IN THE CASE OF:
BOARD DATE: 3 February 2015
DOCKET NUMBER: AR20140010153
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 should be awarded the Purple Heart due to the traumatic brain injury (TBI) he incurred in Iraq.
3. The applicant provides a one-page extract of Progress Notes from his Department of Veterans Affairs (VA) medical records.
CONSIDERATION OF EVIDENCE:
1. After having prior periods of honorable service in the Army National Guard and Air Force, the applicant enlisted in the U.S. Army Reserve (USAR) on 30 October 2003.
2. On 16 December 2006, he was ordered to active duty for a period of 534 days in support of Operation Enduring Freedom.
3. U.S. Army Human Resources Command Orders A-05-809714, dated 23 May 2008, show the applicant was retained on active duty to participate in the Reserve Component Warriors in Transition Medical Retention Processing Program for the completion of medical care and treatment.
4. On 27 August 2008, the applicant was honorably released from active duty. His DD Form 214 for the period ending 27 August 2008 shows his service in Kuwait/Iraq from 28 February 2007 to 20 May 2008 and medical retention processing service from 21 May 2008 to 27 August 2008. This form does not show he was awarded the Purple Heart.
5. Headquarters, 63d Regional Support Command Orders 12-124-00044, dated 3 May 2012, honorably released him from the USAR effective 3 May 2012 for being medically disqualified for retention.
6. The applicant provided VA Progress Notes, dated 4 June 2014, that show a printout of his problem list from his medical record as follows:
* rheumatoid arthritis
* depressive disorder not otherwise specified
* aortic valve insufficiency
* intracranial injury of other and unspecified nature, without mention of open intracranial wound
* post-traumatic stress disorder
* pure hypercholesterolemia
* syncope
* obstructive sleep apnea
* epigastric abdominal pain
* bereavement
* personal history of TBI
* cognitive disorder not otherwise specified
* herpes zoster
* obesity
* chest wall pain
* adjustment disorder with mixed anxiety and depressed mood
7. His records are void of and he failed to provide medical evidence showing he was injured as a result of hostile action.
8. 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 military medical personnel, and the medical treatment must have been made a matter of official record.
DISCUSSION AND CONCLUSIONS:
1. The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was sustained in action against an enemy or as a result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.
2. The applicant's DD Form 214 for the period ending 27 August 2008 shows his service in Kuwait/Iraq from 28 February 2007 to 20 May 2008 and medical retention processing service from 21 May 2008 to 27 August 2008 clearly indicating he required medical treatment for an injury or illness incurred while serving in Iraq.
3. Although he provided VA Progress Notes listing his current medical conditions issued nearly 6 years after his release from active duty, this document does not identify the circumstances leading to or the duration of these medical conditions.
4. Notwithstanding his sincerity, in the absence of documentation that conclusively shows he was wounded or injured as a result of hostile action, treated for those wounds/injuries, and his treatment was made a matter of record, 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) AR20140010153
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ABCMR Record of Proceedings (cont) AR20140010153
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