BOARD DATE:	  28 May 2015

		DOCKET NUMBER:  AR20140010453 


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:

	a.  her request for award of the Purple Heart was denied by a letter from the U.S. Army Human Resources Command (HRC) Fort Knox, KY, Awards and Decorations Branch.  This agency cited Army Regulation 600-8-22 (Military Awards), paragraph 2-8h(7), which states "Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action."

	b.  she believes there has been a misunderstanding in regard to how she obtained her injuries.  Her evidence shows that she was on a combat patrol on 20 November 2008 while in Mosul, Iraq and she was struck by an Improvised Explosive Device (IED) causing injury.  

	c.  the HRC disapproval letter cites the paragraph "accidents and accidental wounding not caused by the enemy."  Her injuries were clearly caused by the enemy in which she was also awarded the Combat Action Badge for "Actively engaging or being engaged by the enemy."



3.  She provides:

* Self-authored statement, dated 8 June 2014
* Memorandum for Record, Subject:  Supporting Documentation for Mrs. [applicant's name] (Sergeant W_____)
* Letter of support, dated 6 January 2013
* Five DD Forms 689 (Individual Sick Slip)
* Neuropsychological Consultation, dated 2 April 2014
* Two active duty orders, dated 1 April 2008 and 25 June 2008
* Orders, dated 4 December 2008, awarding her the Combat Action Badge
* DA Form 2-1 (Personnel Qualification Record)
* Letter, dated 10 January 2014, from HRC, Fort Knox, KY 
* Letter, dated 13 August 2013, request award of the Purple Heart
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 12-231-00011, dated 18 August 2012, discharging her from the U.S. Army Reserve

CONSIDERATION OF EVIDENCE:

1.  After having prior active and inactive service, the applicant enlisted in the U.S. Army Reserve on 7 September 2005.  

2.  On 25 June 2008, she was ordered to active duty in support of Operation Iraqi Freedom and she subsequently served in Iraq/Kuwait from 19 August 2008 to 9 June 2009.  

3.  She was released from active duty on 3 July 2009.  Her DD Form 214 for this period does not show award of the Purple Heart.

4.  She provided the following documents:

   a.  Her DA Form 2-1, which does not list award of the Purple Heart in block 9 (Awards, Decorations and Campaigns).

   b.  Permanent Orders 339-008, dated 4 December 2008, which show she was awarded the Combat Action Badge for actively engaging or being engaged by the enemy on 20 November 2008.
   
   c.  Five DD Forms 689 dated from December 2008 to March 2009, which show she was on sick call for pain in her right shoulder and for a headache.  

	d.  A memorandum, dated 20 May 2011, from the company commander of the 302nd Military Police Company, Grand Prairie, TX who provided confirmations that took place in November 2008 and beyond in Mosul, Iraq regarding the applicant.  The commanding officer stated that the Platoon Leader for the 2nd Platoon, 302nd Military Police Company deployed to Mosul, Iraq and the applicant was a member of his 1st Squad.  On or about 20 November 2008, the applicant's vehicle was struck by an IED while on patrol in downtown Mosul, Iraq.  The applicant sustained back and neck pain from the incident as well as severe headaches.  In February 2009, the applicant's lingering pain and discomfort from the incident gave him no choice but to remove her from combat missions with 1st Squad.  The applicant was reassigned to work in the Tactical Operations Center (TOC) where she supported the company's Operations Cell.  The applicant's persistent injuries forced her to serve the remainder of the deployment in the TOC.  

   e.  Orders 12-231-00011 issued by Headquarters, 63rd Regional Support Command, Mountain View, CA on 18 August 2012, which show she was ordered to be discharged from the U.S. Army Reserve, effective 6 September 2012.

	f.  A letter, dated 6 January 2013, from her former squad leader during their deployment in Iraq from 2008 to 2009, who stated the applicant served admirably in Mosul, Iraq with the 302nd Military Police Company, 2nd Platoon, 1st Squad.  During this time, the applicant was assigned as a driver of Alpha Team and used the call sign of 2-1A.  On 20 November 2008, the 2nd platoon, 1st squad was assigned to a routine patrol in Western Mosul that consisted of four armored high mobility multipurpose wheeled vehicles.  When the applicant's team crossed route Toyota, they were struck by an IED on their rear driver's side.  After he confirmed that there were no critical injuries, they relocated to a safe location to further inspect personnel and equipment.  During this time, all occupants of team 2-1A complained of headaches.  They then relocated to forward operating base (FOB) Marez to have medical personnel examine all three Soldiers.  The applicant also commented that she had shoulder and neck pain.  The applicant was relocated to their company TOC, received basic medical attention, and completed a DA Form 2823 (Sworn Statement).  The applicant continued to experience pain in her neck and shoulder between November 2008 and February 2009 and was transferred to the TOC in March 2009 due to her injuries.  The applicant no longer performed any combat missions outside of FOB Marez.  

	g.  A letter, dated 13 August 2013, in which she submitted a request for award of the Purple Heart.  She stated she was stationed at FOB Marez in Mosul, Iraq on 20 November 2008.  At approximately 1535 hours, her team, which was the last vehicle in the convoy of four, was travelling eastbound on Route Porsche just past Route Toyota.  At that time, a huge blast occurred causing her to see stars.  As the driver of the vehicle, she took control of the vehicle to keep it from heading left into the center divider.  She looked in her driver side mirror and saw a huge black cloud of smoke rising behind the vehicle.  She checked to see if everyone in the vehicle was alright then they proceeded to a safe place to assess any injuries or vehicle damage.  At that time, they all complained of headaches and there was only slight damage to their vehicle.  Upon returning to the FOB and downloading their gear, she felt a pop and started to feel pain immediately in her right shoulder, back, and neck.  Her team was then requested to report to the company TOC to report what had happened and to see the company medics.  They explained to the medics the pain that they were experiencing and they were given Motrin.  They could not access medical care due to the time of day that this occurred.  She eventually went on sick call a few days later for her pain and an 
x-ray, which showed she had no broken bones and she was given Flexeril and 
Tylenol 3.  She continued to have pain so she went back to sick call in January 2009 where she started therapy and trigger point injections in conjunction with taking the medications, to no avail.  By March 2009, she was eventually pulled off of missions by her doctor due to not being able to wear body armor or ACH and was reassigned by her commander to the company TOC for the duration of the deployment.  She also continued therapy and medications upon returning from deployment.  As of 16 August 2013, she was still being treated by the Dallas Department of Veterans Affairs (VA) for the constant headaches, neck and back pain.  She had shoulder surgery on 5 May 2013.

   h.  A letter, dated 10 January 2014, from the Assistant Chief, Plans and Operations Officer Military Awards Branch, HRC who stated that the request for award of the Purple Heart to the applicant was disapproved.  The official stated that based on the information provided, the medical documentation did not support a relationship of combat to injury; therefore, she did not meet the Purple Heart criteria in Army Regulation 600-8-22, paragraph 2-8h(7).  The official also stated that while they do not doubt the validity of her injury, a request for award of the Purple Heart has several regulatory requirements not met by the documentation provided.
   
   i.  A Neuropsychological Consultation, dated 2 April 2014, in which a civilian neuropsychologist, Director of the Neuropsychology Clinic, UNT Health Science Center evaluated the applicant and gave her a diagnostic impression of a mild neurocognitive disorder due to traumatic brain injury (TBI), depression (not otherwise specified (NOS)), anxiety (NOS), and post-traumatic stress disorder.  In the neurobehavioral status exam, it was reported that the applicant presented thinking and memory problems associated with an IED blast while on active duty in Iraq in November 2008.  The applicant noted significant headaches and migraines as well as problems with short-term memory.  The applicant reported difficulties with misplacing personal items, losing her train of thought, forgetting intentions, repeating conversations, and changes in her language abilities.  This document reported that in November 2008, the applicant was the driver in a HUMVEE wearing her seatbelt, helmet, protective eye wear, and vest when an IED exploded on the driver's rear side.  The vehicle lifted and tilted to the right, but it did not flip.  Three other passengers were in the vehicle, all of whom sustained injuries including, but not limited to headaches, back pain, neck pain, and shoulder pain.  The applicant reported that she immediately saw "stars," but managed to drive the vehicle to safety.  She returned to base, noted a pounding headache when she removed her helmet and significant pain in her neck and shoulder and a loud "popping sound" when she removed her 60 pound protective vest.  The neuropsychologist noted the applicant continued to experience an intense headache and shoulder pain in the days following and she was treated with Motrin and eventually Tylenol with codeine.  She began physical therapy, was removed from field duty in April 2009, and returned to the U.S. in June 2009 where she continued physical therapy until December 2009.  It was further noted that the applicant transitioned to the Temple VA in January where she continued to enroll and seek medical treatment for the injuries related to the IED blast in 2008.  Medical diagnoses since 2008 include mild traumatic head injury, bulging disk in cervical and lumbar regions, occipital neuralgia, migraines, and gastric reflux.  
   
5.  Army Regulation 600-8-22 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.  Paragraph 2-8h(7) of this regulation provides examples of injuries or wounds which clearly do not justify award of the Purple Heart, such as accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.

6.  Military Personnel 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 that 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 shows she experienced pain in her neck and shoulder and she had severe headaches after her vehicle was struck by an IED on 20 November 2008 in which she was the driver.  

3.  The applicant provided statements from her former company commander and squad leader who attested that the applicant experienced pain in her neck and shoulder and had headaches when an IED struck her vehicle on 20 November 2008.  

4.  The applicant provided copies of her DD Forms 689 which show she was on sick call multiple times from December 2008 to March 2009 for pain in her right shoulder and headaches.  

5.  The applicant provided permanent orders which show she was awarded the Combat Action Badge for actively engaging or being engaged by the enemy on 20 November 2008.  This award is sufficient as a basis for granting the applicant award of the Purple Heart.  

6.  Therefore, it would be appropriate to award the applicant the Purple Heart for wounds received in action on 20 November 2008 and to correct her DD Form 214 to show this award.  

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:

	a.  awarding her the Purple Heart for wounds received in action on 20 November 2008; and 

     b.  amending her DD Form 214 by adding award of the Purple Heart.




      _______ _ 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)                                         AR20140010453





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