RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-00533
		INDEX CODE:  110.02
		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His separation and reentry code be changed and recoupment of the unserved portion of his enlistment bonus be waived.  
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APPLICANT CONTENDS THAT:

He believes that he entered the military in good faith and served well.  He was released from the military against his wishes.  He was never given a second opinion even though numerous requests were made.  His discharge package was accepted in spite of the facts it contained false information.  He has aspirations of obtaining a job but fears that his separation papers will hinder any opportunity he may seek.  He wishes to change this so he can go on with his life.  He was granted 30 days of permissive TDY which means he should have received two final paychecks.  He did not receive his last check or the 40 days of leave he sold.  He was told by DFAS that he had to pay back his bonus; however, he was previously told he would not have to pay.  He is now broke with bills to pay and no way to pay them.  This debt along with other debts, and a court battle with his estranged wife, has caused severe damage to his life.  He is stuck in limbo and is at risk of bankruptcy.  

In support of his request, applicant submits a personal statement, copy of his DD Form 214 and copies of his correspondence with his Congressional representative.  The applicant’s submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

On 12 January 2000, the applicant enlisted in the Regular Air Force for a period of 6 years as a guaranteed training enlistee for training in Air Force Specialty (AFS) 2W131 (Aircraft Armament Systems).  In a supplement to the enlistment agreement signed by the applicant on the date of his enlistment, the applicant acknowledged that, upon completion of technical training and award of the 3-skill level in his guaranteed AFSC, he would be authorized payment of an initial enlistment bonus in the amount of $7,000.00 and that, should he voluntarily or involuntarily not complete the term of obligated service for which the bonus was paid, or should he not maintain qualification in the bonus AFSC, he would be required to repay the unearned portion of the bonus.  Following his successful completion of basic military and technical training, he was assigned to duties in AFSC 2W121E in July 2000.  He received two Enlisted Performance Reports closing 14 August 2002 and 9 September 2001, in which his overall evaluations were 5 and 3 respectively (5 being the highest rating).

On 21 December 2000, applicant received a letter of reprimand for failure to obey a lawful order given by the first sergeant.

On 29 January 2002, applicant received a letter of counseling for failure to report to his appointed place of duty at the appointed time.

On 8 October 2002, in accordance with AFPD 36-32 and AFI 36-3208, Chapter 5, Section B, Involuntary Convenience of the Government, paragraph 5.11, Conditions that Interfere with Military Service, specifically, paragraph 5.11.1 Mental Disorders, the commander initiated discharge proceedings against the applicant.  The applicant was advised of his rights in this matter.  After consulting counsel, the applicant submitted statements on his own behalf, accompanied by a supporting statement from his area defense counsel.   

In a memorandum dated 17 October 2002, the staff psychiatrist, Kadena AB, Japan, indicated that the applicant had been evaluated by a minimum of four doctoral level mental health professionals, to include three psychiatrists.  It was stated he first received a diagnosis of a personality disorder two years before and this diagnosis remained consistent in multiple settings.  The applicant repeatedly failed to participate in recommended therapy.  This physician stated a fifth psychiatric opinion at the applicant’s request was not, in her opinion, a reasonable use of resources nor would the evaluation provide reliable data.  

In a legal review of the discharge case file, the assistant staff judge advocate found it legally sufficient and recommended that the applicant be discharged from the Air Force with an honorable discharge without probation and rehabilitation.  On 8 November 2002, the discharge authority directed that the applicant be honorably discharged from the Air Force under the provisions of AFPD 36-32 and AFI 36-3208, Chapter 5, Section B, Involuntary Convenience of the Government, Paragraph 5.11.9, Conditions that Interfere with Military Service, Mental Disorders, without probation and rehabilitation.  The applicant was discharged on 15 January 2003 by reason of “Personality Disorder” with a Separation Code of “JFX” and a Reenlistment Eligibility (RE) code of “2C.”  He had served three years and four days on active duty. 

The remaining relevant facts pertaining to the applicant’s mental health evaluations, extracted from the applicant’s medical records, are contained in the letter prepared by the BCMR Medical Consultant at Exhibit C.

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AIR FORCE EVALUATION:

The BCMR Medical Consultant recommends the application be denied.  The BCMR Medical Consultant states the applicant’s mental health records show the diagnosis of Personality Disorder is well documented and there was no substantive disagreement between the mental health providers caring for him over two years.  All providers noted the strong presence of abnormal narcissistic personality features.  Personality disorders are lifelong patterns of maladjustment in the individual’s personality structure which are not medically disqualifying or unfitting but may render the individual unsuitable for further military service and may be cause for administrative action by the individual’s unit commander.  The BCMR Medical Consultant further states although the applicant demonstrated the ability to perform his duties in an exemplary fashion, he exhibited a pattern of poor interpersonal skills with difficulties in interpersonal relationships with peers and supervisors; and inability to conduct himself appropriately in all military settings, poor coping skills under stress leading to psychological distress and impulsive self injurious behavior.  Applicant demonstrated an ongoing need for mental health services yet repeatedly declined and was non-compliant with the therapeutic modality in helping him overcome his difficulties with interpersonal skills and coping with the stresses of military life and his marriage.  

The BCMR Medical Consultant advises recoupment of enlistment, reenlistment and retention bonuses is merited under current policy and regulation when administrative discharge is for a condition considered unsuiting, including personality disorder, adjustment disorder, impulse control disorders, or a phobia such as fear of flying.  The BCMR Medical Consultant opines no change in the records is warranted.  The BCMR Medical Consultant’s evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 30 July 2004, a copy of the Air Force evaluation was sent to the applicant for review and comment.  As of this date, this office has not received a 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.  The applicant is seeking a change to his separation code to be relieved of the requirement that he reimburse the government for the unearned portion of the Initial Enlistment Bonus he received.  The record reveals that at the time of his enlistment, he acknowledged that should he voluntarily or involuntarily not complete the term of obligated service for which the bonus was paid, or should he not maintain qualification in the bonus Air Force Specialty Code (AFSC), he would be required to repay the unearned portion of the bonus.  The separation code he received corresponds directly to the reason for his separation.  Although the applicant demonstrated the ability to perform his duties in an exemplary manner, the record shows that he exhibited a pattern of poor interpersonal skills with an ongoing need for mental health services.  Other than his own assertions, the applicant has provided no evidence indicating the information in his discharge case file and medical records is erroneous, the diagnosis of a personality disorder in his case was not based on accepted medical principles, his substantial rights were violated, or his commanders abused their discretionary authority.  In the absence of such evidence, we have no basis to find his discharge or his RE code, which directly corresponds to the involuntary nature and service characterization of his separation, are erroneous or injust.  Likewise, the applicant has provided no evidence indicating the recoupment of the unserved portion of his enlistment bonus was improper or he has been treated differently from other similarly situated members.  Accordingly, in view of the above, the applicant’s requests are not favorably considered.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of probable 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 this application in Executive Session on 15 September 2004, under the provisions of AFI 36‑2603:

The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2004-00533:

    Exhibit A.  DD Form 149, dtd 23 Jan 04, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, BCMR Medical Consultant, dtd 27 Jul 04.
    Exhibit D.  Letter, SAF/MRBR, dated 30 Jul 04.