RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2012-05245
COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
His AF Form 3008, Supplement to Enlistment Agreement United States Air Force, be corrected to reflect he elected participation in the Enlisted College Loan Program (ECLRP).
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APPLICANT CONTENDS THAT:
He enlisted for six years to claim benefits under the Montgomery GI Bill Act of 1984 (MGIB), as well as, the ECLRP. He was informed by Military Entrance Processing Station (MEPS) personnel to decline participation in the ECLRP and to change his election upon completion of his out processing. He requested the change to be made; however, it was never accomplished.
The applicants complete submission, with attachments, is at Exhibit A.
________________________________________________________________
STATEMENT OF FACTS:
On 15 November 2011, the applicant enlisted in the Regular Air Force. According to his AF Form 3008, he acknowledged non-participation in the ECLRP by initialing a statement which indicated, I have been briefed on the College Loan Repayment Program (CLRP) and either do not meet the program requirements, or elect not to participate. I understand my initial enlistment is the only opportunity to enroll in the CLRP and I permanently waive my CLRP enrollment option.
Pursuant to Title 10 USC § 2171, the ECLRP is offered only at enlistment to first term airmen and must be used within the first term of service. The program is time sensitive and upon entering a second term of enlistment, participation into the program is negated under current Air Force policy. The Air Force repays the lesser amount of one-third of $3,333.33, per year of outstanding qualifying student loans. Payments are made in three annual installments and the maximum amount is $10,000.00 less federal income tax.
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AIR FORCE EVALUATION:
AFPC/DPSIT recommends denial, indicating the applicant did not provide evidence of government error or injustice. The applicant acknowledged the ECLRP in his contract by initialing the non-participation statement and signing the form. There is no evidence to corroborate the applicants claim that it was his desire to participate in the ECLRP.
A complete copy of the AFPC/DPSIT evaluation is at Exhibit C.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant provided an endorsed letter from the Air Force Recruiting Service (AETC) training noncommissioned officer, indicating it was his desire to be eligible for both the Montgomery GI Bill Act of 1984 (MGIB), as well as, the ECLRP.
A complete copy of the applicants response is at Exhibit E.
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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. The applicant contends that he intended to elect ECLRP upon his enlistment and would have done so were it not for the erroneous advice he was given at MEPS. After a thorough review of the evidence of record and the applicants complete submission, we believe that corrective action is warranted. While we note the comments of AFPC/DPSIT indicating the applicant did not provide any direct evidence of a government error during his enlistment processing, we note the applicant has provided a supporting statement from his recruiter in response to said advisory indicating that he should have been able to elect to participate in ECLRP in accordance with his expressed intention to do so. Therefore, we find it reasonable to conclude that it was the applicants intent to timely submit his ECLRP and he would have done so were it not for the conflicting information he received during his enlistment processing. Thus, we recommend his records be corrected as indicated below.
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THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating to the APPLICANT, be corrected to show that, provided he meets the eligibility criteria for participation in the Enlisted College Loan Repayment Program (ECLRP), on 15 November 2011, he elected to participate in the program.
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The following members of the Board considered AFBCMR Docket Number BC-2012-05245 in Executive Session on 20 August 2013, under the provisions of AFI 36-2603:
Panel Chair
Member
Member
All members voted to correct the records as recommended. The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 27 October 2012.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFPC/DPSIT, dated 21 November 2012,
w/atch.
Exhibit D. Letter, SAF/MRBR, dated 3 February 2013.
Exhibit E. Supporting statement, dated 31 January 2013.
Panel Chair
2
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