IN THE CASE OF: BOARD DATE: 17 January 2023 DOCKET NUMBER: AR20220006276 APPLICANT REQUESTS: reconsideration of his previous request(s) to be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Sick Call Slip * Department of Veterans Affairs Combined Disability Rating 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 Dockets Number: AR20160017483, on 26 May 2018 and AR20190000087 on 20 March 2019. 2. The applicant states the Purple Heart medal is justified due to combat related injuries sustained in 2006 while serving in Iraq during Operation Iraqi Freedom. His Senator’s office inquired into the matter after he was denied the Purple Heart twice. The Senator's office was recently instructed that he should reapply for the award. 3. Review of the applicant’s service records shows: a. The applicant enlisted in the Regular Army on 19 June 2001. He held military occupational specialty 13B, Cannon Crewmember. He reenlisted in September 2003 and in September 2007. b. He served in a variety of stateside or overseas assignments, including Iraq from 24 April 2003 through 24 October 2003 and 4 December 2005 through 22 November 2006. c. He was honorably discharged on 5 September 2013 due to completion of his required active service. His DD Form 214 does not show the Purple Heart as an authorized award. d. He previously provided (and now provides) (1) DD Form 689, Individual Sick Slip, 12 May 2006, that shows he was seen by a medical officer for headaches following an IED (improvised explosive device) blast that had occurred 2 days earlier. The form shows he was returned to duty. (2) Health Record dated 20 November 2012, which shows he was seen by a medical provider for a history of concussion/IED trauma due to multiple blast exposures in 2005-2006 while deployed. He had one episode of headache and disorientation/ dizziness/nausea following a blast in 2006. He admitted to occasional episodes of vertigo and tinnitus since then. He was referred for magnetic resonance imaging to rule out possible lesions or structural abnormalities in his brain. (3) VA rating showing his combined disability rating for post-traumatic stress disorder with major depressive disorder and TBI. 4. On 26 September 2018, the Board considered his request for award of the Purple Herat and denied it. The Board determine that the available records contain no documentation to support the applicant's contention that he received a wound as a result of hostile action. The criteria for award of the Purple Heart require substantiating evidence to verify that a 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. 5. On 20 March 2019, the Board reconsidered his request. After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief. The applicant’s contentions and new information was carefully considered. Based upon the preponderance of evidence, the Board agreed the medical documentation does not substantiate his entitlement to the Purple Heart. 6. By regulation (AR 600-8-22), 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. BOARD DISCUSSION: 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 applicant's contentions, his military records, and regulatory guidance were carefully considered. By regulation, 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 Board determine the applicant’s incident 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 Dockets Number AR20160017483, on 26 May 2018 and AR20190000087 on 20 March 20191. 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 Army Regulation 672-5-1 (Awards), in effect at the time, provided 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 records of medical treatment for wounds or injuries received in action must have been made a matter of official record. For the purpose of considering an award of this decoration, a "wound" is defined as an injury to any part of the body from an outside force or agent sustained under enemy, opposing armed force, or hostile foreign action. A physical lesion is not required, provided the concussion or other form of injury is directly due to enemy, opposing armed force, or hostile foreign action. a. 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 b. Examples of injuries or wounds, which clearly do not justify 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 * 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 * post-traumatic stress disorder * airborne (for example, parachute/jump) injuries not caused by enemy action * hearing loss and tinnitus (for example, ringing in the ears) * mild traumatic brain injury or concussions that do not either 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 and lacerations (unless of a severity to be incapacitating) * bruises (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) * first degree burns //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006276 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1