IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20080001480 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Purple Heart. 

2.  The applicant states, in effect, that he should be awarded the Purple Heart because he suffered traumatic brain injuries.  He also states that he was injured in Iraq and the traumatic brain injury has now caused secondary issues such as migraine headaches, blackouts, and dizzy spells.  Because of these injuries he feels he should be awarded the Purple Heart.

3.  The applicant further states, in a letter, dated 6 November 2007, included with his application, that on the issue of migraine attacks, while in Iraq, he was hit directly with a car bomb that threw his head into the steering handles on the bulldozer that he was operating at the time.  Prior to this event he had already been suffering with migraine headaches and was being treated for them.  After this attack, he began having blackouts that included dizziness, loss of balance, loss of vision, and cold sweats that could last up to several minutes.  He was treated for this condition on multiple occasions while in Iraq.  The treating physician, Major B____, at Camp Liberty, Iraq, documented these symptoms and concluded they were likely due to the car bomb attack.

4.  The applicant also states that a rating decision of 13 June 2007 stated that he denied any history of head trauma.  He states this is completely false.  He further states that his service record shows he was hit with a car bomb and received numerous treatments while in Iraq for injuries related to this incident.  Related to this issue, the prostrating nature of his migraines, coupled with vertigo 
symptoms, have caused him to miss work on numerous occasions.  With a wife and three children, he cannot afford to continually miss work; however, he still repeatedly attends work while suffering from these headaches. 

5.  In support of his application, the applicant provides copies of his service medical records; his Chillicothe, Ohio, Veterans Administration Medical Center (VAMC), medical progress notes; his DD Form 214 (Certificate of Release or Discharge from Active Duty); and his Department of Veterans Affairs (VA) Rating Decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows he enlisted in the Ohio Army National Guard (OHARNG), in pay grade E-1, on 13 January 1986.  He was promoted to pay grade E-5 on 15 August 1999.

2.  The applicant was ordered to active duty in support of Operation Iraqi Freedom and entered active duty on 31 December 2004.

3.  The applicant's submitted medical service record contains a Sworn Statement, dated 22 November 2005, from a former service member.  The service member stated that he recalled what happened to the applicant directly following an improvised explosive device on 21 November 2005.  He was in a vehicle that was next to the armor dozer that the applicant was in.  He saw the applicant dismount the vehicle, holding his Kevlar, which was still on his head.  He sat down on the dozer and held his head with both hands for 10 seconds.  The applicant then came over to his vehicle to see how he was doing, since his vehicle was the closest vehicle that had armor for safety.

4.  The applicant submits copies of his Chronological Record of Medical Care that shows while stationed at Camp Liberty in Iraq, he had medical appointments for migraine headaches on 6 December, 12 December, and 17 December 2005.  The record states that he had reported dizzy spells, with loss of balance, black outs, and had reported white spots in his vision immediately preceding or proceeding the migraine.  The first occurred shortly after a vehicle improvised explosive device attack that took place on 21 November 2005.  The report also shows that the injury/illness was categorized as a non-battle injury.  There is no evidence the applicant sought medical treatment for any condition immediately after the claimed improvised explosive device explosion.


5.  The applicant was released from active duty on 27 January 2006, for completion of required active service, and reverted to ARNG of Ohio.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) of his DD Form 214, lists the following awards:  the Army Commendation Medal; the Global War on Terrorism Expeditionary Medal; the Army Reserve Components Achievement Medal (4); the National Defense Service Medal, with Bronze Star (2nd Award); the Global War on Terrorism Service Medal; the Armed Forces Reserve Medal, with "M" Device; the Armed Forces Reserve Medal, with Bronze Hour Glass Device; the Noncommissioned Officer Professional Development Ribbon; and the Army Service Ribbon.  Item 18 (Remarks), of his DD Form 214, lists the following additional awards:  the Overseas Service Ribbon, the Army Reserve Components Overseas Training Ribbon, and the Combat Action Badge.  The Purple Heart is not included in these lists of authorized awards.

6.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There is also no evidence in his record that shows he was wounded or treated for wounds as a result of hostile action and that the treatment was made a matter of official record during his service in Iraq.

7.  The applicant was discharged from the OHARNG on 1 May 2006, in pay grade E-6, at the expiration of his term of service.

8.  On 13 June 2007, the VA granted the applicant 30 percent service-connection for post traumatic stress disorder; 10 percent service-connection for head trauma, to include migraine headaches, memory loss, and vertigo; 10 percent service-connection for tinnitus, all effective 28 January 2006, the date after his discharge from active duty.  The examiner noted that the applicant's service medical records showed he was treated for migraine headaches and tension-type headaches during his period of service.  The records indicated that his migraines were associated with presyncopal episodes, loss of balance, and vision affected by white spots.  The applicant had reported a history of migraine headaches since 2005 and denied any history of head trauma.  The examiner also stated that a higher evaluation of 30 percent was not warranted as the evidence did not show characteristic prostrating attacks occurring on an average of once a month over the last several months.

9.  On 25 June 2007, the applicant was issued a DD Form 215 (Correction of DD Form 214), deleting the Global War on Terrorism Expeditionary Medal; and adding the Iraqi Campaign Medal and the Army Good Conduct Medal.


10.  The applicant further submits copies of his Chillicothe VAMC Progress Note, dated 25 October 2007, which state that he tested positive for traumatic brain injury screen.  The physician stated that the applicant reported being actively deployed in Iraq between 2005 and 2006 and experienced multiple symptoms while in Iraq.  He underwent a neurobehavioral inventory evaluation and was noted positive for symptoms that included blurring of visions, loss of balance, dizziness at a frequency of twice weekly, poor coordination, and frequent headaches.  The physician recommended further diagnosis to include speech and psychology evaluation and appropriate therapy provided, if noted positive for traumatic brain injury.

11.  A staff member of the Casualty Operations Division, Human Resources Command, Alexandria, Virginia, verified that a review of the Iraq Casualty File for the period 21 November 2005 failed to reveal a vehicle improvised explosive device attack involving the applicant or any report of the applicant sustaining injuries during a roadside bomb incident occurred on that date or any other date in Iraq.  

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the Purple Heart and the supporting evidence provided were carefully considered.  However, by regulation, in order to support award of the Purple Heart, there must be evidence confirming that the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

2.  The evidence of record contains no orders, or other documents confirming that the applicant's injury was caused by his participation in direct or indirect combat operations, that he received treatment by a medical officer, and that a record of medical treatment for wounds or injuries received in action was made a matter of official record at the time.  The evidence does not show he was ever recommended for or awarded the Purple Heart by proper authority.  Further, the Purple Heart is not included in the list of authorized awards contained on his 
DD Form 214 or DD Form 215.  Therefore, absent corroborating evidence confirming the applicant's account of how he received his injury (medical documentation, chain of command supporting letters, etc.), the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

3.  The applicant's desire to be awarded the Purple Heart based on his having qualified for service-connected benefits from the VA is acknowledged; however, award of the Purple Heart can not be granted solely because the applicant was granted service-connected benefits from the VA.  The criteria for award of the Purple Heart specified in the applicable regulation must be met in order that an award of the Purple Heart can be made.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___________x____________
      	CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080001480



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ABCMR Record of Proceedings (cont)                                         AR20080001480


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