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AF | BCMR | CY2006 | BC-2005-02775
Original file (BC-2005-02775.doc) Auto-classification: Approved


                       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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