RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  02-02638
            INDEX CODE:  128.05

            COUNSEL:  NONE

            HEARING DESIRED: NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His reason for  separation  be  changed  to  one  that  would  prevent
recoupment of his enlistment bonus.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He should not  have  to  pay  back  the  bonus  because  of  financial
hardship, mistreatment, and inadequate training.

In support of his appeal, the applicant  provided  copies  of  DD Form
2697, Report of Medical Assessment, and a psychiatric evaluation.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19  Apr  01  for  a
period of six (6) years in the grade of airman basic.

On 26 Feb 02, the applicant’s  commander  notified  him  that  he  was
recommending that the applicant  be  discharged  for  conditions  that
interfere with military service, mental and adjustment disorders.  The
reason for the action was that, on  12  Dec  01  to  18  Dec  01,  the
applicant was evaluated by the Inpatient  Mental  Health  Unit,  David
Grant Medical Center, and was diagnosed with  an  adjustment  disorder
with mixed anxiety and depressed mood.  It  was  determined  that  the
adjustment disorder was of such severity as to impair his  ability  to
function effectively in the military  environment.   As  such,  prompt
administrative separation was recommended.  Based on this  evaluation,
the discharge was in his best interest and that of the Air Force.  The
applicant was advised  of  his  rights  in  the  matter  and  that  an
honorable discharge would be recommended.  The applicant  acknowledged
receipt of the notification and consulted military counsel.

On 13 Mar 02, the  Office  of  the  Staff  Judge  Advocate  found  the
discharge case file to be legally sufficient and recommended that  the
discharge authority direct that the applicant be honorably discharged.

On 14 Mar 02, the discharge authority approved  the  discharge  action
and directed that the applicant be furnished an honorable discharge.

On 19 Mar  02,  the  applicant  was  honorably  discharged  under  the
provisions of AFI 36-3208 (Personality Disorder).  He was assigned  an
RE code of 2C and a separation code of JFX.  He was credited  with  11
months and 1 day of active duty service.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

The Medical  Consultant  recommended  denial  noting  that  enlistment
bonuses are recoupable provided the member is separating  voluntarily,
is  being  separated  for   misconduct,   or   for   other   specified
administrative reasons  including  unsuiting  conditions.   Rules  for
recoupment of enlistment, reenlistment and retention bonuses are found
in AFI 36-2606 and the DoD Financial Management  Regulation  Vol.  71,
Chap 9.  When administrative discharge is  for  a  condition  that  is
considered unsuiting, including  a  personality  disorder,  adjustment
disorder, impulse control disorders, or  a  phobia  such  as  fear  of
flying, recoupment is merited under  current  policy  and  regulation.
The  applicant  was  administratively  separated  for  his   unsuiting
condition (adjustment  disorder)  and,  therefore,  falls  under  this
provision of the DoD instruction.  The Defense Finance and  Accounting
Service (DFAS) uses the separation code  designator  to  determine  if
recoupment is required based on the reason  for  the  discharge  code.
The personality  disorder  category  (includes  all  unsuiting  mental
health conditions) code of JFX  is  on  the  list  for  recoupment  in
accordance  with  DoD  instructions.   If  the  member  is   medically
discharged  with   an   unfitting   physical   disability   (including
psychiatric  but  not  adjustment  or  personality   disorder),   then
recoupment is not required.   This  requires  evaluation  through  the
disability system  and  recommendation  for  disability  discharge  or
retirement by the Physical Evaluation Board.

According to the Medical Consultant, the  action  and  disposition  in
this case were proper and equitable  reflecting  compliance  with  Air
Force directives that implement the law. In his opinion, no change  in
the records is warranted.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
C.

AFPC/DPPRS  recommended  denial   indicating   that   based   on   the
documentation in the file, they believe the discharge  was  consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation.  Additionally, the discharge was within the discretion  of
the discharge authority.  In their view, the applicant did not  submit
any new evidence or identify any errors or injustices that occurred in
the discharge processing.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit D.

AFPC/DPPAE indicated that  the  applicant’s  reenlistment  eligibility
(RE)  code  of  “2C”  (Involuntarily  separated  with   an   honorable
discharge; or  entry  level  separation  without  characterization  of
service) is correct.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit E.

AFPC/DPPAEQ  recommended  denial  noting  that   the   DoD   Financial
Management Regulation 7000-14R, Volume II, Section  7A,  outlines  the
reasons when  recoupment  action  is  appropriate  and  based  on  the
discharge separation  program  designator  (SPD)  code.   Regarding  a
personality disorder, it states, "Personality Disorder:  Recoupment is
required for administrative discharges.  Recoupment  is  not  required
when member is  medically  discharged  with  a  physical  disability."
According to AFPC/DPPAEQ, DFAS notified the applicant that  he  had  a
delinquent balance to the government.  The balance  was  the  unserved
portion of his term of enlistment.  The discharge  was  administrative
in nature and not based on a physical disability.  The  discharge  was
initiated after a  pattern  of  substandard  performance  and  alcohol
abuse.

A complete copy of the AFPC/DPPAEQ evaluation is at Exhibit F.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on  21
Feb 03 for review and response.  As of this date, no response has been
received by this office (Exhibit G).

_________________________________________________________________

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.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case.
However, we find it insufficient to override the rationale provided by
the Air Force offices of primary responsibility (OPRs).  The  evidence
of record reflects that the reason for the applicant's separation from
the Air Force was an adjustment disorder.  We are not persuaded by the
evidence presented that the  applicant's  reason  for  separation  was
improper or contrary to the  governing  Air  Force  Instruction  under
which it was effected.  In view of the foregoing, and in  the  absence
of evidence that the applicant's  substantial  rights  were  violated,
that the information used as a basis for his separation was erroneous,
or that his superiors abused their discretionary authority, we find no
compelling basis to favorably consider this application.

_________________________________________________________________

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 AFBCMR Docket Number 02-
02638 in Executive Session on 25 Mar 03, under the provisions  of  AFI
36-2603:

      Mr. Robert S. Boyd, Panel Chair
      Ms. Ann-Cecile McDermott, Member
      Mr. James A. Wolffe, Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Medical Consultant, dated 8 Oct 02.
    Exhibit D.  Letter, AFPC/DPPRS, dated 30 Oct 02.
    Exhibit E.  Letter, AFPC/DPPAE, dated 2 Jan 03.
    Exhibit F.  Letter, AFPC/DPPAEQ, dated 11 Feb 03.
    Exhibit G.  Letter, SAF/MRBR, dated 21 Feb 03.




                                   ROBERT S. BOYD
                                   Panel Chair