RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2004-03414
            INDEX CODE:  128.05

            COUNSEL:  NONE

            HEARING DESIRED:  YES


MANDATORY CASE COMPLETION DATE:  7 JUNE 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His narrative reason for discharge be changed  to  reflect  a  medical
reason that would not require recoupment of his enlistment bonus.
_________________________________________________________________

APPLICANT CONTENDS THAT:

Since his military separation, he has been diagnosed with brain damage
believed to have been caused during his  Air  Force  technical  school
assignment.

In support of his request, the applicant submits copies  of  pertinent
medical records from the Department of Veterans Affairs  (DVA)  and  a
Congressional inquiry, with attachments, which includes a letter  from
his parents and a 24 May 2004 statement from  his  psychologist.   The
applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant contracted his enlistment in the Regular  Air  Force  on  20
June 2002 for a period of six years, in the grade of airman,  under  a
Guaranteed Training Enlistment Agreement in Security  Forces,  with  a
$4,000.00 enlistment bonus.  As part of the enlistment bonus agreement
(AF Form 3008, dated 20 June 2002), the applicant agreed to repay  the
unearned portion of the bonus if he  failed  to  fulfill  his  service
obligation.

On 26 March 2003, the  applicant  was  diagnosed  with  an  Adjustment
Disorder with Mixed Disturbance of Emotion and Conduct, which rendered
him unsuitable for continued service.

On 27 March 2003, the applicant  received  notification  that  he  was
being recommended for discharge for having  a  Mental  Disorder.   The
reason for this action was due to being diagnosed with  an  Adjustment
Disorder with Mixed Disturbance of Emotion and  Conduct,  a  condition
that renders him unsuitable for continued service in  the  Air  Force.
The applicant acknowledged receipt of the notification  and  signed  a
Statement  of  Understanding   Regarding   Recoupment   of   Education
Assistance, Special Pay or Bonuses on 27  March  2003.   On  28  March
2003, he consulted military legal counsel and declined to  submit  any
written statements in his behalf.  The wing legal office reviewed  the
case and found it legally sufficient to  support  separation.   On  31
March  2003,  the  discharge  authority   approved   the   recommended
separation and directed that the  applicant  be  issued  an  honorable
discharge.

The applicant was honorably discharged  on  4  April  2003  under  the
provisions of AFI 36-3208 (personality disorder).  He had completed  a
total of 9 months and 14 days and was serving in the grade  of  airman
(E-2) at the time of discharge.

The records of the Department of Veterans Affairs  (DVA)  reflect  the
applicant was granted a combined disability rating of 60 percent on  8
March 2004.
_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the  application  be  approved.
The BCMR  Medical  Consultant  states  that,  although  DVA  documents
reflect a reported history of a  significant  head  trauma  while  in-
service, review of service medical records show a single incident of a
bruised jaw sustained when he fell striking his right jaw on the  butt
of his rifle.  He denied any loss of consciousness and on  examination
was noted to be alert and oriented.  No evidence of fractured  jaw  or
signs or symptoms of head injury  were  noted.   The  service  medical
record contains copies  of  civilian  medical  documentation  of  pre-
service head injuries that occurred in February 2002 and May 2002 just
prior to his entry on active duty in June 2002.  Review of the service
medical record reveals an entry, dated 8 October 2002, one month prior
to hitting his jaw on his rifle, documenting  symptoms  of  difficulty
coping with stress.  The applicant experienced worsening  symptoms  in
January 2003 associated with alcohol abuse.  Despite mental health and
alcohol  abuse  counseling,  the   applicant   experienced   recurrent
depressed mood and abuse of alcohol.

The BCMR Medical  Consultant  states  the  applicant’s  discharge  for
unsuitability due to a diagnosis of Adjustment Disorder is subject  to
recoupment  of  his  enlistment  bonus  under   current   policy   and
regulation.  The applicant’s in-service problems  were  compounded  by
his misuse of alcohol, which  recurred  despite  participation  in  an
alcohol  abuse  counseling  program.    In   applicant’s   case,   the
persistence of symptoms post-service reflects  ongoing  problems  more
complex than simple Adjustment  Disorder.   Following  discharge,  the
applicant continued to abuse alcohol  (and  other  drugs),  experience
depressed mood and demonstrate impulsive behavior resulting  in  legal
problems and significant occupational  instability.   The  applicant’s
problems are now attributed by his psychologist to brain  injury  from
repeated head trauma compounded by continued alcohol abuse.  There  is
no evidence in the service medical record of any head injury or  other
illness that would result in  brain  injury.   Thus,  the  applicant’s
brain condition was not caused by, or aggravated by service beyond the
natural course of the condition.  His alcohol abuse is clearly a major
contributing factor to his in-service and post-service  problems.   In
retrospect, if, while in-service, the applicant’s mental condition had
been attributed to the pre-service head injuries,  evaluation  in  the
disability system would have resulted in discharge  without  severance
pay for a disability that existed prior to service and  that  was  not
permanently aggravated by service.  When  discharged  for  an  Existed
Prior to Service (EPTS) condition without service  aggravation,  there
is no recoupment of enlistment bonuses.

The BCMR Medical Consultant states is of the opinion that a change  of
the SPD code  to  one  that  does  not  require  bonus  recoupment  is
supported by the preponderance of the medical evidence of  this  case.
The BCMR Medical Consultant evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded  to  applicant  on  1
April 2005 for review and response.  As of this date, no response  has
been received by this office (Exhibit E).
_________________________________________________________________

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.   After  reviewing  the  applicant’s
submission and the evidence of record, we are persuaded that relief is
warranted.  In this respect, we are in agreement with the opinion  and
recommendation of the AFBCMR Medical Consultant that  the  unique  and
complex medical aspects of this case support a change of the SPD  code
to one that does  not  require  bonus  recoupment.   In  view  of  the
foregoing, we recommend the applicant’s records be  corrected  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 his  narrative  reason
for separation, issued in conjunction with his Honorable Discharge  on
4 April 2003, was “Disability, Existed Prior to Service,” that he  was
issued a Separation Program Designator (SPD) code of “JFM.”
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 17 May 2005, under the provisions of AFI 36-2603:

                  Ms. B. J. White-Olson, Panel Chair
                  Ms. Patricia R. Collins, Member
              Ms. Janet I. Hassan, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2004-03414.

   Exhibit A.  DD Form 149, dated 15 Oct 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, BCMR Medical Consultant, dated 28 Mar 05.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Apr 05.




                                   B. J. WHITE-OLSON
                                   Panel Chair



AFBCMR BC-2004-03414




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 APPLICANT be corrected to show that his narrative
reason for separation, issued in conjunction with his Honorable
Discharge on 4 April 2003, was “Disability, Existed Prior to Service,”
that he was issued a Separation Program Designator (SPD) code of
“JFM.”




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency