RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2009-00539
COUNSEL: NONE
HEARING DESIRED: NOT INDICATED
_________________________________________________________________
APPLICANT REQUESTS THAT:
The Air Force honor his service agreement and repay his non-government student loan.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Based on information he received from his recruiter he enrolled in the Enlisted College Loan Repayment Program (ECLRP). He was unaware non-government loans were not payable.
In support of his request, applicant provides a copy of his AF Form 3008, Supplement to Enlistment Agreement-United States Air Force and a copy of a letter from his recruiter.
His complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 8 January 2008, the applicant enrolled in the ECLRP and enlisted in the Regular Air Force for a period of four years.
The ECLRP is a recruiting incentive offered at enlistment and enrollment is documented on AF Form 3008. The Air Force repays the lesser amount of one third or $3333.33 per year of outstanding qualifying student loans. Payments are made in three annual installments and the maximum repayment amount is $10,000 less federal income tax.
_________________________________________________________________
AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial. DPSIT states per AF Form 3008, only loans that are insured or guaranteed under part B or E of the Higher Education Act qualify for repayment. The applicants loan issued by Citibank is a private consumer loan that does not qualify for repayment. The applicant submitted a letter signed by his recruiter stating the Albany Military Entrance Processing Station (MEPS) Liaison Non-Commissioned Officer (LNCO) classified the loan as eligible. However, the applicant did not submit a letter signed by the Albany MEPS LNCO to support his claim. His recruiter stated to the best of his knowledge the loan qualified. DPSIT does not concur with the recruiter or the alleged classification of the loan by the MEPS LNCO. The applicant's lender indicated on DD Form 2475, DoD Educational Loan Repayment Program (ELRP) Annual Application, that the loan is a private loan. ECLRP does not pay on private loans.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the advisory opinion and reiterated and elaborated on his original contentions. He states he contacted the LNCO; however the LNCO refused to assist.
The applicants review, in its entirety, is at Exhibit D.
_________________________________________________________________
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 warranting correction. In this respect, the applicant made it clear to his recruiter that it was his desire to participate in the ECLRP program. Further evidence provided indicates that he took the appropriate steps and obtained the necessary documents from his lender as required. We note his recruiters assertion that the ECLRP payment was included in the applicants contract and to the best of his knowledge the loan qualified. It appears the applicant was miscounseled by his recruiter to believe that his loan qualified for the ECLRP and he subsequently signed up for the program based on the erroneous information. Accordingly, it is our opinion that favorable consideration of his request is warranted and 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 8 January 2008, his loan qualified for the Education Loan Repayment Program in accordance with Title 10, United States Code, chapter 109, section 2171, as amended by section 537 of the National Defense Authorization Act for fiscal Year 2006, Public Law 109-163.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-2009-00539 in Executive Session on 20 May 2009, under the provisions of AFI 36-2603:
, Panel Chair
, Member
, Member
The Board voted to correct the record, as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 26 January 2009, w/atchs.
Exhibit B. Letter, HQ AFPC/DPSIT, dated 23 March 2009.
Exhibit C. Letter, SAF/MRBR, dated 3 April 2009.
Exhibit D. Letter, Applicant, dated 30 April 2009.
Panel Chair
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