IN THE CASE OF: BOARD DATE: 8 August 2023 DOCKET NUMBER: AR20220009863 APPLICANT REQUESTS: reversal of the Awards and Decorations Branch, U.S. Army Human Resources Command multiple denials of her award of the Purple Heart and Combat Action Badge. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • Online DD Form 149 (Application for Correction of Military Record) • DD Form 214 (Certificate of Release or Discharge from Active Duty) • DA Form 4187 (Personnel Action) • Statement from Retired Colonel Gol____ • Statement from Retired U.S. Navy Captain Ev__ • Statement from Mr. Ste__ • Pat Tillman Award for Service • Department of veterans Affairs Summary of Benefits 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 she was injured in Afghanistan in 2006 from an explosion in Kabul, Afghanistan. a. She was an Army National Guard (ARNG) Soldier on active duty status assigned to an active duty unit, Command Combined Forces Afghanistan (CFC-A), Headquarters at Camp Eggers. The original paperwork for her Purple Heart was submitted by CFC-A but was misplaced somewhere along the way. She was unaware of the submission at the time but later found out and had the very same person, Command Sergeant Major (CSM) Cy__ Pr___ sign another DA Form 4187 for her to be awarded the Purple Heart. CSM Pr___ at the time was the CSM of CFC-A and the CSM to Lieutenant General (LTG) Ka__ Eik__. Once she found out she never received the Purple Heart, she had her submit her signed 4187. For some reason the request was denied by Awards and Decorations Branch. She was injured in the line of duty, under a hostile attack and although was not actively engaged in combat was certainly part of the target which was the street and buildings where she was walking form ISAF HQ to Camp Eggers. She requests to be awarded the Purple Heart and Combat Action Badge for her service to her country and injury during combat operations. b. She believes there were several causes the original request was lost. Camp Eggers only had one medic and one doctor on base. He saw her and immediately had her transported to Bagram AFB for surgery. Because she was a CSM, she thinks she was rushed into surgery without the proper paperwork, although she does have a casualty report and medical records of the injury. CSM Pr___ submitted the request for the Purple Heart, right as she was redeploying back to the States and therefore unable to follow up on it once she was in another Command and thought it was all done. 3. Review of the applicant’s service records shows: a. The applicant served in the Regular Army from September 1979 to September 1989 and in the Texas Army National Guard from September 1992 to April 2006. She held miliary occupational specialty 96B, Intelligence Analyst. b. She was ordered to active duty on 15 December 2004 and served in Afghanistan from 17 February 2005 to 4 March 2006. She was honorably release from active duty on 17 April 2006. c. Her DD Form 214 for this period does not reflect the Purple Heart as an authorized award. d. She was discharged from the ARNG on 30 April 2006 and transferred to the Retired Reserve. e. She was placed on the retired list in her retired grade of sergeant major on 5 August 2020. Her NGB Form 23B (ARNG Retirement Points History Statement) shows she completed over 24 years of qualifying service towards non-regular retirement. 3. After her retirement, the applicant submitted multiple applications to the U.S. Army Human Resources Command, requesting awards of the Purple Heart and Combat Action Badge: a. DA Form 4187, dated 29 March 2022, addressed from the applicant personally to HRC. It states: She is asking to be awarded a Purple Heart for injury to her right hand during combat operations, outside Camp Eggers, Kabul, Afghanistan. She was moving from the ISAF compound to Camp Eggers on foot when there was an explosion and “a pieces of metal’ [sic] entered her hand. She was driven to Bagram AFB and had surgery to repair the damage done to her hand and returned to light duty after several days, and full duty after a week. At the time a request for a Purple Heart was not requested by the unit she was assigned (Combined Forces Command, Afghanistan (CFC-A) as the Garrison Command Sergeant Major but was a National Guardsman on active duty orders). Initially, she did not think she was eligible to receive a Purple Heart but after others informed her that she was, she now would like to receive this honor for her injury. She has attached the casualty worksheet and DD Form 214. She has also attached her VA rating sheet, which has her right band injury service connected. She does not have 100% use of her hand due to this injury. b. Statement for retired U.S. navy Captain Ev__ who states he was in Afghanistan with [Applicant] when her injury happened. Although he was not outside the gate when the explosion happened, he saw her shortly afterwards as she was initially brought to the First Aid Station on Camp Eggers for evaluation. She was then medevac’d to Bagram AFB and had surgery the next day which included plastic surgery as well to lessen the scar on her hand. Because she was the Garrison CSM, she certainly downplayed her wound and what happened. It was a leadership call to manage the incident quietly. She had been walking from the American Embassy back to Camp Eggers and should have been in a vehicle with her security detachment. But these circumstances do not mitigate that she was wounded by shrapnel from an explosion in a combat zone, which would also entitle her to the Combat Action Badge as well. This was early in the war October 2005 and there were very few female military members on the ground, and he does believe the command, which was not hers but the Commander of all troops in Afghanistan, LTG Ka__ Eik__ was not informed of the incident until much later. [Applicant] was detailed as his CSM from the TXARNG and therefore her chain of command was complicated. He was the Command Chaplain for all of Afghanistan, assigned to Camp Eggers, Kabul. As an Officer and a gentleman, he wholeheartedly supports her in receiving the Purple Heart and Combat Action Badge for her selfless service. She was awarded the Bronze Star for her duty in country which should give credibility to her dedication to duty to her country and her soldiers. When he asked her why she waited so long to ask for her awards she indicated that at the time it just was not done except on exceedingly rare occasions to award females Purple Hearts unless they were severely hurt and sent to Landstuhl or Stateside. Plus, at the time because the Exclusionary Policy (prohibiting females from serving in combat units or units supporting units in direct combat) was still in effect she did not want to push the issue. c. Statement from Mr. St__ wo states he was stationed at Camp Eggers, Kabul, Afghanistan during the same time as the applicant. On 20 October, around 1130, she was walking from ISAF Headquarters/American Embassy back to Camp Eggers which is less than a ˝ mile when a blast occurred outside the perimeter of Camp Eggers. The applicant received a hand wound on her right hand from a piece of metal from that blast. She was initially treated by our medic on site, then sent to Bagram AFB for surgery. She returned to duty within the week with her right hand in a bandage. She received multiple stitches and required plastic surgery to replace a patch of skin that was removed from the injury. She was also involved in a vehicle accident involving hostile action in which her vehicle rolled down an easement and flipped. She was treated by a medic for a closed head wound/concussion. He was in another vehicle in the convoy. He does not remember the date of this incident. d. Statement from retires TXARNG Colonel Gol__ who states he was the garrison commander of Camp Eggers, headquarters for CFC-A, from 7 June 2005 to 6 March 2006 while a member of the 111th Area Support Group (ASG). The applicant was the sergeant major at the time. During the time of his command, we were assigned to CFC-A for all administrative support and command and control. He was a member of LTG Eik___'s personal staff and was senior rated by his Chief of Staff, COL Moe___. During their time at Camp Eggers, [Applicant] sustained injuries that qualified her the Purple Heart and the Combat Action Badge. Since the members of the 111th ASG under his command were assigned to CFC-A for all administrative support, these awards should have been processed by the CFC-A J1 section, however it has recently come to his attention that for whatever reason these awards were not processed. It is his understanding that CSM Pri__, the CSM for CFC-A at the time, has signed a DA form 4187 endorsing the awarding of the Purple Heart and the Combat Action Badge, retroactively, for [Applicant]. He fully supports this correction of the record. 4. On 24 May 2022, the Awards and Decorations Branch responded to the applicant’s request concerning your desire to obtain an award of the Purple Heart for injuries sustained while deployed in support of Operation Enduring Freedom. The letter reads: a. We are unable to render favorable action concerning this matter at this time. The statutory and regulatory criteria for the Purple Heart require it to be awarded to Soldiers who are wounded as a direct result of enemy action. The wound must have required treatment by a medical officer and been made a matter of official record. Military medical documentation from immediately after or close to the incident reflecting a diagnosis of and treatment for a qualifying wound must be provided. We acknowledge receipt of the Standard Form 600 (Chronological Record of Medical Care), where you were seen for an injury to your right hand. While this information is helpful, the form is not dated and there is no indication the wound was caused by enemy action. b. Additionally, a request for retroactive Purple Heart must include the following: a one page narrative describing the qualifying incident and the conditions under which the member was injured or wounded and witness statements from at least two individuals, who were personally present, observed the incident, and have direct knowledge of the event. Alternatively, other official documentation may be used to corroborate the narrative. Please note, a specific date in which the incident occurred, must be provided. For your convenience, we have enclosed resource handouts citing the regulatory criteria for award of the Purple Heart. Upon receipt of the requested documentation, we will further respond to your request. 5. On 17 August 2022, the Awards and Decorations Branch responded to the applicant’s Member of Congress in response to her recent inquiry on behalf of the applicant concerning her desire to be awarded the Purple Heart. The letter reads: a. While we would like to take favorable action, we are unable to facilitate your request. Based upon review of the previously provided medical documentation and the opinion of the USA Human Resources Command Surgeon, we have determined this injury does not meet the strict criteria for award of the Purple Heart. b. The applicant’s next course of action is to appeal this decision to the highest appellate authority on personnel matters. You may contact the Army Board for Correction of Military Records (ABCMR). We recommend providing this and all prior correspondence from this Command to demonstrate your constituent exhausted all available administrative remedies. Although this response is not positive, we are grateful for the applicant’s service to our nation. 6. On 7 November 2022, the Awards and Decorations Branch responded to the applicant regarding her recent email to the President of the United States regarding your desire to be awarded the Purple Heart and Combat Action Badge. The White House has forwarded your email to this office, the proponent of the Army’s awards program, for review, and response. The letter reads: a. While we would like to take favorable action, we are unable to facilitate your request based upon review of the previously provided medical documentation and the opinion of the USA Human Resources Command Surgeon, we have determined the medical documentation is insufficient in meeting the strict criteria for award of the Purple Heart. As previously advised to a Member of Congress acting on your behalf, your next course of action is to appeal this decision to the highest appellate authority on personnel matters. We recommend providing this and all prior correspondence from this Command to demonstrate you exhausted all available administrative remedies. b. Army Combat Badges are designed to provide special recognition to Soldiers who personally engage the enemy in ground combat or who satisfactorily perform their duties while being engaged in ground combat by the enemy. In accordance with Army Regulation 600-8-22 (Military Awards), Paragraph 8-8, the CAB may be awarded to Soldiers who were: (a) Personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement, in an area where hostile fire pay or imminent danger pay is authorized; (b) Performing their assigned duties associated with the unit’s combat mission. All retroactive requests for the CAB must demonstrate the basic criteria. A complete packet requires a personal narrative and at minimum two sworn eyewitness statements from Soldiers who participated in the same ground combat action, detailing the specific date of the incident, your proximity to the enemy direct or indirect fires (in meters) and whether you could have reasonably been injured by the blast, detonation, or explosion. These documents must not resemble one another in terms of language and description of the incident; the statements must present the eyewitnesses' unique, first-hand accounts of your actions (i.e., they must use their “own words”). In this regard, we acknowledge receipt of one statement from Captain Ev__, USN Retired; however, as he did not directly witness the event, we cannot utilize his statement for this purpose. 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. a. 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/injury 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 Board noted the multiple statements of support provided by the applicant. However, the applicant did not provide any contemporaneous medical documents that show the claimed injury was caused by the enemy, or that the claimed injury was of such severity that it required treatment, not merely examination, by a medical officer, or that such treatment is documented in her medical records. The Board determined the criteria for the Purple Heart was not met in this case. b. To be awarded the CAB, the Soldier must be personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement, in an area where hostile fire pay or imminent danger pay is authorized; and perform their assigned duties associated with the unit’s combat mission. The Board noted the statement made by the applicant that she was “under a hostile attack and although was not actively engaged in combat was certainly part of the target which was the street and buildings where she was walking.” The Board determined she does not meet the criteria for award of the CAB. 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. 8/8/2023 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 (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 are as follows: • 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. d. The authority to approve or disapprove recommendations for the award for Servicemembers who did not receive a Purple Heart while serving in a unit with wartime awards approval authority is the Chief, Awards and Decorations Branch. Although a Servicemember may be deployed, award of the Purple Heart for injuries incurred in a previous deployment must be processed through the servicemember’s current chain of command to the Commander, HRC for approval. The first general officer in the current chain of command may disapprove the recommendation. e. Any member of the Army who believes that they are eligible for the Purple Heart but, through unusual circumstances no award was made, may submit an application through the member’s chain of command to Commander, HRC (AHRC–PDP–A). If the requestor has separated from the military, the application may be mailed directly to the Commander, HRC (AHRC–PDP–A). The application will include the following documentation pertaining to the wound and inflicting force: • DA Form 4187 (for currently serving members). • Chain of command endorsement (through the first general officer in the Soldier’s current chain of command for currently serving members). • Deployment orders. • DA Form 4037 (Officer Record Brief)/enlisted records brief (ERB)/DA Form 2–1 (Personnel Qualification Record). • One-page narrative describing the qualifying incident and the conditions under which the member was injured or wounded. • Statements from at least two individuals, other than the proposed recipient, who were personally present, observed the incident, and have direct knowledge of the event. Alternatively, other official documentation may be used to corroborate the narrative. • Casualty report (if available). • SF 600 (Medical Record - Chronological Record of Medical Care). • DD Form 214 (Certificate of Release or Discharge from Active Duty) (if applicable). 3. Army Regulation 600-8-22 also provides for award of the Combat Action Badge (CAB). The CAB was approved in 2005 to provide special recognition to Soldiers who personally engaged, or are engaged by, the enemy. The CAB is intended to serve as a companion to the CIB and CMB to recognize the greatly expanded role of non-infantry Soldiers in active, ground combat. a. The requirements for award of the CAB are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations, is not required to qualify for the CAB. However, the CAB is not intended to recognize Soldiers who simply serve in a combat zone or imminent danger area. Battle participation credit alone is not sufficient; the unit must have engaged or been engaged by the enemy. b. Award of the CAB is not automatic and will not be awarded solely based on award of the Purple Heart. c. Specific eligibility requirements include— (1) May be awarded to any Soldier. (2) A Soldier must be personally present and under hostile fire while performing satisfactorily in accordance with the prescribed rules of engagement, in an area where hostile fire pay or imminent danger pay is authorized. For all named conflicts beginning after the effective date of this publication, a Soldier must also be performing in an offensive or defensive act while participating in combat operations, engaging, or being engaged by the enemy. A Soldier must be performing their assigned duties associated with the unit’s combat mission in an area where hostile fire pay or imminent danger pay is authorized. The requirement for hostile fire pay or imminent danger pay does not apply to cases determined to be eligible under the conditions described in para. 3–8c. (3) Soldier must not be assigned or attached to a unit that would qualify the Soldier for the CIB and/or CMB. For example, an infantryman (MOS 11B) assigned to Corps staff is eligible for award of the CAB. However, an infantryman assigned to an infantry BN is not eligible for award of the CAB. d. Retroactive awards of the CAB are not authorized prior to 18 September 2001. Award of the CAB is authorized for the following operations (award for qualifying service in any previous conflict is not authorized): (1) Afghanistan (OEF, 18 September 2001 to 31 December 2014; OFS, 1 January 2015 to a date to be determined); (2) Iraq (OIF, 19 March 2003 to 31 August 2010; OND, 1 September 2010 to 31 December 2011); (3) OIR, 15 June 2014 to a date to be determined. e. The CAB may be awarded as follows: (1) Wartime awards approval authority. When delegated wartime awards approval authority by the SECARMY (or his or her designee), the following authorities apply: • Brigade commander level for Soldiers assigned to, attached to, or under the operational control of brigade-level or smaller units • The first general officer in the chain of command for Soldiers assigned to units at echelons above brigade • The next higher general officer in the chain for award to a general officer • Authority to award the CAB is also delegated to regional medical center commanders receiving casualties directly from the wartime theater. Medical center commander must ensure the Soldier meets the requirements in paragraph 8–8c • When no authority applies or has not been delegated, recommendations will be submitted through command channels to HRC, ADB for processing (2) Retroactive award processing for the CAB. Retroactive award of the CAB is authorized for time periods specified above for fully qualified individuals. (a) The wartime command retains wartime awards approval authority for 12 months after redeployment and can approve award of the CAB for Soldiers who deployed with their command, and qualified for, but did not receive the CAB during the deployment. (b) Soldiers redeployed more than 12 months or reassigned to a command other than their wartime command and qualified for the CAB while deployed may request award through command channels to Commander, U.S. Army Human Resources Command (AHRC–PDP–A), 1600 Spearhead Division Avenue, Fort Knox for retroactive award to active duty Soldiers and RC Soldiers will be forwarded through command channels to the first general officer (for endorsement) to HRC for processing. The first general officer in the chain of command of the Soldier recommended for award of the CAB may disapprove the recommendation. (c) All ARNG requests, once endorsed, will be submitted to the Director, Army National Guard, Arlington, VA prior to being submitted to HRC. (d) Retirees and veterans should address their applications to HRC for processing. The DA Form 4187 with endorsement by the first general officer is not required. All other criteria must be met. (e) Requests for retroactive award of the CAB will not be made except where evidence of injustice is presented. For retroactive requests submitted by Soldiers deployed more than 12 months or reassigned to a command other than their wartime command, the request must include justification explaining why the CAB was not awarded in theater. //NOTHING FOLLOWS//