RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2004-02410
INDEX CODE 128.00
COUNSEL: None
HEARING DESIRED: No
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Enlisted College Loan Repayment Program (ECLRP) be annexed to his
enlistment contract.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The applicant makes no contentions. His complete submission, with
attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
ECLRP, Title 10, USC, Section 2171, is an enlistment incentive that is
a contractual agreement. Specific promises of performance by the Air
Force and the member for ECLRP consideration are contained in the
contractual agreement annexed to the enlistment contract. Eligibility
for ECLRP is determined by Air Force Recruiting Services at the time a
member enlists into the Air Force. Members are required to establish
eligibility for ECLRP prior to entry on active duty by providing all
loan promissory notes, obtaining student loan deferments, and
verifying eligible loans are not in default prior to a member’s entry
on active duty. The law authorizes the ECLRP to repay six types of
federally insured college loans. ECLRP pays one-third, or $3,333.33,
whichever is less, each year for three years. The first ECLRP payment
occurs on the first year anniversary of a member’s enlistment. The
maximum repayment is $10,000.00, less federal income tax.
A member cannot qualify for ECLRP and the Montgomery GI Bill (MGIB)
benefits on one term of service.
The applicant enlisted in the Regular Air Force for a period of four
years on 12 Nov 02. On 30 Nov 02, he declined MGIB enrollment, and
this election is irrevocable per Title 38, USC, Chapter 30, Section
3011. Therefore, the applicant is currently not eligible for either
the MGIB or the ECLRP.
_________________________________________________________________
AIR FORCE EVALUATION:
The applicant does not qualify for ECLRP and provides no evidence to
support eligibility for the program. ECLRP must be annexed as part of
the applicant’s enlistment contract in order to process payment toward
eligible loans. Therefore, denial is recommended.
A complete copy of the evaluation is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A complete copy of the Air Force evaluation was forwarded to the
applicant on 15 Oct 04 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 the ECLRP should be annexed to his enlistment contract. The
applicant makes no contentions, and the evidence of record appears to
support the rationale provided by the Air Force. The applicant did
not establish eligibility for ELCRP prior to enlistment by providing
all loan promissory notes, student loan deferments, and verification
that eligible loans were not in default. We therefore adopt the
rationale expressed 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 8 December 2004 under the provisions of AFI 36-
2603:
Ms. Martha J. Evans, Panel Chair
Mr. Alan A. Blomgren, Member
Mr. Michael J. Novel, Member
The following documentary evidence relating to AFBCMR Docket Number BC-
2004-02410 was considered:
Exhibit A. DD Form 149, dated 29 Jul 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAT, dated 1 Oct 04.
Exhibit D. Letter, SAF/MRBR, dated 15 Oct 04.
MARTHA J. EVANS
Panel Chair
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