RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:      DOCKET NUMBER:  BC-2009-03130
            INDEX CODE:  112.00
            COUNSEL:  NONE

            HEARING DESIRED:  NO

_________________________________________________________________

APPLICANT REQUESTS THAT:

He be allowed to enroll in  the  Enlisted  College  Loan  Repayment  Program
(ECLRP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He inquired about ECLRP at every step of his  enlistment,  but  no  one  was
familiar with the program.  In Mar 02, he contacted the  office  of  primary
responsibility (OPR) regarding the ECLRP.  He was informed that  if  he  did
not have  ECLRP  on  his  initial  enlistment  contract,  he  would  not  be
eligible.

In Mar 05, he discovered the ECLRP had been amended to allow enrollment  for
individuals who did not request enrollment during their initial  enlistment.
 He quickly completed and submitted the documents.  He  was  later  informed
that he was not eligible because he had reenlisted and the program was  only
for first-term airman.  He had previously reenlisted to be eligible for  his
next assignment.  His information was reviewed and denied by  the  OPR.   He
requested his application be forwarded to Air Staff for review and  possible
overturn of the OPR decision, but his request was also denied by Air  Staff.
 In Jan 09, he submitted a congressional inquiry and was  informed  that  he
was not eligible due to the timeline.

He showed due diligence in applying for enrollment in the  ECLRP.   The  Air
Force had all  of  the  documentation  regarding  his  college  transcripts,
degrees, loans, etc., and it would have been fairly  easy  for  the  OPR  to
contact him.  He would have jumped through hoops to ensure  his  information
was received knowing one-half of  his  college  loans  would  be  paid  off;
however, he did not know.  He was told he was not eligible for  the  program
and had no reason to believe  that  would  change.   Later  when  he  became
eligible under the new program, he was not aware he was  eligible.   Had  he
known, he would have extended his contract instead of reenlisting.

In support of his request, the applicant submits copies  of  his  enlistment
contracts, email messages and ECLRP memorandums.

The applicant's complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

According to information  provided  by  the  Air  Force  office  of  primary
responsibility, the applicant was not eligible for ECLRP  when  he  enlisted
on 21 Mar 01.  An ECLRP record was created  for  him  on  18  Mar  02.   His
record was inactivated when his contact information sheet was not  received.
 A limited open window was allowed in 2003 to allow nonparticipating  Airmen
to participate in  the  ECLRP.   The  opportunity  was  advertised  and  the
applicant could have participated if he had provided the  necessary  contact
information.

On 22 Mar 05, the applicant was again asked to provide  documents  necessary
to begin the repayment process.  During the process, it  was  discovered  he
had reenlisted in Oct 04.  The policy staff was contacted to inquire  if  he
could be allowed to participate; however, the request was denied in  May  05
as he was outside the open window dates and no longer eligible for ECLRP.

The applicant made contact in Dec 07, Jan 08, and Feb 09, respectively,  and
a response to his Freedom of Information Act (FOIA) request was provided.

The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the  letter  prepared  by
the appropriate office of the Air Force at Exhibit C.

_________________________________________________________________

AIR FORCE EVALUATION:

HQ AFPC/DPSIT recommends denial.  DPSIT states the Air Force  ECLRP  program
is offered by recruiters as an incentive to individuals  enlisting  for  the
first time and enlistment contracts of qualified Airmen include a  statement
of enrollment.  Airmen reenlisting or that do not  have  ECLRP  included  in
the enlistment contract are  ineligible  for  the  program.   Early  in  the
program, some airmen  were  not  told  of  the  program  when  accessed  and
therefore  lost  the  opportunity  to  participate.   An  open  window   was
established so Airmen entering active duty between 5 May 00 and  31  May  02
could have an opportunity to  enroll  in  the  program.   Air  Force  policy
required Airman wanting to take advantage of the ECLRP open window  to  seek
repayment within three  years  (the  payment  window  for  participants)  of
entering active duty and be a  first-term  enlistee.   The  three-year  rule
reflected  in  the  program  policy  of  making  payments  in  three  annual
installments is irrelevant to this question.

DPSIT notes funds are no longer available for the years the applicant  would
have participated in ECLRP.

The complete 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  Mar
10, for review and comment within 30 days.  As of  this  date,  this  office
has received no response (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.  Sufficient relevant evidence  has  been  presented  to  demonstrate  the
existence of an error or  injustice.   Although  the  Air  Force  office  of
primary responsibility states the application is not timely filed,  we  note
the application is timely.  The applicant was part of a group that  was  not
properly advised on participation in ECLRP.   It  appears  he  made  several
attempts to enroll in the ECLRP via offices which  were  not  familiar  with
the program.  Additionally, we note that by the time he  made  contact  with
the right office, he was not eligible to enter the program  because  he  had
reenlisted.  In this respect, we believe the applicant showed due  diligence
in trying to enroll in ECLRP.  Accordingly, it is our opinion  that  he  has
established reasonable doubt in this matter and we believe  the  benefit  of
any doubt should be resolved in his  favor.   Therefore,  we  recommend  his
records be corrected as indicated below.

_______________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that:

The pertinent military records of the Department of the Air  Force  relating
to APPLICANT be corrected to show that on  18  March  2002,  he  elected  to
enroll in the Enlisted College Loan Repayment Program (ECLRP).

_______________________________________________________________

The following members of the Board considered this application in  Executive
Session on 2 Aug 10, under the provisions of AFI 36-2603:

      Panel Chair
      Member
      Member

The Board voted  to  correct  the  record  as  recommended.   The  following
documentary evidence was considered in AFBCMR BC-2009-03130:

    Exhibit A.  DD Form 149, dated 26 Aug 09, w/atchs.
    Exhibit B.  Letter, HQ AFPC/DPSIT, dated 22 Feb 10.
    Exhibit C.  Letter, SAF/MRBR, dated 24 Mar 10.




                                   Panel Chair

      AFBCMR BC-2009-03130




      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 APPLICANT be corrected to show that on 18 March 2002,
      he elected to enroll in the Enlisted College Loan Repayment Program
      (ECLRP).








            JOE G. LINEBERGER
            Director
            Air Force Review Boards Agency





















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