RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-02388
                                        INDEX CODE:  111.02
  XXXXXXXXXXXXXXXXXX              COUNSEL:  NONE

  XXXXXXXXXXXX                          HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  1 Febuary 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be enrolled in the Enlisted College Loan  Repayment  Program  (ECLRP)  as
were his intentions.

_________________________________________________________________

APPLICANT CONTENDS THAT:

His declining of the ECLRP enrollment option was in error.  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.

In support of his request,  the  applicant  submits  a  statement  from  his
recruiter.  The applicant’s complete  submission,  with  attachment,  is  at
Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

On 17 June 2004, the applicant enlisted in the Regular Air Force at the  age
of 25 in the grade of senior first class (E-3) for a period of  four  years.
He is currently serving on active duty with a projected date  of  separation
of 16 June 2008.

_________________________________________________________________

AIR FORCE EVALUATION:

ARPC/DPPAE recommends denial.   DPPAE  states  the  ECLRP  is  an  incentive
program not an entitlement.  The law  authorizes  the  ECLRP  to  repay  six
types of federally-insured college loans.  It pays one-third  or  $3,333.33,
whichever is less, each year for three  years.   The  maximum  repayment  is
$10,000 less federal income tax.  Individuals with defaulted loans prior  to
entry on active duty are disqualified from the program.  Public law  forbids
repayment of loans in default.

DPPAE states  the  applicant  acknowledged  declination  of  the  ECLRP  and
permanently waived the enrollment option on his AF  Form  3008.   While  the
applicant submits a detailed statement from his recruiter  with  her  belief
of what transpired on his ship day, her statement is  not  supported  by  an
eyewitness account or any other supported documentation  from  any  Military
Entrance Processing Station (MEPS) personnel.

DPPAE states if the Board’s decision is to  grant  the  relief  sought,  the
applicant must present proof of qualifying federal loans and  written  proof
from the loan holder that the loan was not in default on 17 June  2004.   In
addition, he will be required to complete a subsequent term  of  service  or
his Montgomery GI Bill benefits will be  forfeited  without  refund  of  the
$1,200 pay reduction.  The DPPAE evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant submits documentation  pertaining  to  the  status  of  his
current student  loans  along  with  an  additional  statement  from  his
recruiter  to  include  notes  during  the   recruiting   process.    The
applicant’s rebuttal, with attachments, 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 probable error or injustice.  After a thorough  review  of  the
applicant’s submission and the evidence of  record  we  are  persuaded  that
relief  is  warranted.   We  note  the  applicant’s   contention   that   he
accidentally signed in the wrong  place  resulting  in  his  denial  of  the
ECLRP.  In addition, we note his  recruiter’s  assertion  that  it  was  the
applicant’s intention to enroll in the ECLRP upon  his  initial  enlistment.
Since it appears the applicant had everything to gain and  nothing  to  lose
by electing the ECLRP, we believe the applicant was either miscounselled  or
misunderstood his options at the time.  This conclusion is supported by  the
fact that  to  have  knowingly  refused  to  accept  a  program  that  could
contribute toward payment of his college  debts  with  no  strings  attached
would have been an illogical decision on his part.  We,  therefore,  believe
the benefit of any doubt should be resolved in his  favor  by  granting  his
request.  We note the applicant did enroll in the MGIB upon  his  enlistment
and feel it is necessary to point out that the applicant  may  not  use  the
MGIB and ECLRP during the same enlistment.  In order to participate  in  the
MGIB, during or following a subsequent enlistment, a member must elect  into
both programs during their first enlistment.  It is only  upon  reenlistment
that the member gains access to the MGIB monies.  Nevertheless, in  view  of
the above and to offset any possibility of an injustice,  we  recommend  the
applicant’s records be corrected to the extent indicated below.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that, provided he  meets  the  eligibility
criteria for participation in the Enlisted College  Loan  Repayment  Program
(ECLRP), on 17 June 2004, he elected to participate in the program.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 31 January 2006, under the provisions of AFI 36-2603:

            Ms. Charlene M. Bradley, Panel Chair
            Mr. Charlie E. Williams Jr., Member
            Mr. Vance E. Lineberger, Member


All members voted to correct the records,  as  recommended.   The  following
documentary evidence for AFBCMR Docket Number BC-2005-02388 was considered:

     Exhibit A.  DD Form 149, dated 25 Jul 05, with atch.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AFPC/DPPAE, not dated.
     Exhibit D.  Letter, SAF/MRBR, dated 19 Aug 05.
     Exhibit E.  Applicant’s Rebuttal, dated 11 Sep 05, w/atchs.




                                  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 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 XXXXXXXXXXXXXXXXXXXXXXX, be corrected to show that, provided
he meets the eligibility criteria for participation in the Enlisted
College Loan Repayment Program (ECLRP), on 17 June 2004, he elected to
participate in the program.





  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency