RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2013-01750
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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THE APPLICANT REQUESTS THAT:

He receive the Selective Reenlistment Bonus (SRB) he was forced 
to pay back in the amount of $10,600.00.

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THE APPLICANT CONTENDS THAT:

Based on the applicable guidance he should not have been forced 
to pay back his reenlistment bonus.  An Under Secretary of 
Defense (USD) memorandum dated 21 May 08, states that a member 
separated for other than medical reasons, repayment is not 
sought.  This memorandum is consistent with the Deputy Secretary 
of Defense (DSD) memorandum dated 8 Apr 05.

In support of his appeal, the applicant provides a personal 
statement, copies of Department of Veterans Affairs (DVA) 
decisional documents; USD Secretarial Memorandum, and various 
other documents associated with his request.

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

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STATEMENT OF FACTS:

According to the applicant’s DD Form 4/1,Enlistment/Reenlistment 
Document Armed Forces of the United States,  on 11 Apr 05, he 
reenlisted in the Air Force for a period of 4 years and 
24 months in the grade of Senior Airman (SrA/E-4).

On 30 Mar 07, the applicant's commander notified him that she 
was recommending he be discharged due to his diagnoses of 
Anxiety Disorder Not Otherwise Specified (NOS) and Avoidant 
Personality Disorder.  The Mental Health provider noted that the 
applicant’s personality disorder was so severe that his ability 
to function effectively in the military environment was 
significantly impaired and precluded satisfactory performance of 
his duties.

The applicant acknowledged receipt of the notification of 
discharge and was advised of his right to consult with legal 
counsel and submit statements in his own behalf.  The discharge 
authority approved the separation and directed the applicant be 
discharged with an honorable discharge.

On 2 May 07, the applicant was discharged from active duty, 
under the provisions of AFI 36-3208, Administrative Separation 
of Airman, with a narrative reason for separation of "Mental 
Disorder (Other).”  He was credited with 5 years, 6 months, and 
23 days of active duty service  

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THE AIR FORCE EVALUATION:

AFPC/DPSOA deferred their recommendation to the Defense Finance 
and Accounting Service (DFAS) to determine if the SRB should 
have been recouped and to pay the applicant, if appropriate.  
Further, they noted that the applicant believes his SRB should 
not have been recouped based on governing guidance.  Per AFI 36-
2606, Reenlistment in the USAF, para 2.17.1.1, DFAS uses the 
Separation Program Designator (SPD) code to determine if SRB 
recoupment is appropriate.

The complete DPSOA evaluation is at Exhibit C.

DFAS-IN recommends approval of the applicant’s request to change 
the SPD code to authorize non-recoupment of bonus monies paid.

The applicant has requested return of the recouped bonus in the 
amount of $10,600.00.  The applicant was discharged based on 
medical evaluations but the separation code posted to the 
DD Form 214, Certificate of Release or Discharge from Active 
Duty, is not reflected in the entitlement.  DFAS-IN does not 
have the authority to adjust the SPD code therefore it is up to 
whoever published the separation orders and DD Form 214 to 
reconsider the entitlement.

The complete DFAS-IN evaluation is at Exhibit D.

AFPC/DPSOR deferred their recommendation to the Board to 
determine if the applicant should have had his SRB recouped and 
direct DFAS-IN, to pay the applicant as authorized, if 
appropriate. 

A review of the applicant's record reveals there was no error in 
the applicant's separation record.  The applicant's DD Form 
214 correctly reflects that he was discharged from the Air Force 
with a separation code of “JFE" and a narrative reason of 
"Mental Disorder (Other).”  As per AFPC/DPSOA, DFAS-IN has the 
final decision to determine if SRB recoupment is appropriate.  
The applicant was discharge IAW AFI 36-3208, Para 5.11.9, with 
the correct SPD code.  SPD code of “JFE” supports the narrative 
reason for separation “Mental Disorder.”

The complete DPSOR evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the 
applicant on 15 Oct 13 for review and comment within 30 days.  
As of this date, no response has been received by this office 
(Exhibit F).

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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.  Sufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice warranting 
corrective action.  The Air Force Offices of Primary 
Responsibility (OPRs) have adequately addressed the issues 
presented by the applicant and deferred their recommendation as 
to recoupment to DFAS-IN.  DFAS-IN finds that recoupment is not 
appropriate and we are in agreement with their opinion and 
recommendation.  Therefore, we recommend the applicant’s record 
be corrected as indicated below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air 
Force relating to APPLICANT, be corrected to show that, on 
2 May 07, he was discharged under the provisions of AFI 36-3208, 
paragraph 1-2, (Secretarial Authority) with a Separation Code of 
KFF and that repayment of the unearned portion of the bonus 
would be contrary to personnel policy.

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The following members of the Board considered AFBCMR Docket 
Number BC-2013-01750 in Executive Session on 30 Jan 14, under 
the provisions of AFI 36-2603:

	, Panel Chair
	, Member
	, Member

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

    Exhibit A.  DD Form 149, dated 5 Apr 13, w/atchs. 
    Exhibit B.  Applicant’s Available Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOA, dated 10 Jul 13.
    Exhibit D.  Letter, DFAS-IN, undated.
    Exhibit E.  Letter, AFPC/DPSOR, dated 6 Sep 13.
    Exhibit F.  Letter, SAF/MRBR, dated 15 Oct 13.