RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-01750 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He receive the Selective Reenlistment Bonus (SRB) he was forced to pay back in the amount of $10,600.00. ________________________________________________________________ THE APPLICANT CONTENDS THAT: Based on the applicable guidance he should not have been forced to pay back his reenlistment bonus. An Under Secretary of Defense (USD) memorandum dated 21 May 08, states that a member separated for other than medical reasons, repayment is not sought. This memorandum is consistent with the Deputy Secretary of Defense (DSD) memorandum dated 8 Apr 05. In support of his appeal, the applicant provides a personal statement, copies of Department of Veterans Affairs (DVA) decisional documents; USD Secretarial Memorandum, and various other documents associated with his request. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: According to the applicant’s DD Form 4/1,Enlistment/Reenlistment Document Armed Forces of the United States, on 11 Apr 05, he reenlisted in the Air Force for a period of 4 years and 24 months in the grade of Senior Airman (SrA/E-4). On 30 Mar 07, the applicant's commander notified him that she was recommending he be discharged due to his diagnoses of Anxiety Disorder Not Otherwise Specified (NOS) and Avoidant Personality Disorder. The Mental Health provider noted that the applicant’s personality disorder was so severe that his ability to function effectively in the military environment was significantly impaired and precluded satisfactory performance of his duties. The applicant acknowledged receipt of the notification of discharge and was advised of his right to consult with legal counsel and submit statements in his own behalf. The discharge authority approved the separation and directed the applicant be discharged with an honorable discharge. On 2 May 07, the applicant was discharged from active duty, under the provisions of AFI 36-3208, Administrative Separation of Airman, with a narrative reason for separation of "Mental Disorder (Other).” He was credited with 5 years, 6 months, and 23 days of active duty service ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSOA deferred their recommendation to the Defense Finance and Accounting Service (DFAS) to determine if the SRB should have been recouped and to pay the applicant, if appropriate. Further, they noted that the applicant believes his SRB should not have been recouped based on governing guidance. Per AFI 36- 2606, Reenlistment in the USAF, para 2.17.1.1, DFAS uses the Separation Program Designator (SPD) code to determine if SRB recoupment is appropriate. The complete DPSOA evaluation is at Exhibit C. DFAS-IN recommends approval of the applicant’s request to change the SPD code to authorize non-recoupment of bonus monies paid. The applicant has requested return of the recouped bonus in the amount of $10,600.00. The applicant was discharged based on medical evaluations but the separation code posted to the DD Form 214, Certificate of Release or Discharge from Active Duty, is not reflected in the entitlement. DFAS-IN does not have the authority to adjust the SPD code therefore it is up to whoever published the separation orders and DD Form 214 to reconsider the entitlement. The complete DFAS-IN evaluation is at Exhibit D. AFPC/DPSOR deferred their recommendation to the Board to determine if the applicant should have had his SRB recouped and direct DFAS-IN, to pay the applicant as authorized, if appropriate. A review of the applicant's record reveals there was no error in the applicant's separation record. The applicant's DD Form 214 correctly reflects that he was discharged from the Air Force with a separation code of “JFE" and a narrative reason of "Mental Disorder (Other).” As per AFPC/DPSOA, DFAS-IN has the final decision to determine if SRB recoupment is appropriate. The applicant was discharge IAW AFI 36-3208, Para 5.11.9, with the correct SPD code. SPD code of “JFE” supports the narrative reason for separation “Mental Disorder.” The complete DPSOR evaluation is at Exhibit E. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: Copies of the Air Force evaluations were forwarded to the applicant on 15 Oct 13 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit F). ________________________________________________________________ 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. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice warranting corrective action. The Air Force Offices of Primary Responsibility (OPRs) have adequately addressed the issues presented by the applicant and deferred their recommendation as to recoupment to DFAS-IN. DFAS-IN finds that recoupment is not appropriate and we are in agreement with their opinion and recommendation. Therefore, we recommend the applicant’s record be corrected as indicated below. ________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, on 2 May 07, he was discharged under the provisions of AFI 36-3208, paragraph 1-2, (Secretarial Authority) with a Separation Code of KFF and that repayment of the unearned portion of the bonus would be contrary to personnel policy. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2013-01750 in Executive Session on 30 Jan 14, under the provisions of AFI 36-2603: , Panel Chair , Member , Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 5 Apr 13, w/atchs. Exhibit B. Applicant’s Available Master Personnel Records. Exhibit C. Letter, AFPC/DPSOA, dated 10 Jul 13. Exhibit D. Letter, DFAS-IN, undated. Exhibit E. Letter, AFPC/DPSOR, dated 6 Sep 13. Exhibit F. Letter, SAF/MRBR, dated 15 Oct 13. 1 2