BOARD DATE:	  29 December 2010

		DOCKET NUMBER:  AR20100016420 


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 the Board's denial of his request for the Purple Heart.  The applicant also requests that the Purple Heart be awarded to three other Soldiers from his unit who were also involved in the incident which led to his wounding.

2.  The applicant states that while on patrol in the demilitarized zone (DMZ) of Korea, his patrol got lost in the fog.  They ended up in a minefield in North Korea which resulted in the death of one Soldier and the wounding of two other Soldiers besides himself.  He went to sick call the following day to insure none of his wounds required more than just rudimentary cleaning and antiseptics.

3.  The applicant adds that he now has medical records to confirm his wounding and a statement from another Soldier who was on the patrol.

4.  The applicant provides documents which he lists in his application.

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 AR20090003936 on 18 June 2009.

2.  The medical record and statement from another Soldier are new evidence which requires the Board to reconsider the applicant's request.
3.  The applicant enlisted in the Regular Army on 28 September 1976 and was awarded the military occupational specialty of indirect fire infantryman.

4.  The applicant was awarded the Soldier's Medal for an incident which occurred on 7 December 1979 while he was assigned to Company B, 13th Battalion, 9th Infantry Division, in Korea.  The Soldier's Medal citation shows that while on a civil police patrol in the DMZ near Panmunjom, Republic of Korea, the patrol became disoriented in heavy fog and crossed into an unmarked minefield.  In the resulting explosions, one Soldier was killed and two were injured.  During this ordeal, the applicant distinguished himself by voluntarily risking his life by moving forward through the extremely dangerous minefield to administer life-saving first aid and by carrying a critically-injured Soldier to safety.

5.  The applicant provides a copy of a medical treatment record, dated 8 December 1979, which indicates he had multiple superficial abrasions to both of his hands and several small abrasions to the right side of his face.  He was diagnosed with multiple fragment wounds to both hands.

6.  The applicant was promoted to pay grade E-8 and was retired for years of service on 31 March 1997.

7.  Army Regulation 600-8-22 (Military Awards) states that the Purple Heart is awarded in the name of the President of the United States is limited to members of the Armed Forces of the United States who, while serving under component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who died or may hereafter die after being wounded:

	a.  in any action against an enemy of the United States,

	b.  in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged,

	c.  while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party,

	d.  as the result of an act of any such enemy of opposing Armed Forces, or

	e.  as the result of an act of any hostile foreign force.

8.  Army Regulation 600-8-22 also provides that the Soldier's Medal is awarded to any person of the Armed Forces of the United States or of a friendly foreign nation who, while serving in any capacity with the Army of the United States, including Reserve Component Soldiers not serving in a duty status as defined in Title 10, U.S. Code, section 101(d), at the time of the heroic act, who distinguished himself or herself by heroism not involving actual conflict with an enemy.

9.  Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-5, states the ABCMR staff will not act on an application for correction of the military records of service members or former service members who are still living signed by a second party without proof of proper interest.  When a service member or former service member is incapable of acting on his or her own behalf or missing, a person with a proper interest may request correction of the military records of that service member or former service member.  Normally, a person with proper interest is a spouse, child, parent, or other close relative.

DISCUSSION AND CONCLUSIONS:

1.  The documents provided by the applicant establish that the day after the incident which led to his Soldier's Medal, the applicant went to sick call to ensure he wasn't seriously injured.  At that time it was noted that he sustained multiple superficial abrasions to both of his hands and several small abrasions to the right side of his face which were diagnosed as fragment wounds.  The Soldier's Medal citation shows the applicant was moving forward through an extremely dangerous minefield to administer life-saving first aid and carrying a critically-injured Soldier to safety.  The citation does not mention the applicant was wounded.

2.  In this case, the applicant's patrol accidently crossed over into North Korea and entered a North Korean minefield.  The detonating mines were defensive weapons, not offensive weapons.  The mines were not intended or employed to attack United States troops.  As such, the applicant was actually accidently injured, not wounded as the result of hostile action.

3.  This is supported by the fact that the applicant was awarded the Soldier's Medal for his heroic actions on that day.  The Soldier's Medal is awarded to Soldiers who distinguished themselves by heroism not involving actual conflict with an enemy.

4.  In view of the foregoing, the applicant does not meet the criteria for award of the Purple Heart.

5.  The applicant's request for award of the Purple Heart for three members of his former unit cannot be considered by the Board.  The applicant is not a person of interest in those cases.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090003936, dated 18 June 2009.



      ___________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.
ABCMR Record of Proceedings (cont)                                         AR20100016420



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ABCMR Record of Proceedings (cont)                                         AR20100016420



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