APPLICANT REQUESTS: That his records be corrected to show that he enlisted for the Army College Fund (ACF).
APPLICANT STATES: That his recruiter told him that the military occupational specialty (MOS) he was enlisting for overqualified him for the ACF. Since his enlistment he has discovered that a person cannot be overqualified for the ACF.
EVIDENCE OF RECORD: The applicant's military records show:
That he enlisted in the Army Delayed Entry Program on 12 October 1993. At that time, he executed a DA Form 3286-59, U.S. Army Enlistment Program, U.S. Army Delayed Entry Program, in which he only elected the training of choice enlistment option for the MOS of signal support systems specialist. In conjunction with his enlistment he also completed a DA Form 3286-67, Statement of Understanding, Army Policy, which provides spaces for a potential enlistee to elect the ACF, the Montgomery G.I. Bill (MGIB), and the Loan Repayment Program (LRP). The applicant initialed in the Yes block for the MGIB, and the No blocks for the ACF and the LRP.
He enlisted in the Regular Army for 4 years on 23 November 1993 and was serving on active duty in pay grade E-3 on the date he submitted his application to the Board.
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 MOS the applicant enlisted for was not qualifying for the ACF in conjunction with his 4-year term of service. The PERSCOM recommended 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 due to the MOS and the term of enlistment he chose.
2. 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 enlistment option.
3. 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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