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AF | BCMR | CY2005 | BC-2005-02341
Original file (BC-2005-02341.DOC) Auto-classification: Approved

RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2005-02341
            INDEX CODE:  112.00
            COUNSEL:  NONE
            HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE: 30 Jan 07

________________________________________________________________

APPLICANT REQUESTS THAT:

His records be  corrected  to  reflect  he  enrolled  in  the  College  Loan
Repayment Program (CLRP).

________________________________________________________________

APPLICANT CONTENDS THAT:

His AF Form 3008, Additional Terms of Enlistment Agreement, states that  for
him to receive CLRP he must decline the Montgomery GI Bill (MGIB)  in  basic
training.  His recruiter and Military  Entrance  Processing  Station  (MEPS)
personnel told him this was required in order to participate in  CLRP.   His
local Education Office believes his AF Form  3008  is  sufficiently  annexed
for him to receive CLRP.  However, he has been informed  that  his  AF  Form
3008 is improperly annexed and his application for CLRP has  been  declined.
Currently he has no MGIB or CLRP.

His complete submission is at Exhibit A.
________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 13 Nov 01.  He  is  currently
serving on active duty in the grade of senior airman,  having  assumed  that
grade effective and with a date of rank of 13 Mar 04.

The CLRP pays one-third or  $3,333.33,  whichever  is  less,  each  year  of
completed service for three years.  The maximum repayment  is  $10,000.   On
27 Jan 01, applicant signed a DD Form 2366, MGIB Act of  1984,  electing  to
disenroll in the MGIB.

________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPPAE recommends denial.  DPPPAE states the  applicant  may  have  been
provided  incorrect  information  on  MGIB  eligibility  at  the  point   of
accession.  However, in-depth information is provided after entry on  active
duty that correctly addresses the program and eligibility.  Individuals  are
briefed on the MGIB program during basic military training (BMT).  The  Plan
of Instruction used for instruction at BMT also addresses  CLRP  in  detail.
The BMT student guide also contains a detailed chapter that  addresses  MGIB
and CLRP issues.  His AF Form  3008  does  not  contain  a  CLRP  enrollment
statement.  He  acknowledged  declination  of  the  MGIB  program  based  on
information prior to entry on active duty and the statement on the  AF  Form
3008.

CLRP is an enlistment incentive not an entitlement.  It is a  tool  used  to
attract new recruits and stay competitive  with  sister  services  who  also
have loan repayment programs.  Payment to an individual  who  is  on  active
duty over three years is not the intent of the program.  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.  Declination of MGIB is not required for CLRP  eligibility  and
MGIB declination does not itself support his claim of enlisting  with  CLRP.
His AF Form 3008 does not contain a CLRP enrollment  statement  and  advises
him the Air Force will not honor any verbal promise  not  annexed  into  the
enlistment agreement.  The DPPAE evaluation is at Exhibit C.

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Applicant states his AF Form 3008 states he must decline the  Montgomery  GI
Bill while in basic training to receive  CLRP,  which  it  should  not  have
stated.  His contract was done in good faith that the  recruiter  understood
his job and the requirements.  The MGIB and CLRP  programs  are  the  number
one reasons recruits join the Air Force.  He has  done  everything  required
of him including  consolidating  his  student  loans.   The  CLRP  committee
admits that recruiters were not properly informed of how  to  annex  the  AF
Form 3008 correctly for CLRP.  However, the members were not  informed  that
their contracts were improperly annexed.   Contrary  to  DPPAE's  assertions
that his AF Form 3008 does not include a statement regarding  CLRP,  his  AF
Form 3008 includes a statement about CLRP that was improperly  written.   He
is asking that the error be corrected.  His request is  not  untimely  since
there is no time limit when an applicant must apply for CLRP as long  as  it
is within their first enlistment.

His complete response is at Exhibit E.

________________________________________________________________

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 an error  or  injustice.   In  this  respect,  it  appears  the
applicant enlisted in the Air Force with the intent of participating in  the
CLRP.  Evidence provided clearly  indicates  the  applicant  was  improperly
counseled and his enlistment agreement was erroneously  annotated  regarding
the procedures required for enrollment in CLRP.  The assertions made by  the
Air Force are duly noted; however, it is our opinion that  in  view  of  the
above, the requested relief should be granted.   Accordingly,  we  recommend
his records be corrected as 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 13 November 2001,  he  elected  to
participate in the College Loan Repayment Program (CLRP).

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number  BC-2005-
02341 in Executive Session on 13 Oct 05, under the  provisions  of  AFI  36-
2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Jan Mulligan, Member
      Ms. Dorothy P. Loeb, Member

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

    Exhibit A.  DD Form 149, dated 21 Jul 05, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPPAE, dated not dated, w/atchs.
    Exhibit D.  Letter, SAF/MRBR, dated 19 Aug 05.
    Exhibit E.  Letter, Applicant, dated 29 Aug 05.




                             THOMAS S. MARKIEWICZ
                                             Chair
AFBCMR BC-2005-02341




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 13 November 2001, he
elected to participate in the College Loan Repayment Program(CLRP).







                                        JOE G. LINEBERGER
                                        Director
                                        Air Force Review Boards Agency

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