IN THE CASE OF: BOARD DATE: 4 April 2023 DOCKET NUMBER: AR20220005243 APPLICANT REQUESTS: reversal of the Awards and Decorations Branch, U.S. Army Human Resources Command, denial of award of the Purple Heart (PH). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * 23-page PH Request Packet * 2 memoranda * a letter * Member of Congress (MOC) Privacy Release Form FACTS: 1. The applicant states, in effect, he was wounded in action in Iraq on 13 June 2005. He did not receive the PH but should have. He submitted paperwork to correct the error and it was denied in 2009. The denial basically said that the injury was not made public knowledge. After many attempts to understand what was meant by "public knowledge", it was explained to him, that the documents were not uploaded into the Armed Forces Health Longitudinal Technology Application (ALTA), which is the medical document archive. He then reached out to his Primary Care Doctor at the Naval Weapons Station. CAPT reviewed his documents, gave him an examination with x-rays, and uploaded all of the information into ALTA. CAPT also provided him with a memorandum for his case. 2. The applicant was a member of the Army National Guard, ordered to active duty in support of Operation Iraqi Freedom, and he served in Kuwait/Iraq from 3 May 2005 to 20 April 2006, holding military occupational specialty 11B, Infantryman. 3. The applicant provides a/an: a. PH request packet from 11 May 2009, which contained his recommendation for the PH approved by the Commanding General, SCARNG on 12 February 2009. The packet contained a memorandum of late submission from presumably his commanding officer who stated on 13 June 2005, while serving as a squad leader in Alpha Company, 1st Battalion, 121st Infantry, the applicant sustained wounds in action due to a vehicle borne improvised explosive device (VBIED). The medic on site treated the applicant and prepared him for evacuation. The applicant chose to remain with his squad to conduct consolidation, reorganization and prepare for subsequent attacks rather than be evacuated. He did not go to the aid station the day he was wounded. The doctor at the aid station did not annotate that the applicant's wounds were sustained in action in the medical documentation. Due to poor medical documentation, higher headquarters denied two previous submissions for a PH. b. Front of DA Form 1156 (Casualty Feeder Card) which notes the applicant was involved in a hostile casualty type incident. c. DA Form 1156 approved by the commander on 16 October 2007, which notes on 13 June 2005, near Main Supply Route Tampa. As a result of a VBIED attack, the applicant was struck in the right ankle by shrapnel causing pain and swelling, wrapped with ACE wrap, evacuated-convenience. d. DD Form 689 (Individual Sick Slip), 23 June 2005, reevaluation for ankle injury. Consider brace and prescription medicine. Placed on light duty with no running, walking on ankle, crutches for 2 weeks with reevaluation in 2 weeks. e. Standard Form 600 (Chronological Record of Medical Care) entry 1 July 2005, noting the applicant came to the Troop Medical Clinic (TMC) due to a right ankle injury when a piece of metal from a VBIED hit his right ankle, felt pain 5/10 at rest in his right ankle and heel, 10/10 when walking. Twisted right ankle while on patrol later that day. Has been on Motrin and wearing an ACE wrap. X-rays showed no fracture. Diagnosed with medial ankle sprain. Prescribed Celebrex 100, no prolonged walking, no running. f. Standard Form 600 entry 4 July 2005, for follow up on right ankle injury. Improvement to injury, walks with limp but has not pain to report only soreness. Taking Celebrex and states diarrhea. Did not take meds today and would like to discontinue. Ankle much less tender, better range of motion and zero swelling. Prescribed Naproxen 250 and Imodium. Discontinued Celebrex and was returned to duty. g. Sworn statement from Sergeant dated 13 June 2005, in which he states, in effect, he was the medic who treated the applicant for injuries sustained during a combat mission. Injuries included puncture wounds and muscular sprain to right foot and ankle. Treatment included topical antibiotic and ACE wrap. Disposition was return to duty, seek follow up treatment if symptoms persist or worsen. h. Sworn statement from Sergeant First Class dated 13 June 2005, in which he states, in effect, the applicant's platoon was conducting stationary overwatch duties when they were attacked by a VBIED. After arriving on the scene and receiving a situation report, he moved two Soldiers to the TMC. Before leaving he was informed by one of the applicant’s Soldiers that he had been struck in the ankle and back by debris from the VBIED. He asked the applicant if he needed to be evacuated with the other wounded. The applicant requested to stay back and assist in reorganizing the security on the check point and that the platoon medic would check his ankle. i. Sworn statement from Sergeant dated 27 June 2005, in which he states, in effect, the original statement from 13 June 2005 was lost; however, while dismounted, the check point was engaged by a VBIED. Subsequently the applicant was struck in the ankle causing pain and swelling. He was treated with an ACE wrap and ground evacuated convenience without incident. j. Permanent Orders Number 203-23, 22 July 2005, Headquarters, 3rd Infantry Division, Camp Liberty, Baghdad, Iraq, awarded him the Combat Infantryman Badge effective 13 June 2005, for participating in ground combat operations under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom III. k. Memorandum for Record dated 12 May 2016, from CAPT , Medical Corps, U.S. Navy, who states, in effect, he is a medical doctor and has reviewed the documents in the request for the PH and has determined that injuries were the result of enemy or hostile attack from a car bomb. The applicant was also treated for the injuries at the time of the incident and then 2 weeks afterwards in an aid station. The applicant was treated with antibiotic ointment to puncture wounds and bandaged at the time of the incident. At the aid station the applicant, was given Celebrex and then Naproxen for pain. It is his determination as a medical doctor, that the applicant should be awarded the PH for wounds received in combat. l. Privacy Release Form to a MOC dated 21 May 2022, requesting assistance and resolution for entitlement to the PH for wounds received in combat in Iraq on 13 June 2005. 4. On 3 November 2009, the Chief, Military Awards Branch, U.S. Army Human Resources Command (AHRC) disapproved his request for entitlement to the PH. The AHRC official stated, "ln accordance with Army Regulation 600-8-22, paragraph 2-8k(3), each approved award of the PH must exhibit all of the following factors: wound, injury or death must have been the result of enemy or hostile act, international terrorist attack, or friendly fire; the wound or injury must have required treatment by medical officials: and the records of medical treatment must have been made a matter of official Army records." The medical documentation provided indicated that on 1 July 2005, the applicant was evaluated for a right ankle injury, after exposure to a vehicle improvised explosive device blast on 13 June 2005. He was given Celebrex and returned to duty with limitations. No medical treatment was provided, and no other injuries were noted. Because there was no documentation of the diagnosis and treatment of an injury caused by the enemy which was required of and provided by medical personnel, it did not meet the criteria for award of the PH. 5. By regulation, the PH 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 medical treatment * the medical treatment must have been made 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. The evidence of record shows the applicant served in Kuwait/Iraq from 3 May 2005 to 20 April 2006, holding MOS 11B. He claims he was wounded in action on 13 June 2005. To be awarded the PH, substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record. The Board note that the medical documentation provided indicated that on 1 July 2005, the applicant was evaluated for a right ankle injury, after exposure to a vehicle improvised explosive device blast on 13 June 2005. He was given Celebrex and returned to duty with limitations. No medical treatment was provided, and no other injuries were noted. Because there was no documentation of the diagnosis and treatment of an injury caused by the enemy, which was required of and provided by medical personnel, it did not meet the criteria for award of the PH. 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 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: Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The PH 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 PH 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 PH, 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. Examples of enemy-related injuries which clearly justify award of the PH are as follows: (1) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action. (2) Injury caused by enemy-placed trap or mine. (3) Injury caused by enemy-released chemical, biological, or nuclear agent. (4) Injury caused by vehicle or aircraft accident resulting from enemy fire. (5) Concussion injuries caused as a result of enemy-generated explosions. (6) Mild traumatic brain injury (TBI) 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. e. Some examples of injuries which do not justify eligibility for the PH are: (1) Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951). (2) Trench foot or immersion foot. (3) Heat stroke. (4) Food poisoning not caused by enemy agents. (5) Exposure to chemical, biological, or nuclear agents not directly released by the enemy. (6) Battle fatigue, neuro-psychosis and post-traumatic stress disorders. (7) Disease not directly caused by enemy agents. (8) Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action. (9) Self-inflicted wounds, except when in the heat of battle and not involving gross negligence. (10) First degree burns. (11) Airborne (for example, parachute/jump) injuries not caused by enemy action. (12) 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. (13) Abrasions or lacerations (unless of a severity requiring treatment by a medical officer). (14) Bruises or contusions (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer). (15) Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005243 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1