IN THE CASE OF:	  

		BOARD DATE:	 13 April 2011 

		DOCKET NUMBER:  AR20100022373 


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 through his Member of Congress.

2.  The applicant states, in effect, that based on Army Regulation 600-8-22 (Military Awards), the Purple Heart is authorized for wounds occurred in any action with an opposing armed force of a foreign country in which U.S. Armed Forces have been engaged.  An example of enemy-related injuries for award of the Purple Heart is concussive injuries as a result of enemy-generated explosions.

3.  The applicant provides:

* self-authored statement
* four memoranda
* two letters
* three statements of support
* memorandum for record
* medical documents/forms for the period 17 June 2006 through 4 November 2010
* Department of Veterans Affairs (VA) Form 10-583 (Claim for Payment of Cost of Unauthorized Medical Services)



CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 22 June 1988 and held military occupational specialty 89B (Ammunition Sergeant).  On 21 June 2005, he was mobilized as a member of his USAR unit in support of Operation Iraqi Freedom (OIF).

2.  He served in Iraq/Kuwait from 19 October 2005 to 27 August 2006.

3.  On 11 May 2007, he was honorably released from active duty by reason of completion of required active service.  He completed 1 year, 10 months, and 21 days of creditable active service.

4.  On 23 February 2010, U.S. Army Human Resources Command denied his request for award of the Purple Heart stating, "A review of the documents indicated SSG J____ was involved in an indirect-fire incident on or about 25 March 2006.  SSG J____ was treated and evaluated after the incident.  Therefore, it is the Consultant's medical opinion that the Soldier does not meet the medical criteria for the award of the Purple Heart."

5.  Irwin Army Community Hospital memorandum for record, dated 9 July 2010, states, in part, the Soldier's chief complaint is significant decrease in visual acuity of both eyes that began in December 2008 and progressed to where he can now only see shadows within close proximity to his face.  He was evaluated on 13 April 2010 and [the examining physician] concluded the Soldier's vision loss was likely related to post-concussive damage of the central nervous system.  Based on these findings, the applicant does not meet retention standards for vision.

6.  In a self-authored statement, dated 26 September 2010, the applicant states, in part, that he received a traumatic brain injury (TBI) from a mortar blast on 25 March 2006.  He suffered for 2 weeks before his symptoms were bad enough to go to the clinic.  He was examined and sent back to duty.  The symptoms got worse and he was sent to the hospital with a headache, nausea, dizziness, vision loss, abdominal pain, weight loss, and diarrhea.  He was flown to Landstuhl, Germany; nothing was found and he was sent back to the United States with no answers.  He was released to the VA as a critically-injured Soldier.  It was determined that he had a TBI, concussive damage, and severe cognitive deficit.  He lost his vision, he has dizzy spells and severe abdominal pain, he frequently falls down, and he must have a caregiver around him at all times.  He believes he has supplied documentation that states the concussive disorder was due to a TBI sustained from the enemy-generated explosion.  He requests that he receive a Purple Heart for the injuries he sustained and has to live with the rest of his life.

7.  In three statements of support, one undated and two dated 29 July 2008 and 5 August 2008, fellow Soldiers from his unit stated that the applicant and several other Soldiers were in a parking lot on the base at Balad, Iraq, on 25 March 2006 when incoming mortars hit the ground about 20 to 25 feet from where they were standing.  Some Soldiers hit the ground, others remained standing, and then they all took cover in a bunker.

8.  The applicant provides numerous medical documents/forms for the period 17 June 2006 through 4 November 2010.

	a.  A DA Form 2173 (Statement of Medical Examination and Duty Status), dated 17 June 2006, states he was treated at the Medical Clinic, Balad, Iraq, on 28 April 2006 for diarrhea and stomach cramps.  Item 30 (Details of Accident – Remarks) of this form states, "Injury, medical condition of food poisoning is considered to have been incurred in the line of duty."

	b.  A DA Form 2173, dated 17 January 2007, states he was treated at the Medical Clinic, Balad, Iraq, on 8 May 2006 for multiple welts and a rash on his back.  Item 30 of this form states, "They were diagnosed as insect bites."

	c.  A DA Form 2173, dated 17 January 2007, states he was treated at the Irwin Army Community Hospital, Fort Riley, KS, on 29 August 2006 for chronic diarrhea of unknown origin.  Item 30 of this form states, "On 29 August 2006, he was diagnosed with chronic abdominal pain, diarrhea, colitis, and clostridium difficile colitis; onset occurring while deployed."

	d.  A DA Form 2173, dated 17 January 2007, states he was treated at the Irwin Community Army Hospital, Fort Riley, KS, on 10 October 2006 for hearing loss.  Item 30 of this form states, "Soldier underwent an audiology evaluation upon return from Iraq in which it was determined he sustained a sensorineural hearing loss due to noise exposure while working at an airplane runway during his deployment."

	e.  A Gulf War Heath Center, Walter Reed Army Medical Center, Washington, DC, specialized care program summary, dated 16 February 2007, states, in part, "Soldier was deployed to Iraq for OIF; during his deployment he developed abdominal pain and diarrhea secondary to salmonella and was medically evacuated to Landstuhl, treated, and returned to theater where diarrhea and abdominal pain persisted due to antibiotic-induced clostridium difficile colitis which was later diagnosed and treated.  He also deployed to the Gulf War from December 1990 until April 1991.  He is referred for a history of persistent physical symptoms with onset after service in OIF and the Gulf War, including persistent abdominal pain, nausea, rash, ringing in the ears, headaches, loss of appetite, and foot pain."  The discharge diagnoses show "Multiple physical symptoms related to OIF/Gulf War service and include persistent abdominal pain, rash, tinnitus, tension headaches, loss of appetite, fatigue, xerosis [excessive dryness] of the upper/lower extremities, plantar fasciitis, sinusitis, bilateral hearing loss, and insomnia."

	f.  A McKennan Hospital and University Health Center, Sioux Falls, SD, electroencephalogram (EEG) report, dated 8 January 2008, states, "…patient with a history of TBI secondary to an explosion in 2006.  He has dizziness, headaches, and memory problems.  He also has post-traumatic stress disorder (PTSD), panic attacks, and nightmares….This EEG… is essentially normal for age and does not demonstrate overt epileptiform activities.  Minimal background disorganization is noted and may be related to drowsy state and, in and of itself, is not considered pathologic."

	g.  An Avera Sacred Heart Hospital, Yankton, SD, operative note, dated 16 May 2008, shows the applicant was treated at the pain relief clinic and received steroid injections for pain on 16 May 2008.  The diagnosis states, "degenerative joint and degenerative disc disease of the cervical spine and cervical spondylosis."

	h.  An Avera Sacred Heart Hospital emergency department note, dated 22 December 2008, shows he was treated in the emergency room for a persistent headache associated with decreased vision bilaterally.  The diagnosis states, "headache and visual distortion."  This form further states, "Negative exam.  As this is the second negative [computed tomography] brain scan in a short time period that is considered negative, consider other studies if needed.  Maxillary sinus inflammatory disease again seen… clinical correlation needed as sinus disease could contribute to symptoms."

	i.  A VA Hines Hospital, Central Blind Rehabilitation Center, Hines, IL, final summary, dated 18 June 2009, shows he was admitted to the center on 28 February 2009 for blind rehabilitation training and he was discharged on 16 May 2009.

	j.  A DA Form 2173, dated 2 February 2010, states he was admitted to Walter Reed Army Medical Center in August 2006 for mild TBI with vision loss.  Item 30 (Details of Accident – Remarks) shows the entry, "Ammunition specialist mobilized to Iraq experienced various attacks and explosion of improvised explosive device (IED) mortars at close range affecting Soldier's health; experiencing neck pain, dizziness, confusion, diarrhea, abdominal pain, nausea, and the sensation of 'seeing stars' after mortar explosion.  Soldier was not under my command before or after injuries/illnesses occurred."

9.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained 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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The criteria for award of the Purple Heart requires a Soldier to have been injured or wounded by hostile action, the wound must have required treatment by medical personnel, and the medical treatment for wounds or injuries received in action must have been made a matter of official record.

2.  The evidence of record shows that on 25 March 2006, the applicant and several other Soldiers were in Balad, Iraq, when incoming mortars hit the ground about 20 to 25 feet from where they were standing.  There is no evidence in the available record and the applicant did not provide conclusive evidence to show he received injuries/wounds as a result of this mortar attack or that he was treated by medical personnel for those injuries.

3.  The evidence of record shows he was was treated in Iraq in April 2006 for diarrhea and stomach cramps due to food poisoning and in May 2006 for multiple welts and a rash due to insect bites.  He was medically evacuated to Landstuhl [date unknown], treated for salmonella, and returned to theater where diarrhea and abdominal pain persisted.

4.  In October 2006, he was treated at Fort Riley, KS, for hearing loss due to noise exposure while working at an airplane runway during his deployment.

5.  In February 2007, he was treated at Walter Reed Army Medical Center for a history of physical ailments including antibiotic-induced clostridium difficile colitis, persistent abdominal pain, nausea, rash, ringing in the ears, headaches, loss of appetite, and foot pain.  He was diagnosed with multiple physical symptoms related to OIF/Gulf War service, including persistent abdominal pain, rash, tinnitus, tension headaches, loss of appetite, fatigue, xerosis of the upper/lower extremities, plantar fasciitis, sinusitis, bilateral hearing loss, and insomnia.

6.  A DA Form 2173, dated 2 February 2010, states he experienced various attacks and explosions of IED's at close range while deployed to Iraq causing neck pain, dizziness, confusion, diarrhea, abdominal pain, nausea, and the sensation of "seeing stars" after mortar explosions.  It further states he was admitted to Walter Reed Army Medical Center in August 2006 for mild TBI with vision loss.  

7.  However, there is no record of the applicant being admitted to or treated at Walter Reed Army Medical Center in August 2006 for mild TBI or vision loss.  The aforementioned form was completed 4 years after the applicant's deployment to Iraq by a commander who was not present during the deployment and contradicts medical documents provided by the applicant.

8.  In view of the foregoing, regrettably, there is insufficient evidence upon which to base award of the Purple Heart.

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 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)                                         AR20100022373



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022373



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1