RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2005-02775
INDEX CODE: 128.14
XXXXXXX COUNSEL: NONE
XXXXXXX HEARING DESIRED: NO
MANDATORY CASE COMPLETION DATE: 11 MAR 2007
___________________________________________________________________
APPLICANT REQUESTS THAT:
He be enrolled in the College Loan Repayment Program (CLRP).
___________________________________________________________________
APPLICANT CONTENDS THAT:
He was given false guidance from his Military Entrance Processing
Station (MEPS).
Applicant’s complete submission is at Exhibit A.
___________________________________________________________________
STATEMENT OF FACTS:
Applicant enlisted in the Regular Air Force on 12 Aug 03 in the
grade of airman for a period of four years.
Applicant completed AF Form 3008, Supplement to Enlistment
Agreement – United States Air Force, on 12 Aug 03, acknowledging
that he had been briefed on the CLRP and that he permanently waived
his CLRP enrollment option.
___________________________________________________________________
AIR FORCE EVALUATION:
HQ AFPC/DPPAE reviewed this application and recommended denial.
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 less federal income tax. The law authorizes the CLRP to
repay six types of federally-insured college loans. Payments are
processed on the first, second, and third-year anniversaries of
enlistment.
The CLRP is a specific promise of performance and is required to be
annexed in an enlistment agreement. Enlistees acknowledge that any
oral or written promises not annexed into the enlistment agreement
will not be honored by the Air Force as evidenced by the
AF Form 3008, Section II.
Applicant’s AF Form 3008 clearly states that he had been briefed
and furthermore did not meet or chose not to participate in the
CLRP. Lastly, it states that he permanently waived his CLRP
option.
He has not provided any evidence to support his claim. However, in-
depth information is provided after entry on active duty that
correctly addresses this program and eligibility.
A complete copy of the evaluation is at Exhibit C.
___________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant reiterated his original contentions that he was misled at
the MEPS station. He further adds he declined the Montgomery G.I.
Bill (MGIB) and told his liaison at the MEPS station that he did
not want to initial the block declining the CLRP, but was advised
to do so because he would be able to sign for it during basic
training.
His recruiter was well aware that he wanted to participate in the
CLRP, and not the MGIB. He was the first recruit for this
recruiter (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 error or injustice warranting a correction to the
record. Applicant’s contention that he was given false guidance
from his MEPS has not been substantiated. Nonetheless, since he
did not enroll in the MGIB and appears to have had everything to
gain with nothing to lose, we believe that he 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 that the benefit of
any doubt should be resolved in his favor by granting his request.
In arriving at our decision, we are aware that should it be
determined that his college debts do not meet the qualifying
criteria under the CLRP, our recommendation is without effect.
Hence, we recommend that the applicant’s 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, provided he meets
the eligibility criteria for participation in the College Loan
Repayment Program CLRP, on 12 August 2003, he elected to
participate in the program.
___________________________________________________________________
The following members of the Board considered AFBCMR Docket Number
BC-2005-02775 in Executive Session on 29 November 2005, under the
provisions of AFI 36-2603:
Mr. Michael J. Novel, Panel Chair
Mr. Grover L. Dunn, Member
Ms. Jan Mulligan, Member
All members voted to correct the records, as recommended. The
following documentary evidence was considered:
Exhibit A. DD Form 149, dated 31 Aug 05, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, HQ AFPC/DPPAE, dated 13 Oct 05, w/atchs.
Exhibit D. Letter, SAF/MRBR, dated 21 Oct 05.
Exhibit E. Letter, Applicant, undated.
MICHAEL J. NOVEL
Panel Chair
AFBCMR BC-2005-02775
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 XXXXXXX, XXXXXXX, be corrected to show that,
provided he meets the eligibility criteria for participation in the
College Loan Repayment Program (CLRP), on 12 August 2003, he
elected to participate in the program.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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