RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-01166
            INDEX CODE:  100.00

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be enrolled in the Enlisted College Loan Repayment Program (ECLRP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was briefed on the College Loan Repayment Program and he did not want  to
decline the CLRP.  He was given an election and Montgomery  GI  Bill  (MGIB)
letter that shows a declination of the MGIB and acceptance of the CLRP.

In support of his appeal, the applicant provided AF  Form  3008,  Supplement
to Enlistment Agreement - United States Air Force,  dated  27  August  2002,
Election Letter and MGIB, dated 27 August 2002, and an Applicant’s  Contract
Information Form.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 27  August  2002  in  the
grade of airman first class for a period of six years.

On 27 August 2002,  the  applicant  completed  a  Memorandum  for  Education
Services (Subject: Election Letter and MGIB).

On 27 August 2002, the applicant signed  an  AF  Form  3008  (Supplement  to
Enlistment Agreement - United States Air Force) and indicated in  Section  E
that he declined the ECLRP.

On 9 September 2002, the applicant declined MGIB.

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AIR FORCE EVALUATION:

AFRS/RSO  indicated  that  the  applicant  signed  his  enlistment  contract
declining the CLRP but appears to have changed his mind  at  Basic  Military
Training (BMT).   Recruiting documents shows declination  of  CLRP  but  the
BMT document reflects declination of MGIB.  They are  unsure  of  where  the
election letter and  MGIB  were  completed.   Their  position  is  that  the
applicant declined CLRP.

The evaluation is at Exhibit C.

AFPC/DPPAT indicates  that  enrollment  in  the  ECLRP  is  accomplished  by
including an appropriate statement  on  the  AF  Form  3008,  Supplement  to
Enlistment Agreement.  The AF Form 3008 is part of the enlistment  contract.
 The MGIB is indirectly connected to  the  ECLRP  as  38  USC  Section  3033
prohibits  individuals  from  establishing  eligibility  for  both  programs
during the same period of service.  The Memorandum  for  Education  Services
was used to provide  relief  on  behalf  of  certain  individuals  who  were
miscounseled between May 2000 and  March  2001  regarding  the  relationship
between the two programs.  The memorandum was removed  from  circulation  in
mid-May 2001.  The applicant states  his  recruiter  provided  the  election
letter.  Their office contacted the recruiter who stated  he  cannot  recall
providing the applicant this election memo and they confirmed the  recruiter
has the most current ECLRP information and guidance.

The applicant elected not to  participate  in  the  ECLRP  and  acknowledged
being counseled on this program by initialing his AF Form 3008 at  the  time
of enlistment.  The applicant permanently waived any claim to ECLRP.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 June 2003, copies of the Air Force evaluations were forwarded  to  the
applicant for review and response within 30  days.   As  of  this  date,  no
response has been received by this office.

_________________________________________________________________

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 has been presented to demonstrate the  existence
of an error or an injustice.  The applicant asserts that he was  briefed  on
the ECLRP and did not want to decline to enroll in the program.  However,  a
review of the supplement to his enlistment contract, AF Form 3008, which  he
apparently voluntarily signed and initialed on  27  August  2002,  indicates
that he was briefed on the program, understood  that  his  first  enlistment
was his only opportunity to enroll in  the  program,  and  waived  his  CLRP
enrollment option.  The Memorandum for Education Services,  dated  27 August
2002,  (Subject:  Election  Letter  and   MGIB),   wherein   the   applicant
purportedly declined MGIB and accepted the CLRP is duly noted.  However,  it
is noted that this Memorandum was apparently used solely to  provide  relief
for certain individuals between the period May 2000 and March 2001 who  were
miscounseled regarding the program and was removed from circulation in  mid-
May 2001.  Therefore, we cannot determine how the applicant would  have  had
access to this letter.  Regardless, the Board is of  the  opinion  that  the
applicant has not provided persuasive evidence that he was not  fully  aware
of the terms and effects of his election to decline the CLRP which  he  made
on his initial enlistment contract.  It was his responsibility to ensure  he
understood this  program  before  making  his  decision.   In  view  of  the
foregoing and in the absence of compelling  evidence  to  the  contrary,  we
find no basis upon which to recommend granting the requested relief.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented  did  not  demonstrate
the existence of an 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 AFBCMR Docket Number  BC-2003-
01166 in Executive Session on 14 August 2003, under the  provisions  of  AFI
36-2603:

                  Mr. Joseph A. Roj, Panel Chair
                  Mr. Christopher Carey, Member
                  Mr. Michael K. Gallogly, Member

The following documentary evidence pertaining to AFBCMR  Docket  Number  BC-
2003-01166 was considered:

   Exhibit A.  DD Form 149, dated 27 March 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFRS/RSO, dated 29 April 2003.
   Exhibit D.  Letter, AFPC/DPPAT, dated 13 June 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 19 June 2003.




                                JOSEPH A. ROJ
                                Panel Chair