RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2007-01424
            INDEX CODE:  110.02
            COUNSEL:  NONE
            HEARING DESIRED: NO


MANDATORY CASE COMPLETION DATE:  10 NOVEMBER 2008


___________________________________________________________________

APPLICANT REQUESTS THAT:

His separation code be changed so he won’t  have  to  pay  back  his
Initial Enlistment Bonus (IEB).

___________________________________________________________________

APPLICANT CONTENDS THAT:

His debt is unjust because he  was  involuntarily  separated  for  a
personality disorder, anxiety  and  depression.   He  believes  that
according to the Air  Force  Instruction,  his  bonus  can  only  be
recouped for homosexual acts.

Applicant’s complete submission is attached at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 12 August 2003, the applicant enlisted in the Regular  Air  Force
for a period of six years.  He received an IEB of $2,000.00.

On 13 September 2006, the applicant’s commander notified him he  was
recommending him for discharge from the  Air  Force  for  Conditions
that Interfere with Military Service:  Mental Disorders – Adjustment
Disorder with Anxious and Depressed Mood.  The specific  reason  for
the discharge  action  was  that  the  applicant  was  evaluated  by
Inpatient Mental Health between 25 April and 8 August 2006  and  was
diagnosed with an adjustment disorder with an anxious and  depressed
mood of a chronic nature.

The commander advised the applicant of his rights in this matter.

The applicant acknowledged receipt of the notification  and  waived
his right to consult with legal counsel and elected not to submit a
statement in his own behalf.

The legal office reviewed the case and found it legally  sufficient
to support separation and  recommended  the  applicant  receive  an
honorable discharge without probation and rehabilitation.

On  18  September  2006,  the  discharge  authority  approved   the
separation and directed the applicant be discharged.

The applicant was separated from the Air Force on 20 September 2006
under the provisions of AFI 36-3208, Administration  Separation  of
Airmen (personality disorder).  He was credited  with  three years,
one month and nine days of active service.  He has incurred a  debt
of $1,041.38 resulting from the unearned portion of his IEB.

On 8 May 2007, HQ AFPC/DPPRY informed the  applicant  that  his  DD
Form 214 had been reaccomplished to reflect  the  Narrative  Reason
for Separation as “Secretarial  Authority”  with  an  SPD  code  of
"JFF."

___________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPRS  recommends  denial.   DPPRS   states   based   on   the
documentation  on  file  in  the  master  personnel  records,   the
discharge  was  consistent  with  the  procedural  and  substantive
requirements of the discharge regulation. The discharge 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.   He  provided  no  facts
warranting a change in his character of service.

The AFPC/DPPRS complete evaluation is at Exhibit C.

AFPC/DPPAE recommends the  requested  relief  be  approved.   DPPAE
states based on  the  applicant’s  reason  for  separation,  relief
should be granted in recoupment of  the  unearned  portion  of  his
bonus.

AFPC/DPPAE’S complete evaluation is at Exhibit D.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  the  applicant
on 24 May 2007, for review and comment within 30 days.  As of  this
date, no response has been received by this office.

___________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies provided by existing
law or regulations.

2.    The application was not timely filed; however, it is  in  the
interest of justice to excuse the failure to timely file.

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
documentation provided in  support  of  his  appeal,  we  are  not
persuaded his SPD code should be changed to  one  that  would  not
require the recoupment of the unearned portion of  his  IEB.   The
contentions made by the applicant are duly noted; however,  we  do
not find these assertions, in and by themselves, sufficient enough
to persuade us that the requested corrective action is  warranted.
We note that the applicant’s SPD code was administratively changed
to “JFF” because he was diagnosed with Adjustment Disorder and  at
the time of his separation there was no SPD code for that specific
condition other than the “umbrella” code for Personality Disorder.
 Unfortunately, the new SPD code does not set aside the recoupment
action.  The Directorate of Personnel Program Management  believes
relief should be granted based on the reason for  his  separation.
However, the  DoD  Financial  Management  Regulation,  promulgated
pursuant to statute, mandates repayment of the unearned portion of
his enlistment  bonus.   We  find  no  evidence  of  an  error  or
injustice which would justify altering his records in a manner  so
that no recoupment would be mandated.  The applicant  acknowledged
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 Agreement on  11 Aug  03.   He  was  further
advised of the possibility of bonus recoupment in the  commander’s
13 Sep 06 Notification Memorandum.  Therefore,  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 AFBCMR Docket  Number
BC-2007-01424 in Executive Session on 5 September  2007  under  the
provisions of AFI 36-2603:

                       Mr. James W. Russell III, Panel Chair
                       Ms. Jan Mulligan, Member
                       Ms. Glenda H. Scheiner, Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 Apr 07.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 9 May 07.
   Exhibit D.  Letter, AFPC/DPPAE, dated 15 May 07, w/atch.
   Exhibit E.  Letter, SAF/MRBR, dated 24 May 07.




                                        JAMES W. RUSSELL III
                                        Panel Chair