Search Decisions

Decision Text

AF | BCMR | CY2003 | BC-2002-02665
Original file (BC-2002-02665.doc) Auto-classification: Denied

                       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

Similar Decisions

  • AF | BCMR | CY2003 | BC-2002-02638

    Original file (BC-2002-02638.doc) Auto-classification: Denied

    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

    Original file (BC-2004-03003.DOC) Auto-classification: Denied

    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...

  • AF | BCMR | CY2003 | 0200647

    Original file (0200647.doc) Auto-classification: Denied

    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

    Original file (BC-2006-00898.doc) Auto-classification: Denied

    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

    Original file (BC-2005-02043.doc) Auto-classification: Denied

    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

    Original file (BC-2003-01660.DOC) Auto-classification: Denied

    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

    Original file (BC-2005-02095.doc) Auto-classification: Denied

    _________________________________________________________________ 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

    Original file (BC-2006-00227.doc) Auto-classification: Denied

    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

    Original file (BC-2004-02430.doc) Auto-classification: Approved

    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

    Original file (BC-2005-02095A.doc) Auto-classification: Denied

    __________________________________________________________________ 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,...