RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03307 INDEX CODE: 100.00 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: He receive payment for his private student loan under the Enlisted College Loan Repayment Plan (ECLRP). ________________________________________________________________ APPLICANT CONTENDS THAT: He signed up for the ECLRP in 2003 and turned in his paperwork as instructed at the finance office at Lackland AFB, TX; however, no payment was ever made to his student loans. His loan company tried to notify him of nonpayment but he was deployed at the time. He was not informed of the nonpayment until his return to Germany and he paid it himself. Meanwhile, the Air Force has told him that because his payment was late, his loan was in default and the Air Force would not pay. His loans were late; however, they were never in default. He believes he deserves to receive any and all payment that he is entitled to for his service. In support of his application, applicant provided a copy of AF Form 3009, Change of Enlistment Agreement - United States Air Force, AF Form 3005, Guaranteed Aptitude Area Enlistment Agreement Non-Prior Service - United States Air Force, and AF Form 3008, Supplement to Enlistment Agreement - United States Air Force. Applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Regular Air Force on 7 October 2003, and was progressively promoted to the grade of airman first class after completing 1 year, 2 months and 27 days of total active duty. He transferred to the Air National Guard (ANG) of Pennsylvania on 22 May 05. He separated from the ANG after completing 3 years, 7 months and 16 days of total service. On 7 October 2003, AF Form 3008, Supplement to Enlistment Agreement - United States Air Force reflected the applicant was offered the ECLRP. Based on the one year and two months he served, he would have been eligible to receive one payment provided he had outstanding qualifying federal loans. On 15 October 2003, the applicant did not desire to participate in the Montgomery GI Bill Act of 1984 (MGIB). ________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSITE recommends denial and states the law as currently written does not allow for one to claim ECLRP benefits after they have separated from active duty. A principal reason is to prevent an individual from using the same period of service to receive payment under the ECLRP and MGIB. The applicant is eligible to participate in the post 9/11 GI Bill based on his service after 11 September 2001 provided the same period of service is not used for participation in the ECLRP. In addition, a request for information was submitted to the applicant requesting documentation to support his claim of government error regarding his qualifying loans. To support his claim of a government error, it was requested that he provide evidence such as signed statements from witnesses regarding his attempts to have his loans paid under the ECLRP. The ECLRP system maintained at AFPC/DPSITE contains no information that the applicant ever attempted to participate in the ECLRP prior to submitting his correction of military record. AFPC/DSPSITE's complete evaluation is at Exhibit C. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 6 February 2009 for review and comment within 30 days. As of this date, this office has received no response. ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was not timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We note the applicant’s assertion that his lending institution did not receive any money on his behalf from the government; however, he has not provided any evidence to verify that he ever attempted to have his loans paid under the ECLRP. Regardless, the evidence of record indicates the applicant never attempted to participate in the ECLRP. We find no evidence the applicant was miscounseled regarding this decision or that he was treated any differently from other similarly situated members. Therefore, 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. Accordingly, the applicant’s request is not favorably considered. ________________________________________________________________ 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- 2008-03307 in Executive Session on 24 March 2009, under the provisions of AFI 36-2603: The following documentary evidence was considered in connection with AFBCMR Docket Number BC-2008-03307: Exhibit A. DD Form 149, dated 22 Aug 08, w/atch. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, AFPC/DPSITE, dated 21 Jan 09. Exhibit D. Letter, SAF/MRBR, dated 6 Feb 09.