IN THE CASE OF:	  

		BOARD DATE:	    16 January 2014

		DOCKET NUMBER:  AR20130006850 


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.  She states she has been diagnosed with a Traumatic Brain Injury (TBI).  She came under mortar attack on 18 September 2003 as noted on her DA Form 4187 (Personnel Action), dated 8 January 2006.

3.  She provides:

* Department of Veterans Affairs (VA) Rating Decision
* History and Physical Examination notes
* Two memoranda
* DA Form 4187
* DA Form 2173 (Statement of Medical Examination and Duty Status)
* Standard Form (SF) 600 (Chronological Record of Medical Care)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve on 23 June 1992.  She was ordered to active duty for training (ADT) on 8 June 1993.  At the completion of ADT, she was awarded military occupational specialty (MOS) 94B (Food Service Specialist).  This MOS was later reclassified to MOS 92G.  

2.  She was ordered to active duty on 4 February 2003 in support of Operation Enduring Freedom and served in Southwest Asia (SWA) from 7 April 2003 to 9 April 2004.
3.  She was released from active duty on 9 May 2004 after completion of 1 year, 3 months, and 6 days of active duty service.  Her DD Form 214 issued for this period does not show award of the Purple Heart.

4.  She provided the following documents:

	a.  An SF 600, dated 18 September 2002 (i.e., 2003) which shows she suffered possible hearing loss.  The medical document noted she was 10 feet away when a mortar hit, she experienced little ringing and muffing effect in her ear, and had pain down her jaw line and right ear.  

	b.  An SF 600, dated 8 October 2003, which shows she was treated for pain in her right ear.  This medical document noted her ear was still popping and the pain down her neck and jaw was tender.  

	c.  A DA Form 2173, dated 14 March 2004, which was initiated based on an injury she sustained on 18 September 2003.  The DA Form 2173 shows she sustained hearing loss after an exploding round landed in the military compound.  The event occurred while she was serving on active duty status, deployed to SWA.  Mortars hit the chow hall in which she was working and hit approximately 10 feet from her which affected her hearing.  This form shows the physician rendered a presumptive determination that the applicant's injury was incurred in line of duty (LOD).  No formal LOD was completed.

	d.  A DA Form 4187, dated 8 January 2006, was submitted by her company commander for recommendation for award of the Purple Heart to the applicant.  In Section IV (Remarks), the company commander noted that on 18 September 2003 the applicant was working as a cook in the dining facility at Log Base Seitz, Bagdad International Airport, Iraq when the facility was hit with enemy mortar fire.  A mortar exploded next to the window of the dining facility where the applicant was located, sending glass and shrapnel throughout the facility.  The explosion caused hearing loss and pain in her neck and jaw.  The applicant was treated at 109th Area Support Medical Battalion, Bagdad International Airport, Iraq where physicians diagnosed her with regular popping of her right ear.  A hearing test was conducted at the medical facility in Camp Doha, Kuwait on 18 March 2004 that concluded the mortar attack resulted in hearing loss to the applicant.

	e.  A memorandum, undated, showing the commanding officer, Headquarters, U.S. Army 90th Regional Readiness Command, North Little Rock, AR, recommended approval of the request for award of the Purple Heart. 


   f.  A memorandum, dated 8 June 2006, disapproved the request for award of the Purple Heart to the applicant for injuries received while deployed in support of Operation Iraqi Freedom.  The memorandum indicated the request was submitted to the Office of The Surgeon General to determine if the medical documentation meets the criteria for award of the Purple Heart.  Unfortunately, the Office of The Surgeon General determined the request did not meet the criteria for award of the Purple Heart.  
   
   g.  History and Physical Examination notes, dated 15 December 2011, lists several medical active problems which include positive TBI.
   
   h.  A VA Rating Decision, dated 4 December 2012, she was granted service-connection for TBI with memory loss with an evaluation of 40 percent.

5.  Army Regulation 600-8-22 (Military Awards) states 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 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.

6.  Military Personnel (MILPER) Message Number 11-125, issued by HRC, Fort Knox, dated 29 April 2011, informed all members of the Army that the Secretary of the Army had approved Army Directive 2011-07 (Awarding the Purple Heart).  The directive provides clarifying guidance to ensure the uniform application of advancements in medical knowledge and treatment protocols when considering recommendations for award of the Purple Heart for concussions (including mild traumatic brain and concussive injuries that do not result in a loss of consciousness).  Diagnosis of concussion or mild TBI are examples of signs, symptoms, or medical conditions documented by a medical officer or medical professional that meet the standard for award of the Purple Heart.  This message does not change the standards for award of the Purple Heart for concussion injuries.  This policy is retroactive to 11 September 2001.  

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to award the Purple Heart it is necessary to establish the Soldier was wounded in action, the wound required treatment by a medical officer, and the treatment record must have been made a matter of official record.

2.  The evidence of record indicates she sustained hearing loss in her right ear when a mortar hit in the vicinity of where she was working as a cook in the dining facility in Iraq.  The mortar explosion caused hearing loss and pain in her neck and jaw.  

3.  The 8 June 2006 memorandum from HRC shows the records in this case were reviewed in the Office of The Surgeon General.  However, the Office of The Surgeon General determined the request did not meet the criteria for award of the Purple Heart.  

4.  However, in April 2011 policy was changed so that now a diagnosis of concussion or mild TBI are signs, symptoms, or medical conditions that meet the standard for award of the Purple Heart.  The applicant provided evidence, dated December 2001, that shows she has several medical problems including positive TBI.  As the symptoms of TBI may take some time to manifest, it is accepted that her TBI was the result of the mortar explosion and, therefore, she meets the revised eligibility criteria for award of the Purple Heart.

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 her the Purple Heart for injuries received in action on 18 September 2003 and adding the Purple Heart to her DD Form 214 for the period ending       9 May 2004.



      __________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)                                         AR20130006850





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ABCMR Record of Proceedings (cont)                                         AR20130006850



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