RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-04031 INDEX CODE: 107.00 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: She be awarded the Purple Heart (PH). _______________________________________________________________ APPLICANT CONTENDS THAT: She received a shrapnel wound during an enemy attack which resulted in her seeking medical treatment. She is not satisfied by the answers given to her for the denial of the PH medal. Her Army supervisor indicated the Air Force criteria for the PH is more stringent than for Army personnel and the Air Force determined she did not need medical treatment for her injuries. In support of her appeal, the applicant provides a personal statement, and copies of the PH recommendation, Serious Incident Report, Record of Medical Care, two witness statements, news articles, and photographs of her wound. The applicant’s complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The Military Personnel Data System reflects the applicant is currently serving on active duty in the grade of captain (O-3) with a date of rank of 2 June 2008. She has a Total Active Federal Military Service Date and Total Active Federal Commissioned Service Date of 31 May 2004. On 11 September 2007, while in-processing, the applicant received a shrapnel injury to the right forearm from indirect fire (240 millimeter rocket) during an attack at Al Faw Palace, Camp Slayer, Iraq. A Record of Medical Care, dated 11 September 2007, indicates the applicant’s injury was battle related. On 23 February 2008, the Director, MNF-1 C2 Exploitation Division recommended the applicant for award of the PH. The remaining relevant facts extracted from the applicant’s military service records are contained in the evaluation by the Air Force office of primary responsibility at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSIDR recommends denial of the applicant’s request for award of the PH. DPSIDR states the PH is awarded for wounds or death as result of an international terrorist attack or as a result of military operations while serving as part of a peacekeeping force. A provided Serious Incident Report indicates the applicant was near Al Faw Palace entrance when the palace parking lot was attacked with indirect fire (rocket). The applicant received a shrapnel laceration to her right arm. DPSIDR states the applicant’s original request and one-time reconsideration request were forwarded to the United States Allied Forces Central Europe Commander (USAFCENT/CC), the final awarding authority or recommending official for decorations based solely upon service, performance, or achievement in direct support of Operations ENDURING FREEDOM and IRAQI FREEDOM. USAFCENT/CC disapproved both the original and one-time reconsideration request for award of the PH. The complete DPPPR evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 24 April 2009, for review and comment within 30 days (Exhibit D). As of this date, this office has received no response. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of injustice. We note the evidence of record supports the facts surrounding the applicant’s injury as meeting the criteria for entitlement to the PH. While we note that USAFCENT is the final awarding authority for decorations based solely upon service, performance, or achievements in direct support of USAFCENT missions to include Operations SOUTHERN WATCH, ENDURING FREEDOM, IRAQ FREEDOM, it is unclear as to why they determined the applicant is not entitled to the PH. Since previous attempts to obtain USAFCENT’s reasoning for their denial of PH requests have gone unanswered, we can only use the criteria established by law. Accordingly, it is our opinion that any doubt should be resolved in the applicant’s favor. Therefore, we recommend the records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that she was awarded the Purple Heart for injuries she received in action against an enemy of the United States, on 11 September 2007, while stationed at Camp Slayer, Iraq. _________________________________________________________________ The following members of the Board considered this application in Executive Session on 17 June 2009, under the provisions of AFI 36-2603: All members voted to correct the records, as recommended. The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-04031: Exhibit A. DD Form 149, dtd 2 Nov 08, w/ atchs. Exhibit B. Letter, USAFCENT Decorations Board, dtd 11 Mar 09. Exhibit C. Letter, AFPC/DPSIDR, dtd 1 Apr 09. Exhibit D. Letter, SAF/MRBR, dtd 24 Apr 09.