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AF | BCMR | CY2003 | BC-2003-01095
Original file (BC-2003-01095.doc) Auto-classification: Denied

                            RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBERS:  BC-2003-01095
            INDEX CODE 128.14
            COUNSEL:  None

            HEARING DESIRED:  No

_________________________________________________________________

APPLICANT REQUESTS THAT:

Section  E  (Remarks)  of  AF  Form  3008,  Supplement  to  Enlistment
Contract, dated 6 Aug 02, be changed to show he  elected  the  College
Loan Repayment Program (CLRP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He mistakenly declined CLRP and immediately crossed out  his  initials
with a large “X.” He intended to elect CLRP.

The applicant’s complete submission, with attachment, is at Exhibit A.


_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 6 Aug 02.

Section E of AF Form 3008 states, in part: “I have been briefed on the
CLRP and either do not meet the program requirements or elect  not  to
participate.  I  understand  my  initial  enlistment   is   the   only
opportunity to enroll in the CLRP and  I  permanently  waive  my  CLRP
enrollment option.”

On the copy of the AF Form 3008, dated  6  Aug  02,  provided  by  the
applicant at Exhibit A, his initials in Section E  have  a  large  “X”
over them.  However, his initials are not  crossed  out  on  the  copy
scanned into the Automated Records  Management  System  (ARMS)  at  HQ
AFPC, also dated 6 Aug 02, and provided by the Air Force at Exhibit B.

On 20 Aug 02, the applicant declined benefits under the Montgomery  GI
Bill (MGIB).

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFRS/RSO advises that discussion with records section personnel  at
HQ AFPC indicate the  applicant’s  military  personnel  records  (MPR)
contains a copy of the Form 3008 without the “X.”  Consequently,  they
do not believe it was marked at the  time  and  in  the  circumstances
stated by the  applicant.  Their  position  is  that  the  applicant’s
properly informed and executed declination of both the CLRP  and  MGIB
should remain.

A complete copy of the evaluation, with attachment, is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air  Force  evaluation  was  forwarded  to  the
applicant on 13 Jun 03 for review and comment within 30 days.   As  of
this date, this office has received no response.

_________________________________________________________________

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. After a thorough  review  of  the
evidence  of  record  and  the  applicant’s  submission,  we  are  not
persuaded that his records should reflect he  elected  the  CLRP.  The
applicant’s contentions are duly noted; however, we do not find  these
uncorroborated  assertions,  in  and   by   themselves,   sufficiently
persuasive to override  the  evidence  of  record  and  the  rationale
provided by the Air Force. The  copy  of  the  AF  Form  3008  in  the
applicant’s records at HQ AFPC, and provided  at  Exhibit  B,  is  not
marked with the large “X” as indicated on the  applicant’s  copy.  The
applicant has not  shown  he  was  improperly  informed  or  that  his
declination of the CLRP was improperly executed.  We  therefore  adopt
the Air Force’s rationale as the  basis  for  our  decision  that  the
applicant has failed to sustain his burden of having  suffered  either
an error or an injustice. In view of the above and  absent  persuasive
evidence to the contrary, we conclude this appeal should be denied.

_________________________________________________________________

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.

_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 21 August 2003 under the provisions  of  AFI  36-
2603:

                 Ms. Patricia D. Vestal, Panel Chair
                 Ms. Martha J. Evans, Member
                 Mr. E. David Hoard, Member

The following documentary evidence relating to AFBCMR Docket Number BC-
2003-01095 was considered:

   Exhibit A.  DD Form 149, dated 25 Mar 03, w/atchs.
   Exhibit B.  Letter, HQ AFRS/RSO, dated 9 Jun 03, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 13 Jun 03.




                                   PATRICIA D. VESTAL
                                   Panel Chair

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