RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  02-00208
INDEX CODE:  128.05, 128.10 
	
								COUNSEL: NONE

								HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT: 

The unserved portion of his Initial Enlistment Bonus (IEB) be reduced from $9600 to a lesser amount.

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APPLICANT CONTENDS THAT:

He is “obligated to pay some of this money back” but unable to at this time due to him attending college and insufficient income.

In support of his application, he provided a personal statement and a copy of his separation documentation.  The applicant’s complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 24 May 2000, the applicant enlisted in the Regular Air Force at the age of 18 in the grade of airman basic for a period of six years.  He was a guaranteed training enlistee for duty as an Aerospace Maintenance Apprentice.  In addition, he signed an additional enlistment agreement in which he indicated he understood that upon successful completion of technical training and award of a “3” skill level in his guaranteed specialty; he would be authorized payment of an initial enlistment bonus (IEB) of $13,000.  Among other things, the contract the applicant signed contained the proviso that, if he voluntarily or involuntarily did not complete the term of obligated service for which the bonus was paid, or if he failed to maintain qualification in the bonus specialty, he would be required to repay the unearned portion of the bonus.

Following his successful completion of basic military and technical training, on 5 November 2000, the applicant was assigned to duties as an Aerospace Maintenance Apprentice.  On 22 May 2001, the applicant, who was then serving in the grade of airman first class (E-3), received a Letter of Reprimand for consumption of alcohol while under the age of 21, an inability to perform duties because of his consumption of alcohol, and failure to report for work on time on 17 May 2001.  On 2 July 2001, nonjudicial punishment was imposed on the applicant under Article 15, UCMJ, for failing to obey an order not to consume alcoholic beverages and for dereliction of duty for consuming alcoholic beverages while under the age of 21 on or about 16 June 2001.  The punishment consisted of a suspended reduction in grade to airman until 1 January 2002 and forfeiture of $200.00 of his pay per month for 2 months.  The applicant did not appeal the punishment.  The Article 15 documents contained a “Statement of Understanding Regarding Recoupment of Education Assistance, Special Pay, or Bonuses,” restating the conditions for such recoupment.  The suspended portion of the Article 15 punishment pertaining to reduction in grade was vacated on 20 August 2001 based on the reported consumption of alcohol by the applicant on or about 11 August 2001.  The applicant reverted to the grade of airman (E-2), with a date of rank of 2 July 2001.

On 29 August 2001, his commander notified the applicant that the commander was initiating discharge proceedings against him under the provisions of AFI 36-3208 for a pattern of misconduct, conduct prejudicial to good order and discipline.  The applicant was advised of his rights in the matter and that a general discharge would be recommended.  After consulting military counsel, the applicant submitted a personal statement and statements by family members requesting retention.  On 31 August 2001, the commander initiated the discharge proceedings for the above-cited reason and recommended that he be discharged with a general discharge without probation and rehabilitation.  In a legal review of the discharge case file on 6 September 2001, the wing staff judge advocate found the file was legally sufficient and also recommended that the applicant be discharged without the offer of probation and rehabilitation.  On 10 September 2001, the discharge authority approved the separation and directed that the applicant be discharged with a general discharge without probation and rehabilitation.  On 17 Sep 01, the applicant was discharged with an under honorable conditions (general) discharge.  He had served 1 year, 3 months, and 24 days on active duty.

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AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  Recoupment action was outlined in the enlistment contract and is consistent with administrative discharge actions.  The AFPC/DPPAE evaluation is at Exhibit C.

DFAS-POCC/DE indicated that based on circumstances of the applicant’s discharge, an enlistment bonus recoupent of $10,147.23 was required.  When combined with unpaid pay and allowances, he was left with a $9,543.65 debt at separation.  It is the recommendation of DFAS-POCC/DE that the applicant work with the debt department for a lower payment plan.  They can also suspend a debt for students with proof of enrollment.  The DFAS-POCC/DE assessment, including a bonus recoupment worksheet, is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force Evaluations were forwarded to the applicant on 9 Aug 02, 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 application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice to warrant a reduction of member’s enlistment bonus recoupment.  The applicant has provided no evidence showing the information in his discharge case file was erroneous, his debt was improperly established, or that he was treated differently from other similarly situated members.  Therefore, we agree with the opinions and recommendations of the Air Force offices of primary responsibility and adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  Accordingly, the applicant’s request is not favorably considered.  We believe the the applicant should explore the available avenues suggested in the DFAS advisory opinion by which he may be able to obtain some relief from the requirement that he repay his debt during the period of his enrollment as a student.

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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.

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The following members of the Board considered this application in Executive Session on 13 November 2002, under the provisions of AFI 36-2603:

The following documentary evidence for AFBCMR Docket Number 02‑00208 was considered:

    Exhibit A.  DD Form 149, dated 16 Jan 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, HQ AFPC/DPPAE, dated 1 Aug 02.
    Exhibit D.  Letter, DFAS-POOC/DE, not dated.