ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  13 December 2019

	DOCKET NUMBER:  AR20170013671


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or 
Discharge from Active Duty) for the period ending 31 October 2000 to show in:

	a.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons 
Awarded or Authorized) – Kuwait Liberation Medal-Saudi Arabia (KLM-SA) and 
Kuwait Liberation Medal-Government of Kuwait (KLM-KU) and

	b.  item 18 (Remarks) – "DUTY IN IMMINENT DANGER PAY AREA PERSIAN 
GULF (881101-881122)."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record), dated 10 July 
2017
*	two DA Form 3686-1 (Joint Uniform Military Pay System (JUMPS) Army 
Leave and Earnings Statement (LES))
*	Standard Form 600 (Chronological Record of Medical Care), dated 
11 November 1988
*	DA Form 67-8 (U.S. Army Officer Evaluation Report), dated 20 March 1989
*	Headquarters, Department of the Army, General Orders Number 7, dated 
2 April 1993
*	two Officer Record Briefs
*	DD Form 214 for the period ending 31 October 2000

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, 
United States Code (USC), section 1552(b); however, the Army Board for Correction 
of Military Records (ABCMR) conducted a substantive review of this case and 
determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:


	a.  The KLM-SA and KLM-KU were authorized for his service during Operation 
Desert Shield and Desert Storm.  The medals were annotated on his Officer Record 
Brief, dated 15 December 1998, but later taken off for unknown reasons.

	b.  He previously requested his duty in the Persian Gulf be annotated on his 
DD form 214, but he was unable to prove he was there due to the classification of 
his orders.

	c.  He was assigned to the 160th Special Operations Aviation Regiment 
(Airborne) and deployed on Operation Prime Chance in support of Operation 
Earnest Will in November 1988.  His first deployment for Prime Chance was from 
April 1988 through June 1988, during which he was the pilot in command.  His 
second deployment for Prime Chance was for 3 weeks in November 1988 where he 
was the Officer in Charge of the U.S. Army assets deployed on the Mobile Supply 
Base Hercules in the Persian Gulf that included Utility Helicopter (UH)-60 Black 
Hawks and MH-6 Little Birds (Special Operations Helicopter).  He arrived in Bahrain 
on 1 November 1988 and immediately deployed to the Mobile Supply Base on 
22 November 1988 in time to be home for Thanksgiving.

	d.  As the operations were classified, the 160th Special Operations Aviation 
Regiment (Airborne) issued blanket travel orders for worldwide travel versus listing 
the locations.  The only documents he has are medical documents showing his 
presence on Mobile Supply Base 270 (Hercules) as part of Naval Special Warfare 
Task Unit – Atlantic (NSWTU-LANT).  The documents indicate that on the night of 
11 November 1988, while in the preliminary stages of launching for a night vision 
goggle mission and test firing the Black Hawk mini-guns, one of the Black Hawk 
mini-guns exploded during the test firing, creating an "aircraft incident."  The 
procedure for such an incident was to ground the crews until blood tests could be 
reviewed to ensure there were no additional factors to consider.  

	e.  As the 160th Special Operations Aviation Regiment (Airborne) only had two 
Black Hawks and two crews on board the Mobile Supply Base and the mission was 
"no fail," his crew was considered mission essential, hence the notation by the flight 
surgeon that he was able to waive the standard protocol for bringing them back to "fit 
for duty."

3.  The applicant's records contain sufficient evidence to support award of KLM-SA 
and KLM-KU, which are not shown on his DD Form 214.  

4.  The Board will consider his request for correction of item 18 to show his duty in 
an imminent danger pay area.

5.  Having prior enlisted service in the U.S. Army Reserve, the applicant was 
appointed as a warrant officer one on 15 April 1984.


6.  He provided copies of his:

	a.  DA Form 3686-1 for the period 1 July 1988 through 31 July 1988 that shows 
in item 39, he was credited with danger pay for the period April 1988 through June 
1988.

	b.  Navy Medical Form 6410/2 (Clearance Notice (Aero-Medical)), dated 
11 November 1988, shows he was grounded due to an aircraft mishap.  The flight 
surgeon determined he was found physically qualified and aeronautically adapted for 
duty involving flying in Class 2.

	c.  Standard Form 600, dated 11 November 1988, that shows while attached to 
Naval Special Warfare Task Unit – Atlantic (NSWTA-LANT), Mobile Supply 
Base 270 (Hercules) and as the co-pilot of a UH-60 Black Hawk, he sought medical 
attention at 2030 hours after a mini-gun test firing explosion.  The attending 
physician made the entry, "Nature of mission, nature of accident and time factor for 
results doesn't allow for delay for mission completion" and determined the applicant 
was fit for duty.

	d.  DA Form 3686-1 for the period 1 January 1989 through 31 January 1989 that 
shows in item 39, he was credited with danger pay for the period November 1988.

	e.  DA Form 67-8 (U.S. Army Officer Evaluation Report) for the period 
16 February 1988 through 15 February 1989 that shows his principal duty as 
Platoon Leader and military occupational specialty as 15BOO (Platoon Leader) and 
in:

		(1)  Part III (Duty Description), "Platoon Commander in an all-volunteer 
Blackhawk Special Operations Assault Helicopter Company.  The platoon mission is 
to provide rapid response helicopter assets in support of worldwide Special 
Operations contingencies directed by the National Command Authority.  
Responsible for planning, coordinating, and executing tactical aviation missions 
under the most difficult flight conditions (night, zero illumination, long-range, over 
water) utilizing 8 specially modified UH-60A Blackhawk aircraft."

		(2)  Part V (Performance and Potential Evaluation), in part, "[Applicant] 
recently functioned as the Army Officer in Charge on a U.S. Naval vessel in support 
of a high visibility Joint mission."

6.  On 31 October 2000, he was honorably retired from active duty.  His 
DD Form 214 for the period ending 31 October 2000 shows in item 18, he was 
credited with duty in imminent danger pay area of the Persian Gulf for the period 
22 April 1988 through 5 June 1988.  Item 18 also contains the entry, "Kuwait 
Liberation Government Medal."

7.  His records are void of orders specifically assigning him to Mobile Supply 
Base 270 Hercules in the Persian Gulf for operations during the period November 
1988 or orders releasing him from this assignment.  

8.  His Master Military Pay records are not available for review.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents 
and evidence in the records.  The Board considered the applicant’s statement, his 
record of service and units of assignment, the SF Form 600 and the 
DA Forms 3686-1 in his record and the absence of his military pay records.  Based 
on a preponderance of evidence, the Board determined that correction of the 
applicant’s DD Form 214 specific to remarks regarding service in an Imminent 
Danger Pay Area was appropriate.  The Board also determined that the applicant 
met requirements to entitle him to award of the KLM-SA and the KLM-KU.

2.  After reviewing the application and all supporting documents, the Board found 
that relief was warranted.


BOARD VOTE:

Mbr 1	   Mbr 2	Mbr 3

:X	   :X	:X	GRANT FULL RELIEF

:	   :	:	GRANT PARTIAL RELIEF

:	   :	:	GRANT FORMAL HEARING

:	   :	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

 The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department 
of the Army records of the individual concerned be corrected by amending the 
applicant’s DD Form 214 for the period of service ending 31 October 2000 as 
follows:

	- add to item 13 (DECORATIONS, MEDALS. BADGES, CITATIONS AND 
CAMPAIGN RIBBONS AWARDED OR AUTHORIZED) – “Kuwait Liberation Medal – 
Saudi Arabia” and “Kuwait Liberation Medal – Kuwait.”
	- item 18 (Remarks) – “Duty in imminent danger pay area Persian Gulf 
(880422 -880605 and 881101-881122).”  


	  
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.


ADMINISTRATIVE NOTE(S): N/A




REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or 
injustice.  This provision of law also allows the ABCMR to excuse an applicant's 
failure to timely file within the three-year statute of limitations if the ABCMR 
determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.

	a.  The KLM-SA, awarded by the Government of Saudi Arabia, was approved on 
3 January 1992 and is awarded to members of the Armed Forces of the United 
States who participated in the Persian Gulf War between 17 January 1991 and 
28 February 1991.

	b.  The KLM-KU, awarded by the Government of Kuwait, was approved on 
9 November 1995 and is awarded to members of the Armed Forces of the United 
States who participated in the Persian Gulf War between 2 August 1990 and 
31 August 1993.

3.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed 
the separation documents which were to be prepared for individuals upon 
retirement, discharge, or release from active duty service or control of the Army.  It 
established policy for preparing and distributing the DD Form 214.  The instructions 
for item 13 stated to list awards and decorations for all periods of service in the 
priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified 
by the Soldier's records.  Do not use abbreviations.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170013671

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