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AF | BCMR | CY2004 | BC-2003-02257
Original file (BC-2003-02257.DOC) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02257
            INDEX NUMBER:  112.00

            COUNSEL:  NONE

            HEARING DESIRED: NO

___________________________________________________________________

APPLICANT REQUESTS THAT:

The AF Form 3008, Supplement to Enlistment Agreement,  be  included
as part of his initial enlistment contract in the Regular Air Force
and that he be enrolled  in  the  College  Loan  Repayment  Program
(CLRP).

___________________________________________________________________

APPLICANT CONTENDS THAT:

His recruiter said the  Air  Force  would  help  pay  for  existing
college loans, but never included the forms needed or told him what
he needed during his in-processing.

The applicant’s complete submission is at Exhibit A.

___________________________________________________________________

STATEMENT OF FACTS:

On 25 Jun 02, applicant enlisted in the Regular Air Force as an   E-
2, for a period of four years.

On 9 Jul 02, applicant signed a DD Form 2366,  Montgomery  GI  Bill
Act of 1984 (MGIB), to participate in the MGIB program.

___________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPPAE recommends the applicant’s  request  be  disapproved.
The Procedural Guidance Message, dated  1  Feb  02,  governing  the
College Loan Repayment Plan (CLRP) clearly states that  you  cannot
have the CLRP and the MGIB active at the same time.   If  a  member
elects the CLRP, he or she opts to use the  MGIB  on  their  second
enlistment.   The  applicant   has   not   provided   evidence   to
substantiate his statement that the recruiter misinformed him.  The
recruiter and the Military Entrance Processing Station (MEPS)  were
contacted and  they  related  that  he  expressed  no  interest  in
enrolling into the CLRP.

A complete copy of the evaluation is at Exhibit C.

___________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 Jan 04, a copy of the Air Force evaluation  was  forwarded  to
the applicant for review and comment within 30 days.   To  date,  a
reply has not been received. (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.  Sufficient relevant evidence has been presented to  demonstrate
the existence of error or injustice.  After reviewing the  evidence
of record, we believe the applicant  has  been  the  victim  of  an
injustice.  In this respect, because the Air  Force  is  unable  to
produce the AF Form 3008 and DD Form 1966/1 containing the required
codes that are mandatory according to the  procedural  message  for
the program issued to all recruiters, it appears the applicant  may
not have been properly  counseled  concerning  his  eligibility  to
participate in the College Loan Repayment Program (CLRP).  We  have
no way of knowing  if  the  applicant  meets  all  the  eligibility
criteria to participate in the program.  Nevertheless, in  view  of
the above and  to  offset  any  possibility  of  an  injustice,  we
recommend his records be corrected to the extent 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, provided he meets
the eligibility criteria for  participation  in  the  College  Loan
Repayment Program (CLRP), on 9 July 2002, he elected to participate
in that program rather than the Montgomery GI Bill (MGBI).

___________________________________________________________________

The following members of the Board considered AFBCMR Docket  Number
BC-2003-02257 in Executive Session on  19  February  and  30  March
2004, under the provisions of AFI 36-2603:

      Mr. Vaughn E. Schlunz, Panel Chair
      Ms. Jean A. Reynolds, Member
      Mr. James W. Russell III, Member

All members voted to correct  the  records,  as  recommended.   The
following documentary evidence was considered:
     Exhibit A.  DD Form 149, dated 18 Jun 03
     Exhibit B.  Applicant's Master Personnel Records
     Exhibit C.  Letter, AFPC/DPPAE, dated 16 Dec 03
     Exhibit D.  Letter, SAF/MRBR, dated 9 Jan 04




                                   VAUGHN E. SCHLUNZ
                                   Panel Chair



AFBCMR BC-2003-02257




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air
Force Board for Correction of Military Records and under the
authority of Section 1552, Title 10, United States Code (70A Stat
116), it is directed that:

      The pertinent military records of the Department of the Air
Force relating to [applicant], be corrected to show that, provided
he meets the eligibility criteria for participation in the College
Loan Repayment Program (CLRP), on 9 July 2002, he elected to
participate in that program rather than the Montgomery GI Bill
(MGIB).






            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency


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