Purple Heart For Tbi

[Metoo]

I have a TBI rating of 10% amongst other things. I know that a while ago the military started granting Purple Hearts for a TBI injury. Has anyone been sucessful in getting the Purple Heart Award for TBI? I'm currious about the process.

Thanks

[Philip Rogers]

I don't see it happening, anymore than awarding a PH for PTSD. (jmo) I believe one of the requirements is that you shed blood. Good luck, tho!

pr

[Ascomdepot68]

Got this off the net. Reading the entire entry this injury must be caused by "enemy action" ie you don't get one if our own ammo dump blew up of its own accord. PTSD is specifically excluded from being an injury for award of PH. Hope that helps.

(4) Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

(a) Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action.

(b) Injury caused by enemy placed mine or trap.

© Injury caused by enemy released chemical, biological or nuclear agent.

(d) Injury caused by vehicle or aircraft accident resulting from enemy fire.

(e) Concussion injuries caused as a result of enemy generated explosions.

Added link later:The text has been cut and pasted for ease of reading & applicability. To see the text in full from AR 600-8-22, 25 February 1995 and Public Law 104-106 - Feb. 10, 1996 visit http://www.usmcvta.org/pheart/phcriteria.htm

Edited September 3, 2014 by Asomdepot68 (see edit history)

[Navy04]

You brought up a point bud. I have TBI due to 6 Concussions from numerous IED, explosions etc. I did not receive a Purple Heart, then again I am not your typical Vet that wanted any of that stuff. It does get my brain going though. Good luck and keep us posted.

[63SIERRA]

soldiers should be honored for what theyve suffered/ I know when I see a purple heart license plate I tthink abt what the driver may have suffered and would surely stop to help if I saw that plate or any DV plate/

[blahsaysme2u]

was anyone able to get any info on this? has anyone here actually gone through the process? this is a thing now but i dont know what the process is or where to begine

[Vync]

9 hours ago, blahsaysme2u said:

was anyone able to get any info on this? has anyone here actually gone through the process? this is a thing now but i dont know what the process is or where to begine

There is some general purple heart criteria on the posts from five years back, but each branch may have some different criteria in addition to what was posted.

For example, for the Army I found the following from 2011:
https://www.army.mil/article/60078/dod_issues_purple_heart_standards_for_brain_injury

 

It refers you to the Army HR page, which I found PH in this search list:
https://www.hrc.army.mil/search/purple heart criteria

But the 11-125 directive is protected by login which I do not have:

In the end, the very first link in the list contains current details of PH for Army service members. I extracted and underlined the parts about TBI and assume these are current. Please follow the link for more details. If you served in a different branch, you'll need to look up their criteria.
https://www.hrc.army.mil/content/Purple Heart

Quote

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.

Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

• Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action
• Injury caused by enemy placed mine or trap
• Injury caused by enemy released chemical, biological, or nuclear agent
• Injury caused by vehicle or aircraft accident resulting from enemy fire
• Concussion injuries caused as a result of enemy generated explosions
• Mild traumatic brain injury or concussive severe enough to cause either loss of consciousness or restriction from full duty due to persistent signs, symptoms, or clinical finding, or impaired brain functions for a period greater than 48 hours from the time of the concussive incident.

Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows:

• Frostbite (excluding severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951).
• Trench foot or immersion foot.
• Heat stroke.
• Food poisoning not caused by enemy agents.
• Chemical, biological, or nuclear agents not released by the enemy.
• Battle fatigue.
• Disease not directly caused by enemy agents.
• Accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.
• Self-inflicted wounds, except when in the heat of battle and not involving gross negligence.
• Post traumatic stress disorders.
• Airborne (for example, parachute/jump) injuries not caused by enemy action.
• Hearing loss and tinnitus (for example: ringing in the ears).
• Mild traumatic brain injury or concussions that do not either result in loss of consciousness or restriction from full duty for a period greater than 48 hours due to persistent signs, symptoms, or physical findings of impaired brain function.
• Abrasions and lacerations (unless of a severity to be incapacitating).
• Bruises (unless caused by direct impact of the enemy weapon and severe enough to require treatment by a medical officer).
• Soft tissue injuries (for example, ligament, tendon or muscle strains, sprains, and so forth).
• First degree burns.

 

 

 

 

 

[blahsaysme2u]

right on. i knew this was a thing now. but what is the process.....hmmm makes you think-why does everything have to be so difficult!

i was able to find this:

http://www.recognizethesacrifice.org/application-process.html

but it says i need a Personal Action Request signed by Company Commander. how do i get that if i am a veteran and no longer have a chain of command? impossibly difficult!

 

[paulstrgn]

@Vync I really appreciate how you always have wonderful references for us vets to use...your research skills are amazing!!! 

[Vync]

1 hour ago, paulstrgn said:

@Vync I really appreciate how you always have wonderful references for us vets to use...your research skills are amazing!!! 

I appreciate it Paul. I'd like to thank the Internet for existing.

It also doesn't hurt that last year I did some research for my cousin who was deployed. He was in the proximity of an IED blast shock wave, but not injured by shrapnel. At the time, the medic did a quick check and green lighted him to continue kicking ass. No residuals within the designated window though, so no PH.

[Vync]

2 hours ago, blahsaysme2u said:

right on. i knew this was a thing now. but what is the process.....hmmm makes you think-why does everything have to be so difficult!

i was able to find this:

http://www.recognizethesacrifice.org/application-process.html

but it says i need a Personal Action Request signed by Company Commander. how do i get that if i am a veteran and no longer have a chain of command? impossibly difficult!

 

Yeah, that's what makes this very interesting. I found this link which might offer you some direction:

https://www.army.mil/article/60078/dod_issues_purple_heart_standards_for_brain_injury

Quote

“The services are not able to speculate as to how many servicemembers may have received a mild TBI or concussion but did not seek or receive medical treatment,” Lainez said. “Therefore, each military department will establish its retroactive review procedures in the near future to ensure deserving servicemembers are appropriately recognized.”

Retroactive reviews would cover injuries suffered since Sept. 11, 2001, she added.

Keep in mind that the article was written in April 2011 and the current Army PH criteria is from 2019. However, the new criteria doesn't have any information about retroactive requests.

This search found a couple of guidelines regarding retroactive wartime awards processing:
https://www.hrc.army.mil/search/purple heart retroactive

However, these are also protected from the public by requiring a login.

I did some unconventional searches and found a couple of articles which might be able to help.

 

At the bottom of this page there is a link to the Awards and Decorations Branch:
https://www.hrc.army.mil/content/Awards-related MILPER Messages

That points to this email address: USARMY.KNOX.HRC.MBX.TAGD-AWARDS@MAIL.MIL

It might be a good idea to contact the US Army Human Resources Command and ask them to put you in contact with someone who may be able to help. 

 

I hope this helps!

Awards-SOP-1.docx Awards Recommendation Processing Slides Aug 2018 update.pdf

[blahsaysme2u]

your the man stan! i have been googling for months on this and you find it less than half a day! blown away. 

thanks again

 

[Vync]

@blahsaysme2u lol, it took me a few minutes to locate that stuff. It could be related to how you are searching. I used google and did searches like this:

"purple heart" retro

"purple heart" retroactive

"purple heart" tbi

"purple heart" "traumatic brain injury"

Putting a word or phrase inside double-quotes will force it to look for the exact word or phrase.

Also, on the Army HR page, I just typed in purple heart in the search box at the top right and it began to autocomplete with suggestions.

[paulstrgn]

Follow Vync advice, it is good. I use google for everything and use the quotes when I want it to find certain words. It is amazing what you can find with google.

[Dustoff1970]

Okay folks/vets if you have a copy or copies of any type of medical treatment or even a sick call slip for a TBI/concussion or other type of injury due to IED or other enemy actions then you can use this as evidence to contact the Army or Air Force or Navy Board For the Correction of Military records and request they correct the record and award you the PH. 

Even tho they are suppose to have all your information in the archives at the National Personnel Records center you should be proactive and send them at a minimum copies of your DD214, combat unit orders, Mos orders and anything and everything that proves you were in the combat zone area, etc that will support your request.  I know as it worked for me in about year 2003 or 2005. They use a panel of active and former military officers, NCOs to decide upon your request.

YOU DO NOT NEED ANY LETTER OR NOTE FROM FORMER COMMANDER/S as long as you have the solid type proof I just mentioned above.  I believe that a military medical doctor must have signed or initialed the treatment note but I may be wrong there but the rules and regulations will tell you this that is referenced on the Board's website.

ARBCMR (Army Board) will send you the proper forms to fill out for your request and this is when you send copies only of the above proof evidence to them.  You can find their forms to fill out ahead of time by looking up their DOD webpages on the internet (easy) and they will display requirements and forms for you to go by. 

Each branch of service will have their own Board For Correction Of Military Records.  If and when they issue you your PH they will send you an updated DD214 form known as a DD215 (corrected) and you may be surprised as I was that you have been issued additional medals and ribbons that they place on the DD215 and send you free of charge.  After I left Vietnam for TDY patient duty at Japan and before leaving Japan I got copies of all my Army medical records thanks to a medical clerk at the hospital and all I had to do was ask for them.

I did all this myself without aid of any damn VSO.  My info is not legal advice as I am not an attorney, paralegal or VSO.  Good luck to all and HO HO HO.

Edited January 18, 2020 by Dustoff 11 (see edit history)

[blahsaysme2u]

well i actually have an update on this. funny  you answered today after this topic being quiet for so long. 

i went to my congressman to get assistance. they actually sent in all my paper work to the army board for correction. i got a letter back that is very disheartening. 

after reading this over, it looks like unless i can find some kind of LOD that my platoon medic wrote up on his evaluation of me(shining light in my eyes and asking me if i knew where i was what my name was etc and then taking me off missions for a week-all which seem to just be oral and nothing was written down) i will never be awarded the purple heart i rightly earned. i am SC for my injury, they assessed me right before discharging me with a post deployment health assessment that says i was in an IED blast and sustained brain injury and concussion. but none of that is good enough because i dont have any records from in country? makes no sense.

what if i was on a mission and got injured by the enemy and the medic gave me stitches in the field. no chance i would ever see an LOD or any medical records for that. its just another way to deny that TBI are real injuries that veterans sustained and the military was not evaluating. now, if you are involved in any kind of blast, you are given mril's and evaluated for concussions and TBI. but in 2007-08 no one was talking about this! 

remember folks:

PURPLE HEART DIFFERS FROM ALL OTHER DECORATIONS IN THAT AN INDIVIDUAL IS NOT "RECOMMENDED" FOR THE DECORATION;RATHER HE OR SHE IS ENTITLED TO IT

anyone have thoughts?

[Dustoff1970]

Well things may have changed with ARBCM since you last applied.  You are allowed one more try I believe with new evidence.  If you have not done so already send them copies of your VA decision granting you SC for the injury and other evidence new or old you may not have sent them in previous request.  I would not count to much on Congressmen or VSOs going all in and get to involved with your request as you yourself would/should.  Also of course send them your VA medical records and C&P exam results (if favorable) about treatment for your injury.

Standards for awarding same medals change over long and short times.  As with VA claims you are and must be your own best advocate.  It never hurts to try again as I have done in the past with some success. 

[blahsaysme2u]

5 minutes ago, Dustoff 11 said:

Well things may have changed with ARBCM since you last applied.  You are allowed one more try I believe with new evidence.  If you have not done so already send them copies of your VA decision granting you SC for the injury and other evidence new or old you may not have sent them in previous request.  I would not count to much on Congressmen or VSOs going all in and get to involved with your request as you yourself would/should.  Also of course send them your VA medical records and C&P exam results (if favorable) about treatment for your injury.

Standards for awarding same medals change over long and short times.  As with VA claims you are and must be your own best advocate.  It never hurts to try again as I have done in the past with some success. 

i actually did send them both of those things(SC letter, medical records showing TBI dx. i also sent the CIB award letter i got for the event and my personal statements as well as a post deployment assessment done during demobilization showing i had tbi symtoms from the IED attack)

they want something from the a medical doctor, but i only saw the medic and he didnt write anything down. even if i contacted him now i doubt he would remember this event enough to write a statement, as we were hit nearly ever time we went out the wire. so i am very lost on what to do. i know i deserve the medal. it just seems that the required documents are not in a vets favor who had leadership that failed to identify this injury or even document it properly. heck, they didnt even submit my CIB award and it wasnt on my dd214 for years until i noticed it last year and submit to have it corrected. 

[fangjian]

On 1/18/2020 at 10:11 AM, blahsaysme2u said:

well i actually have an update on this. funny  you answered today after this topic being quiet for so long. 

i went to my congressman to get assistance. they actually sent in all my paper work to the army board for correction. i got a letter back that is very disheartening. 

after reading this over, it looks like unless i can find some kind of LOD that my platoon medic wrote up on his evaluation of me(shining light in my eyes and asking me if i knew where i was what my name was etc and then taking me off missions for a week-all which seem to just be oral and nothing was written down) i will never be awarded the purple heart i rightly earned. i am SC for my injury, they assessed me right before discharging me with a post deployment health assessment that says i was in an IED blast and sustained brain injury and concussion. but none of that is good enough because i dont have any records from in country? makes no sense.

what if i was on a mission and got injured by the enemy and the medic gave me stitches in the field. no chance i would ever see an LOD or any medical records for that. its just another way to deny that TBI are real injuries that veterans sustained and the military was not evaluating. now, if you are involved in any kind of blast, you are given mril's and evaluated for concussions and TBI. but in 2007-08 no one was talking about this! 

remember folks:

PURPLE HEART DIFFERS FROM ALL OTHER DECORATIONS IN THAT AN INDIVIDUAL IS NOT "RECOMMENDED" FOR THE DECORATION;RATHER HE OR SHE IS ENTITLED TO IT

anyone have thoughts?

The lines that are highlighted, 

"...documentation of diagnosis and treatment...immediately after, or close to the incident date...."

-I actually do not see this in AR 600-8-22 para 2-8. 

 

Edited July 9, 2020 by fangjian
corrected spelling (see edit history)

[broncovet]

You need to contact the NVLSP.  They specifically say, on their website, they help Veterans "seek corrections to their records", and, the lack of same needs to be documented.  My advice: contact them pronto.  Given this letter, its clear the VA either:

1.  Does not have any record of your injury.

2.  Has it, but can not/ will not read it.  

3.  The VA is missing some of your records, which the NVLSP may be able to help with.

https://www.nvlsp.org/what-we-do/lawyers-serving-warriors/?gclid=Cj0KCQjwgJv4BRCrARIsAB17JI7wY0Am9aQLJ-t-rRDxUcKsxyJnzjGhgakW7aST8W7We0VNSKD1RVIaAih0EALw_wcB

The NVLSP, if they accept your case, will do it for free. (pro bono).  Read the website, above.  

[jfrei]

Crazy read I never even thought about this PH shit even after my sTBI and the Lod which I have and being put on Light duty for almost two years before deploying to Afghanistan in 2009. But I wish after the PTSD from my sTBI I had afterwards I could file for it... but I assumed it was only for Those shot or dead like my High school buddy RIP Miniger