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AF | BCMR | CY2009 | BC-2009-00676
Original file (BC-2009-00676.doc) Auto-classification: Denied


                       RECORD OF PROCEEDINGS

         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:      DOCKET NUMBER: BC-2009-00676
                 INDEX CODE:       128.11
                 COUNSEL:  NONE

                 HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

His records be corrected  to  reflect  he  enrolled  in  the  Enlisted
College Loan Repayment Program (ECLRP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was miscounseled regarding the ECLRP and  the  Montgomery  GI  Bill
(MGIB).  He and many others were not told they  could  enroll  in  the
ECLRP during their first enlistment and then select the  MGIB  on  the
second enlistment.

The complete applicant's complete submission is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 28 Jun 05,  in  the
grade of airman first class.  He currently serves in that grade and is
stationed at Hurlburt Field, FL.

On 28 Jun 05, he acknowledged the ECLRP in his contract by  initialing
the nonparticipating statement and signing the form.

On 16 Mar 09, AFPC/DPSIT requested the  applicant  provide  additional
documentation to support his appeal.  As  of  this  date  he  has  not
responded to that request (Exhibit B).

The  ECLRP  is  a  recruiting  incentive  offered  at  enlistment  and
enrollment is documentated on AF Form 3008, Supplement  to  Enlistment
Agreement – United States Air Force.  The Air Force repays the  lesser
amount of one-third or $3,333.33 per year  of  outstanding  qualifying
student loans.  Payments are made in three annual installments and the
maximum repayment amount is $10,000.00, less federal income tax.

_________________________________________________________________

AIR FORCE EVALUATION:


AFPC/DPSIT recommends denial.  DPSIT  states  the  applicant  declined
enrollment in the ECLRP.  He offered no evidence of  government  error
to substantiate his request.  He acknowledged his  understanding  that
he would not have another opportunity  to  enroll  in  the  ECLRP  and
permanently waived his ECLRP enrollment option.


The AFPC/DPSIT evaluation is at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the  applicant  on
24 Jul 09 for review and comment within 30 days.  As of this date,  no
response has been received by this office.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.  Insufficient relevant evidence has been presented  to  demonstrate
the  existence  of  error  or  injustice.   We  took  notice  of   the
applicant's complete submission in judging the  merits  of  the  case;
however, we agree with the opinion and recommendation of the Air Force
office of primary responsibility and adopt its rationale as the  basis
for our conclusion the applicant has not been the victim of  an  error
or injustice.  Therefore, in the absence of evidence to the  contrary,
we find no compelling basis to recommend granting the relief sought in
this application.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2009-
00676 in Executive Session on 7 Oct 09 under the provisions of AFI 36-
2603:

      Mr. -----------------
      Mr. -----------------
      Mr. -----------------

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 19 Feb 09, w/atch.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPSIT, dated 7 Jul 09.
   Exhibit D.  Letter, SAF/MRBR, dated 24 Jul 09.




                                   ----------------
                                   Panel Chair

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