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).
_________________________________________________________________

APPLICANT CONTENDS THAT:

He was given misinformation on enrolling in the Enlisted College  Loan
Repayment Program (ECLRP) and was instructed to  sign  DD  Form  2366,
Montgomery GI Bill Act of 1984 (MGIB), on 21 February 2001,  declining
the MGIB because of CLRP.

In support of his request, the applicant submits a personal  statement
and additional documents associated  with  the  issues  cited  in  his
contentions.  The applicant’s complete submission,  with  attachments,
is at Exhibit A.
_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Air Force Reserve (Delayed  Entry/Enlistment
Program (DEP)) on 30 June 2000 for a period of eight  years.   He  was
discharged from DEP and enlisted in the Regular Air Force in the grade
of airman first class (E-3) on 6 February 2001 for a  period  of  four
years.  On 1 March 2001, his term of enlistment was changed from  four
years to six years.  He was progressively promoted  to  the  grade  of
senior airman (E-4), with an  effective  date  and  date  of  rank  of
7 December 2002.

Information extracted from applicant’s submission reveals that, on  21
February 2001, he signed a DD Form 2366, Montgomery  GI  Bill  Act  of
1984 (MGIB), declining enrollment in the MGIB in order to qualify  for
the ECLRP.
_________________________________________________________________

AIR FORCE EVALUATIONS:

HQ AFPC/DPPAE recommends the  application  be  denied.   DPPAE  states
that, on the basis of all the enlistment documents, the applicant  has
submitted no proof to support  his  claim.   ECLRP  is  an  enlistment
incentive not an entitlement.  The  HQ  AFPC/DPPAE  evaluation  is  at
Exhibit C.


HQ AFPC/DPPAT recommends the applicant’s request for MGIB be  approved
and his request for enrollment in the ECLRP be denied.   DPPAT  states
the applicant submitted a detailed statement that he  was  advised  he
could only enroll in ECLRP or the MGIB.  Their office  has  previously
confirmed incorrect ECLRP  and  MGIB  information  being  provided  to
applicants at Basic Military Training prior to 30 April 2001.  If  the
Board grants the requested relief and allows the applicant  to  enroll
in the ECLRP, he cannot qualify for both ECLRP and MGIB on one term of
service.  Should the Board grant relief and  correct  the  applicant’s
record to enroll in ECLRP, as  a  general  rule,  the  applicant  must
complete 36 months of  continuous  active  duty  service  after  ECLRP
payments are processed to qualify for MGIB.  If the applicant fails to
complete the required service for MGIB  eligibility,  the  applicant’s
claim for MGIB benefits will be denied by the Department  of  Veterans
Affairs without refund of the $1,200 pay reduction.  The HQ AFPC/DPPAT
evaluation is at Exhibit D.
_________________________________________________________________

APPLICANT'S REVIEW OF AIR STAFF EVALUATIONS:

Copies of the Air Force evaluations were forwarded to applicant on  15
April 2005 for review and response.  As of this date, no response  has
been received by this office (Exhibit E).

On 12 May 2005, the applicant was provided redacted copies of  similar
cases considered by the AFBCMR.  As of this date, no response has been
received by this office (Exhibit F).
_________________________________________________________________

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  applicant’s
submission and the evidence of record, we are persuaded that relief is
warranted.  In this respect, we note that, prior  to  30  April  2001,
incorrect CLRP and MGIB information was being provided  to  applicants
at Basic Military Training.  We have subsequently learned that,  while
the member may not use MGIB and CLRP during the  same  enlistment,  in
order to participate in the MGIB  during  or  following  a  subsequent
enlistment,  a  member  must  elect  into  both  programs   and   make
contributions to the MGIB program during their first  enlistment.   It
is only upon reenlistment that the member then  gains  access  to  the
MGIB monies.  Inasmuch as the applicant enlisted in February 2001,  it
appears he  may  not  have  been  properly  counseled  concerning  his
eligibility to participate in  both  programs.   We  have  no  way  of
knowing if  the  applicant  meets  all  the  eligibility  criteria  to
participate in the programs.  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, on 21 February  2001,
he elected to participate in the Montgomery GI Bill (MGIB) program and
that, provided he meets the eligibility criteria for participation  in
the College Loan Repayment Program (CLRP), he elected  to  participate
in CLRP.
_________________________________________________________________

The following members of the  Board  considered  this  application  in
Executive Session on 14  June  2005  and  4  August  2005,  under  the
provisions of AFI 36-2603:

                  Mr. Michael J. Novel, Panel Chair
                  Ms. Patricia R. Collins, Member
              Mr. Vance E. Lineberger, Member

All members  voted  to  correct  the  records,  as  recommended.   The
following documentary  evidence  was  considered  in  connection  with
AFBCMR Docket Number BC-2005-00737.

   Exhibit A.  DD Form 149, dated 16 Feb 05, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAE, dated 28 Mar 05.
   Exhibit D.  Letter, HQ AFPC/DPPAT, dated 6 Apr 05.
   Exhibit E.  Letter, SAF/MRBR, dated 15 Apr 05.
   Exhibit F.  Letter, AFBCMR, dated 12 May 05, w/atch.



                                   MICHAEL J. NOVEL
                                   Panel Chair


AFBCMR BC-2005-00737




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, on 21 February
2001, he elected to participate in the Montgomery GI Bill (MGIB)
program and that, provided he meets the eligibility criteria for
participation in the College Loan Repayment Program (CLRP), he elected
to participate in CLRP.




            JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency