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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.

_________________________________________________________________

APPLICANT CONTENDS THAT:

The separation code should be changed to match the narrative reason for  his
separation.  He served a total of 2 years and 5 months of a  6-year  service
agreement and separated  due  to  a  medical  condition  that  impaired  his
ability to function  effectively  in  a  military  environment.   The  early
discharge could not be helped and was out of his control.  He has been  sent
a bill for recoupment of his enlistment bonus.

In support of his request, applicant provided a copy of  his  DD  Form  214,
Certificate  of  Release  or  Discharge  from  Active  Duty;   documentation
associated  with  his  indebtedness   to   the   Government,   documentation
associated with his discharge action, and his  Enlisted  Performance  Report
(EPR) rendered for the period 1 Oct 01 through  31  Jul  02.   His  complete
submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 Mar 00.   He  was  promoted
to the grade of airman first class, having assumed that grade  effective  26
Jun 00.  He enlisted in the  guaranteed  Air  Force  Specialty  Code  2A631,
which authorized him an enlistment bonus in the amount of $8,000.

On 7 Aug 02, he was notified by his commander that he was recommending  that
he be discharged from the Air Force under the provisions of AFPD  36-32  and
AFI  36-3208  for  a  condition  that  interferes  with  military   service,
specifically, a personality disorder.  Applicant was advised of  his  rights
in this matter and acknowledged receipt of the  notification  on  that  same
date.  After consulting counsel, applicant elected to  waive  his  right  to
submit statements on his own behalf.  In a legal review of  the  case  file,
the wing  staff  judge  advocate  found  the  case  legally  sufficient  and
recommended an honorable  discharge  without  probation  or  rehabilitation.
The discharge authority approved the recommendation and directed that he  be
discharged.  Applicant was honorably discharged on 13 Aug 02.  He  served  2
years, 5 months and 13 days on active duty.  He was assigned  SPD  code  JFX
which denotes "Personality Disorder."

On 13 Aug 02, applicant was notified that  a  bonus  recoupment  action  was
being initiated in the amount of $4,725.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical  Consultant  recommends  denial.   The  Medical  Consultant
states that  the  applicant  was  discharged  for  unsuitability  due  to  a
personality disorder and adjustment  disorder.   Personality  disorders  are
not medically disqualifying or  unfitting  but  may  render  the  individual
unsuitable for further military service and may be cause for  administrative
or disciplinary action due to misconduct or  unsuitability.   In  accordance
with 10 USC 2005, money for enlistment bonuses is  recoupable  provided  the
member is separating voluntarily or is being  separated  for  misconduct  or
for other specified administrative reasons.  When  administrative  discharge
is or a condition that is considered unsuiting,  including  personality  and
adjustment disorders, recoupment is required in accordance with  policy  and
regulations.  The personality disorder category code JFX is on the list  for
recoupment in accordance with  DoD  instructions.   The  Medical  Consultant
evaluation is at Exhibit C.

AFPC/DPPRSP  recommends  denial.   DPPRSP  states  that  the  discharge  was
consistent  with  the  procedural  and  substantive  requirements   of   the
discharge  regulation  and  was  within  the  discretion  of  the  discharge
authority.  The applicant did not submit any new evidence  or  identify  any
errors in his discharge processing.  The DPPRSP evaluation is at Exhibit  D.


_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to  the  applicant  on  5
Dec 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  that  would  warrant  a  change  of  the
applicant's separation code.  We see no evidence of an error in  this  case,
and after thoroughly reviewing the evidence of record, we are not  persuaded
he has been the victim of an 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 that given the circumstances of his separation, the SPD  code
and the narrative reason for his separation are  proper  and  in  compliance
with the appropriate directives.  Therefore, we  adopt  their  rationale  as
the basis for our conclusion that the applicant has not been the  victim  of
an error  or  injustice.   In  the  absence  of  persuasiveevidence  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-
01660 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 14 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 22 Oct 03.
    Exhibit D.  Letter, AFPC/DPPRSP, dated 20 Nov 03.
    Exhibit E.  Letter, SAF/MRBR, dated 5 Dec 03.




                                   THOMAS S. MARKIEWICZ
                                   Chair

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