RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01147
		INDEX CODE:  128.10
		COUNSEL:  NONE
		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

The recoupment of her Initial Enlistment Bonus (IEB) be rescinded.

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APPLICANT CONTENDS THAT:

She came in the Air Force to perform in a particular Air Force Specialty Code (AFSC).  After nearly two years of service, she was medically disqualified from the AFSC.  Prior to separation, it was indicated on her separation forms that there was no indebtedness owed.  She was not required to pay back the bonus when she was disqualified and not performing duties in the AFSC; therefore, the bonus should not have been recouped upon her separation.

In support of her request, applicant provided her AF Form 1042, Medical Recommendation for Flying or Special Operational Duty; and her AF Form 31, Airman's Request for Early Separation/Separation Based on Change in Service Obligation.  Her complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 24 May 00 in the grade of airman first class.  Her enlistment contract authorized an IEB in the amount of $12,000, in the guaranteed AFSC of 1C131, Air Traffic Control Apprentice.  On 4 Feb 02, she was disqualified from Air Traffic Control for reasons beyond her control and placed in an "Airman Awaiting Retraining" status.  On 25 Jun 02, applicant submitted a request for voluntary separation for pregnancy reasons.  She requested a date of separation of 20 Sep 02.  Her request was approved and on 20 Sep 02, she was honorably discharged from the Air Force.  She served 2 years, 3 months, and 27 days on active duty.  On 28 Oct 02, an indebtedness to the Government in the amount of $6,527.92 was established.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states that her enlistment contract states "...I further understand, as defined by DoD Military Pay and Allowance Entitlements Manual, that should I voluntarily or involuntarily not complete the term of obligated service for which the bonus is paid, or should I not maintain qualification in the bonus AFSC, I may be required to repay the unearned portion of the bonus."  She was medically disqualified from Air Traffic Control duty due to migraine headaches.  Her migraines were not disqualifying for continued general military service.  While pending a decision regarding retraining she became pregnant and applied for separation.  

Enlistment bonuses are recoupable provided the member is separating voluntarily, or is being separated for misconduct, or for other specified administrative reasons.  The applicant was diagnosed with an adjustment disorder and documents suggest her psychologist recommended administrative separation; however, her commander elected not to follow this recommendation.  When a member is discharged for a condition that is considered unsuiting, including personality disorder, adjustment disorder, impulse disorder, or a phobia, recoupment of enlistment bonuses is merited under current policy.  Thus, if she had been administratively discharged for her unsuiting condition, recoupment would have also been initiated.  The Medical Consultant evaluation is at Exhibit C.

AFPC/DPPAE recommends denial.  DPPAE states that upon her disqualification from the Air Traffic Control AFSC a waiver was approved for her IEB not to be recouped at that time with the expectation that she would complete her full term of service.  She voluntarily chose to separate and not complete her full term of service, and recoupment action was taken in accordance with DoD Financial Management Regulation guidelines.  The DPPAE evaluation 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 21 Nov 03 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.  After a thorough review of the evidence of record and the applicant's submission, we are not persuaded by her contentions that her obligation to repay the government for the unserved portion of her enlistment for which she received an IEB should be rescinded.  We see no evidence that the standards of Air Force policy were inappropriately applied in this case or that she was treated differently than others in similar situations.  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 she has not been the victim of an error or injustice.  In the absence of persuasive 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 AFBCMR Docket Number BC-2003-001147 in Executive Session on 8 Jan 04, under the provisions of AFI 36-2603:

The following documentary evidence was considered:

    Exhibit A.  DD Form 149, dated.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter,, dated.
    Exhibit D.  Letter, SAF/MRBR, dated.

                                   Chair