ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 30 May 2019 DOCKET NUMBER: AR20170015537 APPLICANT REQUESTS: award of the Armed Forces Expeditionary Medal (AFEM) and correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in U.S. Special Operations Command deploying in support of the Persian Gulf War and Operation Earnest Will. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Permanent Order (PO) 207-113, Army Good Conduct Medal (2nd Award) * PO 228-070, Army Achievement Medal (AAM) (Third Oak Leaf Cluster) * PO 105-082, Driver’s Badge with Wheeled Device * AAM Certificate, dated 6 January 1988 * DA Form 2166-7 (NCO Evaluation Report) for the period ending August 1989 * Excerpts from the Code of Federal Regulations (CFR) Title 32 – National Defense and section 578.25 – AFME and Title 38 – Veterans Administration * Two internet articles titled, Operation Prime Chance (1987) * Internet article titled, Persian Gulf Conflict: American Gunboat Diplomacy of the 1980’s * Excerpt from Army Regulation 600-8-22 (Military Awards) * Photograph * Personal statement * Email communications with a Veterans’ Affairs (VA) Officer FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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. He states he was assigned and deployed with the 160th Special Operations Command serving in the Persian Gulf and in Operation Earnest Will. He received several awards and evaluations during this period. He has been trying to get help from the [Department of Veterans Affairs] claims department for his post-traumatic stress disorder (PTSD), but no one believes him when he states he was in a wartime situation as defined under the Code of Federal Regulation, Title 38, section 3.304. He is seeking recognition for his service during "wartime" operations with his unit missions titled "Operation Earnest Will" and "Operation Prime Chance" that were intertwined together. For his service, he requests the AFEM. He concludes by saying most of the unit’s missions were classified and he has not been able to obtain manifests [showing his deployment]. He was advised to seek relief through this Board. 3. The applicant enlisted in the Regular Army on 6 October 1982. He was trained in and qualified as an administrative specialist. 4. The applicant's DA Form 2-1 (Enlisted Qualification Record) shows in pertinent part: a. Item 5 (Overseas Service) does not show overseas service in the Persian Gulf. It shows service in – * United States Army Europe (USAEUR) – Germany from 28 March 1984 through 26 March 1986 * United States Pacific Command – Korea from 15 January 1990 through 11 December 1990 * USAEUR – Germany from 20 October 1993 through 19 October 1996 b. Item 9 (Awards, Decorations and Campaigns) does not show the AFEM and c. Item 35 (Current and Previous Assignments – Record of Assignments) shows he was assigned to Headquarters Services Company, 160th Special Operations Group from on or about 1 February 1988 to on or about 8 December 1989. During this assignment he served as a clerk typist and publications noncommissioned officer (NCO). 5. On 2 November 1997, the applicant was honorably released from active duty upon the completion of his required service. He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his more than 15 years of service. At the time of separation he was a sergeant/pay grade E-5 with a date of rank of 7 March 1987. His DD Form 214 does not show the AFEM among his authorized awards and decorations nor does it record any deployment history in Item 18 (Remarks). 6. The Defense Manpower Data Center (DMDC) compiled a Desert Shield/Storm Data Base that contains one record for each active duty member who served in-theater or in the Persian Gulf between 2 August 1990 and 31 July 1991. A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993. There are also separate files covering calendar years 1994 through 1997. The DMDC Desert Shield/Storm Data Base does not show the applicant participated in-theater during the specific periods. Additionally, the applicant did not provide leave and earnings statements to support his application showing he received imminent danger pay or hostile fire pay for the specified period. 7. He provided the following evidence in support of his application. a. Reviewing his 6 January 1988 AAM Certificate, it shows he was assigned to Headquarters and Services Company, 160th Special Operations Aviation Group (Airborne) as the Publications NCO and Senior Postal Clerk from 1 March 1988 to 31 August 1988. Noted within the citation the unit mail room received no deficiencies from the Fort Campbell Division Postal Inspection. His skills as the Publications NCO kept operations smooth in support of the Group’s Operation Prime Chance. Finally, it states, "[The Applicant] was also prepared to deploy on short notice to any real world situation at the call of the National Command Authority." Further, he provided Permanent Orders Number 228-070, dated 8 December 1988, awarding him the Army Achievement Medal (Third Oak Leaf Cluster) for the same period of service cited on the citation. b. Permanent Order Number 207-113 awarded him the Army Good Conduct Medal (2nd Award) for his period of service from 6 October 1984 through 6 October 1988. The order was issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky. c. Permanent Order Number 105-082, dated 2 June 1989, shows he received the Drivers Badge with Wheel Device for the period of service from 1 March 1988 through 1 March 1989. d. An NCOER Evaluation Report for the rating period September 1988 through August 1989 showing his assignment to Headquarters Services Company, 160th Special Operations Group where he served as the publications NCO and as a clerk in their Personnel Actions Center. Within the areas of special emphasis it states, "Be prepared to deploy on short notice to support Joint Services Special Operations at the direction of the National Command Authority." His senior rater made the statement, "Has deployed as S-1 representative in support of National Command Authority directed contingencies." No location or a named operation was identified within this NCOER nor were specified deployment dates identified in the NCOER. e. An internet sourced article concerning Operation Prime Chance which occurred from August 1987 to June 1989 as a United States Special Operations Command operation. The intent of the operation was to protect United States flagged oil tankers from Iranian attack during the Iran-Iraq War. This operation took place roughly at the same time as Operation Earnest Will (July 1987 to December 1988). Operation Prime Chance was largely a naval effort to escort tankers through the Persian Gulf. This operation was begun after the mining of the United States flagged Kuwaiti oil tanker Bridgeton. U.S. Army helicopters from the 160th Special Operations Aviation Regiment (Airborne) supported the operation flying nighttime search and destroy missions from aboard Navy frigates and destroyers. One helicopter detachment was sent to support operations that was then divided into two teams. f. He provides excerpts from the Code of Federal Regulations (CFR) Title 32 – National Defense and section 578.25 – AFME and Title 38 – Veterans Administration. (1) Section 3.304 of Title 38 defines the direct service connection for wartime and peacetime post-traumatic stress disorder (PTSD) wherein, in pertinent part, in the absence of clear and convincing evidence to the contrary, and provided the claimed stressor is consistent with the places, types, and circumstances of the Veteran’s service, the Veteran’s lay testimony alone may establish the occurrence of the claimed in-service stressor. The excerpt he provided then defines special operations. He also provided evidence from the VA showing how one might write to Special Operations. Command to verify service. Both the VA and the requestor should expect a sanitized response from Special Operations Command. (2) Section 578.25 of Title 32, CFR defines the criteria for the AFEM showing it was established by Executive Order 10977 on 4 December 1961. In pertinent part, Operation Earnest Will in the Persian Gulf is a recognized operation for the AFEM for the period from 24 July 1987, the date of the Bridgeton incident, to 1 August 1990. The area of operations is further defined to include the Persian Gulf, Bahrain, Kuwait, the Gulf of Oman and most of Saudi Arabia. (This specific language is also found in Army Regulation 600-8-22 concerning awarding the AFEM.) g. He provides email communication between himself and a VA officer who is trying to help the applicant establish his participation in a named special operation that would entitle him to the AFEM. The writer, Mr. Wilxxx Luxxx, stated, "While it is confirmed that you did serve with the 160th Aviation [Special Operations] group during the time period that special operations were being conducting in the Persian Gulf, he mentioned that no manifests were available, showing who actually went where." Mr. Luxxx advised the applicant to petition the ABCMR to correct his record. A second VA officer, who appears to have served with the applicant possibly as a first sergeant, states he was able to verify what the units were up to during the specified time period in the Persian Gulf; however, no manifests exist. The VA officer, Nr. Noxxx Hixxx states, "Although I know you were in the unit…" h. The applicant provides a personal statement and pictures that appear to be of a personal matter and are not directly related to his request for the AFEM. Therefore, this evidence will not be discussed within this Record of Proceedings. 8. In summary, he requests the AFEM for service in the Persian Gulf and Operation Earnest Will. He provides and his record contains evidence showing he was assigned to Headquarters Services Company, 160th Special Operations Group as an administrative (publications) NCO. His senior rater stated he deployed in support of National Command Authority directed contingencies. However, the named operation or location are not identified. He sought assistance which also verified he served with the 160th Special Operations Group; however, no manifests were available identifying what members deployed or where they might have deployed. BOARD DISCUSSION: After review of the application and all evidence, the Board determined there is sufficient evidence to grant partial relief. 1. The applicant’s record supports amending the applicant’s DD Form 214 to reflect deployment in support of Operation Earnest Will and awarding the Armed Forces Expeditionary Medal for service in support of Operation Earnest Will from September 1988 through December 1988 (based on the cross section of notations on the applicant’s NCOER that the applicant deployed with the 160th Special Operations Aviation Group (SOAG) with inclusive dates of September 1988 through August 1989 and the inclusive dates of Operation Earnest Will of July 1987 to December 1988, a named operations which the 160th SOAG supported). 2. However, while the applicant does provide evidence that he served with the 160th SOAG in support of Operation Earnest Will, which occurred in the same time period as the Iran-Iraq war and while Operation Earnest Will occurred in the Persian Gulf, the applicant’s record is absent evidence that shows he served in the Persian Gulf War, with inclusive dates of 2 August 1990 – 28 February 1991. Therefore, the Board denied so much of the applicant’s request pertaining to amending his DD Form 214 by adding service in the Persian Gulf War. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X : X : X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, 1. regarding the applicant’s request that pertains to the Armed Forces Expeditionary Medal and service in Support of Operation Earnest Will, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by: a. adding the Armed Forces Expeditionary Medal in item 13 (Decorations, Medals, Badges, Citations And Campaign Ribbons Awarded Or Authorized), and b. adding “item 18 (Remarks) "OPERATION EARNEST WILL, September 1988 - December 1988. 2. regarding the applicant’s request that pertains to the Persian Gulf War, the Board recommends denying that portion. 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): Not Applicable 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 Army Board for Correction of Military Records (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) states the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. This medal is awarded only for operations for which no other United States campaign medial is approved. Normally, the Joint Chiefs of Staff designate United States military operations that qualify for the medal, and will specify the degree of participation in designated operations. a. Persian Gulf Operation Earnest Will is a designated military operation from 24 July 1987 to 1 August 1990. The area of operation is the area from 20 degrees north latitude northward to 30 degrees, 30 minutes east longitude westward to 63 degrees east longitude. The geographical limits include the Persian Gulf, Bahrain, Kuwait, the Gulf of Oman, and most of Saudi Arabia. b. Within the regulation there is no named campaign titled “Operation Prime Chance” that is authorized the Armed Forces Expeditionary Medal. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, provided that when an active duty Soldier deployed with his unit during the period covered by the DD Form 214, an entry will be made in item 18 to show the name of the country deployed to and the inclusive dates in YYYYMMDD format. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170015537 7 1