RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  01-02093
		INDEX CODE 128.05  128.10
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

His initial enlistment bonus (IEB) not be recouped.

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APPLICANT CONTENDS THAT:

He was honorably discharged through no fault of his own prior to the end of his enlistment period. He is not employed and cannot refund the IEB. 

His complete submission is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force for a period of 6 years on 24 Mar 99 and received an IEB of $4,000.00. He was assigned to the 8th Maintenance Squadron at Kunsan AB, Korea, as a munitions systems apprentice. 

On 4 Feb 00, he underwent a commander-directed mental health evaluation and a feedback session on 7 Feb 00. The 8 Feb 00 Mental Health Evaluation advised the squadron commander that the applicant had borderline personality disorder, that the severity of the disorder impaired the applicant’s ability to function effectively in the military, and that discharge was recommended. On that same date, the applicant was notified of his commander’s intent to recommend an honorable discharge for Mental Disorders. The notification letter cited the mental health diagnosis, a 27 Dec 99 Article 15, a 31 Jan 00 Letter of Reprimand, and other incidents of inappropriate conduct. 

The 27 Dec 99 Article 15 (AF Form 3070) included a Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay, or Bonuses. On 8 Feb 00, the applicant also signed a separate Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay, or Bonuses. 

The applicant was honorably discharged in the grade of airman first class on 15 Feb 00 for Personality Disorder. He had 10 months and 21 days of active service. He received a separation program designator (SPD) code of “JFX” (Personality Disorder).  

According to DFAS pay documents, the unserved portion of his enlistment resulted in a recoupment of $3,403.70 being posted to his account.  Entitlements due at separation were applied to the recoupment resulting in a debt of $2,834.66. A total of $802.69 has been collected, leaving a balance of $2,031.97.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAE advised that the applicant received a $4000.00 IEB. The DOD Financial Management Regulation 7000-14R, Vol II, Section 7A, outlines the reasons when recoupment action is appropriate and based on the discharge SPD code, which states, “Personality Disorder: Recoupment is required for administrative discharges. Recoupment is not required when member is medically discharged with a physical disability. Denial is recommended since the discharge was administrative in nature and not based on a physical disability. The applicant’s discharge was initiated after a pattern of substandard performance between Nov 99 and Feb 00. 

A complete copy of the evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Complete copies of the Air Force evaluations were forwarded to the applicant on 21 Nov 01 for review and comment within 30 days.  As of this date, this office has received no response. 

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THE BOARD CONCLUDES THAT:

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

2.	The applicant was timely filed.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of probable error or injustice.  After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that recoupment action of the IEB should be stopped. His contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. The applicant provided no evidence demonstrating that the diagnosis was in error or that his discharge should have been based on a physical disability. His personality disorder made him unsuitable for military service; it did not render him unfit and therefore eligible for disability processing.  In view of the above, and absent persuasive evidence to the contrary, we agree with the Air Force's rationale and recommendations and conclude that the requested relief should be denied.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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.

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The following members of the Board considered this application in Executive Session on 16 January 2002 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 27 Jun 01, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 15 Nov 01.
   Exhibit D.  Letter, SAF/MRBR, dated 21 Nov 01.