RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-01147
INDEX CODE: 128.10
COUNSEL: NONE
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The recoupment of her Initial Enlistment Bonus (IEB) be rescinded.
_________________________________________________________________
APPLICANT CONTENDS THAT:
She came in the Air Force to perform in a particular Air Force Specialty
Code (AFSC). After nearly two years of service, she was medically
disqualified from the AFSC. Prior to separation, it was indicated on her
separation forms that there was no indebtedness owed. She was not required
to pay back the bonus when she was disqualified and not performing duties
in the AFSC; therefore, the bonus should not have been recouped upon her
separation.
In support of her request, applicant provided her AF Form 1042, Medical
Recommendation for Flying or Special Operational Duty; and her AF Form 31,
Airman's Request for Early Separation/Separation Based on Change in Service
Obligation. Her complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 24 May 00 in the grade of
airman first class. Her enlistment contract authorized an IEB in the
amount of $12,000, in the guaranteed AFSC of 1C131, Air Traffic Control
Apprentice. On 4 Feb 02, she was disqualified from Air Traffic Control for
reasons beyond her control and placed in an "Airman Awaiting Retraining"
status. On 25 Jun 02, applicant submitted a request for voluntary
separation for pregnancy reasons. She requested a date of separation of
20 Sep 02. Her request was approved and on 20 Sep 02, she was honorably
discharged from the Air Force. She served 2 years, 3 months, and 27 days
on active duty. On 28 Oct 02, an indebtedness to the Government in the
amount of $6,527.92 was established.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends denial. The Medical Consultant
states that her enlistment contract states "...I further understand, as
defined by DoD Military Pay and Allowance Entitlements Manual, that should
I voluntarily or involuntarily not complete the term of obligated service
for which the bonus is paid, or should I not maintain qualification in the
bonus AFSC, I may be required to repay the unearned portion of the bonus."
She was medically disqualified from Air Traffic Control duty due to
migraine headaches. Her migraines were not disqualifying for continued
general military service. While pending a decision regarding retraining
she became pregnant and applied for separation.
Enlistment bonuses are recoupable provided the member is separating
voluntarily, or is being separated for misconduct, or for other specified
administrative reasons. The applicant was diagnosed with an adjustment
disorder and documents suggest her psychologist recommended administrative
separation; however, her commander elected not to follow this
recommendation. When a member is discharged for a condition that is
considered unsuiting, including personality disorder, adjustment disorder,
impulse disorder, or a phobia, recoupment of enlistment bonuses is merited
under current policy. Thus, if she had been administratively discharged
for her unsuiting condition, recoupment would have also been initiated.
The Medical Consultant evaluation is at Exhibit C.
AFPC/DPPAE recommends denial. DPPAE states that upon her disqualification
from the Air Traffic Control AFSC a waiver was approved for her IEB not to
be recouped at that time with the expectation that she would complete her
full term of service. She voluntarily chose to separate and not complete
her full term of service, and recoupment action was taken in accordance
with DoD Financial Management Regulation guidelines. The DPPAE evaluation
is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Copies of the Air Force evaluations were forwarded to the applicant on 21
Nov 03 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. After a thorough review of the evidence
of record and the applicant's submission, we are not persuaded by her
contentions that her obligation to repay the government for the unserved
portion of her enlistment for which she received an IEB should be
rescinded. We see no evidence that the standards of Air Force policy were
inappropriately applied in this case or that she was treated differently
than others in similar situations. 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 she has not been
the victim of an error or injustice. In the absence of persuasive 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-
001147 in Executive Session on 8 Jan 04, under the provisions of AFI 36-
2603:
Mr. Thomas S. Markiewicz, Chair
Mr. James A. Wolffe, Member
Ms. Cheryl Jacobson, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter,, dated.
Exhibit D. Letter, SAF/MRBR, dated.
THOMAS S. MARKIEWICZ
Chair
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