RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2002-02665
INDEX NUMBER: 128.00
XXXXXXXXXXXXXXX COUNSEL: None
XXX-XX-XXXX HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
He not be required to repay the Initial Enlistment Bonus that he
received and that all recouped monies be returned to him.
_________________________________________________________________
APPLICANT CONTENDS THAT:
His contract stated that he would only be required to pay back his
bonus if he separated voluntarily or was separated involuntarily for
misconduct. He was separated involuntarily for mental health issues.
The applicant’s complete submission, with attachments, is at Exhibit
A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant entered active duty in the Air Force on 12 Sep 00. On 9
Jul 02, his squadron commander notified him that he was recommending
his discharge from the Air Force for conditions that interfere with
military service--mental disorders. The applicant acknowledged
receipt on 9 Jul 02 and consulted counsel. After consulting counsel,
he waived his right to submit statements in his behalf. After a
medical review of his medical records, it was determined that a
physical examination for separation was not required. On 15 Jul 02,
the applicant’s squadron commander recommended to the wing commander
that the applicant be discharged from the Air Force for conditions
that interfere with military service--mental disorders. Under
derogatory data, it reflected that the applicant received a letter of
reprimand on 20 Mar 02 for disrespect to three noncommissioned
officers. On 16 Jul 02, the wing staff judge advocate found the
proposed discharge of the applicant legally sufficient. On 19 Jul 02,
the wing commander approved the applicant’s discharge with an
honorable discharge without probation and rehabilitation. The
applicant was discharged on 19 Jul 02 with a narrative reason of
“Personality Disorder,” a separation code of JFX, and a reenlistment
eligibility (RE) code of “2C,” “Involuntarily separated with an
honorable discharge.”
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial of the applicant’s
request. Enlistment bonuses are recoupable provided the member is
separating voluntarily, or is being separated for misconduct, or for
other specified administrative reasons. Rules for recoupment of
enlistment, reenlistment, and retention bonuses are found in AFI 36-
2606 and the DoD Financial Management Regulation, Vol 71, Chapter 9.
When administrative discharge is for a condition that is considered
unsuiting, including personality disorder, adjustment disorder,
impulse control disorders, or other phobia such as fear of flying,
recoupment is warranted under current policy.
The complete evaluation is at Exhibit C.
AFPC/DPPRS recommends denial of the applicant’s request to have his
separation code changed to one that would not require him to repay his
enlistment bonus. The applicant’s separation designator code (SPD) of
“JFX” is correct based on the reason for discharge.
The complete evaluation is at Exhibit D.
AFPC/DPPAEQ recommends that the applicant’s requests be denied. The
applicant’s discharge was administrative in nature, not based on a
physical disability, and his personnel records reflect a history of
misconduct.
The complete evaluation is at Exhibit E.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on
16 May 03 for review and comment within 30 days. To date, a response
has not been received.
_________________________________________________________________
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 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. Therefore, in the absence of
evidence to the contrary, we find no compelling basis to recommend
granting the relief sought in 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 Docket Number BC-2002-
02665 in Executive Session on 16 July 2003, under the provisions of
AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Mr. John B. Hennessey, Member
Ms. Barbara J. White-Olson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 21 Jul 02.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Memorandum, BCMR Medical Consultant, dated
25 Oct 02
Exhibit D. Memorandum, AFPC/DPPRS, dated 18 Feb 03.
Exhibit E. Memorandum, AFPC/DPPAEQ, dated 6 May 03
Exhibit F. Letter, SAF/MRBR, dated 16 May 03.
Exhibit G. Statement, Applicant, undated.
MICHAEL K. GALLOGLY
Panel Chair
AF | BCMR | CY2003 | BC-2002-02638
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. _________________________________________________________________ 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...
AF | BCMR | CY2005 | BC-2004-03003
A complete copy of the AFPC/DPPAEQ evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to applicant on 14 Jan 05 for review and response. A complete copy of the Medical Consultant’s evaluation is at Exhibit E. _________________________________________________________________ APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION: A copy of the Air Force...
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: 02-00647 INDEX CODE: 100.03 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her separation code be changed. The BCMR Medical Consultant states that the applicant was administratively separated due to an adjustment disorder with mixed disturbance of emotions and conduct, and traits of a personality disorder. On...
AF | BCMR | CY2007 | BC-2006-00898
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-00898 XXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 SEP 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His separation program designator (SPD) code of “JFF” be changed to one that would not require him to repay his enlistment bonus. On 9 Jul 03, the office of the Staff Judge Advocate found...
AF | BCMR | CY2005 | BC-2005-02043
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-02043 INDEX CODE: 110.02, 128.10 COUNSEL: None HEARING DESIRED: No MANDATORY CASE COMPLETION DATE: 1 Jan 07 _________________________________________________________________ APPLICANT REQUESTS THAT: His Separation Program Designator (SPD) code be changed to one that does not require recoupment of the unearned portion of his Initial Enlistment Bonus (IEB). His SPD code was “JFX”...
AF | BCMR | CY2004 | BC-2003-01660
RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2003-01660 INDEX CODE: 110.02 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: His separation code (JFX) be changed. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material...
AF | BCMR | CY2005 | BC-2005-02095
_________________________________________________________________ APPLICANT CONTENDS THAT: She previously filed a complaint with the Inspector General (IG) office at her base of assignment when she separated from the Air Force regarding the requirements for repayment of SRBs and has not received a response. Although the evidence indicates the policy was properly applied in her case, it appears she believes a class of Air Force personnel, i.e., those involuntarily separated for misconduct,...
AF | BCMR | CY2006 | BC-2006-00227
In support of his request, the applicant provided documents extracted from his military personnel records Applicant’s complete submission, with attachments, is at Exhibit A. On 20 May 2004 the Air Force Discharge Review Board (AFDRB) considered and approved the applicant’s request that his general discharge be upgraded to an honorable discharge and his RE code be changed. On 12 July 2006, copies of the Air Force evaluations were forwarded to the counsel for review and response within 30...
AF | BCMR | CY2005 | BC-2004-02430
The BCMR Medical Consultant does not conclude that the evidence in the service medical records support change of records to show disability discharge for anxiety disorder and notes that the predominant diagnosis interfering with duty at the time was the non-compensable personality disorder. The complete evaluation is at Exhibit C. _________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A response to the Air Force evaluation was provided...
AF | BCMR | CY2006 | BC-2005-02095A
__________________________________________________________________ AIR FORCE EVALUATIONS: Pursuant to the Board’s request, AFPC/DPPRS provided an information only evaluation of the applicant’s request for reconsideration of her case. AFPC/JA notes that this individual fell under the Date of Separation (DOS) Rollback Program. __________________________________________________________________ The following members of the Board considered this application in Executive Session on 7 June 2006,...