RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBERS: 01-02093
INDEX CODE 128.05 128.10
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
His initial enlistment bonus (IEB) not be recouped.
_________________________________________________________________
APPLICANT CONTENDS THAT:
He was honorably discharged through no fault of his own prior to the
end of his enlistment period. He is not employed and cannot refund the
IEB.
His complete submission is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force for a period of 6
years on 24 Mar 99 and received an IEB of $4,000.00. He was assigned
to the 8th Maintenance Squadron at Kunsan AB, Korea, as a munitions
systems apprentice.
On 4 Feb 00, he underwent a commander-directed mental health
evaluation and a feedback session on 7 Feb 00. The 8 Feb 00 Mental
Health Evaluation advised the squadron commander that the applicant
had borderline personality disorder, that the severity of the disorder
impaired the applicant’s ability to function effectively in the
military, and that discharge was recommended. On that same date, the
applicant was notified of his commander’s intent to recommend an
honorable discharge for Mental Disorders. The notification letter
cited the mental health diagnosis, a 27 Dec 99 Article 15, a 31 Jan 00
Letter of Reprimand, and other incidents of inappropriate conduct.
The 27 Dec 99 Article 15 (AF Form 3070) included a Statement of
Understanding Regarding Recoupment of Education Assistance, Special
Pay, or Bonuses. On 8 Feb 00, the applicant also signed a separate
Statement of Understanding Regarding Recoupment of Education
Assistance, Special Pay, or Bonuses.
The applicant was honorably discharged in the grade of airman first
class on 15 Feb 00 for Personality Disorder. He had 10 months and 21
days of active service. He received a separation program designator
(SPD) code of “JFX” (Personality Disorder).
According to DFAS pay documents, the unserved portion of his
enlistment resulted in a recoupment of $3,403.70 being posted to his
account. Entitlements due at separation were applied to the
recoupment resulting in a debt of $2,834.66. A total of $802.69 has
been collected, leaving a balance of $2,031.97.
_________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPAE advised that the applicant received a $4000.00 IEB. The
DOD Financial Management Regulation 7000-14R, Vol II, Section 7A,
outlines the reasons when recoupment action is appropriate and based
on the discharge SPD code, which states, “Personality Disorder:
Recoupment is required for administrative discharges. Recoupment is
not required when member is medically discharged with a physical
disability. Denial is recommended since the discharge was
administrative in nature and not based on a physical disability. The
applicant’s discharge was initiated after a pattern of substandard
performance between Nov 99 and Feb 00.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Complete copies of the Air Force evaluations were forwarded to the
applicant on 21 Nov 01 for review and comment within 30 days. 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 applicant was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate
the existence of probable error or injustice. After a thorough review
of the evidence of record and applicant’s submission, we are not
persuaded that recoupment action of the IEB should be stopped. His
contentions are duly noted; however, we do not find these assertions,
in and by themselves, sufficiently persuasive to override the
rationale provided by the Air Force. The applicant provided no
evidence demonstrating that the diagnosis was in error or that his
discharge should have been based on a physical disability. His
personality disorder made him unsuitable for military service; it did
not render him unfit and therefore eligible for disability processing.
In view of the above, and absent persuasive evidence to the contrary,
we agree with the Air Force's rationale and recommendations and
conclude that the requested relief should be denied.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 16 January 2002 under the provisions of AFI 36-
2603:
Mr. Jackson A. Hauslein Jr., Panel Chair
Ms. Marilyn Thomas, Member
Ms. Barbara J. White-Olson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 Jun 01, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE, dated 15 Nov 01.
Exhibit D. Letter, SAF/MRBR, dated 21 Nov 01.
JACKSON A. HAUSLEIN JR.
Panel Chair
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