BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100008482 


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 award of the Purple Heart and correction of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Military Outstanding Volunteer Service Medal (MOVSM).

2.  The applicant states he was medically retired for injuries received during his deployment.  He was not awarded the Purple Heart because his injuries were internal and he was not diagnosed with traumatic brain injury (TBI) until he was treated at the Tampa Department of Veterans Affairs (VA).  He received the MOVSM after he signed out of his unit and it needs to be added to his DD Form 214. 

3.  The applicant provides the following:

* An undated self-authored statement
* Three statements of support
* Six Standard Forms (SF) 600 (Chronological Record of Medical Care)
* Copies of Progress Notes printed at the Tampa VA Medical Center 
* Copies of Consult Requests printed at the Tampa VA Medical Center
* A VA Rating Decision
* A copy of his MOVSM certificate





CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 2 February 2000.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 21B (Combat Engineer).  He served through multiple extensions or reenlistments and attained the rank/grade of staff sergeant (SSG)/E-6.

2.  His records show he served in Iraq in support of Operation Iraqi Freedom from 16 February 2004 to 17 April 2005.  He was assigned to the 82nd Engineer Battalion.

3.  On 31 October 2005, he was assigned to the Tampa Recruiting Battalion, Tampa, FL as a recruiter.

4.  On 1 December 2009, U.S. Army Human Resources Command denied his request for award of the Purple Heart stating, “Because there was no documentation of the diagnosis and treatment of an injury(ies) caused by the enemy which was required of and provided by medical personnel, this does not meet the criteria for award of the Purple Heart.”

5.  On 11 December 2009, a physical evaluation board (PEB) convened at Fort Sam Houston, TX.  DA Form 199 (Physical Evaluation Board (PEB) Proceedings), dated 11 December 2009, item 8 (The board considered the member’s condition described in the records.  Each disability is listed below in descending order of significance) in pertinent part, shows the following:

* Post Traumatic Stress Disorder (PTSD), commander does not recommend retention; VA schedule for rating disabilities (VASARD) 4.129 applies for reexamination, recommended disability percentage 50%
* Left knee pain with medial meniscal ligament tear is not unfitting
* Positional vertigo is not unfitting; benign positional vertigo has been present for 4 years
* Post-concussion headaches, tinnitus, tendonitis right shoulder, right cubital tunnel syndrome, lumbar strain, gastroesophageal reflux disease (GERD), depression, and insomnia meet retention standards 

6.  The PEB recommended that he be placed on the temporary disability retired list and reexamined in September 2010.  On 30 January 2010, he was honorably retired by reason of temporary (enhanced) disability with a rating of 50 percent for PTSD.

7.  The applicant indicates in a self-authored statement, dated 8 April 2004, that while in Iraq the vehicle he was riding in was hit by an improvised explosive device (IED).  He lost consciousness for about 15 seconds then got sick.  He did not have any external wounds and his unit was not aware he sustained a TBI until he was treated by the Haley House VA in Tampa.

8.  In two statements of support dated 31 August 2009 and 1 September 2009, fellow Soldiers from his unit stated that on 8 April 2004 the vehicle he was in was hit by an IED, he was unconscious for a few seconds or minutes, and that he seemed alright at the time.  In a third statement of support dated 5 January 2010, a medical officer from MacDill Air Force Base, Tampa, FL confirms his diagnosis of TBI.

9.  He submitted the following documents:

	a.  SF 600 dated 10 April 2004, shows he was evaluated on this date for ringing in his right ear and diminished hearing since an IED exploded next to his vehicle two days prior.  It indicates, “No injury to body.  Vehicle windows shattered.  Has dizziness or lightheadedness since event.”  He was given Tylenol for his headache and advised to use hearing protection.

	b.  SF 600 dated 1 and 13 November 2004, shows he was treated for persistent headaches and dizziness that began when he was an IED explosion on 8 April 2001 and a second explosion occurring a few weeks earlier.

	c.  SF's 600 dated between 5 January 2009 and 11 February 2009, in part show he was treated for post-concussion syndrome, that he was receiving care for TBI complaints, and that he had a history of TBI.

	d.  Progress Notes printed on 4 June 2009, in part, show he continued to experience headaches, dizziness, and trouble concentrating.  These notes also show he had confirmed TBI due to multiple blast exposures in 2004.

	e.  Consult Requests printed on 24 February 2010, in part, show he was given a provisional diagnosis of mild TBI and he reported that he continued to experience black-outs, vertigo, and headaches.

   f.  A VA rating decision, dated 11 February 2010, shows service connection for PTSD with TBI (claimed as depression and insomnia) is granted with an evaluation of 50 percent effective 31 January 2010.
   
   g.  An MOVSM certificate that shows he received the award for contributing significantly in the development of young adults in the community for the period 17 August 2005 to 15 December 2009.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; and concussion injuries caused as a result of enemy generated explosions.  Examples of injuries or wounds which clearly do not justify award of the Purple Heart are frostbite or trench foot injuries; battle fatigue; accidental wounding not related to or caused by enemy action; and post traumatic stress disorders.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the MOVSM may be awarded to members of the Armed Forces of the United States who perform outstanding volunteer community service.  While there is no specific time period to qualify for the award approval authorities will ensure the service merits the special recognition afforded this medal.  Approvals will be commanders serving in the rank of lieutenant colonel or higher.  Recommendations for award of the MOVSM will be submitted through official military channels using the DA
Form 638 (Recommendation for Award).  The MOVSM is categorized as a service medal and as such no orders are issued to announce its approval. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded the Purple Heart for his TBI and his record should be corrected to show he was awarded the MOVSM was carefully considered.  There is sufficient evidence to grant relief.

2.  With respect to the Purple Heart, the evidence of record shows he lost consciousness and experienced nausea, dizziness, and vomiting immediately after the vehicle he was riding in was hit by an IED on 8 April 2004.  He sought treatment for his headache and dizziness within 2 days of the IED explosion.  Additionally, he again sought treatment on 1 November 2004 and 13 November 2004 for his persistent headaches and stated the headaches began months earlier, after he was in the first IED explosion and a second IED explosion occurring a few weeks earlier.

3.  He continued to experience headaches, dizziness, and memory problems and, in January 2009, he was diagnosed with TBI.  The preponderance of evidence supports his contention that his TBI resulted from the IED explosions on 8 April 2004 and early November 2004.  The TBI occurred as a result of an enemy generated explosion, he received medical treatment for TBI, and his medical treatment is a part of an official record.  Therefore he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

4.  With respect to the MOVSM, he provided a certificate that shows he was awarded the MOVSM; therefore, he is entitled to correction of his DD Form 214 to show this award. 

BOARD VOTE:

____x__  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Awarding him the Purple Heart for wounds received in action in Iraq on 8 April 2004
* Adding to his DD Form 214 the Purple Heart and MOVSM
* Providing him a document to show this change



      _______ _  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)                                         AR20100008482



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)