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AF | BCMR | CY2005 | BC-2004-03003
Original file (BC-2004-03003.DOC) Auto-classification: Denied


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03003
            INDEX CODE:  128.05

            COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  26 Mar 06

_________________________________________________________________

APPLICANT REQUESTS THAT:

The recoupment of his initial enlistment bonus (IEB) be waived.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He believes the recoupment of the bonus  was  unjust  because  of  his
being discharged for a mental disorder, which was a  situation  beyond
his control, and the financial hardship repaying the bonus has  caused
him and his family.

In support of his appeal, the applicant provided an expanded statement
and a copy of his separation document.

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

_________________________________________________________________

STATEMENT OF FACTS:

Applicant’s available military personnel records indicate he  enlisted
in the Regular Air Force on 4 Apr 01 in the grade of airman basic.  He
was honorably discharged on 21 Jun 02 under the provisions of AFI  36-
3208 (Mental Disorder),  with  a  separation  code  of  JFX.   He  was
credited with 1 year, 2 months, and 18 days of active service.

On 6 Jan 05, AFPC/DPPRSP administratively  corrected  the  applicant’s
narrative  reason  for  discharge  to  “Secretarial   Authority”   and
separation code to “JFF”.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAEQ recommended denial indicating that recoupment is  required
for administrative discharges, but  not  required  when  a  member  is
medically discharged with  a  physical  disability.   The  applicant’s
discharge was administrative in nature and not  based  on  a  physical
disability.  It was initiated after the applicant exhibited a  pattern
of trouble submitting to authority and depression.

A complete copy of the AFPC/DPPAEQ evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  14
Jan 05 for review and response.  As of this date, no response has been
received by this office (Exhibit D).

_________________________________________________________________

ADDITIONAL AIR FORCE EVALUATION:

The Medical Consultant noted  the  applicant  was  diagnosed  with  an
adjustment disorder  with  depressed  mood  and  was  administratively
discharged for  this  unsuiting  condition.   When  an  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  merited  under
current policy and regulation.  If a member  is  medically  discharged
with an unfitting physical disability then recoupment is not required.
  This  requires  evaluation  through  the   disability   system   and
recommendation for disability discharge or retirement by the  Physical
Evaluation Board.  According to the Medical Consultant, the action and
disposition  in  this  case  were  proper  and  equitable   reflecting
compliance with Air Force directives that implement the law, and  that
no change in the records is warranted.

A complete copy of the Medical Consultant’s evaluation is  at  Exhibit
E.

_________________________________________________________________

APPLICANT'S REVIEW OF ADDITIONAL AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  27
Apr 05 for review and response.  As of this date, no response has been
received by this office (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.  After a thorough review  of  the
available evidence, we are not persuaded that any corrective action is
warranted  in  this  case.   The  evidence  of  record  indicates  the
applicant was administratively discharged for a  mental  disorder  and
given a separation code which required recoupment  of  his  enlistment
bonus.  No evidence has been presented which would lead us to  believe
his discharge was improper or contrary to  the  prevailing  directive.
We note the applicant’s reason for separation and  corresponding  code
have been administratively changed because he was  actually  diagnosed
with an adjustment disorder rather than a mental  disorder.   However,
it does not change the fact that any unearned  portion  of  his  bonus
must be recoupment since his separation was  still  administrative  in
nature.  In view of the foregoing, and in the absence of  evidence  to
the contrary, we conclude  no  basis  exists  to  recommend  favorable
action  on  the  applicant’s  request  that  the  recoupment  of   his
enlistment bonus be waived.

_________________________________________________________________

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  this  application  in
Executive Session on 8 Jun 05, under the provisions of AFI 36-2603:

      Mr. Michael K. Gallogly, Panel Chair
      Ms. Dorothy P. Loeb, Member
      Mr. Clarence D. Long III, Member

The following documentary evidence pertaining to AFBCMR Docket  Number
BC-2004-03003 was considered:

    Exhibit A.  DD Form 149, dated 17 Sep 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAEQ, dated 27 Dec 04.
    Exhibit D.  Letter, SAF/MRBR, dated 14 Jan 05.
    Exhibit E.  Letter, Medical Consultant, dated 20 Apr 05.
    Exhibit F.  Letter, AFBCMR, dated 27 Apr 05.




                                   MICHAEL K. GALLOGLY
                                   Panel Chair

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