RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF:	DOCKET NUMBER: BC-2008-00962 INDEX CODE:	100.00

COUNSEL:	NONE HEARING DESIRED:	NO

APPLICANT REQUESTS THAT:
She be entitled to use her Montgomery GI Bill (MGIB) benefits.

APPLICANT CONTENDS THAT:
When she applied for the MGIB she was not told that she could enroll in both the Enlisted College Loan Repayment Program (ECLRP) and the MGIB.

She was given misinformation on enrolling in the ECLRP and the MGIB. When she was granted eligibility for the ECLRP, she was under the impression she was still eligible to use the MGIB when she got out of the military. She is getting out of the military in 15 months and was planning to use the MGIB for medical school. She has already paid for the MGIB. Had she known the ECLRP was only going to pay for one of her loans, and that she was not going to get to use her MGIB, she would not have asked for it.

She is willing to reimburse payments made through the ECLRP so she can claim MGIB benefits.

In support of her request, the applicant provided a personal statement, a copy of her 2006 DD Form 149, Application for Correction of Military Records, and a copy of AF Form 3008, Supplement to Enlistment Agreement – United States Air Force.

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

STATEMENT OF FACTS:
The applicant enlisted in the Regular Air Force on 7 Jun 05.  On
14 Jun 05, she accepted the automatic MGIB enrollment.
On 25 Jan 06, she applied to the Air Force Board for Correction of Military Records asking that her contract be amended to reflect enrollment in the ECLRP. Her contract was subsequently amended on 9 Mar 06 to include an ECLRP enrollment statement.

The applicant initialed the statement which included a paragraph that explained enrollment in the MGIB is automatic and individuals may be enrolled in both the MGIB and ECLRP at the same time, but a  second enlistment would be necessary to establish eligibility for the MGIB. Two payments were made toward her loans and the final payment is scheduled for Jun 08. The applicant is now asking for a reversal of that action so she can use the current enlistment to establish eligibility for the MGIB.

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AIR FORCE EVALUATION:
AFPC/DPPAT recommends the requested relief be denied. DPPAT states the applicant offers no evidence of government error. The applicant knowingly initialed and signed the AF Form 3008 statement that added the ECLRP to her contract. The ECLRP statement clearly states “I also understand I must qualify for and enter a second term of active duty…to complete MGIB eligibility or I will forfeit my MGIB contribution and eligibility.” This information is also provided during the MGIB briefing and is included in the Basic Military Training student guide. Also, 10 U.S.C. 2171 does not “authorize refunding any repayment of a loan.”

The ECLRP is an enlistment incentive wherein the Air Force will assist individuals by paying a portion of their outstanding federal student loans. ECLRP pays the lesser amount of one- third or $3,333.33 per year for three years. The maximum repayment amount is $10,000 less federal income tax. The ECLRP incentive election is confirmed by a statement included on an AF Form 3008, Supplement to Enlistment Agreement-United States Air Force.

The MGIB provides benefits for a variety of education and training programs. All eligible individuals are automatically enrolled in the MGIB upon entering active duty and are given a one-time opportunity to disenroll should they desire not to participate in the program. The election to disenroll is offered within two weeks of entering active duty and after a thorough briefing detailing program benefits. The briefing includes ECLRP information, including the relationship between the two programs.

38 U.S.C., Section 3033, states the period of service used to repay ECLRP benefits cannot be used to establish entitlement for the MGIB. Individuals wanting to take advantage of both programs can have loans repaid during the first enlistment and establish MGIB eligibility during a second enlistment.

The complete DPPAT evaluation is at Exhibit C.

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
Applicant responded stating she thought all post 9/11 members got the MGIB and that she is a post 9/11 enlistee, she came in on   7 Jun 05.

Applicant’s complete response is at 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.	Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. Regarding Post 9/11 MGIB benefits we note that program does not  become effective until 1 August 2009 and that the eligibility requirements of that program are available from the Department of Veteran’s Affairs. Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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.

The following members of the Board considered Docket Number BC-2008-00962 in Executive Session on 19 Aug 08, under the provisions of AFI 36-2603:

Panel Chair 
Member
Member

The following documentary evidence pertaining to Docket Number BC-2008-00962 was considered:

Exhibit A.	DD Form 149, dated 5 Mar 08, w/atchs. Exhibit B.	Letter, AFPC/DPPAT, dated 7 May 08.
Exhibit C.	Letter, SAF/MRBR, dated 18 Jul 08. Exhibit D.	Letter, Applicant, undated.	.