IN THE CASE OF:	  

		BOARD DATE:	  6 October 2015

		DOCKET NUMBER:  AR20150005457 


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 sustained injuries on 19 June 2004 while deployed to Iraq.  He was denied the Purple Heart due to insufficient medical evidence to support a diagnosis and/or treatment of an injury caused by enemy action.  A Standard Form (SF) 600 (Chronological Record of Medical Care) was not provided with the original packet because there was no SF 600 created for the injury at the time.  He was advised by his supervisor immediately following his injury that he did not need medical attention.  It wasn't until later that he sought medical attention, which prompted a line of duty investigation on 6 November 2013. 

3.  The applicant provides the following documents:

* 2003 Mobilization orders
* 2004 Permanent Orders (PO) for award of the Combat Action Badge
* 2004 News release
* 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty)
* 2007 DA Form 7349 (Initial Medical Review-Annual Medical Certificate)
* 2009 Treatment at the Podiatry Clinic
* 2013 Line of Duty Determination
* 2013 DA Form 2173 (Statement of Medical Examination and Duty Status)
* Enlisted Record Brief
* 2014 U.S. Army Human Resources Command (HRC) letters disapproving award of the Purple Heart
* 2014 Reconstructed DA Form 4187 (Personnel Action)
* Memorandum dated 2 October 2014, requesting award of the Purple Heart as an exception to policy
* 2014 Commander's Endorsement for Award of the Purple Heart
* 2014 Narrative Summary, Integrated Disability Evaluation System
* Disability Benefits Questionnaire (Ankle and Post-Traumatic Stress Disorder)

CONSIDERATION OF EVIDENCE:

1.  Having had prior active enlisted service in the U.S. Marine Corps (August 1985 to August 1989) and the Michigan Army National Guard (MIARNG) (August 1990 to October 1992), the applicant enlisted in the MIARNG on 18 May 2002. He held military occupational specialty 11B (Infantryman).  He extended for 3 years on 8 November 2003. 

2.  He was ordered to active duty in support of Operation Iraqi Freedom (OIF) on 7 December 2003 and subsequently served in Kuwait/Iraq from 21 February 2004 to 12 February 2005.  He was assigned to Company F, 425th Infantry (Airborne). 

3.  Permanent Orders (unassigned), issued by Headquarters, 504th Military Intelligence Brigade on 24 November 2004, awarded a group of Soldiers of Company F, 425th Infantry, including the applicant, the Combat Infantryman Badge for service from 28 February 2004 to 11 February 2005. 

4.  He was honorably released from active duty on 14 March 2005.  His DD Form 214 for this period does not list the Purple Heart.  Additionally, his records do not contain orders awarding him the Purple Heart and it is unclear if his theater chain of command initiated/processed a Purple Heart for him at the time.

5.  He was honorably discharged from the MIARNG on 17 November 2006.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) does not list the Purple Heart as an authorized award. 

6.  He again enlisted in the MIARNG on 18 November 2007.  He was ordered to active duty in support of OIF on 5 January 2008 and subsequently served in Kuwait/Iraq from 1 April to 16 December 2008.  He was assigned to Company A, 1st Battalion, 125th Infantry Regiment. 




7.  He was honorably released from active duty on 10 February 2009.  His 
DD Form 214 for this period does not list the Purple Heart.  Additionally, his records do not contain orders awarding him the Purple Heart and it is unclear if his theater chain of command initiated/processed a Purple Heart for him at the time.

8.  He was processed into the Integrated Disability Evaluation System and was evaluated by a physical disability board (PEB) that rated his unfitting post-traumatic stress disorder at 50 percent and ankle injury (incurred in 2010 during a road march) at 10 percent.  The PEB assigned him a combined rating of 60 percent and recommended permanent retirement. 

9.  On 26 January 2015, the U.S. Army Physical Disability Agency published orders releasing him from the ARNG and permanently retiring him by reason of disability effective 2 March 2015. 

10.  He retired on 1 March 2015 and he was placed on the retired list in his retired rank/grade of staff sergeant/E-6 on 2 March 2015.  He was issued an NGB Form 22 that captured his ARNG service. 

11.  In October 2014, Lieutenant Colonel (LTC) E--k K----dy, the Commander, MIARNG Medical Detachment reconstructed multiple documents and submitted a request to award the applicant the Purple Heart.  His request consisted of: 

   a.  DA Form 2173, dated 10 August 2013.  Item 10 (Nature and Extent of Injury) shows the entry "Joint pain-ankle, Foot/toes, right."  However, Item 30 (Details of Accident-Remarks) shows the entry "Service member sustained a 
3 cm contusion on the top of right foot from shrapnel injury from a mortar blast in Iraq in June 2004; the injury was reported and examined but not documented."  

	b.  DA Form 4187 (Personnel Action), signed by LTC E--k K----dy on an unknown date.  It states in accordance with Army Regulation 600-8-22 (Military Awards), paragraph 2-2 and Military Personnel Message Number 11-125, dated 29 April 2011, the applicant is recommended for award of the Purple Heart.  He was involved in an incident on 18 June 2004 at Camp Ferrin-Huggins (Steel Falcon) in Iraq.  [Applicant] observed a mortar impact less than 75 meters from his position and was struck by debris on the right foot from the impact and detonation.   

	c.  A memorandum dated 2 October 2014, titled "Commander's Endorsement for Award of the Purple Heart" also signed by LTC E--k K----dy states after having reviewed the supporting documentation he approves the applicant's request for award of the Purple Heart due to injuries sustained while deployed during OIF.  

	d.  A memorandum dated 2 October 2014, titled "Request for Exception to Policy" and also signed by LTC E--k K----dy states the Purple Heart request was submitted by the 125th Infantry Battalion in 2008 but the packet did not contain medical documentation supporting the injuries.  The packet was resubmitted in April 2014 but returned because it was missing SF 600 for the injuries sustained. He is now resubmitting the request with an approved line of duty for the injuries he sustained.  The line of duty memorandum shows he sustained right ankle contusion injury that occurred during OIF, in line of duty.  There was no medical documentation from the time period.  The applicant was advised by his supervisor that he would not need medical attention which prompted the line of duty investigation.  There is no SF 600 from that incident.  However, his PEB addresses this incident. 

	e.  Narrative recommendation for the Purple Heart that essentially states on 18 June 2004, the first of six mortar rounds impacted in the applicant's immediate vicinity.  He observed Soldiers moving for cover as the second round impacted.  He observed a round impact less than 75 meters from his position and he was struck on the right foot by debris from the impact and detonation.  He continued into the cover as the remaining 4 rounds impacted near his position.  One Soldier was killed in action and another sustained serious injuries.  He did not see any blood on his foot but he was in extreme pain.  Upon returning to the barracks for the headcount, he informed his platoon sergeant that he was injured.  The platoon sergeant instructed a combat life saver with extensive experience (and an emergency room technician in civilian life) to examine him.  He examined him and noticed, as did three other Soldiers, a 3 cm contusion on the applicant's right foot.  The platoon sergeant reported to the commanding officer who gave an oral report (not a written one).  The applicant was not instructed to go the troop medical clinic for further examination nor did he go on his own because his element was going out on a mission in a matter of hours.  

12.  On 18 December 2014, HRC disapproved the request for the Purple Heart.  An HRC official stated award of the Purple Heart is limited to those members who have been wounded or killed as a direct result of enemy action.  Based on a review of the applicant's medical records, there is insufficient evidence to support a diagnosis and/or treatment of an injury caused by enemy action.  While this was an unfortunate event, award of the Purple Heart has many requirements that were not met by the documentation provided. 


13.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 medical treatment, and the medical treatment must have been made a matter of official record.

	a.  A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above.  A physical lesion is not required; however, the wound for which the award is made must have required treatment by medical personnel and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

	b.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  (1) injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; (2) injury caused by enemy-placed mine or trap; and (3) concussion injuries caused as a result of enemy-generated explosions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant does not meet the criteria for award of the Purple Heart.

	a.  The criteria require the member to be wounded or killed as a direct result of enemy action.  The applicant was not injured by shrapnel or a projectile created by the impact, and he did not suffer an injury caused by an enemy generated explosion.  The information submitted by the applicant contradicts each other.  The DA Form 2173 states “shrapnel” while the submitting commander states “debris.” It is unclear if he was hit by flying debris that could have been a pebble or a rock, which although an outside force, does not appear to have come directly from the enemy.   

	b.  The criteria stipulate that the wound or injury must have required medical treatment.  There is no evidence the applicant required or sought treatment for this injury.  The fact that a combat life saver examined him is not supported by any documentary evidence.  Even if the extent of this injury was unclear immediately after the blast, no treatment was sought at Camp Ferrin-Huggins (Steel Falcon) in Iraq or upon return to the United States. 

	c.  The criteria require the medical treatment to be made a matter of official record.  No official records of the injury or his treatment exist.  The fact that a line of duty was reconstructed some 9 years later for the purpose of entering the applicant in the disability system due to an ankle injury resulted from a road march in 2010 does not satisfy this requirement.  There were no treatment records, chronological records of medical care, and/or sick slips generated. 

2.  He does not meet the criteria for 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 that 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)                                         AR20150005457



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ABCMR Record of Proceedings (cont)                                         AR20150005457



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