RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2003-01166
		INDEX CODE:  100.00 

		COUNSEL:  NONE

		HEARING DESIRED:  NO

________________________________________________________________

APPLICANT REQUESTS THAT:

He be enrolled in the Enlisted College Loan Repayment Program (ECLRP).

_________________________________________________________________

APPLICANT CONTENDS THAT:

He was briefed on the College Loan Repayment Program and he did not want to decline the CLRP.  He was given an election and Montgomery GI Bill (MGIB) letter that shows a declination of the MGIB and acceptance of the CLRP.

In support of his appeal, the applicant provided AF Form 3008, Supplement to Enlistment Agreement - United States Air Force, dated 27 August 2002, Election Letter and MGIB, dated 27 August 2002, and an Applicant’s Contract Information Form.

Applicant’s complete submission, with attachments, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 27 August 2002 in the grade of airman first class for a period of six years.

On 27 August 2002, the applicant completed a Memorandum for Education Services (Subject: Election Letter and MGIB).

On 27 August 2002, the applicant signed an AF Form 3008 (Supplement to Enlistment Agreement - United States Air Force) and indicated in Section E that he declined the ECLRP.

On 9 September 2002, the applicant declined MGIB.

_________________________________________________________________

AIR FORCE EVALUATION:

AFRS/RSO indicated that the applicant signed his enlistment contract declining the CLRP but appears to have changed his mind at Basic Military Training (BMT).   Recruiting documents shows declination of CLRP but the BMT document reflects declination of MGIB.  They are unsure of where the election letter and MGIB were completed.  Their position is that the applicant declined CLRP.

The evaluation is at Exhibit C.

AFPC/DPPAT indicates that enrollment in the ECLRP is accomplished by including an appropriate statement on the AF Form 3008, Supplement to Enlistment Agreement.  The AF Form 3008 is part of the enlistment contract.  The MGIB is indirectly connected to the ECLRP as 38 USC Section 3033 prohibits individuals from establishing eligibility for both programs during the same period of service.  The Memorandum for Education Services was used to provide relief on behalf of certain individuals who were miscounseled between May 2000 and March 2001 regarding the relationship between the two programs.  The memorandum was removed from circulation in mid-May 2001.  The applicant states his recruiter provided the election letter.  Their office contacted the recruiter who stated he cannot recall providing the applicant this election memo and they confirmed the recruiter has the most current ECLRP information and guidance.

The applicant elected not to participate in the ECLRP and acknowledged being counseled on this program by initialing his AF Form 3008 at the time of enlistment.  The applicant permanently waived any claim to ECLRP.

The evaluation is at Exhibit D.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

On 19 June 2003, copies of the Air Force evaluations were forwarded to the applicant for review and response within 30 days.  As of this date, no response has been received by this office.

_________________________________________________________________

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 has been presented to demonstrate the existence of an error or an injustice.  The applicant asserts that he was briefed on the ECLRP and did not want to decline to enroll in the program.  However, a review of the supplement to his enlistment contract, AF Form 3008, which he apparently voluntarily signed and initialed on 27 August 2002, indicates that he was briefed on the program, understood that his first enlistment was his only opportunity to enroll in the program, and waived his CLRP enrollment option.  The Memorandum for Education Services, dated 27 August 2002, (Subject: Election Letter and MGIB), wherein the applicant purportedly declined MGIB and accepted the CLRP is duly noted.  However, it is noted that this Memorandum was apparently used solely to provide relief for certain individuals between the period May 2000 and March 2001 who were miscounseled regarding the program and was removed from circulation in mid-May 2001.  Therefore, we cannot determine how the applicant would have had access to this letter.  Regardless, the Board is of the opinion that the applicant has not provided persuasive evidence that he was not fully aware of the terms and effects of his election to decline the CLRP which he made on his initial enlistment contract.  It was his responsibility to ensure he understood this program before making his decision.  In view of the foregoing and in the absence of compelling evidence to the contrary, we find no basis upon which to recommend granting the requested relief.

_________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of an 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.

_________________________________________________________________

The following members of the Board considered AFBCMR Docket Number BC-2003-01166 in Executive Session on 14 August 2003, under the provisions of AFI 36-2603:

	            Panel Chair
	            Member
	            Member

The following documentary evidence pertaining to AFBCMR Docket Number BC-2003-01166 was considered:

   Exhibit A.  DD Form 149, dated 27 March 2003, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, AFRS/RSO, dated 29 April 2003.
   Exhibit D.  Letter, AFPC/DPPAT, dated 13 June 2003.
   Exhibit E.  Letter, SAF/MRBR, dated 19 June 2003.

					   
					   Panel Chair