RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01241
                       INDEX CODE:  100.06
                       COUNSEL:  NONE

                       HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

Her records be corrected to  void  the  recoupment  of  her  Selective
Reenlistment Bonus (SRB).

_________________________________________________________________

APPLICANT CONTENDS THAT:

In August 2001, while deployed she submitted the required paperwork to
reenlist in the Air  Force.   On  16  September  2001,  her  commander
notified her with an Air  Force  Form  418  that  he  was  temporarily
denying her reenlistment.  She appealed the denial request within  the
allotted time period  and  did  not  receive  a  response.   When  she
received the SRB she assumed it was okay and that she was  reenlisted.
It was not until some time later  that  she  was  contacted  that  her
appeal for  reenlistment  was  denied.   She  contacted  the  Military
Finance Department at Hill AFB and was informed  that  the  bonus  was
paid to her because her commander had failed to  sign  the  Air  Force
Form 901 and after 90 days  the  bonus  was  automatically  paid.   In
December 2001, she was  still  being  reviewed  for  reenlistment  and
garnishment began for repayment of the bonus.  Also, during this  time
she was enrolled in substance abuse classes and was referred to Mental
Health because she was showing signs of depression.  She was evaluated
by Mental Health on 28 February 2002,  which  resulted  in  her  being
recommended for discharge.  She  states  she  was  discharged  with  a
medical discharge  on  8  April  2002.   She  is  currently  receiving
disability at  Veterans  Administration  (VA)  with  a  rating  of  50
percent.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18  June  1998,  as  an
airman basic (AB) for a period of four years.

The applicant was referred to the Alcohol and  Drug  Abuse  Prevention
and Treatment Program (ADAPT) by  her  first  sergeant  following  her
being investigated for assault for an alcohol related incident  on  23
October 2000.  The applicant’s  Personnel  Reliability  Program  (PRP)
certification was suspended on 23 October 2000.

The applicant received a letter of reprimand (LOR) on 13 December 2000
and a  Unfavorable  Information  File  (UIF)  was  established  on  22
December 2000.

The applicant submitted documents indicating  on  12  July  2001,  she
signed paperwork to reenlist effective 1 August 2001.

The applicant received a non-recommendation for reenlistment from  her
unit  commander  14  September  2001.   The   basis   for   the   non-
recommendation was the applicant had a  UIF  and  required  follow  up
through Life Skills Assessment for an  alcohol  related  issue  and  a
pending  disciplinary  action.   The  commander  further   noted   the
applicant would be reevaluated pending her completion of  a  substance
abuse course.

The applicant appealed the non-recommendation on  16  September  2001.
The appeal authority denied  the  applicant’s  appeal  on  11 December
2001.  The appeal authority noted the applicant would be  reconsidered
for reenlistment upon completion of the substance abuse and  when  her
performance warranted the opportunity to serve in the USAF.

The applicant received an Article 15 in October  2001  for  conspiracy
and making a false official statement while on UIF.

The  applicant  was  involved  in  two  additional   alcohol   related
incidents:  on 12 December 2001, which caused the  applicant  to  miss
her port of call for a permanent change of station  (PCS)  and  on  16
December 2001, the applicant was involved in a motor vehicle  accident
in which she was the passenger and sustained injuries.

The applicant was evaluated and  underwent  psychological  testing  by
Mental Health on  6  and  8  February  2002  and  was  diagnosed  with
Adjustment Disorder with Depressed Mood, Alcohol Abuse,  in  remission
and  Personality  Disorder,  not  otherwise  specified   (NOS),   with
Dependent and Borderline Personality Traits.

The applicant received an Article 15 on 19 February 2002  for  failing
to go at the time prescribed to her appointed place of duty.  For this
misconduct her punishment consisted  of  reduction  to  the  grade  of
airman first class, with a new date of rank (DOR) of 25 February 2002,
forfeiture of $250.00 of pay per month for
two months, suspended until 24 August 2002, after which time it  would
be remitted without further action, unless sooner vacated and 17  days
of  extra  of  duty.   The  applicant  appealed  the   punishment   on
25 February 2002.  The appeal was granted on 12 March 2002.

On 13 March 2002, the applicant was notified of her commander’s intent
to recommend her for a discharge from the Air Force for a  personality
disorder.  The commander indicated that as a result of an  examination
on or about 28 February 202 by a  health  care  professional  she  was
diagnosed with an Adjustment Disorder  with  Depressed  Mood;  Alcohol
Abuse, in remission; Personality  Disorder  NOS,  with  Dependent  and
Borderline Personality Traits and Occupational problems.

The commander advised the applicant of her right  to  consult  legal
counsel, and an appointment had been made for  her,  and  to  submit
statements in her own behalf.   She  was  advised  that  failure  to
consult with counsel  or  submit  statements  could  constitute  her
waiver of her rights to do so.

On 13 March 2002, the applicant signed a Statement of  Understanding
Regarding  Recoupment  of  Educations  Assistance,  Special  Pay  or
Bonuses acknowledging the criteria for recoupment.

On 14 March 2002, the  applicant,  after  consulting  with  counsel,
waived her right to submit a statement.

On 2 April 2002, a legal review was conducted in which the staff judge
advocate recommended the applicant be  discharged  with  an  honorable
discharge.   The  applicant  was  not  eligible  for   probation   and
rehabilitation.

A resume of applicant's available performance reports follows:

            PERIOD ENDING         OVERALL EVALUATION

                  *22 Dec 01            2
                   22 Dec 00            4

*Referral Report

On 3 April 2002,  the  discharge  authority  approved  an  honorable
discharge.

The applicant was discharged with an honorable  discharge  on  8 April
2002, under the provisions of AFI 36-3208,  Personality  Disorder,  in
the grade of senior airman.  She served 3 years, 9 months and 21  days
of active duty.

_________________________________________________________________

AIR FORCE EVALUATION:

The  Chief  Medical  Consultant,  AFBCMR,  states  the  applicant  was
discharged  for  unsuitability  due  to  Personality  and   Adjustment
Disorders.   Personality  Disorders  are   life   long   patterns   of
maladjustment in the individual’s personality which interfere with the
individual’s normal social and occupational functioning and may impair
the individual’s ability to cope with  stress.  Personality  Disorders
often present with symptoms of other conditions  such  as,  Adjustment
Disorder, and depression.  An Adjustment Disorder is characterized  by
marked psychological distress in response  to  identifiable  stressors
that overcome the individual’s  ability  to  cope  and  is  frequently
associated with significant  impairment  in  social  and  occupational
functioning.  The emotional and behavioral responses may be in  excess
of what would normally be expected given the nature of the  stressors.
Manifestations can include depressed mood, anxiety,  and  disturbances
of conduct.  The Adjustment Disorder may resolve  once  the  stressors
are  eliminated  from  the  individuals  environment.   However,   the
maladaptive personality  traits  of  a  Personality  Disorder  do  not
resolve.

When a servicemember is administratively discharged  for  a  condition
that  is  considered  unsuiting,  including  personality,  adjustment,
impulse control disorders or a phobia,  recoupment  is  merited  under
current policy and regulation.

Based on the  evidence  provided  the  Medical  Consultant  recommends
denying the requested relief.

A copy of the Air Force evaluation is attached at Exhibit C.

AFPC/DPPAES states the applicant’s reenlistment was processed  without
her  commander’s  endorsement  and  the  Military   Personnel   Flight
erroneously issued a $11,442.07 (before tax) SRB to applicant in  July
2001.  Recoupment was initiated in December  2001.   At  time  of  the
applicant’s  involuntary  discharge,  the  applicant  had  a  debt  of
$9,785.71 to the Air Force, which is  still  in  effect  today.   They
further state that although the SRB was issued  the  applicant  should
have realized that she was not reenlisted.   HQ  AFPC/DPPAES  believes
the recoupment action is valid and recommends the applicant’s  request
be denied.

A copy of the Air Force evaluation is attached at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant  reviewed  the  Air  Force  Evaluation  and  states  she
believes she was wrongfully diagnosed with a personality
disorder.   She  applied   for   disability   through   the   Veterans
Administration (VA) and was denied disability because her  personality
disorder was not service connected.  She informed the VA that she felt
she had been misdiagnosed with a personality  disorder,  underwent  an
evaluation by  the  VA,  and  was  diagnosed  with  Bipolar  Affective
Disorder, Type 1,  Depressed  with  a  50  percent  disability  rating
effective 9 April 2002.  She  further  believes  the  decision  by  VA
should be evidence to show that she was  discharged  under  the  wrong
conditions and her discharge should be corrected to reflect this.

Applicant’s complete response with attachments is attached at  Exhibit
F.

_________________________________________________________________

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.  The applicant contends that when
she received the SRB it was okay for her to keep it since she had  not
received a response regarding her appeal for denial  of  reenlistment.
We do not agree.  The applicant appealed the non-recommendation on  16
September 2001.  The appeal authority denied the appeal on 11 December
2001.  No explanation has been offered as to length of  time  is  took
for the appeal authority to act on  the  applicant’s  appeal  request.
Regardless, it is noted the enlistment contract does not  contain  the
commander’s approval of the enlistment  action.   In  accordance  with
policy, bonuses are recoupable provided  the  servicemember  is  being
separated voluntarily, separated for misconduct or  other  unspecified
administrative reasons.  Had  the  applicant  been  separated  with  a
medical condition that  required  evaluation  through  the  disability
system, recoupment of the bonus would not be required.   However,  the
applicant was separated from the Air Force with an honorable discharge
with an suiting condition (Personality Disorder) which falls under the
purview of governmental policy for recoupment.  Therefore, in view  of
the above and 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 AFBCMR Docket Number BC-
2003-01241  in  Executive  Session  on  2  December  2003  under   the
provisions of AFI 36-2603:

                 Mr. Richard A. Peterson, Panel Chair
                 Ms. Patricia D. Vestal, Member
                 Mr. James W. Russell III, Member

The following documentary evidence was considered:

      Exhibit A. DD Form 149, 4 Apr 03, w/atchs.
      Exhibit B. Applicant's Master Personnel Records.
      Exhibit C. Letter, AFBCMR Medical Consultant, dated
                       29 Jul 03.
      Exhibit D. Letter, HQ AFPC/DPPAE, dated 3 Oct 03.
      Exhibit E. Letter, SAF/MRBR, dated 10 Oct 03.
      Exhibit F. Applicant’s Response dated 1 Nov 03, w/atchs.




                             RICHARD A. PETERSON
                             Panel Chair