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 applicants 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 members 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
applicants 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 members 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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