Staff Sergeant John D. Martek Purple Heart Restoration Act
The Staff Sergeant John D. Martek Purple Heart Restoration Act would amend Title 10 U.S. Code to create a new Purple Heart eligibility pathway for veterans who experienced a traumatic brain injury (TBI) as a result of an act by an enemy of the United States. Specifically, it would treat such veterans like those killed or wounded in action, establishing a process for applying and awarding the Purple Heart to any veteran who meets the criteria, regardless of when the injury occurred (with the injury tied to an enemy act on or after December 7, 1941). Eligibility hinges on either a service-connected disability attributed to the TBI or a military record demonstrating the occurrence of the TBI, and the definitions of “service-connected” and “veteran” would be those currently found in 38 U.S.C. §101.
Key Points
- 1Establishes a new section (Sec. 1129b) in 10 U.S.C. to authorize Purple Heart awards for veterans who experienced a traumatic brain injury due to an enemy act.
- 2Eligibility criteria: (a) TBI incurred due to an enemy act on or after December 7, 1941; and (b) either a VA-determined service-connected disability attributable to that TBI or a military record showing the TBI occurred.
- 3Requires each Secretary concerned (e.g., the military departments) to create an application process and to award the Purple Heart to qualifying applicants.
- 4The award is not limited by the date on which the TBI occurred; any qualifying veteran may be awarded based on the application demonstrating eligibility.
- 5Uses existing definitions of “service-connected” and “veteran” as defined in 38 U.S.C. §101.