IN THE CASE OF: 

		BOARD DATE:    22 August 2013 

		DOCKET NUMBER:  AR20130012674 


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 for injuries sustained during Operation Iraqi Freedom (OIF).

2.  The applicant states:

	a.  The wound he sustained during OIF was from an enemy improvised explosive device (IED).  His finger was dislocated and contained shrapnel.  As a result of this injury medical treatment was required.  All of the documentation he presents clearly indicates the medical attention he received.  He still has the shrapnel in this finger.

	b.  Due to the high-mission tempo and the casualties the unit sustained at the time of his injury he opted to leave the shrapnel in the finger and continue to complete the missions.  During this difficult time his Purple Heart packet was never submitted.  

	c.  After numerous attempts to submit the packet, he finally received his denial letter from the U.S. Army Human Resources Command Awards Branch.  He is now exercising his last option and to submitting it to the Board.

 3.  The applicant provides copies of:

* his 6 August 2004 active duty orders
* 29 December 2004 deployment orders for Company D, 184th Infantry Battalion
* a 17 November 2005 Chronological Record of Medical Care
* 16 November 2006 3rd Infantry Division Casualty Line Report
* 21 December 2005 DA Form 2173 (Statement of Medical Examination and Duty Status)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* 16 January 2006 Chronological Record of Medal Care
* 9 September 2007 DA Form 2823 (Sworn Statement), E-4, Gregg T. F____
* 9 September 2007 DA Form 2823, E-4 Wayne G. G____
* 9 September 2007 DA Form 2823, E-5 Jesse W, F____
* his 14 April 2008 DA Form 2823 
* 13 October 2010 Department of Veterans Affairs (VA) Progress Notes 
* a 14 April 2008 DA Form 4187 (Personnel Action) showing the applicant was recommended for the Purple Heart
* a 22 March 2011 email, Subject:  Purple Heart
* a 19 May 2011 letter to his Member of Congress
* 15 July 2011 letter from the Inspector General Western Regional Medical Command, Joint Base Lewis-McChord
* a 7 March 2012 National Guard Memorandum, Subject:  Request for the Purple Heart

CONSIDERATION OF EVIDENCE:

1.  The applicant, a member of the California Army National Guard (CAARNG), served on active duty from 16 August 2004 to 7 February 2006.  He was honorably released from active duty as a specialist.  He had completed 1 year, 5 months, and 22 days of active service during the period covered by the DD Form 214.

2.  His 7 February 2006 DD Form 214 shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Commendation Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Armed Forces Reserve Medal with "M" Device, Combat Infantryman Badge, and the Iraq Campaign Medal; and  
 
	b.  item 18 (Remarks) Service in Iraq 11 February 2005-12 January 2006.

3.  He provides copies of:

	a.  A 17 November 2005 Chronological Record of Medical Care which shows he was seen at the 703d Forward Support Battalion (FSB):
		(1)  Selected Reason for Visit:  Injury due to terrorism.

		(2)  Comments:

* Injury due to IED blast
* NKDA (No known drug allergies) 
* Pt. was vehicle gunner and was struck on left index finger by shrapnel
* Pt. states:  "my neck is sore.  My eyes feel like a burning sensation, my ears are slightly muffled to sound, and I feel a bit lightheaded"
* Pt. was returning to FOB Falcon from patrol and was struck by IED  

		(3)  Objective (Findings):  "LT index finger:  very small puncture wound to dorsal surface over proximal pip, no erythema (redness of the skin, inflammation)."

		(4)  "INJURY FROM TERRORIST EXPLOSION SHRAPNEL FRAGMENTS."

	b.  16 November 2005 3d Infantry Division Casualty Line Report showing he was involved in a hostile IED attack on 16 November 2005 during a combat patrol near Baghdad, Iraq.  He received a shrapnel wound to his left index finger (penetrated gloves, skin and dislocated joint). 

	c.  A 21 December 2005 DA Form 2173 shows the applicant was seen as an outpatient on 17 November 2005 at the 703d FSB, Baghdad, Iraq.  He was a gunner in a vehicle and was struck on the left index finger from an IED explosion on 17 November 2005.  

	d.  A 14 January 2006 Chronological Record of Medical Treatment which shows the reason for the appointment as "Left index finger."  Tests taken showed "XRAY:  LIF WITH SMALL (1MM) METALLIC FRAGMENT.  JOINT CONCENTRICALLY REDUCED WITHOUT SIGNS OF DEGENEREATION [sic]

	e.  A 9 September 2007 DA Form 2823, from E-4 Gregg T. F____, who states he was the driver of the vehicle when it was hit by multiple pieces of shrapnel from an IED.  The applicant was received shrapnel to his left index finger and it was bleeding and swollen.  The applicant continued with the mission and received medical attention later.

	f.  A 9 September 2007 DA Form 2823 from E-4 Wayne G. G____, who states that on 17 November 2005 an IED exploded and the applicant took shrapnel to his left index finger.   

	g.  A 9 September 2007 DA Form 2823 from E-5 Jesse W. F____, who states he was the track commander of the applicant's vehicle when they were struck by an IED.  After being struck he was informed the applicant had a shrapnel wound to his left index finger.  The applicant informed him that the movement and control of the finger were very limited and it was swollen.  He inspected the applicant's hand and saw minor bleeding.  The applicant was sent for treatment upon return to their base.

	h.  A 14 April 2008 DA Form 2823 in which the applicant states that on 
17 November 2005, in Baghdad, Iraq, he was hit by an IED.  After the explosion he informed his track commander (TC) that he was hit by a piece of shrapnel on his left index finger.  He removed his glove and saw he was bleeding.  His finger was swollen and he had limited movement.  He reported to the troop medical clinic and an examination and x-rays revealed the shrapnel penetrated to his bone and dislocated his finger. 

	i.  A 15 April 2008 DA Form 4187 showing the applicant was recommended for award of the Purple Heart for injuries he sustained as a result of an enemy IED against a vehicular patrol on 17 November 2005.  The form shows the battalion commander recommended approval, but there is no indication that the award was approved or disapproved.

	j.  A 22 March 2011 email note from the Chief Combat Awards Section, National Guard Bureau (NGB),  in which the applicant was informed:  "Attached you will find a copy of your Purple Heart denial letter from HRC.  I am not sure why you haven't received it.  Never the less [sic], in your e-mail you state that you feel you meet all three requirements.  Although you received treatment by a medical office [sic]; a medical office has reviewed all documents provided, and determined that your injury did not require treatment by a medical officer at the time of injury.  The main point outlined in the regulation is that it must have required treatment by a medical officer.  On all medical documentation provided, your wound only required cleaning, and your injury had no etrythema [sic] (redness of the skin).  You were given Cephalexin, a [sic] antibiotic, which was a preventative measure but was not a requirement."   

	k.  A 19 May 2011 letter to the applicant's Member of Congress in which he 
requests assistance in his efforts to be awarded the Purple Heart.  He states he meets all the criteria for the award but has been denied.  He provides his background as a Soldier including his assertion he refused to be medically evacuated after the attack.  He further states that the Purple Heart is an award that a Soldier who has been injured and meets all the criteria stipulated in the regulation is entitled to - no matter how big or small the wound.  The regulation does not state that the puncture wound must be of a certain size or gravity in order to be deserving of the award.  Furthermore, it does not state erythema [sic] must be present in order to justify the award, and it doesn't indicate that a specific type of medication or antibiotic must be issued in order to be deserving of the award.

	l.  A 15 July 2011 letter from the Detailed Inspector General, Western Regional Medical Command, in which the applicant is informed that an inquiry was conducted by that office into his complaint and it was determined that his complaint was not Inspector General appropriate because of redress procedures available through the Army Board for Correction of Military Records.

	m.  A 7 March 2013 memorandum from the Chief, Awards Section, NGB, which informs The Adjutant General, CAARNG, that the applicant's request to be awarded the Purple Heart had been reviewed and was being returned without action.  The memorandum shows that HRC disapproved the applicant's request in 2010.  According to the medical documentation submitted with the applicant's request he was given Cephalexin to prevent bacteria and returned to duty without limitations.  Therefore, this does not meet the criteria for the award of the Purple Heart.

4.  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 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 applicant contends he meets the criteria and is entitled to the Purple Heart.  

2.  In the 17 November 2007 record of medical care he reported "my neck is sore, My eyes feel like a burning sensation, my ears are slightly muffled to sound, and I feel a bit lightheaded."  He was returning to FOB Falcon from patrol and was struck by an IED.  The treating medical personnel noted in the Objectives (findings) "LT index finger:  very small puncture wound to dorsal surface over proximal pip, no erythema."

3.  A 16 November 2005, 3d Infantry Division Casualty Line Report shows he was involved in a hostile IED attack on during a combat patrol near Baghdad, Iraq.  He received a shrapnel wound to his left index finger (penetrated gloves, skin and dislocated joint).   
4.  He sustained a wound from an enemy IED blast.  His left index finger had a small puncture wound and was dislocated.  His wound required treatment and there is a record of the treatment.

5.  There is no regulatory provision for a medical review to determine if received medical treatment was "necessary."

6.  In view of the above he is entitled to be awarded 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 the evidence presented is 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 November 2005 and adding the award to his DD Form 214 for the period ending 7 February 2006. 



      _______ _ 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)                                         AR20130012674



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