RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2008-02174
		INDEX CODE:  128.14

		COUNSEL:  NONE

		HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

His private college loans be paid under the Enlisted College Loan Repayment Program (ECLRP).

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APPLICANT CONTENDS THAT:

He was advised by his recruiter prior to joining the Air Force, and again during his basic training, that his paperwork was proper and that he would receive his first payment at the one‑year mark in the Air Force.

In support of his appeal, the applicant provides documentation pertaining to his enlistment agreement, private college loans, and a statement from his recruiter.

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

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STATEMENT OF FACTS:

Applicant enlisted in the Regular Air Force on 27 Mar 07 for a period of four years in the grade of airman first class.  Information extracted from the Personnel Data System (PDS) indicates the applicant is currently serving on active duty in the above grade.

The remaining relevant facts pertaining to this application are contained in the letter prepared by the appropriate office of the Air Force, which is attached at Exhibit B.  

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AIR FORCE EVALUATION:

AFPC/DPSITE recommends approval as an exception to policy.  They indicate the applicant enlisted with the ECLRP as an enlistment incentive.  He supports his case with a letter from his recruiter attesting that the ECLRP had been offered to the applicant, and that he was unaware the applicant’s loans were not federally insured.

According to AFPC/DPSITE, effective 5 May 00, recruiters had the option of offering the ECLRP as a recruiting incentive.  The Air Force assists select individuals by repaying a portion of their outstanding qualifying 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 governing statute allows for payment of all federally insured loans to include any loan for educational purposes made by a lender that is an agency or instrumentality of a state.  The Air Force has not elected the option to pay loans that are not federally insured.  

A complete copy of the AFPC/DPSITE evaluation is at Exhibit B.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to applicant on 10 Oct 08 for review and response within 30 days.  As of this date, no response has been received by this office (Exhibit C).

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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 error or injustice.  After a thorough review of this appeal, we are sufficiently persuaded that corrective action is warranted.  In this respect, we note the applicant’s recruiter has provided a statement indicating that the ECLRP was offered to the applicant as an enlistment incentive; however, he was unaware the applicant’s private loans were not federally insured.  In view of the foregoing, we agree with the AFPC/DPSITE recommendation that the applicant be afforded relief for his private college loans.  Since the governing statute only allows for payment of federally insured loans, we recommend the applicant’s records be corrected as set forth below.

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THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that he was in a temporary duty status for a sufficient number of days to accumulate an entitlement of $6,000.00.

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The following members of the Board considered AFBCMR Docket Number bc-2008-02174 in Executive Session on 4 Dec 08, under the provisions of AFI 36-2603:

Chair
Member
Member

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

     Exhibit A.  DD Form 149, dated 6 Jun 08, w/atchs.
     Exhibit B.  Letter, AFPC/DPSITE, dated 2 Oct 08.
     Exhibit C.  Letter, SAF/MRBR, dated 10 Oct 08.

                                   
                                   Chair

AFBCMR BC-2008-02174

MEMORANDUM FOR THE CHIEF OF STAFF

	Having received and considered the recommendation of the Air Force Board for Correction of Military Records and under the authority of Section 1552, Title 10, United States Code (70A Stat 116), it is directed that:

	The pertinent military records of the Department of the Air Force relating to APPLICANT , be corrected to show that he was in a temporary duty status for a sufficient number of days to accumulate an entitlement of $6,000.00.

                                                                           
                                                                           Director
                                                                           Air Force Review Boards Agency