RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-03757 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: The $875.01 that should have been applied to his student loan be applied to his student loan balances. APPLICANT CONTENDS THAT: The Air Force owes him $875.01 and it should have been applied to one of his two remaining outstanding student loan balances under the Enlisted College Loan Repayment Program (ECLRP). The total student loans from three different lenders (Affiliated Computer Services [ACS], Sallie Mae, and Great Lakes) amounted to $9,500.00. Since student loan payments are subject to income tax at the rate of 25 percent it appears that the amount that should/could have been paid towards his loans over three years is $7,125.00 ($9,500.00 less 25 percent in taxes [$2,375.00] equates to $7,125.00). In a three year period, ECLRP paid student loans to ACS in the amount of $1,750.00. The amount paid to Great Lakes was $2,437.00. The amount paid to Sallie Mae was $2,062.49. Therefore, the total amount paid on his student loans is $6,249.99, ($7,125 - $6,249.99 = $875.01) which leaves $875.01 that could have been applied to the balance on his remaining loan (Great Lakes - $1520). Prior to paying off the ACS loan, the ECLRP program manager stated the balance due from ECLRP for the third and final payment would be divided amongst the two remaining student loans and that paying off one of the loans would have no impact on the original amount [$7,125.00] he should have received. The ECLRP program manager did not mention that $875.01 would be withheld because one of his loans was paid off. The ECLRP program manager later stated that once the ACS loan had been paid off, the lender was deleted from his account. Therefore, no additional funds from the paid off loan would be allocated to the remaining lenders. The ECLRP program manager stated the explanation of the payment process was misunderstood and suggested that he appeal to the Air Force Board for Correction of Military Records. There is no possibility he would have paid off his ACS loan knowing that he would be forfeiting $875.01. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: On 5 July 2011, the applicant entered the Regular Air Force and is currently serving in the grade of senior airman (E-4). The remaining relevant facts pertaining to this application are contained in the memorandum prepared by the Air Force office of primary responsibility (OPR), which is attached at Exhibit C. AIR FORCE EVALUATION: AFPC/DPSIT recommends denial indicating there is no evidence of an error or an injustice. The ECLRP is a recruiting incentive offered at the time of enlistment and enrollment is documented on AF Form 3008, Supplement to Enlistment Agreement--United States Air Force. The Air Force repays the lesser amount of one-third or $3,333.33 per year of outstanding qualifying (federal) student loan balances. Payments are made in three annual installments and the maximum repayment amount is $10,000 less federal income taxes. In accordance with Title 10, United States Code, Section 2171, Education loan repayment program: enlisted members on active duty in specified military specialties, the portion or amount of a loan that may be repaid is 33? percent or $1,500, whichever is greater, for each year of service. On 18 July 2012, after receiving the appropriate documentation, the ECLRP program manager emailed the applicant to confirm his enrollment in the ECLRP. Attached to the email was DD Form 2475, DOD Educational Loan Repayment Program (LRP) Annual Application, for the applicant to provide to his lenders. On 23 November 2012, the ECLRP program manager emailed the applicant to confirm receipt of DD Form 2475 from ACS and inquired about any additional federal student loans. On 26 November 2012, the applicant replied stating he had two more loans, one with Great Lakes and the other with Sallie Mae. The applicant further stated in an email dated 30 December 2012, that the ECLRP program manager had received the correct loan information pertaining to his three lenders. The applicable loan information for three lenders was entered into the ECLRP system for processing. Based on the outstanding principal balance reported by each lending institution, full authorized payment (33? percent) was disbursed each year and three annual payment invoices were processed for subsequent payments to the three lenders. The first annual payments were processed on 7 January 2013 and the second annual payments were processed on 18 June 2013. On 28 September 2013, the applicant informed the ECLRP Program Manager he had paid off the ACS loan. The loan account information for ACS was then removed from his ECLRP account. ACS received two previous payments of $875.00 each. There was no legal requirement to authorize another payment of $875.00 to ACS after the account was paid in full by the applicant. The third and final annual payments were processed on 3 July 2014 for the two remaining lenders. The process zeroed-out the respective balances in the ECLRP system. A complete copy of the AFPC/DPSIT evaluation, with attachments, is at Exhibit C. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: After the second payment to the three lenders was paid by the Air Force, the ECLRP program manager was asked if paying off one lender would impact the amount of money that would be paid on his remaining loans. The applicant was advised it would not reduce the amount of money that the Air Force would pay towards his loans. He paid off one of his loans which left him with two. The applicant does not understand why the remaining (third and final) ECLRP money that was available to pay towards his loan was not divided between the two remaining lenders. The applicant’s complete response is at Exhibit E. 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 an error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we do not find his contentions or the emails provided sufficiently persuasive. While the applicant states he was miscounseled by the ECLRP program manager, he has not provided substantial evidence to support his request. 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 the applicant has failed to sustain his burden of proof that he has been the victim of an error or injustice. Absent persuasive evidence that he was denied rights to which he was entitled, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of material error or injustice; the application was denied without a personal appearance; and 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 AFBCMR Docket Number BC-2014-03757 in Executive Session on 29 September 2015, under the provisions of AFI 36-2603: , Panel Chair , Member , Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 10 October 2014, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Memorandum, AFPC/DPSIT, dated 15 July 2015, w/atchs. Exhibit D. Letter, SAF/MRBR, dated 13 August 2015. Exhibit E. Letter, Applicant, dated 10 September 2015.