IN THE CASE OF:	  

		BOARD DATE:	    27 October 2015

		DOCKET NUMBER:  AR20150009357 


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 that his request for award of the Purple Heart was denied by the Army Human Resources Command (HRC) on 31 March 2015.  The supporting Standard Form (SF) 600 (Chronological Record of Medical Care) is poorly written, but it clearly states that there were injuries sustained in the improvised explosive device (IED) blast.  According to HRC the injuries were not "severe" enough to warrant a Purple Heart.  He would like to appeal that decision.

3.  The applicant provides the following documents –

* SF 600, dated 7 January 2006 
* DA Form 638 (Recommendation for Award)
* DA Form 2823 (Sworn Statement), from First Sergeant (1SG) (Retired) K____ W. E_____
* DA Form 2823, Mr. T_____ E. V—W_____
* DA Form 4187 (Personnel Action), subject:  Purple Heart Request
* HRC memorandum, subject:  Award of the Purple Heart

CONSIDERATION OF EVIDENCE:

1.  The applicant, a Regular Army (RA) sergeant first class (SFC) holds military occupational specialty 11B (Infantryman).  

2.  An SF 600 shows the applicant was seen on 7 January 2006.  Additionally, this form shows:  

   a.  "S – Driving M1114 PT received severe pain to (R) elbow & (L) lateral leg. Between knee & right above ankle.  When standing pain is ‘3’ on 1-10 scale.  Full mobility of elbow."
   
   b.  "O – No swelling present in leg.  Tenderness lateral side near top of the tibia.  No swelling found around elbow.  Small abrasion (R) elbow.  Proximal portion of calf muscle lateral side tenderness found."
   
   c.  "A/P – Deep muscle bruise of (R) leg.  Abrasion (R) elbow.  Ice affected area and Motrin 800 mg 3x day, 5 days.  F/U aid station if no improvement.  Patient understands treatment assessment.  Also Tylenol 325 mg…"

3.  A DA Form 638, dated 1 June 2006, shows the applicant was recommended for award of the Bronze Star Medal for his service from 1 December 2005 to 
15 November 2006.  Item 24 (Intermediate Authority) contains a partially illegible comment stating, "Personally [struck] by 2 IEDs.  Leads from the front."

4.  In a sworn statement dated 10 April 2012, 1SG E_____ states on the evening of 6 or 7 January 2006 while on patrol in the company area of operations their convoy was attacked by insurgents using a command wire IED.  The convoy consist(ed) of four vehicles of which two were M-1 Abrams tanks and two up-armored Humvees.  The tanks were in the lead and trail of the convoy with the two Humvees in the middle of the formation.  The lead Humvee was occupied by the applicant, Private First Class (PFC) T_____, and PFC D_____.  The IED struck the vehicle as they turned onto Route Patty and headed north.  All communications were lost with the vehicle and after establishing security of the area they were able to verify the injuries to all three Soldiers.  The Soldiers and Humvees were evacuated back to FOB Iskandira.  The Soldiers were evaluated by company medics and then followed up with the battalion aid station. 

5.  In a sworn statement, dated 16 April 2012, Mr. V__W_____ states during deployment with 1-67 AR, 2nd Brigade, 4th Infantry Division in support of Operation Iraqi Freedom, a fellow Soldier (the applicant) was in direct contact with an IED during a combat mission outside FOB Iskandirivah, Iraq.  One evening during a combat patrol, the Humvee that the applicant was riding in received considerable damage due to an IED positioned on the passenger side of the road as the vehicle traveled.  The explosion rendered the Humvee inoperable.  Mr. V__W_____, states he was positioned in the Humvee turret of the vehicle directly behind the applicant's vehicle.  The passenger side door of the applicant's vehicle received immense damage.  After it was safe to approach the vehicle, fellow Soldiers helped the applicant and the other vehicle crew to a safe location.  Upon talking with the applicant, he didn't know what had happened and was visibly shaken.  The applicant could not recall the blast and 
Mr. V__W_____ could tell the applicant was not himself.  Mr. V__W____ witnessed the explosion first hand and the effects it had on each occupant of the vehicle including the applicant.

6.  The Commanding General (CG), U. S. Army Cadet Command, recommended disapproval of a 14 November 2014 request to award the applicant the Purple Heart.  In her recommendation for denial, the CG stated, "Packet lacks sufficient evidence to support." 

7.  On 31 March 2015, HRC disapproved the request.  An HRC official stated that award of the Purple Heart is limited to those members who have been wounded or killed as a direct result of enemy action:  “The diagnosis and treatment in the medical document provided does not meet the criteria for award of the Purple Heart.  While this is an unfortunate event, a request for award of the Purple Heart has several regulatory requirements not met by the documentation provided.”  

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

   a.  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.

   b.  A wound is defined as an injury to any part of the body from an outside force or agent.  A physical lesion is not required.  However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer.  Additionally, treatment of the wound will be documented in the Service member's medical and/or health record.  Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the Service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them.  

   c.  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 regulation lists examples of enemy-related injuries or wounds which clearly do not justify award of the Purple Heart.  These examples include bruises, unless they are caused by direct impact of the enemy weapon and are severe enough to require treatment by a medical officer.
DISCUSSION AND CONCLUSIONS:

1.  The 31 March 2015 HRC memorandum denying award of the Purple Heart states, "The diagnosis and treatment in the medical document provided does not meet the criteria for award of the Purple Heart."  The memorandum does not specify how the criteria were not met.  

2.  Witness statements indicate the applicant's vehicle was struck by an enemy IED on the evening of 6 or 7 January 2006.  "… he didn't know what happened…He could not recall the blast…"  These symptoms indicate the applicant may have suffered a concussion and medical care was required.  The applicant was, in fact, referred to the battalion aid station by the company medic.

3.  The medical evidence shows he was treated by medical authorities on 
7 January 2007 for a deep muscle bruise on his right leg and an abrasion on his right elbow.  Therefore, he is entitled to award of the Purple Heart.  There is no requirement relating to the severity of a wound except that medical treatment is required.
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 awarding him the Purple Heart for wounds received in action in January 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)                                         AR20150005457



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ABCMR Record of Proceedings (cont)                                         AR20150009357



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