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 Dont Ask, Dont 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 applicants 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
applicants 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
applicants 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 applicants 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. Applicants 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
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