This Act allows certain veterans who suffered a traumatic brain injury traceable to enemy action to posthumously or currently receive the Purple Heart medal.
Timothy Kennedy
Representative
NY-26
The Staff Sergeant John D. Martek Purple Heart Restoration Act allows certain veterans who suffered a traumatic brain injury (TBI) traceable to enemy action after December 7, 1941, to be awarded the Purple Heart medal. This applies if the veteran has a service-connected disability due to the TBI or official military confirmation of the injury's cause. The respective military branches must establish a process for these veterans to apply for and receive the award, regardless of when the injury occurred.
The Staff Sergeant John D. Martek Purple Heart Restoration Act creates a significant new pathway for veterans who suffered a Traumatic Brain Injury (TBI) in combat to receive the Purple Heart medal. Essentially, this legislation recognizes TBIs resulting from enemy action as a wound worthy of the honor, retroactively applying to injuries sustained any time after December 7, 1941. To qualify, a veteran must show that the TBI was caused by enemy action and either be officially recognized by the Department of Veterans Affairs (VA) as having a service-connected disability due to that TBI, or have an official military record confirming the injury was due to enemy action.
For years, the criteria for the Purple Heart focused heavily on injuries caused by penetrating wounds or shrapnel, often leaving out those who suffered severe, life-altering TBIs from blasts or concussive forces. This bill directly addresses that gap, acknowledging that a TBI caused by an IED blast or artillery fire is just as much a combat wound as a bullet or shrapnel injury. The law mandates that each military branch must set up an application process, and if a veteran meets the criteria, the award must be given, regardless of how long ago the injury occurred. This means veterans from Vietnam, the Gulf War, or even more recent conflicts who previously missed out on this recognition now have a chance to apply.
While this is excellent news for veterans and their families, it does create some administrative lift. The military branches and the VA will need to brace for a potential influx of applications and historical reviews. For the VA, this means potentially re-examining old records or initial disability claims to confirm the TBI is service-connected. For the military services, they must establish a clear, standardized process for reviewing historical records to confirm that the TBI was indeed traceable to enemy action—a task that could be challenging given the age and completeness of records from conflicts like WWII or Korea. The bill is clear, however, that it relies on existing definitions of 'veteran' and 'service-connected' from Title 38, which should help keep the process grounded in current VA standards. This is a crucial step forward in recognizing the full scope of combat injuries and ensuring that honor is properly bestowed.