RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01660
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His separation code (JFX) be changed.

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APPLICANT CONTENDS THAT:

The separation code should be changed to match the narrative reason for his separation.  He served a total of 2 years and 5 months of a 6-year service agreement and separated due to a medical condition that impaired his ability to function effectively in a military environment.  The early discharge could not be helped and was out of his control.  He has been sent a bill for recoupment of his enlistment bonus.  

In support of his request, applicant provided a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; documentation associated with his indebtedness to the Government, documentation associated with his discharge action, and his Enlisted Performance Report (EPR) rendered for the period 1 Oct 01 through 31 Jul 02.  His complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 1 Mar 00.  He was promoted to the grade of airman first class, having assumed that grade effective 26 Jun 00.  He enlisted in the guaranteed Air Force Specialty Code 2A631, which authorized him an enlistment bonus in the amount of $8,000.  

On 7 Aug 02, he was notified by his commander that he was recommending that he be discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208 for a condition that interferes with military service, specifically, a personality disorder.  Applicant was advised of his rights in this matter and acknowledged receipt of the notification on that same date.  After consulting counsel, applicant elected to waive his right to submit statements on his own behalf.  In a legal review of the case file, the wing staff judge advocate found the case legally sufficient and recommended an honorable discharge without probation or rehabilitation.  The discharge authority approved the recommendation and directed that he be discharged.  Applicant was honorably discharged on 13 Aug 02.  He served 2 years, 5 months and 13 days on active duty.  He was assigned SPD code JFX which denotes "Personality Disorder."  

On 13 Aug 02, applicant was notified that a bonus recoupment action was being initiated in the amount of $4,725.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends denial.  The Medical Consultant states that the applicant was discharged for unsuitability due to a personality disorder and adjustment disorder.  Personality disorders are not medically disqualifying or unfitting but may render the individual unsuitable for further military service and may be cause for administrative or disciplinary action due to misconduct or unsuitability.  In accordance with 10 USC 2005, money for enlistment bonuses is recoupable provided the member is separating voluntarily or is being separated for misconduct or for other specified administrative reasons.  When administrative discharge is or a condition that is considered unsuiting, including personality and adjustment disorders, recoupment is required in accordance with policy and regulations.  The personality disorder category code JFX is on the list for recoupment in accordance with DoD instructions.  The Medical Consultant evaluation is at Exhibit C.

AFPC/DPPRSP recommends denial.  DPPRSP states that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority.  The applicant did not submit any new evidence or identify any errors in his discharge processing.  The DPPRSP 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 5 Dec 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 that would warrant a change of the applicant's separation code.  We see no evidence of an error in this case, and after thoroughly reviewing the evidence of record, we are not persuaded he has been the victim of an 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 that given the circumstances of his separation, the SPD code and the narrative reason for his separation are proper and in compliance with the appropriate directives.  Therefore, we adopt their rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice.  In the absence of persuasiveevidence 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-2003-01660 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 14 Jun 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dated 22 Oct 03.
    Exhibit D.  Letter, AFPC/DPPRSP, dated 20 Nov 03.
    Exhibit E.  Letter, SAF/MRBR, dated 5 Dec 03.

                                   Chair