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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