IN THE CASE OF: 

		BOARD DATE: 7 March 2023

		DOCKET NUMBER: AR20220005634


APPLICANT REQUESTS: reversal of the Awards and Decorations Branch at the U.S. 
Army Human Resources Command to deny him award of the Purple Heart. He also 
requests a video/telephone appearance before the Board.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record), 31 May 2022
*	self-authored statement, undated
*	Orders BB-123-0211, U.S. Army Installation Management Command, Bamberg, 
Germany, 2 May 2012
*	Medical Record, 7 March 2013 to 8 October 2013
*	excerpt, Army Regulation 600-8-22 (Military Awards), 5 March 2019
*	DA Form 2823 (Sworn Statement), Staff Sergeant (SSG) , Retired, 23 June 2020
*	DA Form 2823, SSG , Retired, 23 September 2020
*	DA Form 2823, Master Sergeant (MSG) , retired, 18 May 2021
*	DA Form 4187 (Personnel Action), 3 January 2022
*	Memorandum for Record (MFR), Subject: Confirmation of Treatments for Injury 
Sustained during Deployment for Applicant, 4 February 2022
*	Enlisted Record Brief (ERB), 9 March 2022
*	memorandum, Army Human Resources Command (AHRC), Awards and 
Decorations Branch (ADB), Subject: Award of the Purple Heart for Applicant, 
29 April 2022
*	memorandum, AHRC, ADB, Subject: Request for Award of the Purple Heart for 
Applicant, 23 May 2022


?
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, in effect - 

	a.  On August 8, 2012, while deployed to the Wardak Province of Afghanistan, he 
sustained injuries while engaged in a firefight. He states he, along with other Soldiers, 
were struck by a dismounted improvised explosive device (IED); the impact of the 
explosion sent him flying, and he landed on his back injuring his head after landing on 
rocks. He recalls lying on the ground, bleeding from his forehead, seeing stars and 
being unable to hear or make out anything. Once he returned to Combat Outpost (COP) 
Garda, he was seen by medics because his eyes were bloodshot and he was unable to 
see correctly.

	b.  The applicant was sent to Bagram for further evaluation and diagnosed with a 
traumatic brain injury (TBI) but he was cleared to complete his deployment. 

	c.  Upon redeploying to Germany, he became irritable, suffered from memory loss, 
and had recurring headaches. On July 18, 2013, he was sent for magnetic resonance 
imaging (MRI) and computerized tomography (CT) testing, which resulted in his 
diagnosis of “posttraumatic headache with RT [right] temporal vessel tortuosity… and 
associated autonomic features.”  

	d.  On September 16, 2013, he was sent to Landstuhl to see a neurosurgeon. The 
provider informed him his migraines were a result of a cystic enlargement of the pineal 
gland. The enlargement was causing a mild mass effect on the tectal plate, and due to it 
being in the middle of his brain it was unable to be removed. He has since been 
prescribed medication to treat the migraines and has been dealing with the issue for 
over eight years.

3.  The applicant enlisted in the regular Army on 7 July 2010; he is still serving on active 
duty.

4.  Orders: BB-123-0211, published by U.S. Army Installation Command, Bamberg, 
Germany, on 2 May 2012, directed his temporary change of station (TCS) to deploy in 
support of Operation Enduring Freedom with a proceed date of on or about 20 June 
2012. 

5.  The Enlisted Record Brief (ERB) he provides,  dated 9 March 2022, shows he 
deployed to Afghanistan from 24 June 2012 to 1 March 2013, and he was awarded the 
Combat Action Badge on an unknown date.

6. Three DA Forms 2823, dated from 23 June 2020 to 18 May 2021, were completed by 
eyewitnesses to the attack. The witnesses state, in effect, their platoon was engaged in 
a firefight for most of the morning of 8 August 2012. The applicant was in close vicinity 
to the IED blast. Once he returned to the COP, he was briefly assessed by a medic and 
returned to duty after a few days.

7.  The applicant’s current chain of command signed and recommended approval for 
award of the Purple Heart on a DA Form 4187 (Personnel Action), dated 3 January 
2022. The DA Form 4187 was signed by the acting company commander, battalion 
commander, and brigade commander. However, the DD Form 4187 is incomplete as it 
lacks endorsement by the first general officer in the current chain of command. 

8.  An MFR, dated 4 February 2022, authored by the applicant’s current unit Brigade 
Physician Assistant states the applicant “sustained blast injury while deployed to 
Afghanistan in 2012, and has been getting therapeutic treatments for conditions relating 
to the injury… as supported by the [applicant’s] medical record.” 

9.  Memorandum, AHRC, ADB, dated 29 April 2022, shows the applicant's request for 
award of the Purple Heart was returned without action. The applicant provided AHRC a 
medical report from Landstuhl Regional Medical Center, dated 18 July 2013. AHRC 
acknowledged receipt of the medical record and stated, "to qualify for award of the 
Purple Heart the wound must have been of such severity that it required treatment, not 
merely examination, by a medical officer." AHRC requested an SF 600 from or near the 
time of the event before they could process the applicant's request.

10.  Memorandum, AHRC, Awards and Decorations Branch, 23 May 2022, shows the 
applicant's request for award of the Purple Heart was disapproved. AHRC stated, the 
recommendation did not meet statutory guidance, "when considering award of the 
Purple Heart 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." 
11.  The applicant's military record does not contain, nor does he provide any evidence 
he was awarded the Purple Heart.

12.  Regulatory Guidance provides, award of the Purple Heart for concussions (and/or 
mild traumatic brain injury (mTBI)) caused as a result of enemy-generated explosions is 
authorized if the concussion of mTBI resulted 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.

BOARD DISCUSSION:

1.  The Board determined the evidence of record was sufficient to render a fair and 
equitable decision. As a result, a personal appearance hearing is not necessary to 
serve the interest of equity and justice in this case.

2.  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. 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 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. Additionally, when based on 
a TBI, the regulation stipulates the TBI or concussion must have been severe enough to 
cause a 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. The wound must have been of such 
severity that it required treatment, not merely examination, by a medical officer. "The 
Board determined the applicant does not meet the criteria for 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 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 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 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.  Examples of enemy-related injuries that clearly justify award of the Purple Heart 
include concussions (and/or mild traumatic brain injury (mTBI)) 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.

	c.  Examples of injuries or wounds that do not justify award of the Purple Heart 
include mTBI 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.

3.  AR 15-185 (Army Board for Correction of Military Records), paragraph 2-11 states 
applicants do not have the right to a hearing before the ABCMR. The Director of the 
ABCMR may grant a formal hearing whenever justice requires.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220005634


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1