IN THE CASE OF:    

		BOARD DATE:  15 September 2015	  

		DOCKET NUMBER:  AR20150012034 


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 the Command Surgeon, Headquarters, U.S. Army Sustainment Command, provided a memorandum which has been added to his records to support the incident and award of the Purple Heart.  The Chief, Awards and Decorations Branch, U.S. Army Human Resources Command (HRC), personally told the Command Surgeon that the Purple Heart was denied because the incident was not in the Armed Forces Health Longitudinal Technology Application.

3.  The applicant provides:

* Congressional correspondence
* Command Surgeon, Headquarters, U.S. Army Sustainment Command, memoranda, dated 24 November 2014 and 3 June 2015
* extracts of medical records
* timeline
* DD Form 2900 (Post-Deployment Health Reassessment)
* HRC correspondence
* Army Directive 2011-07 (Awarding of the Purple Heart), dated 18 March 2011
* revisions to Army Regulation 600-8-22 (Military Awards), dated 11 December 2006
* DA Form 4187 (Personnel Action), dated 4 June 2014
* Army Sustainment Command Form 1-2 (Coordination, Control, and Approval Routing), dated 19 June 2014
* Purple Heart recommended narrative
* four sworn statements
* Enlisted Record Brief
* Headquarters, 1st Infantry Division and Fort Riley, Permanent Orders 
038-603, dated 7 February 2007
* Military Personnel (MILPER) Message Number 11-125, dated 29 April 2011

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Army National Guard on 27 August 1993.

3.  On 6 June 1994, he was ordered to active duty for training.  On 21 October 1994, he was released from active duty.  His DD Form 214 for this period shows he was awarded or authorized the:

* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  On 5 July 1996, he was discharged from the Army National Guard and transferred to the U.S. Army Control Group (Annual Training).  His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Army Achievement Medal (2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar

5.  On 4 June 1997, he enlisted in the Regular Army.

6.  His records show he was awarded or authorized to accept the:

* Canadian Parachutist Badge effective 1 May 2000
* Venezuelan Master Parachutist Badge effective 19 December 2000

7.  His records show his overseas service as follows:

* 14 August 2001 to 14 July 2002 – Korea
* 3 January 2004 to 1 July 2004 – Iraq
* 9 February 2007 to 17 January 2008 – Iraq
* 15 July 2009 to 15 July 2010 – Afghanistan

8.  Headquarters, 1st Infantry Division and Fort Riley, Permanent Orders 
038-603, dated 7 February 2007, assigned him to Headquarters, Iraqi Assistance Group, in support of Operation Iraqi Freedom effective on or about 9 February 2007.

9.  On 31 July 2015, the applicant retired.  His DD Form 214 for this period does not show award of the:

* Purple Heart
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Canadian Parachutist Badge
* Venezuelan Master Parachutist Badge

10.  He provided a self-authored sworn statement and three sworn statements from Soldiers who were with him on 24 March 2007.  They all state the vehicle in which they were traveling was struck by an IED blast.

	a.  Major A____ D____ S____ stated the applicant complained of ringing in one of his ears and a severe headache.  His injury would be consistent with the concussive blast their vehicle suffered as the applicant was the gunner and he would have been more exposed to the blast.  He further stated the unit was not close to medical facilities and the applicant's injuries were not life threatening.  The team medic did not think a medical evacuation was necessary and he observed the applicant for 24 hours for signs of a concussion.  The day after the IED blast the applicant vomited and his headache persisted, but his condition improved over the next several days so he did not have him medically evacuated for further evaluation.  The applicant complained of ringing in his ear and headaches for the duration of their tour, but due to the shortage of personnel on their team and their remote location, he was prevented from seeking definitive follow-up treatment.

	b.  Captain R____ S____ R____ stated the applicant complained that the left side of his face was numb and he had ringing in his left ear.  The applicant:

* was seen by the team medic and he was told the symptoms would pass
* became ill with nausea for the next couple of days and then the symptoms appeared to pass
* did not receive any additional medical attention while they were in theater

	c.  Sergeant First Class A____ D. G____, Sr. stated he checked the applicant for injuries and the applicant advised him that he was experiencing numbness on the left side of his face.  He wrote the findings in his log book and called for guidance.  He was told by the physician on duty to watch the applicant and if he started to exhibit complications to call back.  The applicant advised him that he was feeling nauseated and he told the applicant that once they returned to Camp Liberty they would go and see the physician assistant.

11.  He also provided:

	a.  a timeline of events for his request for award of the Purple Heart;

	b.  a DA Form 2900, dated 28 April 2008, that shows he had been deployed to Iraq and:

* his provider had major concerns about his physical symptoms and post-traumatic stress disorder (PTSD) symptoms
* he showed signs of stress disorder and a mild traumatic brain injury (MTBI)
* he was referred for psychological, behavioral health, and neurology consultations

	c.  an examination referral summary from the Order of St. Francis Galesburg Clinic, Galesburg, IL, dated 2 June 2008, that shows the applicant's condition was listed as:

* closed head injury
* post-traumatic headaches with vascular features
* uncontrolled hypertension
* PTSD

	d.  a Standard Form 600 (Chronological Record of Medical Care), dated 9 June 2008, that shows his assessment and plan as follows:

* PTSD – to see psychiatry next week for long-term management plan
* post-concussion syndrome – military termed – TBI under care by neurologist
* blood pressure isolated elevated – 15-day blood pressure monitor and follow-up with primary care management and Dietary Approaches to Stop Hypertension diet information

	e.  a DA Form 4187, dated 4 June 2014, in which a request for award of the Purple Heart was submitted based on the MTBI injuries he incurred on 24 March 2007 as a result of an improvised explosive device (IED) attack on his vehicle while he was deployed to Iraq in support of Operation Iraqi Freedom.

	f.  three progress notes from the Quad City Neurology Spine, dated 30 June 2014, 11 August 2014 and 12 January 2015, that show the applicant was evaluated for post-concussion syndrome and migraine.  His assessment was migraine without aura, intractable.

	g.  a memorandum from HRC, dated 18 September 2014, showing the applicant's request for award of the Purple Heart was returned without action due to missing documentation, and

	h.  two memoranda from the Command Surgeon, Headquarters, U.S. Army Sustainment Command, dated 24 November 2014 and 3 June 2015, in which he states:

* no medical evaluation occurred until post-deployment when the applicant, still suffering from headaches and various cognitive dysfunctions was sent to a neurologist 
* the applicant was diagnosed with closed head injury and post-traumatic headaches with vascular features for which he continues treatment to this day
* in retrospect, when the nausea and vomiting began, the applicant should have been pulled from duty and undergone a head computed tomography
* treatment appropriate for the applicant's concussive injury was delayed
* the nature of his injury allowed him to continue to serve in combat
* had his injury been a compound femur facture, appropriate treatment would have occurred within minutes

	i.  a memorandum from HRC, dated 20 March 2015, denying the applicant's request for award of the Purple Heart.

12.  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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.

13.  MILPER Message Number 11-125, dated 29 April 2011, title:  Army Directive 2011-07 (Awarding the Purple Heart), informed all members of the Army that the Secretary of the Army had approved Army Directive 2011-07.  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 MTBI and concussive injuries that do not result in a loss of consciousness).  Diagnosis of concussion or MTBI 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.  Sufficient evidence has been presented showing the applicant, who was performing gunner duties in Iraq, incurred concussive injuries when an IED blast struck the vehicle in which he was traveling.  Although he did not receive the appropriate medical treatment at the time of the incident due to personnel shortages and his remote location, sufficient medical evidence confirms his injuries should have been more extensively evaluated.

2.  In view of the foregoing evidence, the applicant is entitled to award of the Purple Heart for injuries incurred in combat on 24 March 2007 and his DD Form 214 for the period ending 31 July 2015 should be corrected to show this award.

3.  Records show he was awarded or authorized the Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Canadian Parachutist Badge, and Venezuelan Master Parachutist Badge.  His DD Form 215 for the period ending 31 July 2015 should be corrected to show these badges.

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:

	a.  awarding him the Purple Heart for injuries incurred as a result of hostile action on 24 March 2007 and

	b.  adding the following awards to his final DD Form 214 for the period ending 31 July 2015:

* Purple Heart
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Canadian Parachutist Badge
* Venezuelan Master Parachutist Badge



      ____________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)                                         AR20150012034



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ABCMR Record of Proceedings (cont)                                         AR20150012034



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