APPLICANT REQUESTS: In effect, the applicant requests that his enlistment contract be corrected to show that he selected the Army College Fund (ACF) enlistment option.
APPLICANT STATES: That he was told that he was able to enlist for the ACF and still receive a bonus of $1500.00 for enlisting in the shortage specialty of 94B (food service specialist), thus the word none on his statement for enlistment (DA Form 3286-59/2), that was originally written in for a bonus amount was crossed out and the amount $1,500 was written in. He states that when he [the recruiter] listed his options as training of choice and Army cash bonus only, he asked why the recruiter had not listed the ACF and was told that everyone gets only two enlistment options and that the documents for the ACF would be completed at the reception station. The applicant states that the reason he specifically enlisted for four years was in order to receive the most money for college.
He states that the crossed out word none on his enlistment contract, the fact that he attended college prior to his enlistment and his payment of $1200.00 into the Montgomery GI Bill (MGIB) (proof of his intent to return to college), his zeal in pursuing this matter, and copies of his awards attesting to his character, be taken into account when considering his case.
EVIDENCE OF RECORD: The applicant's military records show:
That he enlisted in the Army Reserve Delayed Entry Program (DEP) on 18 December 1986, and in the Regular Army for four years on 12 February 1987. When he enlisted in the Army Reserve he signed a DA Form 3286-59 series, Statement for Enlistment, US Army Enlistment Option, US Army Delayed Enlistment Program. On page 1 of that series he selected two options, effective upon his enlistment in the Regular Army - US Army training of choice as a food service specialist and US Army cash bonus. Page 2 of that series
includes the statement, in pertinent part, Further I understand that the Bonus for my CMF/MOS on this date is
$1500.00, with the word none having been crossed out. Page 2 also includes the statement, I have read and understand each of the statements above and in the
DD Form 1966 series, signed by me, and understand that these statements are intended to constitute all promises whatsoever concerning my enlistment. Any other promise or representation of commitments made to me in connection with my enlistment is written below in my own handwriting, or is hereby waived (if none, write None). The applicant wrote the word, NONE, and signed the form on 18 December 1986.
When he enlisted in the Regular Army he signed a DA Form 3286-60 series, Statement for Enlistment, US Army Enlistment Options. He again selected the same two enlistment options (indicated above). Option 9-28 on that form, ACF, was not marked as an option. The applicant also indicated, by writing the word, NONE, on page 7 of this series, that no other promises were made.
The 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.
Army Regulation 601-210, chapter 6, specifies what forms are to be completed when a person enlists in the Army. Those forms include the DA Form 3286-60 series which shows which options have been selected by the person enlisting. Only the options selected on that form are considered valid and will be honored by the Government.
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(s), it is concluded:
1. The applicants enlistment contracts in the Army Reserve Delayed Entry Program and in the Regular Army, both show that he enlisted for a training of choice and a cash bonus option. These contracts fail to show that he enlisted for the ACF.
2. The Board has seriously considered the applicants contentions, nonetheless, there is no physical evidence to support his request. His college attendance prior to his enlistment, awards received during his service, and the zeal in pursuing his case, are commendable; however, they do not constitute probative evidence nor are they considered a convincing argument in support of his request.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicants 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
Karl F. Schneider
Acting Director
ARMY | BCMR | CY2004 | 20040010209C070208
DA Form 3286- 59 (Statement for Enlistment, United States Army Enlistment Program, U.S. Army Delayed Enlistment Program) states the applicant is enlisting under program 9A Army Training Enlistment Program and 9C Army Incentive Enlistment Program (ACF $26,500.00) and (Cash Bonus $8,000.00). The applicant's enlistment documents state that he was enlisting, in addition to the U. S. Army Training Enlistment Program, for the "US Army College Fund $26,500." The advisory opinions admit that the...
ARMY | BCMR | CY2007 | 20070004584
He further states, in effect, that his enlistment contract shows "ACF - $40,000", not "ACF & MGIB - $40,000." The applicant's service records contain a DA Form 3286-66 (Statement of Understanding, U.S. Army Incentive Enlistment Program), Annex D, dated 28 June 2000. There is insufficient evidence to show he was not advised that the $40,000.00 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.
ARMY | BCMR | CY2009 | 20090003920
The applicant requests that he be paid $33,000 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicant provides a DA Form 3286-66 (Statement of Understanding, United States Army Incentive Enlistment Program), a U.S. Department of Veterans Affairs (VA) Discussion Thread, and a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application. The applicant's records also contain a DA Form 3286-66, dated 22 March 2003, which...
ARMY | BCMR | CY2006 | 20060010130C071029
Dale E. DeBruler | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. His DA Form 3286-66 Statement of Understanding, United States Army Incentive Enlistment Program), Paragraph 1a, states that in addition to the Training of Choice and Cash Bonus Options, he was enlisting for the U. S. Army College Fund. The evidence of record confirms the applicant enlisted in April 2002, and there is insufficient evidence to show he was not...
ARMY | BCMR | CY2011 | 20110023146
In support of his application, the applicant provides the following documents: a. a copy of the DD Form 2366, dated 19 March 2003, that was previously considered; however, item 3 of the copy provided also shows the handwritten entry, "ACF $40,000.00 as per USAREC msg 03-033, dtg 142014Z March [2003]; and b. an Army reservation form, dated 19 March 2003, that shows a successful reservation was completed for the applicant to enlist in the RA for a period of 4 years for the following options: *...
ARMY | BCMR | CY2006 | 20060010031
The Board considered the following evidence: Exhibit A - Application for correction of military records. The Department of Veterans Affairs booklet, Federal Benefits for Veterans and Dependents, 2006 edition, states the Department of Veterans Affairs will pay $1,034 a month for training in college, technical, or vocational school to eligible veterans. The evidence of record confirms the applicant enlisted in February 1994, and there is insufficient evidence to show he was not advised that...
ARMY | BCMR | CY2009 | 20090018680
The applicant requests that she be paid $10,424.32 in Army College Fund (ACF) benefits as outlined in her enlistment contract. The applicant provides a DA Form 3286-66 (Statement of Understanding, United States Army Incentive Enlistment Program) and a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application. The VA booklet, Federal Benefits for Veterans and Dependents, states the VA will pay education benefits for training in college, technical, or...
ARMY | BCMR | CY2006 | 20060002857
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides: his DA Form 3286-66 (Statement of Understanding United States Army Incentive Enlistment Program); his DD Form 214 (Certificate of Release or Discharge from Active Duty); and college transcripts. There is insufficient evidence to show he was not advised that the $50,000 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.
ARMY | BCMR | CY2006 | 20060006059
The applicant requests, in effect, that he be paid the full $40,000 Army College Fund (ACF) entitlement in addition to the Montgomery GI Bill (MGIB) benefit promised him during his enlistment processing. Paragraph 32a of the DD Form 1966/3 prepared at the time states that in addition to the United States Army Training Enlistment Program and Cash Bonus, he was enlisting for an ACF incentive of $40,000, and he was enrolled in the MGIB on 23 June 2001, as required for eligibility of the ACF...
ARMY | BCMR | CY1996 | 9606928C070209
The applicant requests that his records be corrected to show that he enlisted for the Army College Fund (ACF). The applicants military records show he enlisted in the DEP on 15 June 1990. RECOMMENDATION: That all of the Department of the Army records related to this case be corrected by showing that the individual concerned enlisted in the Regular Army on 6 November 1990 with the ACF enlistment option, as an exception to policy.