RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2004-03494
                                       INDEX CODE:  112.10
      XXXXXXXXXXXXXXX                   COUNSEL: NONE

      XXXXXXXXX                         HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  13 May 2006

_________________________________________________________________

APPLICANT REQUESTS THAT:

His general discharge be changed to  an  honorable  discharge  with  medical
disability in order to relieve  him  of  his  obligation  to  pay  back  his
enlistment bonus.

_________________________________________________________________

APPLICANT CONTENDS THAT:

After his  return  from  Afghanistan,  he  began  to  experience  very  dark
depression, which led to his excessive  drinking.   His  excessive  drinking
contributed to the incident that led to his dismissal from  the  Air  Force.
Since his release, the Department of Veterans Affairs  (DVA)  determined  he
suffers from  Bipolar  I  Disorder  which  they  determined  to  be  service
related.  He feels he was released from active duty without  proper  medical
examination and analysis.  Proper medical evaluation prior  to  his  release
would have resulted in an honorable discharge with a medical disability  and
relieved him of his obligation to repay his service bonus.

In support of his application, the applicant provides a statement  from  his
parents; a copy of his DD Form 214,  Certificate  of  Release  or  Discharge
From Active Duty, Department of  Veterans  Affairs  (DVA)  decision  on  his
disability; and financial  documentation  concerning  his  enlistment  bonus
recoupment.  The applicant’s complete submission, with  attachments,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 3 January 2001, the applicant enlisted in the Regular Air  Force  at  the
age of 19 in the grade of airman basic (E-1) for  a  period  of  six  years.
For enlisting  six  years  as  an  Aircraft  Fuels  Systems  Apprentice,  he
received an enlistment bonus in the amount  of  $13,000.   After  completing
basic training, the applicant attended the Aircraft Fuel Systems  Apprentice
Course.  He was progressively promoted to the rank of airman first class (E-
3) effective and with a date of rank of 1 March 2002.

On 1 May 2001, the applicant received non-judicial punishment  (Article  15)
for consuming alcoholic beverages under the legal drinking  age,  wrongfully
entering the living quarters of a member of the  opposite  sex,  failing  to
carry his Sheppard Air Force Base Form 303, and failing  to  obey  a  lawful
order.  His punishment consisted of reduction to the grade of airman with  a
new date of rank of 1 May 2001, and forfeiture of $350 pay  suspended  until
31 October 2001.  On 24 September 2001, the applicant received  non-judicial
punishment (vacation  of  previous  suspended  Article  15  punishment)  for
consuming and possessing alcohol while under the age of 21.

A Pre-Deployment Health Assessment conducted on 12 October  2001,  indicated
the applicant’s health as “excellent.”  He was deployed to  Bahrain  from  1
December 2001 to 31 January  2002.   A  Post  Deployment  Health  Assessment
dated 20 January 2002, again reported his health as “excellent” without  any
health concerns or questions.

On 16 March  2002,  the  applicant  was  arrested  by  civilian  police  for
assault, illegally entering a club, and  underage  consumption  of  alcohol.
On 27 March 2002, his commander gave the applicant  a  Letter  of  Reprimand
(LOR) for making false statements.  On 29 March 2002, his  commander  issued
the applicant an LOR for the 16 March 2002 incident.

On 28  March  2002,  the  applicant  was  evaluated  by  mental  health  and
diagnosed  with  alcohol  dependence.   On  3  April  2002,  a  psychologist
characterized the applicant’s mood  as  “stressed,”  dysthymic  (depressed),
and somewhat tearful.  The applicant denied suicidal or  homicidal  ideation
and did not  manifest  disturbed  thoughts  (symptoms  of  psychosis).   The
psychologist did not render  an  additional  diagnosis  other  than  alcohol
dependence.  The applicant was seen again by  mental  health  providers  for
alcohol abuse treatment on 4 April 2002 and 22 April 2002.

On 20 May 2002, the applicant was notified  of  his  commander’s  intent  to
recommend that he be discharged because of minor  disciplinary  infractions,
with a general discharge.   On  20  May  2002,  the  applicant  acknowledged
receipt of his commander’s intent, waived his right to consult counsel,  and
to submit statements in his own behalf.  On 22 May 2002, the discharge  case
file was found to be legally sufficient by the Staff Judge Advocate.  On  29
May  2002,  the  discharge  authority  approved  the  discharge  under   the
provisions of AFI 36-3208, paragraph 5.49 (minor disciplinary  actions)  and
directed the applicant be discharged without probation or rehabilitation.

The applicant was separated with  a  general  (under  honorable  conditions)
discharge effective 31 May 2002 with a separation code of  JKN  (misconduct)
and a reentry code of 2B (discharged under general  or  other-than-honorable
discharge).  He had served 1 year, 4 months and  28  days  on  active  duty.
Upon separation,  the  applicant  was  subject  to  a  bonus  recoupment  of
$9,942.60 for the unserved portion of his enlistment bonus contract.

DVA  documentation  indicates  the  applicant  was  seen   by   a   civilian
psychiatrist beginning 12 September 2002 and given a diagnosis of  attention
deficit hyperactivity  disorder.   Subsequently,  he  was  hospitalized  and
diagnosed with Bipolar I Disorder.  A DVA  decision,  dated  21  July  2003,
granted the applicant service connection for  Bipolar  I  Disorder  with  an
evaluation of 50 percent effective 1 June 2002; however, the DVA denied  his
claim for entitlement to individual unemployability.

_________________________________________________________________

AIR FORCE EVALUATION:

The BCMR Medical Consultant is of  the  opinion  that  there  is  sufficient
basis to warrant consideration of changing the applicant’s  separation  code
to one that does not require enlistment bonus recoupment.  In addition,  the
BCMR Medical Consultant’s recommends  denying  the  applicant’s  request  to
change his  characterization  of  service  or  to  correct  the  applicant’s
records to show a disability discharge.

The BCMR Medical Consultant states action and disposition in this  case  are
proper and equitable reflecting compliance with Air  Force  directives  that
implement the  law;  however,  the  Board  may  consider  whether  requiring
repayment of the enlistment bonus represents an injustice meriting  specific
relief.

The BCMR Medical Consultant’s evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on  23
November 2005 for review and response (Exhibit D).  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 probable  error  or  injustice  in  regard  to  the  applicant
characterization and reason for discharge.  We  feel  the  characterization
and reason for discharge which was issued at the time  of  the  applicant’s
separation accurately reflects the circumstances of his separation  and  we
do not find them to be in error  or  unjust.   Therefore,  the  applicant’s
requests to upgrade his discharge and to change his  reason  for  discharge
are not favorably considered.

4.  Notwithstanding  the  above,  sufficient  relevant  evidence  has   been
presented to demonstrate the  existence  of  an  injustice  warranting  some
relief.  After reviewing the evidence of record, we concur with the  opinion
and recommendation of the  BCMR  Medical  Consultant  that  the  applicant’s
medical condition of Bipolar I Disorder may have been a contributing  factor
to the applicant’s behavior which led to his discharge.   Furthermore,  this
belief is reinforced by the fact the Department of Veterans Affairs  granted
the applicant service connected disability for his condition  following  his
discharge from active duty.  Therefore, to resolve  any  possibility  of  an
injustice, we feel the applicant’s records should 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  30  May  2002,  he  applied  for
remission of the debt arising from the unearned  portion  of  the  selective
enlistment bonus  he  received  in  conjunction  with  his  3  January  2001
enlistment, and his request was approved by competent authority.

________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 10 January 2006, under the provisions of AFI 36-2603:

            Mr. Michael J. Novel, Panel Chair
            Ms. Janet I. Hassan, Member
            Ms. Renee M. Collier, Member


All members voted to correct the records,  as  recommended.   The  following
documentary evidence was considered in connection with AFBCMR Docket  Number
BC-2004-03494 was considered:

      Exhibit A.  DD Form 149, dated 7 Nov 05, w/atchs.
      Exhibit B.  Applicant's Master Personnel Records.
      Exhibit C.  Letter, BCMR Medical Consultant, dated 22 Nov 05.
      Exhibit D.  Letter, SAF/MRBR, dated 23 Nov 05.




                                  MICHAEL J. NOVEL
                                                   Panel Chair


AFBCMR BC-2004-03494




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 XXXXXXXXXXXXXXXXXXXX, be corrected to show that on 30 May 2002,
he applied for remission of the debt arising from the unearned portion of
the selective enlistment bonus he received in conjunction with his 3
January 2001 enlistment, and his request was approved by competent
authority.





JOE G. LINEBERGER

Director

Air Force Review Boards Agency