RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2017-02785

  	COUNSEL: NONE
	
			HEARING: NOT INDICATED

APPLICANT REQUESTS THAT:

Her enrollment in the Enlisted College Loan Repayment Program (ECLRP). be omitted and her educational benefits be reinstated so that she can qualify for the Post 9-11 GI Bill Education Benefits at the rate of 100%. 

APPLICANT CONTENDS THAT:

This will allow her to pay back the $909.86 and she would regain the educational benefit of receiving Chapter 33 Post 9/11 GI Bill benefits.  

She was offered a promotion based on the college credits she had, in exchange for a six-year service obligation, which she declined.  She would not have opted for the ECLRP had she been informed the Montgomery GI Bill in conjunction with a nominal student loan repayment would have required that same service obligation.  While in Basic Military Training (BMT), she was told that all members were automatically enrolled in the Montgomery GI Bill, with the exception of members who opted to enroll in the ECLRP.  This required an extension of service in conjunction with enrollment in the ECLRP, which is not annotated on the DD FORM 2366, Montgomery GI Bill Act of 1984 (MGIB). She believes this is something that should have been clearly addressed before she signed the enlistment contract. Had she been given the option between the two educational benefits and service obligations, she would not have been forced to make an uninformed decision during BMT.   The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS:

On 21 Jun 05, the applicant initially entered active duty in the Regular Air Force.  

According to AF Form 3008, Supplement to Enlistment Agreement, dated 21 Jun 05, the applicant accepted the terms of the ECLRP and MGIB by initialing the form.

According to DD Form 2366, dated 28 Jun 05, the applicant signed up for the MGIB.

According to an email communication from AFPC/DPPAT, dated 5 Sep 06, she was notified that her education loan was a private loan and ECLRP does not cover private loans.

On 20 Jun 09, the applicant received an honorable discharge after completing 4 years of active service.

For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

AIR FORCE EVALUATION:

AFPC/DP2SST recommends denying the application.  The applicant’s loan amount of $1,263.69 only required one payment of the same amount.  ECLRP payments are considered as income and taxed accordingly.  A tax rate of 28% was applied to the payment leaving $909.86 to her lender.  The Air Force policy is “You will not be reimbursed for payments you make or have already made to your lenders.”  After reviewing the applicant’s request and other documentation, DP2SST found no error of injustice or government error.  Her payment was processed in accordance with established guidelines and procedures.  However, she feels she was not adequately informed about the specifics of the ECLRP and the Montgomery GI Bill.  She felt the information she received was inadequate which did not allow her to make a more informed decision.  

The ECLRP is a recruiting incentive offered at enlistment and enrollment is documented on AF Form 3008.  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.  The complete advisory is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION:

The Board sent a copy of the Air Force evaluation to the applicant on 15 May 18 for comment (Exhibit D), and the applicant replied on 26 Jul 18.  In her response, she provides clarification of her request.  She would like to be allowed to pay $909.86 back to the government that the Air Force paid her for the ECLRP.  She would like her enrollment in the ECLRP be omitted and her educational benefits be reinstated so that she can qualify for the Post 9-11 GI Bill Education Benefits at the rate of 100%. 

She was initially informed of the three-year time in service obligation in exchange for enrolling in the ECLRP; she enlisted and served for a period of four years.  However, she did not know that the Veterans Affairs (VA) would not count the three-year service obligation toward her education benefits.  She found out that the VA deducted the service obligation met for the ECLRP from her service time, which resulted in her not qualifying 100 percent for the Post 9/11 GI Bill.  Due to this, her time in service according to the Air Force records appears as 366 days (see supporting documents, 2010 Certificate of Eligibility at 100% and the revised 2015 Certificate of Eligibility at 60%). 

While she recognizes the clerical error does not rest within her Air Force records, an injustice exists between the two recruiting incentives offered by the Air Force and the Veterans Administration that are reliant on each other. The reliance occurs where the Air Force requires a service obligation (her service obligation was met); however, the VA actually deducted the time served while enrolled in the ECLRP program. This fact is not conveyed anywhere when enlisting. Had she known it would appear that she only served 366 days in the Air Force, in exchange for $909.86, she would not have enrolled in the ECLRP.  While the VA recognizes their clerical error, they will not re-evaluate her and qualify her at the 100 % unless her Air Force records no longer shows her enrollment in the ECLRP.  

The applicant’s complete response is at Exhibit E.

THE BOARD CONCLUDES THAT:

1.  The application was not timely filed.

2.  The applicant exhausted all available avenues of non-judicial relief before applying to the Board.

3.   After thoroughly reviewing all Exhibits, it is the Board’s opinion that the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP2SST and finds that a preponderance of the evidence does not substantiate the applicant’s contentions.  Therefore, the Board recommends against correcting the applicant’s records.

THE BOARD RECOMMENDS THAT:

The applicant be informed the evidence did not demonstrate material error or injustice, and the application will only be reconsidered upon receipt of relevant evidence not already considered by the Board.

CERTIFICATION:

The following quorum of the Board, as defined in Air Force Instruction (AFI) 36-2603, Air Force Board for Correction of Military Records (AFBCMR), paragraph 1.5, considered Docket Number BC-2017-02785 in Executive Session on 15 Aug 18:

	, Panel Chair
	, Member
	, Member

All members voted not to correct the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atchs, dated 24 May 17.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory opinion, AFPC/DP2SST, dated 13 Mar 18.
Exhibit D:	Notification of Advisory, SAF/MRBC to applicant, dated 15 May 18.
Exhibit E:  Email Communication, Applicant, dated 26 Jul 18.

Taken together with all Exhibits, this document constitutes the true and complete Record of Proceedings required by AFI 36-2603, paragraph 4.11.9.