RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-03084 COUNSEL: NONE HEARING DESIRED: NOT INDICTED ________________________________________________________________ APPLICANT REQUESTS THAT: 1. His narrative reason for separation be changed. 2. He be entitled to the Air Force Achievement Medal (AFAM). 3. The John L. Levitow Honor Graduate award be reflected on his DD Form 214, Certificate of Release or Discharge from Active Duty. ________________________________________________________________ APPLICANT CONTENDS THAT: His narrative reason for separation should be changed based on the repeal of “Don’t Ask, Don’t Tell (DADT).” The applicant's complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 18 Jun 1982, the applicant enlisted in the Regular Air Force. On 13 Aug 1985, he was discharged under the provisions of AFR 39-10, Administrative Separation of Airman, with an honorable character of service. His narrative reason for separation was “Homosexual – Acts.” In a letter to the applicant dated 24 Aug 2012, addressing correction of his DD Form 214, AFPC/DPSOR advised the applicant that due to regulations, they cannot amend the DD Form 214 to add the John L. Levitow Honor Graduate award. The remaining relevant facts pertaining to this application are contained in the letters prepared by the appropriate offices of the Air Force at Exhibits C,D, and E. ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSOR recommends approval of the applicant’s request to change his narrative reason for discharge. DPSOR states that although the discharge was properly processed according to the applicable regulation at the time, his discharge record indicates the discharge was based solely on DADT or a similar policy and did not involve aggravating factors. The absence of aggravating factors is also indicated by his honorable service characterization. The complete DPSOR evaluation is at Exhibit C. AFPC/DPSOA recommends the Board direct the Reenlistment (RE) code be changed to 1J, “Eligible to Reenlist-Elected Separation or Discharge.” DPSOA states that on 10 Sep 2011, the Under Secretary of Defense issued guidance to repeal DADT. The guidance stated that requests to change the RE code to 1J should be granted for members separated under DADT or similar policy that did not involve aggravating factors. A thorough search of the applicant's record did not reveal any aggravating factors. The complete DPSOA evaluation is at Exhibit D. AFPC/DPSID states that no action is required in regards to the applicant’s request for entitlement to the AFAM. DPSID states that after a thorough review of his official military personnel record, they were able to verify award of the AFAM and the Air Force Outstanding Unit Award with one Bronze Oak Leaf Cluster (AFOUA w/1 BOLC). His record has been corrected to reflect the aforementioned awards. The complete DPSID evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: On 10 Dec 2012, copies of the Air Force evaluations were forwarded to the applicant for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed; however, it is in the interest of justice to excuse the failure to timely file. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice regarding the applicant’s request that the John L. Levitow Honor Graduate award be reflected on his DD Form 214. In this regard, we note that in accordance with AFI 36-2803, The Air Force Awards and Decorations Program, and DoD Manual 1348.33-M, Manual of Military Decorations and Awards, the John L. Levitow Honor Graduate award is neither awarded, nor authorized by the Department of Defense; as such, it cannot be reflected on the DD Form 214. Accordingly, we denied this portion of his application. 4. Notwithstanding the above, sufficient relevant evidence has been presented to demonstrate the existence of an injustice to warrant changing the narrative reason for his separation. Based on the repeal of DADT, the Department of Defense issued policy guidance that Service Discharge Review Boards should normally grant requests to change the narrative reason for separation and RE code when both of the following conditions are met: (1) the original discharge was based solely on DADT or a similar policy in place prior to enactment of DADT and (2) there were no aggravating factors in the record, such as misconduct. In view of this and since the applicant’s records contain no aggravating factors, recommend his records be corrected to the extent indicated below. In regards to his request for entitlement to the AFAM, we note that DPSID was able to verify his entitlement to the AFAM and the AFOUA w/1 BOLC, requiring no action by the Board. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that at the time of his 13 August 1985, the narrative reason for his separation was Secretarial Authority with a separation code of “JFF” and a reenlistment code of “1J.” ________________________________________________________________ The following members of the Board considered this application in Executive Session on 28 Mar 2013, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence pertaining to AFBCMR BC-2012- 03084 was considered: Exhibit A. DD Form 149, dated 12 Jul 2012, w/atchs. Exhibit B. Applicant’s Master Personnel Records. Exhibit C. Letter, AFPC/DPSOR, dated 21 Aug 2012. Exhibit D. Letter, AFPC/DPSOA, dated 27 Sep 2012. Exhibit E. Letter, AFPC/DPSID, dated 3 Nov 2012, w/atch. Exhibit F. Letter, SAF/MRBR, dated 10 Dec 2012. Panel Chair