RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01241
				INDEX CODE:  100.06
				COUNSEL:  NONE

				HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

Her records be corrected to void the recoupment of her Selective Reenlistment Bonus (SRB).

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APPLICANT CONTENDS THAT:

In August 2001, while deployed she submitted the required paperwork to reenlist in the Air Force.  On 16 September 2001, her commander notified her with an Air Force Form 418 that he was temporarily denying her reenlistment.  She appealed the denial request within the allotted time period and did not receive a response.  When she received the SRB she assumed it was okay and that she was reenlisted.  It was not until some time later that she was contacted that her appeal for reenlistment was denied.  She contacted the Military Finance Department at Hill AFB and was informed that the bonus was paid to her because her commander had failed to sign the Air Force Form 901 and after 90 days the bonus was automatically paid.  In December 2001, she was still being reviewed for reenlistment and garnishment began for repayment of the bonus.  Also, during this time she was enrolled in substance abuse classes and was referred to Mental Health because she was showing signs of depression.  She was evaluated by Mental Health on 28 February 2002, which resulted in her being recommended for discharge.  She states she was discharged with a medical discharge on 8 April 2002.  She is currently receiving disability at Veterans Administration (VA) with a rating of 50 percent.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 18 June 1998, as an airman basic (AB) for a period of four years.

The applicant was referred to the Alcohol and Drug Abuse Prevention and Treatment Program (ADAPT) by her first sergeant following her being investigated for assault for an alcohol related incident on 23 October 2000.  The applicant’s Personnel Reliability Program (PRP) certification was suspended on 23 October 2000.

The applicant received a letter of reprimand (LOR) on 13 December 2000 and a Unfavorable Information File (UIF) was established on 22 December 2000.

The applicant submitted documents indicating on 12 July 2001, she signed paperwork to reenlist effective 1 August 2001.

The applicant received a non-recommendation for reenlistment from her unit commander 14 September 2001.  The basis for the non-recommendation was the applicant had a UIF and required follow up through Life Skills Assessment for an alcohol related issue and a pending disciplinary action.  The commander further noted the applicant would be reevaluated pending her completion of a substance abuse course.

The applicant appealed the non-recommendation on 16 September 2001.  The appeal authority denied the applicant’s appeal on 11 December 2001.  The appeal authority noted the applicant would be reconsidered for reenlistment upon completion of the substance abuse and when her performance warranted the opportunity to serve in the USAF.

The applicant received an Article 15 in October 2001 for conspiracy and making a false official statement while on UIF.

The applicant was involved in two additional alcohol related incidents:  on 12 December 2001, which caused the applicant to miss her port of call for a permanent change of station (PCS) and on 16 December 2001, the applicant was involved in a motor vehicle accident in which she was the passenger and sustained injuries.

The applicant was evaluated and underwent psychological testing by Mental Health on 6 and 8 February 2002 and was diagnosed with Adjustment Disorder with Depressed Mood, Alcohol Abuse, in remission and Personality Disorder, not otherwise specified (NOS), with Dependent and Borderline Personality Traits.

The applicant received an Article 15 on 19 February 2002 for failing to go at the time prescribed to her appointed place of duty.  For this misconduct her punishment consisted of reduction to the grade of airman first class, with a new date of rank (DOR) of 25 February 2002, forfeiture of $250.00 of pay per month for 
two months, suspended until 24 August 2002, after which time it would be remitted without further action, unless sooner vacated and 17 days of extra of duty.  The applicant appealed the punishment on 25 February 2002.  The appeal was granted on 12 March 2002.

On 13 March 2002, the applicant was notified of her commander’s intent to recommend her for a discharge from the Air Force for a personality disorder.  The commander indicated that as a result of an examination on or about 28 February 202 by a health care professional she was diagnosed with an Adjustment Disorder with Depressed Mood; Alcohol Abuse, in remission; Personality Disorder NOS, with Dependent and Borderline Personality Traits and Occupational problems.

The commander advised the applicant of her right to consult legal counsel, and an appointment had been made for her, and to submit statements in her own behalf.  She was advised that failure to consult with counsel or submit statements could constitute her waiver of her rights to do so.

On 13 March 2002, the applicant signed a Statement of Understanding Regarding Recoupment of Educations Assistance, Special Pay or Bonuses acknowledging the criteria for recoupment.

On 14 March 2002, the applicant, after consulting with counsel, waived her right to submit a statement.

On 2 April 2002, a legal review was conducted in which the staff judge advocate recommended the applicant be discharged with an honorable discharge.  The applicant was not eligible for probation and rehabilitation.

A resume of applicant's available performance reports follows:

		PERIOD ENDING		OVERALL EVALUATION

			 *22 Dec 01			2
			  22 Dec 00			4

*Referral Report

On 3 April 2002, the discharge authority approved an honorable discharge.

The applicant was discharged with an honorable discharge on 8 April 2002, under the provisions of AFI 36-3208, Personality Disorder, in the grade of senior airman.  She served 3 years, 9 months and 21 days of active duty.

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AIR FORCE EVALUATION:

The Chief Medical Consultant, AFBCMR, states the applicant was discharged for unsuitability due to Personality and Adjustment Disorders.  Personality Disorders are life long patterns of maladjustment in the individual’s personality which interfere with the individual’s normal social and occupational functioning and may impair the individual’s ability to cope with stress. Personality Disorders often present with symptoms of other conditions such as, Adjustment Disorder, and depression.  An Adjustment Disorder is characterized by marked psychological distress in response to identifiable stressors that overcome the individual’s ability to cope and is frequently associated with significant impairment in social and occupational functioning.  The emotional and behavioral responses may be in excess of what would normally be expected given the nature of the stressors.  Manifestations can include depressed mood, anxiety, and disturbances of conduct.  The Adjustment Disorder may resolve once the stressors are eliminated from the individuals environment.  However, the maladaptive personality traits of a Personality Disorder do not resolve.

When a servicemember is administratively discharged for a condition that is considered unsuiting, including personality, adjustment, impulse control disorders or a phobia, recoupment is merited under current policy and regulation. 

Based on the evidence provided the Medical Consultant recommends denying the requested relief.

A copy of the Air Force evaluation is attached at Exhibit C.

AFPC/DPPAES states the applicant’s reenlistment was processed without her commander’s endorsement and the Military Personnel Flight erroneously issued a $11,442.07 (before tax) SRB to applicant in July 2001.  Recoupment was initiated in December 2001.  At time of the applicant’s involuntary discharge, the applicant had a debt of $9,785.71 to the Air Force, which is still in effect today.  They further state that although the SRB was issued the applicant should have realized that she was not reenlisted.  HQ AFPC/DPPAES believes the recoupment action is valid and recommends the applicant’s request be denied.

A copy of the Air Force evaluation is attached at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force Evaluation and states she believes she was wrongfully diagnosed with a personality 
disorder.  She applied for disability through the Veterans Administration (VA) and was denied disability because her personality disorder was not service connected.  She informed the VA that she felt she had been misdiagnosed with a personality disorder, underwent an evaluation by the VA, and was diagnosed with Bipolar Affective Disorder, Type 1, Depressed with a 50 percent disability rating effective 9 April 2002.  She further believes the decision by VA should be evidence to show that she was discharged under the wrong conditions and her discharge should be corrected to reflect this.

Applicant’s complete response with attachments is attached at Exhibit F.

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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.  The applicant contends that when she received the SRB it was okay for her to keep it since she had not received a response regarding her appeal for denial of reenlistment.  We do not agree.  The applicant appealed the non-recommendation on 16 September 2001.  The appeal authority denied the appeal on 11 December 2001.  No explanation has been offered as to length of time is took for the appeal authority to act on the applicant’s appeal request.  Regardless, it is noted the enlistment contract does not contain the commander’s approval of the enlistment action.  In accordance with policy, bonuses are recoupable provided the servicemember is being separated voluntarily, separated for misconduct or other unspecified administrative reasons.  Had the applicant been separated with a medical condition that required evaluation through the disability system, recoupment of the bonus would not be required.  However, the applicant was separated from the Air Force with an honorable discharge with an suiting condition (Personality Disorder) which falls under the purview of governmental policy for recoupment.  Therefore, in view of the above and 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 AFBCMR Docket Number BC-2003-01241 in Executive Session on 2 December 2003 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

	Exhibit A.	DD Form 149, 4 Apr 03, w/atchs.
	Exhibit B.	Applicant's Master Personnel Records.
	Exhibit C.	Letter, AFBCMR Medical Consultant, dated 
				29 Jul 03.
	Exhibit D.	Letter, HQ AFPC/DPPAE, dated 3 Oct 03.
	Exhibit E.	Letter, SAF/MRBR, dated 10 Oct 03.
	Exhibit F.	Applicant’s Response dated 1 Nov 03, w/atchs.