RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 November 2005
      DOCKET NUMBER:  AR20040011252


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.  A quorum was present during the
further consideration and deliberation.  The findings appearing in
proceedings dated
22 April 2004     were affirmed.  The following additional findings,
conclusions, and recommendations were adopted by the Board.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Analyst              |

      The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated 22 April 2004.

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Delia R. Trimble              |     |Member               |

      The Board considered the following additional evidence:

      Exhibit C – (show the identifying data for the original Record of
Proceedings)











CONSIDERATION OF ADDITIONAL EVIDENCE:

8.  On 17 December 2004, new information was received from the Defense
Finance and Accounting Service (DFAS) in regard to the decision of the Army
Board for Correction of Military Records (ABCMR) in Docket Number
AR2003094334, dated 22 April 2004.

9.  The evidence submitted consists of a series of e-mail messages between
a DFAS representative and an ABCMR representative, and e-mail between the
applicant and DFAS, and a "facsimile transmittal" between the applicant and
the ABCMR, pertinent to the status of his claim and payment of his ACF
benefits.
E-Mail messages have a variety of dates extending from 22 September 2004
through 5 October 2005.

ADDITIONAL DISCUSSION AND CONCLUSIONS:

5.  At the time of the decision of the ABCMR in Docket Number AR2003094334,
dated 22 April 2004, it was the intent of the ABCMR to make the applicant’s
record as administratively correct as it should properly have been at the
time.

6.  The ABCMR's decision in Docket Number AR2003094334 has been questioned
by the DFAS.  It appears that the decision arrived at by the Board does not
serve the best interests of the individual concerned and creates an
administrative burden on the DFAS that would not be efficient or cost
effective.

7.  The Board in its decision recommended that "all Department of the Army
records of the individual concerned be corrected by making the agreed to
$26,500 Army College Funds available, prorated in accordance with existing
applicable program rules/policy, to the applicant, separate and apart from
any benefits that he may now be receiving from the Department of Veteran's
Affairs."

8.  DFAS has concerns because they are responsible for determining how to
pay the applicant the additional benefits that the ABCMR has approved.  As
stated in the ABCMR recommendation, the additional benefits are to be
prorated in accordance with program rules.  The concern that DFAS has is
that, if they assume the responsibility of prorating payment in accordance
with program rules, it creates a workload to follow up with the case
monthly in order to create a monthly payment.  This is labor intensive and
the expense of generating a check every month is high.
9.  Another DFAS concern is that the member has 10 years from the date of
his last discharge to use his benefits and monitoring a case for 10 years
to ensure compliance with program rules is unreasonable.

10.  DFAS knows that the member is entitled to the ABCMR approved ACF
benefits and that he has been enrolled in school full time since April
2003.

11.  The applicant enrolled in school in April 2003 and has remained
enrolled in school full time and, by his report, he has an acceptable grade
point average.

12.  DFAS believes that the best solution is to pay the applicant the
entire amount of ACF benefits due in one lump sum and advise the member in
writing that if he does not comply with program rules that it will
establish a debt against him.

13.  On 5 October 2005, the applicant provided a copy of his college
transcript to support the fact that he is actively pursuing his college
education.  The applicant has informed the DFAS that he is required to work
a full time job to support himself and to meet his schooling costs.  He is
in need of this approved funding to enable him to participate in
observations in a public school system, as part of his pursuit of a career
as a teacher.

14.  Title 10, U.S. Code, section 1552, the law which provides for the
Board states that "The Secretary may pay, from applicable current
appropriations, a claim for the loss of pay, allowances, compensation,
emoluments, or other pecuniary benefits, or the repayment of a fine or
forfeiture, if, as a result of correcting a record under this section, the
amount is found to be due the claimant on account of his or another's
service in the Army, Navy, Air Force, Marine Corps or Coast Guard, as the
case may be."  This would allow the Board to invoke that provision and pay
the applicant the funds due for ACF that have been determined ineligible
for payment under other appropriations.

BOARD VOTE:

_SK_____  _DRT__  __DA____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant an amendment of the decision of the Army Board for the Correction
of Military Records set forth in Docket Number AR2003094334, dated 22
April 2004.  As a result, the Board recommends that all Department of the
Army records of the individual concerned be corrected by amending the
applicant's DA Form 3286-66, Statement of Understanding, U.S. Incentive
Enlistment Program, to include the sentence, "If ACF benefits were
authorized by the official processing you for enlistment and the
Government fails to pay the full amount under the appropriate provisions,
and such failure results in nonpayment of ACF benefits, payment is at the
Board’s sole discretion, in accordance with Title 10, U.S. Code, section
1552."

2.  Further, the DFAS shall remit payment in lump sum, not to exceed
$26,500.00, less any ACF funds already paid to the applicant, for a 2-
year enlistment from current applicable appropriations and advise the
applicant that if he does not comply with program rules that DFAS will
establish a debt.




                                  __    Stanley Kelley__________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011252                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/08                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  23   |103.0000                                |
|2.  1018                |103.0100                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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