The "Staff Sergeant John D. Martek Purple Heart Restoration Act" allows veterans who sustained a traumatic brain injury (TBI) due to enemy action since December 7, 1941, to be eligible for the Purple Heart.
Timothy Kennedy
Representative
NY-26
The Staff Sergeant John D. Martek Purple Heart Restoration Act allows veterans who sustained a traumatic brain injury (TBI) due to enemy actions on or after December 7, 1941, to be eligible for the Purple Heart. It directs the relevant Secretary to treat these veterans the same as those killed or wounded in action, provided they have a service-connected disability due to the TBI or have documented evidence of the injury in their military records. The Act mandates the establishment of an application process for eligible veterans to receive the Purple Heart, irrespective of when the TBI occurred.
Purple Heart Eligibility Expanded: New Bill Recognizes Combat TBIs Dating Back to Pearl Harbor
This legislation, formally titled the "Staff Sergeant John D. Martek Purple Heart Restoration Act," updates the rules for awarding the Purple Heart. Specifically, it directs the military branches to treat veterans who suffered a traumatic brain injury (TBI) because of enemy action the same as those physically wounded in action. This change applies retroactively to injuries sustained on or after December 7, 1941.
A Long Overdue Recognition for Invisible Wounds
For decades, the Purple Heart criteria often prioritized visible, immediate wounds. This bill acknowledges that traumatic brain injuries, often resulting from explosions or impacts common in combat, are serious wounds deserving of this honor, even if the damage isn't immediately apparent. Under the new Section 1129b added to Title 10 of the U.S. Code, veterans whose TBI can be attributed to enemy action are now eligible. This is significant because it opens the door for recognition for veterans from conflicts spanning World War II to the present day who may have been previously overlooked because their injury was a TBI.
How It Works: Proving Eligibility
So, who qualifies and how does this work? The bill lays out two main paths for eligibility:
- VA Disability Rating: The veteran has a "service-connected" disability rating from the Department of Veterans Affairs specifically for the TBI. "Service-connected" simply means the VA agrees the injury is linked to their military service.
- Military Records: The veteran's military service records contain documentation of the TBI resulting from enemy action.
Each military branch Secretary (Army, Navy, Air Force, etc.) is required to set up a process for veterans to apply. Importantly, it doesn't matter when the TBI occurred, as long as it was on or after December 7, 1941, and directly linked to enemy action. This ensures that veterans whose injuries may have taken time to diagnose or document fully are still eligible for consideration.