BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160002429 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ _x_______ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160002429 BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20080006137, dated 29 July 2008. 2. With regard to his new issue for award of the Soldier's Medal, the Board further determined the evidence presented is insufficient to warrant a recommendation for relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Soldier's Medal. ___________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. BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160002429 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 reconsideration of his earlier request for award of the Purple Heart. As a new issue, he requests award of the Soldier's Medal. 2. The applicant states he was injured during his time in service. 3. The applicant provides documentation about the Soldier's Medal. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080006137 on 29 July 2008. 2. The applicant enlisted in the Regular Army on 8 August 1978 for a period of 3 years. He completed his training and was awarded military occupational specialty 12B (combat engineer). He arrived in Germany on or about 30 November 1978. 3. His records show he sustained first, second, and third-degree burns over 50 percent of his body surface on 9 December 1979 as a result of a chemical explosion that occurred while he was cleaning a shower room with a buffer and using gasoline as a cleaning agent. 4. He departed Germany on 17 December 1979. 5. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) does not show the Purple Heart or Soldier's Medal. 6. On 28 March 1980, he retired by reason of temporary physical disability and was placed on the Temporary Disability Retired List the following day. 7. There are no orders for the Purple Heart or Soldier's Medal in the available records. 8. He was found fit for duty and removed from the Temporary Disability Retired List effective 28 February 1983. 9. On 29 July 2008, the ABCMR denied his request for award of the Purple Heart. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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 a medical officer, and the medical treatment must have been made a matter of official record. The regulation states accidents involving explosive, aircraft, vehicular, and other accidental wounds or injuries not related to or caused by enemy action clearly do not qualify for award of the Purple Heart. b. The Soldier's Medal is awarded for distinguished heroism not involving actual conflict with the enemy. The same degree of heroism is required as for award of the Distinguished Flying Cross. The performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy. Award of the Soldier's Medal will not be made solely on the basis of having saved a life. DISCUSSION: 1. The applicant contends he was injured during his time in service and should have been awarded the Purple Heart. 2. There is no evidence of record showing he was wounded as a result of hostile action. 3. The evidence of record shows he was accidentally injured on 9 December 1979 when he sustained first, second, and third-degree burns over 50 percent of his body surface as a result of a chemical explosion that occurred while he was cleaning a shower room with a buffer and using gasoline as a cleaning agent. 4. The governing regulation states accidents involving explosive, aircraft, vehicular, and other accidental wounds or injuries not related to or caused by enemy action clearly do not qualify for award of the Purple Heart. 5. His request for award of the Soldier's Medal was noted. However, the governing regulation states the Soldier's Medal requires: * distinguished heroism not involving actual conflict with the enemy * the same degree of heroism is required as for award of the Distinguished Flying Cross * the performance must have involved personal hazard or danger and the voluntary risk of life under conditions not involving conflict with an armed enemy 6. There is no evidence showing he met the criteria for award of the Soldier’s Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002429 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002429 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2