RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-02638
		INDEX CODE:  128.05

		COUNSEL:  NONE

		HEARING DESIRED: NO

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APPLICANT REQUESTS THAT:

His reason for separation be changed to one that would prevent recoupment of his enlistment bonus.

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APPLICANT CONTENDS THAT:

He should not have to pay back the bonus because of financial hardship, mistreatment, and inadequate training.

In support of his appeal, the applicant provided copies of DD Form 2697, Report of Medical Assessment, and a psychiatric evaluation.

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

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 19 Apr 01 for a period of six (6) years in the grade of airman basic.

On 26 Feb 02, the applicant’s commander notified him that he was recommending that the applicant be discharged for conditions that interfere with military service, mental and adjustment disorders.  The reason for the action was that, on 12 Dec 01 to 18 Dec 01, the applicant was evaluated by the Inpatient Mental Health Unit, David Grant Medical Center, and was diagnosed with an adjustment disorder with mixed anxiety and depressed mood.  It was determined that the adjustment disorder was of such severity as to impair his ability to function effectively in the military environment.  As such, prompt administrative separation was recommended.  Based on this evaluation, the discharge was in his best interest and that of the Air Force.  The applicant was advised of his rights in the matter and that an honorable discharge would be recommended.  The applicant acknowledged receipt of the notification and consulted military counsel.  

On 13 Mar 02, the Office of the Staff Judge Advocate found the discharge case file to be legally sufficient and recommended that the discharge authority direct that the applicant be honorably discharged.

On 14 Mar 02, the discharge authority approved the discharge action and directed that the applicant be furnished an honorable discharge.

On 19 Mar 02, the applicant was honorably discharged under the provisions of AFI 36-3208 (Personality Disorder).  He was assigned an RE code of 2C and a separation code of JFX.  He was credited with 11 months and 1 day of active duty service.

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

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AIR FORCE EVALUATION:

The Medical Consultant recommended denial noting that enlistment bonuses are recoupable provided the member is separating voluntarily, is being separated for misconduct, or for other specified administrative reasons including unsuiting conditions.  Rules for recoupment of enlistment, reenlistment and retention bonuses are found in AFI 36-2606 and the DoD Financial Management Regulation Vol. 71, Chap 9.  When administrative discharge is for a condition that is considered unsuiting, including a personality disorder, adjustment disorder, impulse control disorders, or a phobia such as fear of flying, recoupment is merited under current policy and regulation.  The applicant was administratively separated for his unsuiting condition (adjustment disorder) and, therefore, falls under this provision of the DoD instruction.  The Defense Finance and Accounting Service (DFAS) uses the separation code designator to determine if recoupment is required based on the reason for the discharge code.  The personality disorder category (includes all unsuiting mental health conditions) code of JFX is on the list for recoupment in accordance with DoD instructions.  If the member is medically discharged with an unfitting physical disability (including psychiatric but not adjustment or personality disorder), then recoupment is not required.  This requires evaluation through the disability system and recommendation for disability discharge or retirement by the Physical Evaluation Board.

According to the Medical Consultant, the action and disposition in this case were proper and equitable reflecting compliance with Air Force directives that implement the law. In his opinion, no change in the records is warranted.

A complete copy of the Medical Consultant’s evaluation is at Exhibit C.

AFPC/DPPRS recommended denial indicating that based on the documentation in the file, they believe the discharge was consistent with the procedural and substantive requirements of the discharge regulation.  Additionally, the discharge was within the discretion of the discharge authority.  In their view, the applicant did not submit any new evidence or identify any errors or injustices that occurred in the discharge processing.

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

AFPC/DPPAE indicated that the applicant’s reenlistment eligibility (RE) code of “2C” (Involuntarily separated with an honorable discharge; or entry level separation without characterization of service) is correct.

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

AFPC/DPPAEQ recommended denial noting that the DoD Financial Management Regulation 7000-14R, Volume II, Section 7A, outlines the reasons when recoupment action is appropriate and based on the discharge separation program designator (SPD) code.  Regarding a personality disorder, it states, "Personality Disorder:  Recoupment is required for administrative discharges.  Recoupment is not required when member is medically discharged with a physical disability."  According to AFPC/DPPAEQ, DFAS notified the applicant that he had a delinquent balance to the government.  The balance was the unserved portion of his term of enlistment.  The discharge was administrative in nature and not based on a physical disability.  The discharge was initiated after a pattern of substandard performance and alcohol abuse.

A complete copy of the AFPC/DPPAEQ evaluation is at Exhibit F.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to applicant on 21 Feb 03 for review and response.  As of this date, no response has been received by this office (Exhibit G).

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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.  We took notice of the applicant's complete submission in judging the merits of the case.  However, we find it insufficient to override the rationale provided by the Air Force offices of primary responsibility (OPRs).  The evidence of record reflects that the reason for the applicant's separation from the Air Force was an adjustment disorder.  We are not persuaded by the evidence presented that the applicant's reason for separation was improper or contrary to the governing Air Force Instruction under which it was effected.  In view of the foregoing, and in the absence of evidence that the applicant's substantial rights were violated, that the information used as a basis for his separation was erroneous, or that his superiors abused their discretionary authority, we find no compelling basis to favorably consider this application.

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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 AFBCMR Docket Number 02-02638 in Executive Session on 25 Mar 03, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 22 Jul 02, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, Medical Consultant, dated 8 Oct 02.
    Exhibit D.  Letter, AFPC/DPPRS, dated 30 Oct 02.
    Exhibit E.  Letter, AFPC/DPPAE, dated 2 Jan 03.
    Exhibit F.  Letter, AFPC/DPPAEQ, dated 11 Feb 03.
    Exhibit G.  Letter, SAF/MRBR, dated 21 Feb 03.