Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2003-02497
Original file (BC-2003-02497.doc) Auto-classification: Approved

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2003-02497
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

He be enrolled in College Loan Repayment Plan (CLRP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He entered the USAF on 2 July 2002 and began his enlistment processing
in May 2002.  At the time of his enlistment processing he was not made
aware that a CLRP enrollment  statement  must  be  included  with  his
contract to be eligible for the program.  Had he been aware  that  the
statement was needed, he would have included it in his contract at the
time of his enlistment.

The applicant did not submit any documents in support of the appeal.

Applicant's complete submission is attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force  on  2  July  2002  for  a
period of four years in the grade of airman first class.

On 17 July 2002, the applicant elected to enroll in the Montgomery  GI
Bill option via DD Form 2366, Montgomery GI Bill Act of 1984, while in
Basic Military Training.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends disapproval.  After a  thorough  review  of  the
applicant’s military records and talking with  the  Military  Entrance
Processing Station (MEPS), they concluded that he  knowingly  enrolled
in the MGIB.

The Procedural Guidance Message dated 1 February 2002,  governing  the
CLRP clearly state that you cannot have the CLRP and the  MGIB  active
at the same time.  If a member elect the CLRP, they  opt  to  use  the
MGIB on their second enlistment.

A complete copy of the evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 9 January 2004, a copy of the Air Force evaluation was 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.    Sufficient relevant evidence has been presented  to  demonstrate
the existence of error or injustice.  After reviewing the evidence  of
record, we do  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  of  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 17 July 2002, he elected  to  participate
in that program rather than the Montgomery GI Bill (MGIB).

_________________________________________________________________

The following members of the Board considered  this  application,  BC-
2003-02497,  in  Executive  Session  on  22  March  2004,  under   the
provisions of AFI 36-2603:

                  Mr. Robert S. Boyd, Panel Chair
                  Mr. Charlie E. Williams, Jr., Member
              Mr. Grover L. Dunn, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 24 Jul 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.




                                   ROBERT S. BOYD
                                   Panel Chair







AFBCMR BC-2003-02497
INDEX CODE:  128.14




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, be corrected to show that, provided he meets the
eligibility criteria for participation in the College Loan Repayment
Program (CLRP), on 17 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


Similar Decisions

  • AF | BCMR | CY2004 | BC-2003-02803

    Original file (BC-2003-02803.doc) Auto-classification: Approved

    After reviewing the evidence of record, we do believe the applicant has been the victim of an injustice. _________________________________________________________________ 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 30 October 2002, he elected to participate in that program rather than...

  • AF | BCMR | CY2005 | BC-2005-00113

    Original file (BC-2005-00113.doc) Auto-classification: Approved

    Based on all the facts presented by the applicant, DPPAES believes she was well aware at her time of entry into active duty that she was not eligible to be enrolled into the MGIB. After reviewing the evidence of record, we do believe the applicant has been the victim of an injustice. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT be corrected to show that on...

  • AF | BCMR | CY2005 | BC-2005-00737

    Original file (BC-2005-00737.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-00737 INDEX CODE: 128.14 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 3 SEPTEMBER 2006 _________________________________________________________________ APPLICANT REQUESTS THAT: His records be corrected to permit his participation in the College Loan Repayment Program (CLRP) and remain eligible for the Montgomery GI Bill (MGIB). If the Board grants the...

  • AF | BCMR | CY2004 | BC-2003-02257

    Original file (BC-2003-02257.DOC) Auto-classification: Approved

    After reviewing the evidence of record, we believe the applicant has been the victim of an injustice. ___________________________________________________________________ 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...

  • AF | BCMR | CY2004 | BC-2003-03574

    Original file (BC-2003-03574.DOC) Auto-classification: Approved

    ___________________________________________________________________ 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 4 November 2002, he elected to participate in that program rather than the Montgomery GI Bill (MGIB). The following documentary evidence was considered: Exhibit A. DD Form...

  • AF | BCMR | CY2005 | BC-2005-00448

    Original file (BC-2005-00448.doc) Auto-classification: Denied

    _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPPAE recommends the application be denied. As of this date, no response has been received by this office (Exhibit C). In this respect, we note that, at the time of enlistment, the applicant initialed indicating she was counseled on the CLRP option and elected not to participate in the program.

  • AF | BCMR | CY2005 | BC-2005-02341

    Original file (BC-2005-02341.DOC) Auto-classification: Approved

    However, in-depth information is provided after entry on active duty that correctly addresses the program and eligibility. His AF Form 3008 does state MGIB disenrollment is required to participate in CLRP; however, the lecture at BMT and the BMT student guide correct any inaccurate statements or information provided to the applicant prior to entry on active duty. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of...

  • AF | BCMR | CY2006 | BC-2005-02775

    Original file (BC-2005-02775.doc) Auto-classification: Approved

    Applicant completed AF Form 3008, Supplement to Enlistment Agreement – United States Air Force, on 12 Aug 03, acknowledging that he had been briefed on the CLRP and that he permanently waived his CLRP enrollment option. A complete copy of the evaluation is at Exhibit C. ___________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: Applicant reiterated his original contentions that he was misled at the MEPS station. NOVEL Panel Chair AFBCMR...

  • AF | BCMR | CY2007 | BC-2006-03000C

    Original file (BC-2006-03000C.DOC) Auto-classification: Approved

    It appears the applicant intended not to participate in the MGIB Program, and instead enrolled in the College Loan Repayment Program (CLRP) as part of his enlistment contract to pay existing student loans. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 26 Sep 06, w/atchs. Patricia J. Zarodkiewicz Vice Chair AFBCMR BC-2006-03000 MEMORANDUM FOR THE CHIEF OF STAFF Having received and considered the recommendation of the Air Force Board for Correction of...

  • AF | BCMR | CY2006 | BC-2005-03265

    Original file (BC-2005-03265.doc) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-03265 INDEX CODE: 128.14 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 28 April 2007 _________________________________________________________________ APPLICANT REQUESTS THAT: He be allowed an opportunity to reverse his declination to enroll in the Montgomery GI Bill (MGIB) or his records be corrected to reflect enrollment in the Enlisted College Loan...