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AF | BCMR | CY2004 | BC-2003-01147
Original file (BC-2003-01147.DOC) Auto-classification: Denied

                            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The recoupment of her Initial Enlistment Bonus (IEB) be rescinded.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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