RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2009-01110 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ THE APPLICANT REQUESTS THAT: He be entitled to benefits under the Enlisted College Loan Repayment Program (ECLRP). ________________________________________________________________ THE APPLICANT CONTENDS THAT: Upon enlistment, he waived his Montgomery GI Bill (MGIB) entitlement in order to receive benefits under the ECLRP. He had loans under the maximum $10,000.00 limit; was told by his recruiter the necessary paperwork would be handled at basic training. He was told by his Military Training Instructors (MTIs) everything would be taken care of at his technical school; the technical school instructor informed him it would be taken care of at his first duty station. He does not believe anyone knew anything about the program and kept pushing the responsibility down the line. After arriving at his base, the orderly room, Military Personnel Flight (MPF), and Education office personnel informed him that since he was already enrolled in the program the loans had been paid. However, when he separated in 2006, he was shocked to discover the loans had not been paid and already gone into default. Over the last three years, he has been trying to keep his loans current and out of default status. The applicant’s complete submission is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: On 22 Jan 02, the applicant enlisted in the Regular Air Force for a period of six years in the grade of airman (Amn/E-2). On that same date, he completed the AF Form 3008, Supplement to Enlistment Agreement – United States Air Force, acknowledging his understanding of the ECLRP program and elected to participate in the program. On 5 Feb 02, he signed the DD Form 2366, Montgomery GI Bill Act of 1984, waiving his entitlement to the MGIB. On 9 Dec 04, the applicant was honorably discharged under the provisions of AFI 36-3208, issued a Narrative Reason for Separation of Intradepartmental Transfer, with an Reentry (RE) code of 3A. He was credited with two years, 10 months, and 18 days of active duty service. ________________________________________________________________ THE AIR FORCE EVALUATION: AFPC/DPSIT recommends denial, stating, in part, the applicant did not offer evidence of government error. Pursuant to Title 10 USC Section 2171, the ECLRP is offered only at enlistment. The Air Force repays the lesser amount of one- third or $3333.33, per year of outstanding qualifying student loans. Payments are made in three annual installments and the maximum repayment amount is $10,000 less federal income tax. Additionally, one key aspect of the ECLRP is the Air Force does not assume a member’s student loan(s). The member is bound by the original repayment terms of their loan agreement. Annual payment(s) the government is programmed to make to a lender cannot be relied upon to keep the loan in good standing. The Air Force cannot make payments on any defaulted loans. The ECLRP is an active duty program; however, the applicant separated prior to submitting his enrollment information to DPSIT. The complete AFPC/DPSIT evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 22 May 09 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ 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. We took notice of the applicant's complete submission, including the applicant’s statement that after several inquiries into the ECLRP program, he was led to believe that his loans were paid; however, based on the documentation provided, he has not provided sufficient evidence to substantiate his claim. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility (OPR) and adopt its rationale as the basis for our conclusion the applicant has not been the victim of an error or injustice. The Air Force OPR notes, the Air Force does not assume a member’s loan, make payments on defaulted loans, and in addition, annual payments from the government cannot be relied upon to keep loans in good standing. In view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. ________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-01110 in Executive Session on 15 April 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 25 Mar 09, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSIT, dated 7 May 09. Exhibit D. Letter, SAF/MRBR, dated 22 May 09. Panel Chair