RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  02-00309
		INDEX NUMBER:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His records be corrected to permit his participation in the College Loan Repayment Program (CLRP) and remain eligible for the Montgomery GI Bill (MGIB) during this enlistment.

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APPLICANT CONTENDS THAT:

Upon his enlistment, his Air Force Recruiter informed him that he would receive both the MGIB and the CLRP, the latter being in the form of $10,000 in student loan repayments, to be paid by the USAF, to his student loan creditors.

The applicant’s statement and documentary evidence submitted in support of his application are included as Exhibit A.
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STATEMENT OF FACTS:

Applicant enlisted into the Regular Air Force on 19 September 2000 with the understanding he could participate in both the CLRP and MGIB during his current enlistment.  He accepted the automatic MGIB enrollment on 17 October 2000.  Subsequently, he was told he could participate in both at the same time, then later that he had to choose between the programs and, finally, that eligibility for both programs could only be established in separate enlistments.  He currently has over $10,000 in college loans.
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AIR FORCE EVALUATION:

HQ USAF/DPDE recommends approval.  That office states that they were not aware when it activated CLRP that Section 3033 of 38 USC, Chapter 30, prohibits the Department of Veterans Affairs from using the same enlistment to qualify an individual for both CLRP and MGIB benefits.  They learned of this several months later and took action to notify Recruiting Service and Basic Military Training personnel that trainees could have one of the two programs.  This problem was eased on 1 November 2000, when the President signed Public Law 106-419 amending 38 USC, Chapter 30.  This change allows an individual to qualify and participate in the CLRP during his or her first enlistment and use a subsequent enlistment to qualify for the MGIB.  They then took action to again correct what is told to recruits and trainees.

An individual desiring the MGIB must, within 14 days of entering active duty, make an irrevocable election to participate and have his or her pay reduced by $1200 during the first year of such service although the service required for eligibility must be established in a subsequent enlistment.  This creates a problem where an individual at Basic Military Training must elect and pay for the MGIB while not knowing if he or she will ever reenlist.

HQ USAF/DPDE further states that the CLRP changes, coupled with the short time in which they had to begin accepting applications, created serious information dissemination and procedures problems.  Many individuals, including the applicant, were told they could enlist for the program but problems resulted in the program eligibility statement not being included on the enlistment contract.  Although the applicant can participate in the CLRP at this time and later establish eligibility for the MGIB, he was misled into thinking he could qualify for both programs during this enlistment.  The applicant is one of approximately 476 individuals who were given the erroneous information.  Of these, 296 have yet to have a CLRP payment made on their behalf.

Since payment of college loans would negate applicant’s eligibility for the MGIB, the only way to provide relief without violating the applicable law is to direct compensation to the applicant (Exhibit C).

HQ USAF/JAG states, among other things, that obviously the Board does not have the authority to give applicant a lump sum payment.  However, given the injustice of the situation, that office has no objection to the Board fashioning an appropriate form of equitable relief (Exhibit D).
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

Copies of the advisory opinions were made available to the applicant for review and comment in accordance with established policy.
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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.  Having carefully reviewed this application, we agree with the recommendation of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has been the victim of either an error or an injustice.  Since we lack the authority to direct an outright payment, we are compelled to come up with a creative correction that will compensate the applicant as though he had remained eligible to participate in the CLRP as promised.  Accordingly, we direct that the applicant’s records be corrected to the extent set forth below.

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THE BOARD DIRECTS THAT:

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

	a.  He was authorized by competent authority and performed 36 days of temporary duty (TDY) during the period 26 July 2002 through 31 August 2002 at Port Hope, Alaska.

	b.  He did not enroll into the College Loan Repayment Program (CLRP).

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The following members of the Board considered this application in Executive Session on 13 September 2002 under the provisions of AFI 36-2603:

All members voted to correct the records, as recommended.  The following documentary evidence was considered:

     Exhibit A.  DD Form 149, dated 22 Jan 02, w/atchs.
     Exhibit B.  Applicant's Master Personnel Records.
     Exhibit C.  Letter, AF/DPDE, dated 4 Jun 02.
     Exhibit D.  Letter, AF/JAG, dated 20 Aug 02.
     Exhibit E.  Letter, SAF/MRBR, dated 21 Jun 02.

                                   

AFBCMR 02-00309

MEMORANDUM FOR THE CHIEF OF STAFF

	Under the authority of Section 1552, Title 10, United States Code, and Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that:

	The pertinent military records of the Department of the Air Force relating to [applicant], be corrected to show that: 

		a.  He was authorized by competent authority and performed 36 days of temporary duty (TDY) during the period 26 July 2002 through 31 August 2002 at Port Hope, Alaska.

		b.  He did not enroll into the College Loan Repayment Program (CLRP).