RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2002-02665
		INDEX NUMBER:  128.00
	XXXXXXXXXXXXXXX	COUNSEL:  None

	XXX-XX-XXXX	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

He not be required to repay the Initial Enlistment Bonus that he received and that all recouped monies be returned to him.

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APPLICANT CONTENDS THAT:

His contract stated that he would only be required to pay back his bonus if he separated voluntarily or was separated involuntarily for misconduct.  He was separated involuntarily for mental health issues.

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

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STATEMENT OF FACTS:

The applicant entered active duty in the Air Force on 12 Sep 00.  On 9 Jul 02, his squadron commander notified him that he was recommending his discharge from the Air Force for conditions that interfere with military service--mental disorders.  The applicant acknowledged receipt on 9 Jul 02 and consulted counsel.  After consulting counsel, he waived his right to submit statements in his behalf.  After a medical review of his medical records, it was determined that a physical examination for separation was not required.  On 15 Jul 02, the applicant’s squadron commander recommended to the wing commander that the applicant be discharged from the Air Force for conditions that interfere with military service--mental disorders.  Under derogatory data, it reflected that the applicant received a letter of reprimand on  20 Mar 02 for disrespect to three noncommissioned officers.  On    16 Jul 02, the wing staff judge advocate found the proposed discharge of the applicant legally sufficient.  On 19 Jul 02, the wing commander approved the applicant’s discharge with an honorable discharge without probation and rehabilitation.  The applicant was discharged on 19 Jul 02 with a narrative reason of “Personality Disorder,” a separation code of JFX, and a reenlistment eligibility (RE) code of “2C,” “Involuntarily separated with an honorable discharge.”

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial of the applicant’s request.  Enlistment bonuses are recoupable provided the member is separating voluntarily, or is being separated for misconduct, or for other specified administrative reasons.  Rules for recoupment of enlistment, reenlistment, and retention bonuses are found in AFI 36-2606 and the DoD Financial Management Regulation, Vol 71, Chapter 9.  When administrative discharge is for a condition that is considered unsuiting, including personality disorder, adjustment disorder, impulse control disorders, or other phobia such as fear of flying, recoupment is warranted under current policy.

The complete evaluation is at Exhibit C.

AFPC/DPPRS recommends denial of the applicant’s request to have his separation code changed to one that would not require him to repay his enlistment bonus.  The applicant’s separation designator code (SPD) of “JFX” is correct based on the reason for discharge.

The complete evaluation is at Exhibit D.

AFPC/DPPAEQ recommends that the applicant’s requests be denied.  The applicant’s discharge was administrative in nature, not based on a physical disability, and his personnel records reflect a history of misconduct.

The complete evaluation is at Exhibit E.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the Air Force evaluations were forwarded to the applicant on 16 May 03 for review and comment within 30 days.  To date, a response has not been received.

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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 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.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in 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 Docket Number BC-2002-02665 in Executive Session on 16 July 2003, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 21 Jul 02.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Memorandum, BCMR Medical Consultant, dated
                25 Oct 02
    Exhibit D.  Memorandum, AFPC/DPPRS, dated 18 Feb 03.
    Exhibit E.  Memorandum, AFPC/DPPAEQ, dated 6 May 03
    Exhibit F.  Letter, SAF/MRBR, dated 16 May 03.
    Exhibit G.  Statement, Applicant, undated.