RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2008-03488 INDEX CODE: 128.14 COUNSEL: NONE HEARING DESIRED: NO _________________________________________________________________ APPLICANT REQUESTS THAT: Her records be corrected to reflect she elected to enroll in the College Loan Repayment Program (CLRP). _________________________________________________________________ APPLICANT CONTENDS THAT: She wanted to participate in the program and completed the necessary paperwork at the time of her enlistment but it was not reflected in her contract. She signed the paper only because she was told she would still be enrolled in the program. Her recruiter had all of her paperwork sent to the Military Enlistment Processing Station (MEPS) but when she signed her contract she was told not to worry about it and that she was already enrolled in the program. In support of her request, the applicant provided a copy of her AF Form, Supplement to Enlistment Agreement, dated 7 Nov 07, and an unsigned letter from her recruiter stating she intended to enroll in the program. The applicant's complete submission, with attachments, is at Exhibit A. _________________________________________________________________ STATEMENT OF FACTS: The applicant enlisted in the Air Force Delayed Enlistment Program on 17 Jul 07 for a four (4) year period. The applicant’s AF Form 3008 reflects she initialed and signed the statement, “I have been briefed on the College Loan Repayment Program (CLRP) and either do not meet the program requirements, or elect not to participate. I understand my initial enlistment is the only opportunity to enroll in the CLRP and I permanently waive my CLRP enrollment option. I accept the terms of my enlistment agreement.” _________________________________________________________________ AIR FORCE EVALUATION: AFPC/DPSITE recommends denial. DPSITE states they attempted to confirm the recruiter’s support of the applicant’s request but he never responded to their e-mails or phone messages. DPSITE states the applicant has offered no evidence of Government error other than an unsigned, unverified letter. The complete AFPC/DPSITE 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 9 Jan 09 for review and comment within 30 days. As of this date, this office has not received a response (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. Sufficient relevant evidence has been presented to demonstrate the existence of an error or injustice. We took note of the Air Force office of primary responsibility's position that the applicant signed her enlistment agreement clearly indicating her election not to participate in the CLRP program. However, having received a signed statement from her recruiter indicating that it was indeed her intent to participate in the program, yet due to circumstances beyond her control her agreement reflected otherwise, we believe reasonable doubt has been established as to whether her agreement was prepared in error and she was miscounseled. Therefore, it is our opinion that the benefit of doubt in this matter should be resolved in her favor and we recommend her records be corrected as indicated below. _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that, assuming she had qualifying Federally insured loans and they are in good standing, she enrolled in the College Loan Repayment Program on 11 December 2007. _________________________________________________________________ The following members of the Board considered Docket Number BC- 2008-03488 in Executive Session on 19 February 2009, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 15 Sep 08, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSITE, dated 16 Dec 08. Exhibit D. Letter, SAF/MRBR, dated 9 Jan 09.