RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2006-00898

      XXXXXXX    COUNSEL:  NONE

            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  28 SEP 07

_________________________________________________________________

APPLICANT REQUESTS THAT:

His separation program designator (SPD) code of “JFF”  be  changed  to
one that would not require him to repay his enlistment bonus.

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was advised at the time of his separation that as long as he had an
honorable discharge, he would not have to repay his bonus.

In support of his  appeal,  the  applicant  provided  a  copy  of  his
original DD Form 214, Certificate of Release or Discharge from  Active
Duty.

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

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 25  Jul  00  for  a
period of six years in the grade of airman basic.

On 24 Jun 03, the applicant’s  commander  notified  him  that  he  was
recommending the applicant be  discharged  for  adjustment  disorders.
The reasons for the action was that on or about 21 Mar  03,  he  began
being seen by a psychologist at the McGuire AFB, Life  Skills  Support
Center for  very  high  levels  of  subjective  distress  and  chronic
thoughts of suicide.  After the visit, he was seen by  the  doctor  on
three separate occasions.  Based on the doctor’s assessment, he  found
the applicant to be unsuitable for further military service.

The applicant was advised of his rights in  the  matter  and  that  an
honorable discharge would be recommended.

On 9 Jul 03,  the  office  of  the  Staff  Judge  Advocate  found  the
discharge  case  file  was  legally  sufficient  and  recommended  the
applicant be furnished an honorable discharge.

On 15 Jul 03, the discharge authority approved  the  discharge  action
and directed the applicant be discharged with an honorable discharge.

On 25 Jul 03, the applicant was discharged under the provisions of AFI
36-3208 (Personality Disorder) in  the  grade  of  senior  airman  and
furnished an honorable discharge and assigned an SPD code of JFX.   He
was  credited  with  three  years  and  one  day  of  active  service.
Subsequently, his records were corrected administratively  to  reflect
his reason for separation as Secretarial Authority, with an  SPD  code
of “JFF.”

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letters prepared by the appropriate  offices  of  the
Air Force.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial noting that On 12 Oct 00,  the  applicant
signed and dated an AF Fm 3008 which stated "I understand that I  will
receive the appropriate enlistment bonus (minimum  of  $2000)  payable
not earlier than one month after arrival at my  first  permanent  duty
station.  The bonus amount will depend on the AFSC I  am  awarded.   I
further understand that should I voluntarily or because of  misconduct
not complete the term of obligated service for which the bonus is paid
or should I not maintain qualification in the awarded AFSC, I  may  be
required  to  repay  the  unearned   portion   of   the   bonus.    If
administrative action is initiated that could result in recoupment  of
bonus payments, I consent to  the  withholding  of  a  portion  of  my
current pay in anticipation of that  anticipated  indebtedness.   Such
held pay shall be returned if recoupment is not required."

AFPC/DPPAE indicated that since the applicant  did  not  complete  the
term of his enlistment, recoupment is mandatory, and  unless  his  SPD
code is changed, he must continue to reimburse the Air Force.

A complete copy of the AFPC/DPPAE evaluation, with attachments, is  at
Exhibit C.

AFPC/DPPRS  recommends   denial   indicating   that   based   on   the
documentation in the applicant’s records, the discharge was consistent
with the procedural and  substantive  requirements  of  the  discharge
regulation, and was within the discretion of the discharge  authority.
The applicant did not submit any evidence or identify  any  errors  or
injustices that occurred in the discharge processing.

According to AFPC/DPPRS, corrective action has been  taken  to  change
the applicant’s SPD code to “JFF.”  However, this code  also  requires
the applicant to pay back the enlistment bonus.

A complete copy of the AFPC/DPPRS evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant  on  6
Apr 07 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit E).

A copy of a memorandum from SAF/GCM was forwarded to  applicant  on  6
Jun 07 for review and response within 30 days.  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.   The  applicant's  complete
submission was thoroughly  reviewed  and  his  contentions  were  duly
noted.  However, we do not find the  applicant’s  assertions  and  the
documentation  presented  in  support  of  his  appeal  sufficient  to
persuade us that corrective action  is  warranted.   The  evidence  of
record indicates  the  applicant  was  diagnosed  with  an  adjustment
disorder and was eventually discharged  for  a  personality  disorder,
with an SPD code of “JFX.”  The assigned SPD code required  recoupment
of any unearned portion of an enlistment bonus.   However,  since  the
applicant did not have a personality disorder,  his  narrative  reason
was subsequently changed to Secretarial Authority, with an SPD code of
“JFF.”  This assigned SPD code also requires repayment of the unearned
portion of any enlistment bonus.  The applicant now requests that  his
SPD code be changed to one that would not require  him  to  repay  his
enlistment bonus.  We noted in the SAF/GCM’s opinion  that  while  the
Board’s authority to correct a military record is considerable, it  is
not without limits.   In  accordance  with  the  Financial  Management
Regulation (FMR), and as indicated above, the applicant’s current  SPD
code requires him to repay  the  unearned  portion  of  an  enlistment
bonus.  The Board does not have  the  authority  to  ignore  or  alter
Department of Defense (DOD) policy promulgated pursuant to statute, or
waive recoupment of a debt or correct a record  simply  to  forgive  a
debt.  The Board is not precluded from correcting a  record  where  it
finds evidence of an error or injustice within the meaning of  10  USC
1552.  However, in this case, we did  not  do  so.   In  view  of  the
foregoing, and in the absence of sufficient evidence to the  contrary,
we conclude that the applicant has failed to  sustain  his  burden  of
establishing  he  has  suffered  either  an  error  or  an  injustice.
Accordingly, we find no compelling basis  to  recommend  granting  the
relief sought in this application.

_________________________________________________________________

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 AFBCMR Docket Number BC-
2006-00898 in Executive Session on 11 Jul 07, under the provisions  of
AFI 36-2603:

      Mr. Michael J. Novel, Panel Chair
      Ms. Karen A. Holloman, Member
      Mr. Wallace F. Beard, Jr., Member

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 3 Mar 06, w/atch.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated 27 Apr 06, w/atchs.
    Exhibit D.  Letter, AFPC/DPPRS, dated 5 Sep 06.
    Exhibit E.  Letter, SAF/MRBR, dated 6 Apr 07.
    Exhibit F.  Letter, AFBCMR, dated 6 Jun 07, w/atch.




                                   MICHAEL J. NOVEL
                                   Panel Chair