RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBERS:  BC-2003-01095
		INDEX CODE 128.14
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

Section E (Remarks) of AF Form 3008, Supplement to Enlistment Contract, dated 6 Aug 02, be changed to show he elected the College Loan Repayment Program (CLRP).

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APPLICANT CONTENDS THAT:

He mistakenly declined CLRP and immediately crossed out his initials with a large “X.” He intended to elect CLRP.

The applicant’s complete submission, with attachment, is at Exhibit A. 

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 6 Aug 02.

Section E of AF Form 3008 states, in part: “I have been briefed on the 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.”

On the copy of the AF Form 3008, dated 6 Aug 02, provided by the applicant at Exhibit A, his initials in Section E have a large “X” over them.  However, his initials are not crossed out on the copy scanned into the Automated Records Management System (ARMS) at HQ AFPC, also dated 6 Aug 02, and provided by the Air Force at Exhibit B.

On 20 Aug 02, the applicant declined benefits under the Montgomery GI Bill (MGIB).

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AIR FORCE EVALUATION:

HQ AFRS/RSO advises that discussion with records section personnel at HQ AFPC indicate the applicant’s military personnel records (MPR) contains a copy of the Form 3008 without the “X.” Consequently, they do not believe it was marked at the time and in the circumstances stated by the applicant. Their position is that the applicant’s properly informed and executed declination of both the CLRP and MGIB should remain. 

A complete copy of the evaluation, with attachment, is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A complete copy of the Air Force evaluation was forwarded to the applicant on 13 Jun 03 for review and comment within 30 days.  As of this date, this office has received no response.

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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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded that his records should reflect he elected the CLRP. The applicant’s contentions are duly noted; however, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the evidence of record and the rationale provided by the Air Force. The copy of the AF Form 3008 in the applicant’s records at HQ AFPC, and provided at Exhibit B, is not marked with the large “X” as indicated on the applicant’s copy. The applicant has not shown he was improperly informed or that his declination of the CLRP was improperly executed. We therefore adopt the Air Force’s rationale as the basis for our decision that the applicant has failed to sustain his burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we conclude this appeal should be denied.  

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered this application in Executive Session on 21 August 2003 under the provisions of AFI 36-2603:

			Panel Chair
			Member
			Member

The following documentary evidence relating to AFBCMR Docket Number BC-2003-01095 was considered:

   Exhibit A.  DD Form 149, dated 25 Mar 03, w/atchs.
   Exhibit B.  Letter, HQ AFRS/RSO, dated 9 Jun 03, w/atch.
   Exhibit C.  Letter, SAF/MRBR, dated 13 Jun 03.

                                   
                                   Panel Chair