BOARD DATE:	  9 January 2014

		DOCKET NUMBER:  AR20130011152 


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 reconsideration of his request for a second award of the Purple Heart.  

2.  He states:

	a.  He received the first award of the Purple Heart for concussion injuries that occurred on 23 May 2004.

	b.  He didn't receive the second award of the Purple Heart for concussion injuries he received on 28 June 2004 because he was told there was no way to know if his traumatic brain injury (TBI) was caused by the first or second blast or whether it was just a re-injury.  

	c.  He believes it doesn't matter if it was a re-injury.  He contends he was wounded by a blast then wounded again a month later.  Therefore, he should be awarded a second Purple Heart.

	d.  The U.S. Army Human Resources Command (HRC) told him that he had been awarded one Purple Heart for his deployment, which should not matter.  

3.  He provides:

* self-authored statement
* Purple Heart Certificate and Permanent Order 269-04 pertaining to a former fellow Soldier
* DA Form 638 (Recommendation for Award) 
* Standard Form (SF) 600 (Chronological Record of Medical Care)
* DD Form 2697 (Report of Medical Assessment)
* Consult Requests
* Progress Notes
* Letters from the Department of Veterans Affairs

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130003459 on 21 March 2013.

2.  The applicant provided new medical documentation and arguments that will be considered by the Board.

3.  Having had prior enlisted service, the applicant was appointed as an infantry Reserve commissioned officer of the Oklahoma Army National Guard (OKARNG) on 31 July 1993.  Upon completion of active duty training, he was awarded specialty 11A (Infantry).  

4.  He was ordered to active duty on 19 September 2003 in support of Operation Enduring Freedom and he subsequently served in Afghanistan from 14 November 2003 to 2 August 2004.  He was honorably REFRAD on 10 September 2004.  His DD Form 214 for this period does not show any awards of the Purple Heart.  

5.  He provided:

	a.  A DA Form 638, dated 15 July 2004, recommending him for the Army Commendation Medal (5th Award).  This form is not signed by the approval authority.  In Part III (Justification and Citation Data), block 20, Achievement 4 indicated "On 28 Jun 04, CPT [applicant's name] was struck by an Improvised Explosive Device (IED) in route to Herat.  Although dazed from the concussion of the explosion, he provided dismounted security until a stricken vehicle was recovered, casualties were treated, and the convoy started moving again…"

	b.  A DD Form 2697, dated 2 August 2004, indicated he had been seen or treated for nose bleeds since May [2004], back and knee pain, and some headaches and dizziness.  He also indicated he hurt his knee in Bosnia in 2000 and reinjured it in Afghanistan in May.  The healthcare provider indicated the applicant:
* developed back pain from combat service
* had nose bleeds every other day which started after May 2004 combat service and got worse after June 2004 during a roadside bomb strike
* reported intermittent headaches and dizziness
* was given medication for back and headaches and also given medication for headaches after the late June 2004 blast
* returned to duty after May and late June blast exposure and injuries
* developed left knee pain after jumping from a truck

	c.  An SF 600, dated 18 August 2006, where the physician noted "while in Afghanistan he dismounted a truck and goes on and felt his knee twist on impact on the ground."  The physician stated he interviewed the applicant shortly after the incident in Afghanistan and stated "Incidentally the medical records did not make it back to the U.S. when our unit returned." 

	d.  A VA rating decision, dated 1 February 2007, that shows he was awarded service-connected disability compensation for chronic lumbar strain, internal derangement of the left knee, and chronic sprain, left foot.  

	e.  A VA rating decision, dated 11 August 2010, that shows he was awarded service-connected disability compensation for post-traumatic stress disorder (PTSD), vertigo associated with residuals of TBI tinnitus, residuals of TBI, and bilateral hearing loss

	f.  A VA rating decision, dated 5 October 2010, that shows his service-connection for PTSD, degenerative joint disease of the lumbar spine, internal derangement of the left knee, tinnitus, residuals of TBI, and bilateral hearing loss has not been changed. 

	g.  A VA rating decision, dated 13 January 2011, that shows he was awarded service-connected disability compensation for PTSD, vertigo associated with residuals of TBI, bilateral hearing loss, and degenerative joint disease.  

	h.  Consult Results, printed on 25 February 2011, that shows he underwent a TBI evaluation.  These reports provided a history of an incident that occurred in March 2004.  The applicant jumped out of a deuce (2.5 ton truck) with all his gear on and hurt himself.  He previously injured his left knee and his knee gave when he landed.  He fell on his back and his head with his Kevlar on.  As he got up, the explosion knocked him down again and onto his back.  He developed a nose bleed that later occurred weekly.  In June 2004, an IED exploded in front of his humvee.  He fell twice due to dizziness after exiting the humvee.  He made it to the aid station 2 days later with return to duty.


	i.  An award certificate and Permanent Order 269-04, dated 25 September 2012, belonging to Sergeant Major (SGM) D.E.B, awarding him the Purple Heart for wounds received in action on 28 June 2004.

	j.  A self-authored statement, dated 9 September 2013, appealing this Board's decision to deny him a second award of the Purple Heart.  He stated he had new evidence including a Purple Heart award certificate and a witness statement from Command Sergeant Major (CSM) D.B. regarding the incident.  He described the incident by stating the CSM rode on the passenger side of the vehicle behind him, was wounded, and received the Purple Heart for this incident.  In fact, the CSM treated him on the spot because he was the acting medic.  He stated he was in a vehicle on the passenger side, 15 meters in front of the CSM's vehicle, and therefore he was closer to the blast.  He argued that the denial letter states he wasn't close to the event and the treatment must have been a matter of official record.  He has provided a DD Form 2697 that shows he received treatment just 37 days after the event.  He had other medical records, but they were lost during redeployment.  He further stated he has provided a form from the Battalion Surgeon who mentions the missing medical records and an award recommendation for the Army Commendation Medal.  The Board's proceedings misquoted a witness statement on page 3, item b and indicated "he fell from the truck as he was trying to dismount it."  However, he did not fall from the truck and the Board members should understand the affects of blast exposure.  He explained that he had a concussion from the blast exposure and briefly lost consciousness.  When he woke up, he stepped from the vehicle and fell.  His ears were ringing, he was dizzy, and he has a service-connected rating from the Department of Veterans Affairs for vertigo, residuals of TBI.  Also, he stated his nose bled, he was treated by a medic, and he went to the aid station in Herat and again a few days later when he returned to his base.  He claimed he didn't trip over a rock "fall" to the ground.

6.  On 6 April 2012, HRC published PO Number 097-21 awarding him the Purple Heart for wounds received as a result of hostile action on 23 May 2004.

7.  On 4 April 2013, a DD Form 215 (Correction to DD Form 214) was issued to add one award of the Purple Heart, among other awards, to his DD Form 214.

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



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows HRC published orders on 6 April 2012 awarding the applicant the Purple Heart for wounds received in action on 23 May 2004.  As a result, he was issued a DD Form 215 that amended his 
DD Form 214 for the period ending 2004 to show one award of the Purple Heart.

2.  The applicant's service record does not contain orders that awarded him a second award of the Purple Heart.  However, he provided medical documents showing he was treated for nose bleeds, back and knee pain, and some headaches and dizziness.  The medical documentation provided by the applicant also shows he reinjured his knee in Afghanistan after he dismounted a truck.

3.  In the absence of evidence indicating he was wounded a second time while in Afghanistan, there is an insufficient evidentiary basis for adding a second award 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 to amend the decision of the ABCMR set forth in Docket Number AR20130003459, dated 21 March 2013.



      ___________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)                                         AR20130011152



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ABCMR Record of Proceedings (cont)                                         AR20130011152



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