IN THE CASE OF:
BOARD DATE: 22 March 2012
DOCKET NUMBER: AR20110019168
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.
2. The applicant states he was injured in Iraq and sustained a blast injury with a concussion in March 2003. He states he was awarded the Purple Heart but the orders were not approved. He was previously denied the Purple Heart but has been notified that the criteria for the award changed and under the new criteria he qualifies for the award.
3. The applicant provides copies of:
* letter from the Army Review Boards Agency (ARBA), dated 13 July 2011
* his letter to ARBA dated 19 September 2011
* DD Form 149 (Applications for Correction of Military Records), dated 2006
* Article from USA Today "More Purple Hearts after Army Clarifies Concussion", dated 21 March 2011
* DA Form 4700 (Medical Record Supplemental Medical Data), dated
25 August 2004
* SF 600 (Chronological Record of Medical Care, dated 18 October 2004
* Department of Veterans Affairs (VA) Decision Review, dated 1 January 2009
* VA letter to him, dated 3 February 2009
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 1 July 2002. He completed training, to include Basic Airborne training, and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
2. His DD Form 214 shows in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), no Purple Heart.
3. A DA Form 4700, dated 25 August 2004, shows he failed a hearing screening and reports a history of RPG (rocket propelled grenade) attacks and firefights in Operation Iraqi Freedom (OIF). He had trouble hearing in his right ear, occasional tinnitus, dizziness, a family history of hearing loss, and a history of ear infections as child. He shoots his weapon from right shoulder. Additional comments show he was diagnosed with right ear asymmetric moderately severe high frequency hearing loss and left ear moderate high frequency sensorial hearing loss. He was advised to use ear plugs in hazardous noise and issued an H-3 profile.
4. A SF 600, dated 18 October 2004, shows the applicant's complaint at screening was that he was in RPG and firefights in OIF. His chief complaint was asymmetric hearing loss and moderate HF (high frequency) hearing loss. He was cleared for hearing aids.
5. The 26 January 2009 decision Review from the VA granted the applicant "Service Connected, Gulf War Incurred" for several issues, to include, Post Traumatic Stress Disorder (PTSD), migraine and tension headaches, and tinnitus.
6. In support of his request he provides a copy of an article from the USA Today that states "The Army will allow more battlefield concussions to be eligible for a Purple Heart." The article also states "The new rules spell our precisely what constitutes a concussion, with symptoms such as momentary loss of consciousness or memory, dizziness, headache, nausea, or light sensitivity. Medical treatment, also required for the medal, is defined by the rules to include merely rest and Tylenol."
7. Army Regulation 600-8-22 (Military Awards) 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be awarded the Purple Heart as he was injured in Iraq and sustained a blast injury with a concussion in March 2003.
2. While the evidence shows the applicant complained of hearing loss following an RPG attack and firefights, there is no substantiating evidence to verify the applicant was treated for a wound received in action against an enemy or as a result of hostile action.
3. In view of the foregoing, there is insufficient evidence to support the applicant's request for adding of the Purple Heart to his DD Form 214.
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) AR20100000172
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ABCMR Record of Proceedings (cont) AR20110019168
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