APPLICANT REQUESTS: That he given the Army College Fund (ACF) enlistment option.
APPLICANT STATES: That he opted for the ACF when he enlisted, and has now been told he is not eligible to participate in that program.
In support of his application he submits a copy of an addendum to his enlistment contract wherein he opted for the Montgomery G.I. Bill (MGIB) and the ACF.
EVIDENCE OF RECORD: The applicants military records show:
He enlisted in the Army Delayed Entry Program (DEP) on 27 August 1992 with a 3-year active duty commitment. At that time, he executed a DD Form 1966/2, Record of Military Processing, Armed Forces of the United States, where in block 31, specific option/program enlisted for, military skill, or assignment to a geographic area guarantees, the applicant opted for training in military occupational specialty (MOS) of 57E (laundry and bath specialist) and the ACF option provided for that MOS.
He enlisted in the Regular Army on 3 December 1992 for 4 years in MOS 75B, personnel administration specialist. On the date he submitted his application, he was serving on active duty in pay grade E-4.
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 applicant enlisted in the DEP for an MOS which was eligible for the ACF, but changed his MOS to one which was not eligible for the ACF prior to his enlistment in the Regular Army. 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 offered the ACF at the time of his enlistment in the Regular Army due to the fact that his new MOS was not selected for that incentive.
2. The fact that he initially was offered the ACF does not entitle him to that benefit since he changed other aspects of his enlistment contract.
3. He has not shown that any promises were made to him beyond those stated in his enlistment contract.
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
Karl F. Schneider
Acting Director
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