RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02043
            INDEX CODE: 110.02, 128.10
            COUNSEL:  None

            HEARING DESIRED:  No

MANDATORY CASE COMPLETION DATE:  1 Jan 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His Separation Program Designator (SPD) code be changed  to  one  that
does not require recoupment of the unearned  portion  of  his  Initial
Enlistment Bonus (IEB).

[Note:  The applicant’s SPD code was administratively changed, but  it
still allows recoupment of the IEB - See Statement of Facts.]

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was not provided nor did  he  sign  a  Statement  of  Understanding
regarding recoupment.

The Area Defense Counsel (ADC) at Hanscom AFB, MA, who represented the
applicant in his discharge action, provided a statement indicating  he
had  advised  the  applicant  that  recoupment  action  might  not  be
initiated since he was not provided nor did he  sign  a  Statement  of
Understanding regarding recoupment.  He provided such advice based  on
his experience as an Air Force attorney.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 18 Dec  01,  for  a
six-year term, and was authorized an IEB  of  approximately  $4000.00.
He initialed  and  signed  AF  Form  3008,  Supplement  to  Enlistment
Agreement, which states in Block A:  “I further understand, as defined
by the Department of Defense Military Pay and  Allowance  Entitlements
Manual, that should I voluntarily or involuntarily  not  complete  the
term of obligated service for which the bonus is paid, or should I not
maintain qualification in the bonus AFSC [Air Force Specialty Code], I
may be required to repay the unearned portion of the bonus.”

The applicant was  originally  assigned  to  the  963rd  Airborne  Air
Command Squadron  (963  AACS)  at  Tinker  AFB,  OK,  as  an  airborne
surveillance technician.  Around 28 Sep 04, he was assigned to the 6th
Security  Forces  Squadron  (6  SFS)  at  MacDill  AFB,  FL,   as   an
installation entry controller.

According to a Treatment Summary and Recommendation, dated  5 Apr  05,
by the 6th Medical  Operations  Squadron  clinical  psychologist,  the
applicant was hospitalized at Memorial Hospital for suicidal  ideation
on 31 Jan 05 and first seen in the Life Skills Support  Center  (LSSC)
after being discharged from the hospital on 2 Feb 05.  Over  the  next
two months, the applicant engaged in weekly  individual  psychotherapy
sessions  and  bi-weekly  medication  management  sessions.   He  also
participated in a  six-week  anger  management  group.   Although  the
applicant had been adherent with  all  treatment  recommendations,  he
continued  to  experience  significant   symptoms   of   anxiety   and
depression.  As a result,  he  was  again  hospitalized  for  suicidal
ideation on 8 Mar 05 for a period of six days.  The symptoms  appeared
to be exacerbated by his current  employment  situation  and  did  not
appear to be responding to medical treatment.  If he remained  in  his
current  life  situation,  he  more  than  likely  would  continue  to
experience significant anxiety and  depression  as  well  as  suicidal
ideation.  The Diagnosis was Adjustment Disorder  with  Mixed  Anxiety
and Depressed Mood; occupational  problems,  minimal  social  support.
The evaluation opined that  the  applicant  manifested  an  adjustment
disorder so severe that his ability to  function  effectively  in  the
military environment was significantly impaired.  There was no medical
condition  warranting  processing  under  the  disability   evaluation
system, and he was worldwide qualified.  Recommendation was that he be
separated.

On 18 May 05, the 6 SFS commander notified the applicant of his intent
to recommend an honorable discharge for Conditions that Interfere with
Military  Service:  Mental  Disorders  -  Adjustment  Disorders.   The
commander  cited  the  5 Apr  05  mental  health  evaluation  and  the
information contained therein as  the  reason  for  his  action.   The
notification letter also advised the applicant  that,  if  discharged,
any special pay, bonus, or education assistance funds may  be  subject
to recoupment.  The applicant acknowledged receipt, consulted counsel,
and waived his right to submit matters on his behalf.

Also on 18 May 05, the applicant signed a Statement  of  Understanding
Regarding Recoupment of Education Assistance, Special Pay, or Bonuses.
 He indicated his understanding that the Air  Force  was  entitled  to
recoup a portion of education assistance, special pay, or bonus  money
which he received if he separated  before  completing  the  period  of
active duty he agreed to serve [six years].

On 23 May 05, the commander recommended  the  applicant  be  honorably
discharged, without probation and rehabilitation (P&R).  The applicant
consulted counsel and waived his right to submit statements.  The case
was found legally sufficient on 25 May 05, with recommendation for  an
honorable discharge without P&R.

The discharge authority approved the recommendations on 25 May 05, and
ordered the applicant’s discharge for Mental  Disorders  -  Adjustment
Disorder.

On 3 Jun 05, the applicant was honorably discharged in  the  grade  of
senior airman after 3 years, 5 months, and 15 days of active  service.
His SPD code was “JFX” for “Personality Disorder.”

However, on 28 Jul 05, HQ AFPC/DPPRSP notified the applicant that  his
SPD code  was  administratively  changed  to  “JFF”  for  “Secretarial
Authority.”  This action was taken based on the fact the applicant was
not diagnosed  with  a  “Personality  Disorder”  but  rather  with  an
“Adjustment Disorder with Mixed Anxiety and Depressed  Mood.”   [Note:
There is no SPD code specifically  for  Adjustment  Disorders;  it  is
included under the “umbrella” code of “Personality Disorder.”]

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAES  cites  the  two  documents  signed  by  the  applicant
indicating his understanding  of  recoupment  action  if  he  did  not
complete his term of enlistment (TOE).  Based  on  the  documentation,
the applicant did not complete his six-year TOE and was aware that the
unused portion of the IEB would be recouped. Denial is recommended.

A complete copy of the evaluation is at Exhibit C.

HQ  AFPC/DPPRS  defers  to  HQ  AFPC/DPPAE  regarding  the  recoupment
requirement.  Based  on  the  documentation  on  file  in  the  master
personnel records, the applicant’s discharge was consistent  with  the
procedural and substantive requirements of the  discharge  regulation.
The discharge was within the discretion of the discharge authority and
the applicant’s request should be denied.

A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations  were  forwarded  to  the
applicant on 5 Aug 05 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.  After a thorough review  of  the
applicant’s military personnel record and his  appeal  submission,  we
are not persuaded his SPD code should be changed to one that would not
recoup the unearned portion of his IEB.  The contentions made  by  the
applicant and his ADC were duly noted; however, we do not  find  these
assertions, in and by themselves, sufficiently persuasive to  override
the evidence of record and the rationale provided by  the  Air  Force.
The applicant’s SPD code was administratively changed to “JFF” because
he was diagnosed with Adjustment Disorder and there is no SPD code for
that specific condition other than the “umbrella” code for Personality
Disorder.  However, the new code does not  set  aside  the  recoupment
action.  Contrary to the ADC’s assertions, the applicant did, in fact,
acknowledge that he understood the unearned portion of his  IEB  would
be recouped if he did not complete his  term  of  enlistment  when  he
signed his enlistment contract on 18 Dec  01,  and  the  Statement  of
Understanding on 18 May 05.  He was further advised of the possibility
of bonus recoupment in the commander’s 18 May 05 Notification  Letter.
We therefore agree with the recommendations of the Air Force and adopt
the rationale expressed  as  the  basis  for  our  decision  that  the
applicant has not sustained his burden of having  suffered  either  an
error or an injustice.  In view of the  above  and  absent  persuasive
evidence to the contrary, we find no  compelling  basis  to  recommend
granting the relief sought.

_________________________________________________________________

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 20 October 2005 under the provisions of  AFI  36-
2603:

                 Ms. Kathleen F. Graham, Panel Chair
                 Mr. James A. Wolffe, Member
                 Ms. Kathy L. Boockholdt, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2005-02043 was considered:

   Exhibit A.  DD Form 149, dated 21 Jun 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAES, dated 25 Jul 05.
   Exhibit D.  Letter, HQ AFPC/DPPRS, dated 28 Jul 05.
   Exhibit E.  Letter, SAF/MRBR, dated 5 Aug 05.





                                   KATHLEEN F. GRAHAM
                                   Panel Chair