RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-02789
INDEX NUMBERS: 112.10, 128.05
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The reason for his discharge be changed to remove the indebtedness
established as a result of the enlistment bonus he received while on active
duty.
_________________________________________________________________
THE APPLICANT CONTENDS THAT:
He should not be penalized because he left the Air Force due to mental
health problems. He is a single father and raising a two and a half-month-
old baby by himself. Since his discharge, he has been working as a
security guard; however, due to his combined indebtedness of $30,000.00, he
is barely getting by. If he is required to pay the debt owed to the
government, he will be put out on the streets and in need of State
assistance.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force for a period of six years
on 27 January 1999 and received an Initial Enlistment Bonus (IEB) of
$6,000.00. He was treated for Attention-Deficit/Hyperactivity Disorder at
Tinker Outpatient Mental Health Clinic on 13 December 1999. He underwent a
Mental Health Evaluation on 13 March 2001, and his condition was diagnosed
as an adjustment disorder and his discharge recommended. On 8 May 2001, he
received notification that he was being recommended for discharge because
he had a condition that interfered with military service. He received an
honorable discharge on 15 May 2001, under the provisions of AFI 36-3208
(Unsuitability). He completed a total of 2 years, 3 months, and 15 days of
active service.
_________________________________________________________________
AIR FORCE EVALUATION:
The BCMR Medical Consultant recommends the application be denied. The BCMR
Medical Consultant states, in part, that when administrative discharge is
for a condition that is considered unsuiting, including personality
disorder, adjustment disorder, impulse control disorders, or a phobia such
as fear of flying recoupment is warranted. The applicant was
administratively discharged for an unsuiting condition and subject to
recoupment. If an individual is discharged for an unfitting physical
disability then recoupment is not required.
The BCMR Medical Consultant evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT’S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the applicant
on 5 May 2004 for review and response within 30 days. However, 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. Sufficient relevant evidence has been presented to demonstrate the
existence of error or injustice. In this respect, we note that since the
applicant was administratively discharged for an unsuiting condition, he is
subject to recoupment of the enlistment bonus he received. However, if he
had been discharged for an unfitting physical disability, recoupment would
not have been required. Applicant states that he has been unable to find a
good job since his separation and is the single father of a two and one-
half-old month baby. He further states that he has substantial debts to
his parents and the Chandler Regional Hospital for medical expense.
Although recoupment of applicant’s enlistment bonus is in accordance with
Air Force Instructions and Department of Defense Regulations, in view of
the financial hardship it will place upon applicant, we believe the
interest of justice can best be served by correcting his records to the
extent indicated below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that on 15 May 2001, he requested
remission of his indebtedness incurred as a result of his Initial
Enlistment Bonus (IEB), and his request was approved by competent
authority.
_________________________________________________________________
The following members of the Board considered Docket Number BC-2003-02789
in Executive Session on 21 July 2004, under the provisions of AFI 36-2603:
Mr. Michael K. Gallogly, Panel Chair
Ms. Martha J. Evans, Member
Mr. James W. Russell, III, Member
All members voted to correct the records, as recommended. The following
documentary evidence was considered:
Exhibit A. DD Form 149, dated 12 Aug 03, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, BCMR Medical Consultant, dated 29 Apr 04.
Exhibit D. Letter, SAF/MRBR, dated 5 May 04.
MICHAEL K. GALLOGLY
Panel Chair
AFBCMR BC-2003-02789
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to XXXXXXX, XXXXXXX, be corrected to show that on 15 May 2001, he
requested remission of his indebtedness incurred as a result of his Initial
Enlistment Bonus (IEB), and his request was approved by competent
authority.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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