Search Decisions

Decision Text

AF | BCMR | CY2004 | BC-2004-02410
Original file (BC-2004-02410.doc) Auto-classification: Denied



                            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

Similar Decisions

  • AF | BCMR | CY2004 | BC-2004-02144

    Original file (BC-2004-02144.doc) Auto-classification: Denied

    Eligibility for ECLRP is determined by Air Force Recruiting Services at the time a member enlists into the Air Force. On 31 Aug 04, HQ FPC/DPPAT requested the applicant provide evidence showing he was provided “untrue” information at BMT regarding the MGIB. _________________________________________________________________ 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...

  • AF | BCMR | CY2010 | BC-2009-01110

    Original file (BC-2009-01110.txt) Auto-classification: Denied

    The Air Force repays the lesser amount of one- third or $3333.33, per year of outstanding qualifying student loans. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-01110 in Executive Session on 15 April 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated...

  • AF | BCMR | CY2010 | BC 2009 01110

    Original file (BC 2009 01110.txt) Auto-classification: Denied

    The Air Force repays the lesser amount of one- third or $3333.33, per year of outstanding qualifying student loans. As of this date, no response has been received by this office (Exhibit D). ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2009-01110 in Executive Session on 15 April 2010, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated...

  • AF | BCMR | CY2010 | BC-2010-01460

    Original file (BC-2010-01460.txt) Auto-classification: Denied

    We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and the recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion the applicant has failed to sustain his burden of proof of the existence of an error or injustice. Exhibit C. Letter, AFPC/DPSIT, dated 8 June 2010. Exhibit D. Letter, SAF/MRBR, dated 1 October 2010.

  • AF | BCMR | CY2013 | BC 2013 00492

    Original file (BC 2013 00492.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2013-00492 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her DD Form 214, Certificate of Release or Discharge from Active Duty, be changed in Block 15c, Enlisted Under Loan Repayment Program (10 USC Chap 109) (If yes, years of commitment:--) to reflect “0” and “No” rather than “3” and...

  • AF | BCMR | CY2006 | BC-2005-02388

    Original file (BC-2005-02388.doc) Auto-classification: Approved

    He believed he was declining only the option of the six-year enlistment when he initialed in Section E of the Air Force Form 3008, Supplement to Enlistment Agreement – United States Air Force. The applicant’s complete submission, with attachment, is at Exhibit A. CHARLENE M. BRADLEY Panel Chair AFBCMR BC-2005-02388 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...

  • ARMY | BCMR | CY2003 | 2003087287C070212

    Original file (2003087287C070212.rtf) Auto-classification: Approved

    if enlisting for the LRP [Loan Repayment Program], disenroll the applicant or soldier from the GI Bill; and c.) verify that the applicant has qualifying loans if enlisting for the LRP. Wide discretions are available to this Board under Title 10, US Code, Section 1552, which includes the authority to amend the applicant’s DA Form 3286-66 to include the sentence, “If a student loan is accepted by the officials processing you for enlistment as payable under the LRP and the government fails to...

  • AF | BCMR | CY2013 | BC 2013 05440

    Original file (BC 2013 05440.txt) Auto-classification: Denied

    The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. The ECLRP in only valid during the service member’s initial enlistment and the applicant initialed her AF Form 3008 declining to participate in the program. The applicant has since reenlisted,...

  • AF | BCMR | CY2008 | BC-2008-00973

    Original file (BC-2008-00973.doc) Auto-classification: Denied

    The remaining relevant facts pertaining to this application, extracted from the applicant’s military records, are contained in the letter prepared by the appropriate office of the Air Force at Exhibit C. _________________________________________________________________ AIR FORCE EVALUATION: HQ AFPC/DPSIT recommends denial. DPSIT states the ECLRP is an enlistment incentive where the Air Force assists individuals by repaying a portion of their outstanding federal student loans. ...

  • ARMY | BCMR | CY2006 | 20060003103C070205

    Original file (20060003103C070205.doc) Auto-classification: Approved

    A Statement of Understanding United States Army Incentive Enlistment Program prepared during his enlistment processing, confirms that the applicant enlisted in the Regular Army for a Cash Bonus and the LRP incentive option. In doing so, the applicant's military records should be corrected to show his Statement for Enlistment United States Army Enlistment Program was amended to include the sentence “If a student loan is accepted by the official processing you for enlistment as payable under...