APPLICANT REQUESTS: That he given the Army College Fund (ACF) enlistment option.
APPLICANT STATES: That he was not told about the ACF when he enlisted, and was not aware that eligibility for that incentive was contingent on his Armed Forces Qualification Test (AFQT) score. When he initially enlisted he scored low on the AFQT because English is his second language. He has since taken another AFQT and has now achieved a qualifying score for the ACF.
In support of his application he submits a copy of an automated score sheet from Fort Riley, Kansas, education center, which shows he has been retested and has improved his score on all of the tests that comprise an AFQT score, although his new AFQT score is not calculated.
EVIDENCE OF RECORD: The applicants military records show:
That he enlisted in the Army Delayed Entry Program on 10 June 1993. At that time, he executed a DA Form 3286, U.S. Army Enlistment Option, U.S. Army Delayed Entry Program, in which he elected the training of choice and the Montgomery G.I. Bill enlistment options. The spaces provided for a potential enlistee to elect the ACF and the Loan Repayment Program have N/A entered in the Yes blocks, and the applicants initials in the No blocks.
He enlisted in the Regular Army on 17 August 1993 and was serving on active duty in pay grade E-3 on the date he submitted his application to the Board. His AFQT score was 43 percentile.
The Montgomery G.I. Bill (MGIB), as outlined in title 38, United States Code, chapter 30, section l411(b), provides for soldiers who entered the service after 30 June l985, to be automatically enrolled into the MGIB, unless declined, and to contribute $l,200.00 during their first l2 months service, which is nonrefundable. After completion of their service obligation, he or she is entitled to receive up to $300.00 per month educational benefits for 36 months. The program is administered by the Department of Veterans Affairs.
The ACF is an incentive program which is available to certain Regular Army enlistees who participate in the MGIB. In addition to the monthly monetary educational benefits given to soldiers who participate in the MGIB, the Army also provides a kicker in the form of the ACF, which is a set amount of money which is determined by the length of an enlistment. To be eligible for the ACF, the soldier must be a high school graduate, have an AFQT score of 50 or above, remain enrolled in the MGIB, and enlist for certain military occupational specialties, as determined by the Department of the Army.
In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Total Army Personnel Command (PERSCOM). The PERSCOM stated that the ACF is not an option for which an individual becomes eligible after enlistment. The applicant scored less than the minimum score required to be eligible for that option and, therefore, was not offered the ACF. The PERSCOM recommends disapproval of the applicants request.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. The applicant was not eligible for the ACF at the time of his enlistment due to his AFQT score.
2. While he has now improved his scores on the tests that comprise an AFQT score, he did so after his enlistment. Regardless of whether his new test scores raises his AFQT score to 50 or above, that retest score does not now entitle him to the ACF.
3. He has not shown that any promises were made to him
beyond those stated in his enlistment contract. To the
contrary, his enlistment contract clearly shows that he
only enlisted for the training of choice and the MGIB
enlistment options.
4. In view of the foregoing, there is no basis for
granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
David R. Kinneer
Executive Secretary
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