RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER:  BC-2004-02410
		INDEX CODE 128.00
	 	COUNSEL:  None

	 	HEARING DESIRED:  No

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APPLICANT REQUESTS THAT:

The Enlisted College Loan Repayment Program (ECLRP) be annexed to his enlistment contract.

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APPLICANT CONTENDS THAT:

The applicant makes no contentions.  His complete submission, with attachment, is at Exhibit A.

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STATEMENT OF FACTS:

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 qualify for ECLRP and the Montgomery GI Bill (MGIB) benefits on one term of service. 

The applicant enlisted in the Regular Air Force for a period of four years on 12 Nov 02.  On 30 Nov 02, he declined MGIB enrollment, and this election is irrevocable per Title 38, USC, Chapter 30, Section 3011.  Therefore, the applicant is currently not eligible for either the MGIB or the ECLRP.

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AIR FORCE EVALUATION:

The applicant does not qualify for ECLRP and provides no evidence to support eligibility for the program.  ECLRP must be annexed as part of the applicant’s enlistment contract in order to process payment toward eligible loans.  Therefore, denial is recommended.

A complete copy of the evaluation 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 15 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.  After a thorough review of the evidence of record and the applicant’s submission, we are not persuaded the ECLRP should be annexed to his enlistment contract.  The applicant makes no contentions, and the evidence of record appears to support the rationale provided by the Air Force.  The applicant did not establish eligibility for ELCRP prior to enlistment by providing all loan promissory notes, student loan deferments, and verification that eligible loans were not in default.  We therefore adopt the rationale expressed 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 8 December 2004 under the provisions of AFI 36-2603:

The following documentary evidence relating to AFBCMR Docket Number BC-2004-02410 was considered:

   Exhibit A.  DD Form 149, dated 29 Jul 04, w/atchs.
   Exhibit B.  Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAT, dated 1 Oct 04.
   Exhibit D.  Letter, SAF/MRBR, dated 15 Oct 04.