RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-01677
            INDEX CODE:  128.05

      XXXXXXX    COUNSEL:  NONE

      XXXXXXX    HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  23 OCT 2006


___________________________________________________________________

APPLICANT REQUESTS THAT:

Recoupment of his Selective Reenlistment Bonus (SRB) be waived.

___________________________________________________________________

APPLICANT CONTENDS THAT:

He contacted all agencies involved in  the  separation  process  to
ensure there  would  not  be  any  recoupment  of  funds  upon  his
separation.  He separated in “good faith” and should not be faulted
because of his separation and the misguidance  of  those  who  were
acting in behalf of the Air Force.

He believes because he was medically disqualified from his SRB AFSC
that he should not have to pay back the bonus.

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

___________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on  20  Aug  97  for  a
period of four years in the grade of airman first class (E/3).

He reenlisted on 6 Mar 01 for a period of six years in the grade of
senior airman (E/4), in AFSC 3P051 and received a Zone A,  Multiple
3.0, Selective Reenlistment  Bonus  (SRB)  based  on  5  years  and
7 months of continued service.

On or  about  6  Jun  02,  applicant  reported  suicidal  ideation,
depression, and anxiety.  His  symptoms  were  consistent  with  an
Adjustment Disorder with Mixed Anxiety and Depressive Symptoms (DSM
IV 309.28).  It was recommended that he  not  carry  a  weapon  for
30 days while under  psychotherapy.   A  second  episode  began  on
17 Mar 03; he was again diagnosed with Adjustment Disorder.

Based on documentation provided by the applicant, his AFSC of 3P0X1
was withdrawn due to his medical disqualification.

On 31 Oct 03, applicant was honorably released from active duty and
transferred to the Air Force Reserve, under the provisions  of  AFI
36-3208, by reason of miscellaneous/general reasons, and was issued
an RE code of 1J and  separation  code  MND  (Miscellaneous/General
Reasons).  He was credited with 6 years, 2 months, and 11  days  of
active duty service.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE reviewed this application  and  recommended  approval
stating, in part, that AFI  36-2606,  Para  2.17.2.,  states,  “SRB
termination and  recoupment  is  not  appropriate  when  an  Airman
separates prior to completion of the term  of  enlistment  for  the
following reason: Is not technically qualified  in  the  SRB  skill
because of injury, illness, or other impairment that didn’t  result
from misconduct; loses a  security  clearance  or  other  mandatory
qualification for reason other than misconduct; or for  failure  to
attain performance standards higher than those  in  effect  at  the
time of the initial bonus payment.”

A complete copy of the evaluation is at Exhibit C.

HQ AFPC/DPPRS stated that according to the DD Form  214,  applicant
was released from active  duty  for  miscellaneous-general  reasons
with Separation Program Designator (SPD) of  “MND.”   This  is  the
correct SPD for individuals separated  for  miscellaneous  reasons.
Additionally, they were unable to determine the  propriety  of  the
discharge based on the lack of records.

A complete copy of the evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant
on 9 Sep 05 for review and comment within  30  days.   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 warranting a correction to  the
record.  After thoroughly reviewing the available records  and  the
applicant’s submission, it appears the applicant believed based  on
information he received from his chain of  command,  including  his
commander, that SRB recoupment would not be appropriate.  The Board
noted that the Air Force Separations Branch was unable to determine
the propriety of the separation.  Nevertheless, we agree  with  the
recommendation of the  Air  Force  Reenlistments  office  that  the
applicant’s request  should  be  granted  based  on  the  governing
directive in effect at the time of his  separation.   Specifically,
AFI 36-2606, Paragraph 2.17.2, which provides that SRB  termination
and recoupment is not appropriate when an airman is separated prior
to the completion of  the  term  of  enlistment  due  to  technical
incompetence in the SRB skill because of injury, illness, or  other
impairment that did not result from misconduct.  In this case,  the
applicant  was  removed  from  his  AFSC   due   to   his   medical
disqualification.  Therefore, we recommend the applicant’s  records
be corrected as 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
29 October 2003, he applied for remission of the debt arising  from
the  unearned  portion  of  the  selective  reenlistment  bonus  he
received in conjunction with his 6 March 2001 enlistment,  and  his
request was approved by competent authority.

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2005-01677 in Executive Session on 29 November 2005,  under  the
provisions of AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Mr. Grover L. Dunn, Member
      Ms. Jan Mulligan, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated May 05, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, HQ AFPC/DPPAE, dated 4 Aug 05.
     Exhibit D.  Letter, HQ AFPC/DPPRS, dated 7 Sep 05, w/atchs.
     Exhibit E.  Letter, SAF/MRBR, dated 9 Sep 05.




                                   MICHAEL J. NOVEL
                                   Panel Chair




AFBCMR BC-2005-01677




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
29 October 2003, he applied for remission of the debt arising  from
the  unearned  portion  of  the  selective  reenlistment  bonus  he
received in conjunction with his 6 March 2001 enlistment,  and  his
request was approved by competent authority.







            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency