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AF | BCMR | CY2010 | BC-2009-01110
Original file (BC-2009-01110.txt) Auto-classification: Denied
 RECORD OF PROCEEDINGS 

 AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2009-01110 

 COUNSEL: NONE 

 HEARING DESIRED: NO 

 

________________________________________________________________ 

 

THE APPLICANT REQUESTS THAT: 

 

He be entitled to benefits under the Enlisted College Loan 
Repayment Program (ECLRP). 

 

________________________________________________________________ 

 

THE APPLICANT CONTENDS THAT: 

 

Upon enlistment, he waived his Montgomery GI Bill (MGIB) 
entitlement in order to receive benefits under the ECLRP. He 
had loans under the maximum $10,000.00 limit; was told by his 
recruiter the necessary paperwork would be handled at basic 
training. He was told by his Military Training Instructors 
(MTIs) everything would be taken care of at his technical 
school; the technical school instructor informed him it would be 
taken care of at his first duty station. He does not believe 
anyone knew anything about the program and kept pushing the 
responsibility down the line. 

 

After arriving at his base, the orderly room, Military Personnel 
Flight (MPF), and Education office personnel informed him that 
since he was already enrolled in the program the loans had been 
paid. However, when he separated in 2006, he was shocked to 
discover the loans had not been paid and already gone into 
default. Over the last three years, he has been trying to keep 
his loans current and out of default status. 

 

The applicant’s complete submission is at Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

On 22 Jan 02, the applicant enlisted in the Regular Air Force 
for a period of six years in the grade of airman (Amn/E-2). 

 

On that same date, he completed the AF Form 3008, Supplement to 
Enlistment Agreement – United States Air Force, acknowledging 
his understanding of the ECLRP program and elected to 
participate in the program. On 5 Feb 02, he signed the DD Form 
2366, Montgomery GI Bill Act of 1984, waiving his entitlement to 
the MGIB. 

 


On 9 Dec 04, the applicant was honorably discharged under the 
provisions of AFI 36-3208, issued a Narrative Reason for 
Separation of Intradepartmental Transfer, with an Reentry (RE) 
code of 3A. He was credited with two years, 10 months, and 
18 days of active duty service. 

 

________________________________________________________________ 

 

THE AIR FORCE EVALUATION: 

 

AFPC/DPSIT recommends denial, stating, in part, the applicant 
did not offer evidence of government error. 

 

Pursuant to Title 10 USC Section 2171, the ECLRP is offered only 
at enlistment. 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. 

 

Additionally, one key aspect of the ECLRP is the Air Force does 
not assume a member’s student loan(s). The member is bound by 
the original repayment terms of their loan agreement. Annual 
payment(s) the government is programmed to make to a lender 
cannot be relied upon to keep the loan in good standing. The 
Air Force cannot make payments on any defaulted loans. The 
ECLRP is an active duty program; however, the applicant 
separated prior to submitting his enrollment information to 
DPSIT. 

 

The complete AFPC/DPSIT evaluation is at Exhibit C. 

 

________________________________________________________________ 

 

APPLICANT'S REVIEW OF THE AIR FORCE EVALUATION: 

 

A copy of the Air Force evaluation was forwarded to the 
applicant on 22 May 09 for review and comment within 30 days. 
As of this date, no response has been received by this office 
(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. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. We took notice 
of the applicant's complete submission, including the 
applicant’s statement that after several inquiries into the 
ECLRP program, he was led to believe that his loans were paid; 


however, based on the documentation provided, he has not 
provided sufficient evidence to substantiate his claim. 
Therefore, we agree with the opinion and recommendation of the 
Air Force office of primary responsibility (OPR) and adopt its 
rationale as the basis for our conclusion the applicant has not 
been the victim of an error or injustice. The Air Force OPR 
notes, the Air Force does not assume a member’s loan, make 
payments on defaulted loans, and in addition, annual payments 
from the government cannot be relied upon to keep loans in good 
standing. In view of the above and in the absence of evidence 
to the contrary, we find no basis to recommend granting the 
relief sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and 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 AFBCMR Docket 
Number BC-2009-01110 in Executive Session on 15 April 2010, 
under the provisions of AFI 36-2603: 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 25 Mar 09, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSIT, dated 7 May 09. 

 Exhibit D. Letter, SAF/MRBR, dated 22 May 09. 

 

 

 

 

 Panel Chair 



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