RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02144
		INDEX CODE 128.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  Yes

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APPLICANT REQUESTS THAT:

He be enrolled in the Montgomery GI Bill (MGIB) and made eligible to receive the Enlisted College Loan Repayment Program (ECLRP).

[Note:  The applicant was administratively granted the ECLRP - See Statement of Facts below.]
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APPLICANT CONTENDS THAT:

He was given untrue information at basic military training (BMT), specifically that the MGIB could not be used for a doctorate and he had to disenroll in order to get ECLRP.  His records do not reflect an interest in ECLRP because he entered BMT with the intention of getting the MGIB.  He already had Bachelors and Masters degrees and wanted to obtain his Doctorate.  He has pursued this for two years, finding it impossible to get a statement from his recruiter and/or training instructor admitting to a mistake.  He understands he must serve another four years.

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

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STATEMENT OF FACTS:

With the signing of the Fiscal Year 1985 (FY85) Authorization Act, the MGIB (Title 38, USC, Chapter 30) became effective on 1 Jul 85.  It provides benefits for a variety of education and training programs.  Provided the Department of Veterans Affairs (DVA) approves the use of the benefits, there are no limitations on the types of courses a student may take.  MGIB benefits must be used within 10 years of a member’s honorable discharge from active duty.  The law stipulates 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.  Individuals desiring to disenroll must do so within 14 calendar days and sign DD Form 2366, MGIB Act of 1984, Basic Enrollment, under the statement “I do not desire to participate in the MGIB.  I understand that I will not be able to enroll at a later date.”  

ECLRP, Title 10, USC, Section 2171, is an enlistment incentive that is a contractual agreement.  Specific promises of performance by the Air Force and the member for ECLRP consideration are contained in the contractual agreement annexed to the enlistment contract.  Eligibility for ECLRP is determined by Air Force Recruiting Services at the time a member enlists into the Air Force.  Members are required to establish eligibility for ECLRP prior to entry on active duty by providing all loan promissory notes, obtaining student loan deferments, and verifying eligible loans are not in default prior to a member’s entry on active duty.  The law authorizes the ECLRP to repay six types of federally insured college loans.  ECLRP pays one-third, or $3,333.33, whichever is less, each year for three years.  The first ECLRP payment occurs on the first year anniversary of a member’s enlistment.  The maximum repayment is $10,000.00, less federal income tax.  

A member cannot receive benefits from both the ECLRP and the Montgomery GI Bill (MGIB) on one term of service.  To obtain both benefits, an individual must qualify for ECLRP upon enlistment and not waive their MGIB benefits.  Further, a member must enlist for a second term in order to receive MGIB benefits.  Essentially, when a member signs up for both programs, the ECLRP benefit is paid first, followed by the MGIB benefit during the second or subsequent enlistment.  If a member does not fulfill a second or subsequent enlistment, he forfeits the loan monies.  The MGIB benefit is the only veterans education assistance program after discharge from active duty.

The applicant incurred a student loan on 9 Dec 00 for approximately $58,035.  He enlisted in the Regular Air Force on 4 Jun 01 for a period of four years.  His enlistment contract did not include an addendum approving ECLRP benefits.  On 20 Jun 04, the applicant waived enrollment in the MGIB, acknowledging on DD Form 2366 that he would not be able to enroll at a later date.

On 26 Jul 04, HQ AFPC/DPPAE advised the applicant they had administratively amended his enlisted contract to qualify him for the ECLRP.  The applicant enlisted for a second term and has already received three payments towards his loan for the maximum ECLRP benefit of $10,000. 

On 31 Aug 04, HQ FPC/DPPAT requested the applicant provide evidence showing he was provided “untrue” information at BMT regarding the MGIB.  The applicant did not respond.

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AIR FORCE EVALUATION:

HQ AFPC/DPPAT advised they contacted Mr. -- at the 737 TRSS/TSDC Curriculum Development, requesting a response or evidence supporting the applicant’s allegation that he received “untrue information at basic training.”  Mr. -- provided a detailed response in an email, which DPPAT attached rather than paraphrased.  Mr. -- also included copies of the materials provided to the applicant and the Plan of Instruction.  The applicant provided no evidence to substantiate his claim of incorrect information being provided at BMT.  He did not respond to their 31 Aug 04 letter requesting supporting materials.  Granting the applicant’s request would violate Title 38, USC, Chapter 30, Section 3011.  The MGIB briefing conducted at BMT is designed and controlled to prevent such errors alleged by the applicant.  He submits no evidence supporting his claim, and his record does not support his claim.  Therefore, denial is recommended.

A complete copy of the evaluation, with attachments, is at Exhibit C.

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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 22 Oct 04 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.  We note the applicant has been administratively made eligible for the ECLRP and has, in fact, received the maximum payment.  Therefore, the only issue remaining for this Board’s consideration pertains to MGIB enrollment.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded he should be enrolled in this program.  The applicant waived enrollment in the MGIB on 20 Jun 04 and acknowledged he would not be able to enroll at a later date.  While his contentions of untrue information are duly noted, we do not find these uncorroborated assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force.  The in-depth response from Mr. -- and the comprehensiveness of the MGIB materials briefed at BMT appears to indicate enlistees are provided valid information regarding educational benefits.  The applicant has not demonstrated otherwise.  We therefore adopt the rationale expressed as the basis for our decision that he has not sustained 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.  

4.	The applicant’s case is adequately documented and it has not been shown that a personal appearance with or without counsel will materially add to our understanding of the issue(s) involved. Therefore, the request for a hearing is not favorably considered.

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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 8 December 2004 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2004-02144 was considered:

   Exhibit A.  DD Form 149, dated 10 Jun 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAT, dated 14 Oct 04, w/atchs.
   Exhibit D.  Letter, SAF/MRBR, dated 22 Oct 04.