direction. He stated that he ducked behind the turret and injured his left arm. The grenade exploded but did not directly impact his left arm from shrapnel. He noted numbness and paresthesias the following day. He was medically evacuated from theater although not urgently or emergently. He was evaluated and underwent ulnar transposition surgery in August 2012. After surgery, he noted significant benefit; however, when he returned to full duty, he had a return of the numbness and paresthesias. He has recurrent episodes of paresthesias which causes him to drop items and numbness in the fourth and fifth fingers along the medial aspect of his forearm with sensitivity to touch around the superficial medial elbow. 14. Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance pertaining to entitlement to the Purple Heart and 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. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Award of the Purple Heart 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. The evidence provided by the applicant shows the injury was sustained as a result of taking cover and not as a direct result of the grenade. Based on the preponderance of the evidence, the applicant does not meet the criteria for award of the Purple Heart. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :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 to amend the decision of the ABCMR set forth in Docket Number AR20150014240 on 1 September 2006; AR20170008585 on 17 April 2019; and AR20200009554 on 28 December 2021. 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 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, 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. When contemplating an award of the Purple Heart, 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 award. d. Some examples of enemy-related actions which justify eligibility for the Purple Heart are as follows: (1) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. (2) Injury caused by enemy emplaced trap, mine or other improvised explosive device. (3) Injury caused by vehicle or aircraft accident resulting from enemy fire. e. Some examples of injuries which do not justify eligibility for the Purple Heart are as follows: (1) Disease not directly caused by enemy agents. (2) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. (3) Abrasions or lacerations (unless of a severity requiring treatment by a medical officer). (4) Bruises or contusions (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer). (5) Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). f. It is not intended that such a strict interpretation of the requirement for the wound to be caused by direct result of hostile action be taken that it would preclude the award being made to deserving personnel. Commanders must take into consideration the circumstances surrounding a wound. Note the following examples: (1) In a case such as an individual injured while making a parachute landing from an aircraft that had been brought down by enemy fire; or, an individual injured as a result of a vehicle accident caused by enemy fire, the decision will be made in favor of the individual and the award will be made. (2) Individuals injured as a result of their own negligence (for example, driving or walking through an unauthorized area known to have been mined or placed off limits or searching for or picking up unexploded munitions as war souvenirs) will not be awarded the Purple Heart as they clearly were not injured as a result of enemy action, but rather by their own negligence. 3. Army Regulation 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 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008393 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1