RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2007-01424
		INDEX CODE:  110.02
		COUNSEL:  NONE
		HEARING DESIRED: NO

MANDATORY CASE COMPLETION DATE:  10 NOVEMBER 2008

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APPLICANT REQUESTS THAT:

His separation code be changed so he won’t have to pay back his Initial Enlistment Bonus (IEB).

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APPLICANT CONTENDS THAT:

His debt is unjust because he was involuntarily separated for a personality disorder, anxiety and depression.  He believes that according to the Air Force Instruction, his bonus can only be recouped for homosexual acts.

Applicant’s complete submission is attached at Exhibit A.

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STATEMENT OF FACTS:

On 12 August 2003, the applicant enlisted in the Regular Air Force for a period of six years.  He received an IEB of $2,000.00.

On 13 September 2006, the applicant’s commander notified him he was recommending him for discharge from the Air Force for Conditions that Interfere with Military Service:  Mental Disorders – Adjustment Disorder with Anxious and Depressed Mood.  The specific reason for the discharge action was that the applicant was evaluated by Inpatient Mental Health between 25 April and 8 August 2006 and was diagnosed with an adjustment disorder with an anxious and depressed mood of a chronic nature.

The commander advised the applicant of his rights in this matter.

The applicant acknowledged receipt of the notification and waived his right to consult with legal counsel and elected not to submit a statement in his own behalf.

The legal office reviewed the case and found it legally sufficient to support separation and recommended the applicant receive an honorable discharge without probation and rehabilitation.

On 18 September 2006, the discharge authority approved the separation and directed the applicant be discharged. 

The applicant was separated from the Air Force on 20 September 2006 under the provisions of AFI 36-3208, Administration Separation of Airmen (personality disorder).  He was credited with three years, one month and nine days of active service.  He has incurred a debt of $1,041.38 resulting from the unearned portion of his IEB.

On 8 May 2007, HQ AFPC/DPPRY informed the applicant that his DD Form 214 had been reaccomplished to reflect the Narrative Reason for Separation as “Secretarial Authority” with an SPD code of "JFF." 

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AIR FORCE EVALUATION:

AFPC/DPPRS recommends denial.  DPPRS states based on the documentation on file in the master personnel records, the discharge was consistent with the procedural and substantive requirements of the discharge regulation. The discharge was within the discretion of the discharge authority.  The applicant did not submit any evidence or identify any errors or injustices that occurred in the discharge processing.  He provided no facts warranting a change in his character of service.

The AFPC/DPPRS complete evaluation is at Exhibit C.

AFPC/DPPAE recommends the requested relief be approved.  DPPAE states based on the applicant’s reason for separation, relief should be granted in recoupment of the unearned portion of his bonus.

AFPC/DPPAE’S complete evaluation is at Exhibit D.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 May 2007, for review and comment within 30 days.  As of this date, no response has been received by this office.  

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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 not timely filed; however, it is in the interest of justice to excuse the failure to timely file.

3.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  After a thorough review of the applicant’s military personnel record and documentation provided in support of his appeal, we are not persuaded his SPD code should be changed to one that would not require the recoupment of the unearned portion of his IEB.  The contentions made by the applicant are duly noted; however, we do not find these assertions, in and by themselves, sufficient enough to persuade us that the requested corrective action is warranted.  We note that the applicant’s SPD code was administratively changed to “JFF” because he was diagnosed with Adjustment Disorder and at the time of his separation there was no SPD code for that specific condition other than the “umbrella” code for Personality Disorder.  Unfortunately, the new SPD code does not set aside the recoupment action.  The Directorate of Personnel Program Management believes relief should be granted based on the reason for his separation.  However, the DoD Financial Management Regulation, promulgated pursuant to statute, mandates repayment of the unearned portion of his enlistment bonus.  We find no evidence of an error or injustice which would justify altering his records in a manner so that no recoupment would be mandated.  The applicant acknowledged that he understood the unearned portion of his IEB would be recouped if he did not complete his term of enlistment when he signed his Enlistment Agreement on 11 Aug 03.  He was further advised of the possibility of bonus recoupment in the commander’s 13 Sep 06 Notification Memorandum.  Therefore, absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.

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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-2007-01424 in Executive Session on 5 September 2007 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 29 Apr 07.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFPC/DPPRS, dated 9 May 07.
   Exhibit D.  Letter, AFPC/DPPAE, dated 15 May 07, w/atch.
   Exhibit E.  Letter, SAF/MRBR, dated 24 May 07.