RECORD OF PROCEEDINGS

IN THE MATTER OF:	DOCKET NUMBER: BC-2022-00085

XXXXXXXXXXXXXX	COUNSEL: XXXXXXX
	
	HEARING REQUESTED: NO	

APPLICANT’S REQUEST

Reinstatement of Enlisted College Loan Repayment Program (ECLRP) eligibility.

APPLICANT’S CONTENTIONS

She was miscounseled about the ECLRP program.  She was never informed that she would no longer be eligible for the ECLRP program after reenlistment until she received the CLRP policy letter on 9 Aug 21. She was under the assumption that because it is written in her initial enlistment contract that she remains eligible for CLRP and she could submit her request to have her college loan repaid anytime as long as she was on active duty.  She has met, and currently meets, all prerequisites for eligibility of repayment.  The AF Form 3008, Supplement to Enlistment Agreement- United States Air Force, contract states that repayment will be made only after each successful year of active duty (over a 3-year period) that she performs commencing on the date of her enlistment in the Air Force.  This contract does not state that she must process this ECLRP exactly one year after she has been on active duty.  It also does not state that she will no longer be eligible for the benefit once she reenlists.  In her final year of her initial reenlistment, she tried to obtain her entitlement to ECLRP and was denied stating that she is no longer eligible after reenlistment.

The applicant’s complete submission is at Exhibit A.

STATEMENT OF FACTS

The applicant is a currently serving Air Force staff sergeant (E-5).

On 2 Jan 13, according to DD Form 4, Enlistment/Reenlistment Document – Armed Forces of the United States, the applicant enlisted in the Regular Air Force for a period of six years, in the pay grade of E-3.  On that same date, she signed AF Form 3008, Supplement to Enlistment Agreement-United States Air Force and acknowledged her eligibility for the CLRP program.

At the time of her 2 Jan 13 enlistment, the CLRP program requirements were detailed on the DD Form  3008, Supplemental to Enlistment Agreement – United States Air Force, that she initialed and signed.

On 26 Mar 18, according to AF Form 1411, Extension of Enlistment in the Air Force, the applicant extended her initial enlistment for a period of 20 months.

According to her Airman Personnel Brief, dated 1 Mar 22, applicant reenlisted on 1 Apr 21 establishing a date of separation (DOS) of 30 Jun 26.
For more information, see the excerpt of the applicant’s record at Exhibit B and the advisory at Exhibit C.

APPICABLE AUTHORITY

Air Force Manual 36-2032, Military Recruiting and Accessions:

3.11. Initial Enlistment Bonus and Enlisted College Loan Repayment programs are used to incentivize enlistments into specific Air Force specialties to meet RegAF force management objectives. These specific Air Force specialties are authorized due to their designation as: hard to recruit; hard to qualify for; special emphasis; or those requiring specialized credentials, licenses or education.

3.11.2. Enlisted College Loan Repayment Program Payment. Member must complete training to 3-skill level in the Air Force specialty authorized and contracted under Enlisted College Loan Repayment Program.  Initial payment is made after member completes the first year of active duty and meets terms of agreement. Payment authorizations are processed during a member’s anniversary month of entering active duty. After initial payment, AFPC will automatically process second and third year payment authorizations.  Defense Accounting and Finance will pay eligible lenders directly. Total loan repayments under the Enlisted College Loan Repayment program cannot exceed $10,000.

AIR FORCE EVALUATION

AFPC/DP1SSB recommends denying the application.  Based upon documentation provided by the applicant and analysis of the facts, there is no evidence of an error or injustice.  The ECLRP was an Air Force Recruiting Services program offering an enlistment incentive to potential recruits and was discontinued effective 1 Oct 14.  Enrollment was documented on the AF Form 3008 and the program is only valid during the member’s initial enlistment.  On 11 Sep 18, while she was on her initial enlistment, she was emailed DD Form 2475, DOD Educational Loan Repayment Program (LRP) Annual Application which she was required to complete and forward to her lender.  The lender, upon completion of the form, was to forward the form to the ECLRP office.  The completed form was never received.

The complete advisory opinion is at Exhibit C.

APPLICANT’S REVIEW OF AIR FORCE EVALUATION

The Board sent a copy of the advisory opinion to the applicant on 23 Feb 22 for comment (Exhibit  D), and the applicant replied on 8 Mar 22.  In her response, the applicant contended not once during the initial enlistment process, or when she extended her initial enlistment twice (first for 20 months, then again for 30 months) was she told that this benefit can only be used during her initial enlistment, and is it not stated in her contract as the enlistment form does not state that once enrolled in the program it will not continue after reenlistment. There was no information that she could find on the program and the education office did not seem to have much information on the program when she initially enrolled and does not even today.  The first time she was made aware of the CLRP policy was on 6 Aug 21 which was four months after her 1 Apr 21 reenlistment.  She believes that she was miscounseled and uninformed and she cannot know what questions to ask if she does not know what to ask.

The applicant’s complete response is at Exhibit E.

FINDINGS AND CONCLUSION

1.  The application was timely filed.

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

3.  After reviewing all Exhibits, the Board concludes the applicant is not the victim of an error or injustice.  The Board concurs with the rationale and recommendation of AFPC/DP1SSB and finds a preponderance of the evidence does not substantiate the applicant’s contentions.  The applicant contends she was miscounseled and uninformed of the process regarding her entitlement to ECLRP.  Specifically, she was not made aware the benefit could only be used during her initial enlistment.  The Board finds no corroborating evidence to support the applicant was miscounseled or that she was treated differently from other similarly situated members.  Moreover, while she was on her initial enlistment, she was sent a request for the completion of the DD Form 2475, to verify that her eligibility requirements were met; however, there was no evidence presented showing the form was completed.  Therefore, the Board recommends against correcting the applicant’s records.

RECOMMENDATION

The Board recommends informing the applicant the evidence did not demonstrate material error or injustice, and the Board will reconsider the application only upon receipt of relevant evidence not already presented.  

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-2022-00085 in Executive Session on 19 Apr 22:

, Panel Chair	
, Panel Member	
, Panel Member

All members voted against correcting the record.  The panel considered the following:

Exhibit A:	Application, DD Form 149, w/atch, dated 4 Nov 21.
Exhibit B:	Documentary evidence, including relevant excerpts from official records.
Exhibit C:	Advisory Opinion, AFPC/DP1SSB, dated 22 Feb 22.
Exhibit D:	Notification of Advisory, SAF/MRBC to Applicant, dated 23 Feb 22.
Exhibit E:  Applicant’s Response to Advisory Opinion, dated 8 Mar 22.

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