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AF | BCMR | CY2009 | BC-2008-02174
Original file (BC-2008-02174.DOC) Auto-classification: Approved


                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER:  BC-2008-02174
            INDEX CODE:  128.14

            COUNSEL:  NONE

            HEARING DESIRED:  NO


_________________________________________________________________

APPLICANT REQUESTS THAT:

His private college loans be paid  under  the  Enlisted  College  Loan
Repayment Program (ECLRP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was advised by his recruiter prior to joining the  Air  Force,  and
again during his basic training, that his  paperwork  was  proper  and
that he would receive his first payment at the one-year  mark  in  the
Air Force.

In  support  of  his  appeal,  the  applicant  provides  documentation
pertaining to his enlistment agreement, private college loans,  and  a
statement from his recruiter.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 Mar 07 for a  period
of four years  in  the  grade  of  airman  first  class.   Information
extracted from the Personnel Data System (PDS) indicates the applicant
is currently serving on active duty in the above grade.

The remaining  relevant  facts  pertaining  to  this  application  are
contained in the letter prepared by the appropriate office of the  Air
Force, which is attached at Exhibit B.

_________________________________________________________________

AIR FORCE EVALUATION:

AFPC/DPSITE recommends approval  as  an  exception  to  policy.   They
indicate the applicant  enlisted  with  the  ECLRP  as  an  enlistment
incentive.  He supports his case with  a  letter  from  his  recruiter
attesting that the ECLRP had been offered to the applicant,  and  that
he was unaware the applicant’s loans were not federally insured.

According to AFPC/DPSITE, effective  5  May  00,  recruiters  had  the
option of offering the ECLRP as a recruiting incentive.  The Air Force
assists select individuals by repaying a portion of their  outstanding
qualifying federal student loans.  ECLRP pays the lesser amount of one-
third or $3,333.33 per year for three years.   The  maximum  repayment
amount is $10,000  less  federal  income  tax.   The  ECLRP  incentive
election is confirmed by a statement included  on  an  AF  Form  3008,
Supplement to  Enlistment  Agreement-United  States  Air  Force.   The
governing statute allows for payment of all federally insured loans to
include any loan for educational purposes made by a lender that is  an
agency or instrumentality of a state.  The Air Force has  not  elected
the option to pay loans that are not federally insured.

A complete copy of the AFPC/DPSITE evaluation is at Exhibit B.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to  applicant  on  10
Oct 08 for review and response within 30 days.  As of  this  date,  no
response has been received by this office (Exhibit C).

_________________________________________________________________


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.  After  a  thorough  review  of  this
appeal, we  are  sufficiently  persuaded  that  corrective  action  is
warranted.  In this respect, we note  the  applicant’s  recruiter  has
provided a statement indicating that the  ECLRP  was  offered  to  the
applicant as an enlistment incentive;  however,  he  was  unaware  the
applicant’s private loans were not federally insured.  In view of  the
foregoing, we agree  with  the  AFPC/DPSITE  recommendation  that  the
applicant be afforded relief for his private college loans.  Since the
governing statute only allows for payment of federally insured  loans,
we recommend the applicant’s records be corrected as set forth below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the  Department  of  the  Air  Force
relating to APPLICANT, be corrected to show that he was in a temporary
duty  status  for  a  sufficient  number  of  days  to  accumulate  an
entitlement of $6,000.00.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number bc-
2008-02174 in Executive Session on 4 Dec 08, under the  provisions  of
AFI 36-2603:

      Mr. Thomas S. Markiewicz, Chair
      Ms. Michele M. Rachie, Member
      Mr. Mark J. Novitski, Member

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

     Exhibit A.  DD Form 149, dated 6 Jun 08, w/atchs.
     Exhibit B.  Letter, AFPC/DPSITE, dated 2 Oct 08.
     Exhibit C.  Letter, SAF/MRBR, dated 10 Oct 08.




                                   THOMAS S. MARKIEWICZ
                                   Chair









AFBCMR BC-2008-02174




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 , be corrected to show that he was in a temporary
duty status for a sufficient number of days to accumulate an
entitlement of $6,000.00.







    JOE G. LINEBERGER

    Director

    Air Force Review Boards Agency



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