RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  02-00208
                                       INDEX CODE:  128.05, 128.10

                                             COUNSEL: NONE

                                             HEARING DESIRED:  NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The unserved portion of his Initial Enlistment  Bonus  (IEB)  be  reduced
from $9600 to a lesser amount.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He is “obligated to pay some of this money back” but unable  to  at  this
time due to him attending college and insufficient income.

In support of his application, he provided a  personal  statement  and  a
copy  of  his  separation  documentation.    The   applicant’s   complete
submission, with attachments, is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 24 May 2000, the applicant enlisted in the Regular Air  Force  at  the
age of 18 in the grade of airman basic for a period of six years.  He was
a guaranteed training enlistee  for  duty  as  an  Aerospace  Maintenance
Apprentice.  In addition, he signed an additional enlistment agreement in
which he indicated he  understood  that  upon  successful  completion  of
technical training and award of a  “3”  skill  level  in  his  guaranteed
specialty; he would be authorized payment of an initial enlistment  bonus
(IEB) of $13,000.  Among other things, the contract the applicant  signed
contained the proviso that, if he voluntarily or  involuntarily  did  not
complete the term of obligated service for which the bonus was  paid,  or
if he failed to maintain qualification in the bonus specialty,  he  would
be required to repay the unearned portion of the bonus.

Following his successful  completion  of  basic  military  and  technical
training, on 5 November 2000, the applicant was assigned to duties as  an
Aerospace Maintenance Apprentice.  On 22 May 2001, the applicant, who was
then serving in the grade of airman first class (E-3), received a  Letter
of Reprimand for consumption of alcohol while under the  age  of  21,  an
inability to perform duties because of his consumption  of  alcohol,  and
failure to report for work on time on 17  May  2001.   On  2  July  2001,
nonjudicial punishment was imposed on the  applicant  under  Article  15,
UCMJ, for failing to obey an order not to consume alcoholic beverages and
for dereliction of duty for consuming alcoholic beverages while under the
age of 21 on or about 16  June  2001.   The  punishment  consisted  of  a
suspended  reduction  in  grade  to  airman  until  1  January  2002  and
forfeiture of $200.00 of his pay per month for 2 months.   The  applicant
did not appeal the punishment.  The  Article  15  documents  contained  a
“Statement of Understanding Regarding Recoupment of Education Assistance,
Special Pay, or Bonuses,” restating the conditions for  such  recoupment.
The  suspended  portion  of  the  Article  15  punishment  pertaining  to
reduction in grade was vacated on 20 August 2001 based  on  the  reported
consumption of alcohol by the applicant on or about 11 August 2001.   The
applicant reverted to the grade of airman (E-2), with a date of rank of 2
July 2001.

On 29  August  2001,  his  commander  notified  the  applicant  that  the
commander was initiating discharge  proceedings  against  him  under  the
provisions  of  AFI  36-3208  for  a  pattern  of   misconduct,   conduct
prejudicial to good order and discipline.  The applicant was  advised  of
his  rights  in  the  matter  and  that  a  general  discharge  would  be
recommended.  After consulting military counsel, the applicant  submitted
a  personal  statement  and  statements  by  family  members   requesting
retention.  On 31 August 2001,  the  commander  initiated  the  discharge
proceedings for  the  above-cited  reason  and  recommended  that  he  be
discharged with a general discharge without probation and rehabilitation.
 In a legal review of the discharge case file on 6  September  2001,  the
wing staff judge advocate found the file was legally sufficient and  also
recommended that  the  applicant  be  discharged  without  the  offer  of
probation and  rehabilitation.   On  10  September  2001,  the  discharge
authority approved the separation and  directed  that  the  applicant  be
discharged with a general discharge without probation and rehabilitation.
 On 17 Sep 01, the applicant  was  discharged  with  an  under  honorable
conditions (general) discharge.  He had served 1 year, 3 months,  and  24
days on active duty.

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  Recoupment  action  was  outlined  in  the
enlistment contract  and  is  consistent  with  administrative  discharge
actions.  The AFPC/DPPAE evaluation is at Exhibit C.

DFAS-POCC/DE indicated that based on  circumstances  of  the  applicant’s
discharge, an enlistment bonus  recoupent  of  $10,147.23  was  required.
When combined with  unpaid  pay  and  allowances,  he  was  left  with  a
$9,543.65 debt at separation.  It is the recommendation  of  DFAS-POCC/DE
that the applicant work with the debt  department  for  a  lower  payment
plan.   They  can  also  suspend  a  debt  for  students  with  proof  of
enrollment.  The DFAS-POCC/DE assessment, including  a  bonus  recoupment
worksheet, is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force Evaluations were forwarded to the applicant on  9
Aug 02, 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 application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate  the
existence of error or  injustice  to  warrant  a  reduction  of  member’s
enlistment bonus recoupment.  The  applicant  has  provided  no  evidence
showing the information in his discharge case  file  was  erroneous,  his
debt was improperly established, or that he was treated differently  from
other similarly situated members.  Therefore, we agree with the  opinions
and recommendations of the Air Force offices  of  primary  responsibility
and adopt their rationale as  the  basis  for  our  conclusion  that  the
applicant has not been the victim of an error or injustice.  Accordingly,
the applicant’s request is not favorably considered.  We believe the  the
applicant should explore the available  avenues  suggested  in  the  DFAS
advisory opinion by which he may be able to obtain some relief  from  the
requirement that he repay his debt during the period of his enrollment as
a student.

___________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate
the existence of 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 13 November 2002, under the provisions  of  AFI  36-
2603:

                 Mr. Edward H. Parker, Panel Chair
                 Mr. Mike Novel, Member
                 Ms. Martha Maust, Member

The following documentary evidence for AFBCMR Docket Number 02-00208  was
considered:

    Exhibit A.  DD Form 149, dated 16 Jan 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAE, dated 1 Aug 02.
    Exhibit D.  Letter, DFAS-POOC/DE, not dated.




                                   EDWARD H. PARKER
                                   Panel Chair