RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-00257
INDEX CODE: 128.14
COUNSEL: NONE
HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 23 JUL 06
_________________________________________________________________
APPLICANT REQUESTS THAT:
Her records be corrected to show that she participated in the College Loan
Repayment Program (CLRP).
_________________________________________________________________
APPLICANT CONTENDS THAT:
She was told by her recruiter that she would be able to participate in the
CLRP program and further told that once she provided a promissory letter
the Air Force would automatically pay for her loan. While on delayed
enlistment, she was notified that her account was in default and she
contacted the American Education Service (AES) and set up a deferment until
June 2003. In September 2003, while on leave enroute to her first unit of
assignment, she was notified her account was still in default. She
contacted her recruiter who then told her that she had previously told him
she would pay off the loan herself with her enlistment bonus money. She
informed him she did not make that statement because her debt was $7,000
and her enlistment bonus was only $2,000 after taxes. He told her he gave
the paperwork to her mother but her mother had not heard from him. Her
loan is still in default and she is still receiving letters and calls from
the AES.
In support of her request, applicant provided a personal statement. Her
complete submission, with attachment, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant entered the delayed enlistment program on 18 Sep 02 and enlisted
in the Regular Air Force on 13 May 03. She has been progressively promoted
to the grade of airman first class, having assumed that grade effective and
with a date of rank of 27 Jun 03. Her expiration term of service is 12 May
2009.
The CLRP pays 1/3 or $3,333.33, whichever is less, each year for 3 years.
The maximum repayment amount is $10,000 less federal income tax. The law
authorizes the CLRP to repay six types of federally-insured college loans.
Individuals with defaulted loans prior to entry on active duty are
disqualified from the program and public law also forbids repayment of
loans in default.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPPAE recommends denial. DPPAE states the applicant's AF Form 3008,
Supplement to Enlistment Agreement, reflects that she declined CLRP
enrollment. She acknowledged declination of the program and permanently
waived the CLRP enrollment option. She submits a statement but does not
provide evidence in support of her statement. The CLRP is a promise and is
required to be annexed in the enlistment agreement. Enlistees acknowledge
in the enlistment agreement that any oral or written promises not annexed
in the enlistment agreement will not be honored by the Air Force. As
evidenced by the AF Form 3008, she was properly counseled on the CLRP
option and elected not to participate. The DPPAE evaluation is at Exhibit
C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4 Mar
05 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. We took notice of the applicant's
complete submission in judging the merits of the case; however, we do not
find her uncorroborated assertions of miscounseling sufficiently persuasive
to override the rationale provided by the Air Force. The applicant elected
to decline enrollment into the CLRP program. The CLRP election option
contained in her enlistment contract unambiguously states the election can
only be made during the initial enlistment and waiving the enrollment
option is a permanent decision. Absent corroborative evidence that she was
improperly counseled, we find no compelling basis to recommend granting the
relief sought in this application.
_________________________________________________________________
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 AFBCMR Docket Number BC-2005-
00257 in Executive Session on 9 Jun 05, under the provisions of AFI 36-
2603:
Mr. Richard A. Peterson, Panel Chair
Mr. Grover L. Dunn, Member
Mr. Michael J. Maglio, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 4 Nov 04, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPPAE, dated 18 Feb 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 4 Mar 05.
RICHARD A. PETERSON
Panel Chair
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