RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 November 2005
      DOCKET NUMBER:  AR20050003808


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be paid the $33,000 Army
College Fund (ACF) kicker.

2.  The applicant states it was his understanding upon enlistment that he
would receive an ACF kicker amount of $33,000 in addition to his Montgomery
GI Bill (MGIB).  Nowhere in his contract does it state the ACF included the
MGIB.

3.  The applicant provides his DA Form 3286-66 (Statement of Understanding
United States Army Incentive Enlistment Program) and DD Form 2366
(Montgomery GI Bill Act of 1984 (MGIB)).

CONSIDERATION OF EVIDENCE:

1.  The applicant has served in Operation Iraqi Freedom.

2.  On 10 January 2002, the applicant enlisted in the Regular Army for 3
years.

3.  The applicant's DA Form 3286-66, paragraph 1a states he was enlisting,
in addition to the U. S. Army Station/Unit/Command/Area Enlistment Program,
for the ACF.  He initialed paragraph 3, which stated that, if his incentive
in paragraph 1a was the ACF, he would be awarded the amounts indicated
below as they apply to the term for which he was enlisting:  3 years - up
to $33,000 at the accrual rate of $916.66 per month served.

4.  The applicant's DD Form 2366 shows he enrolled in the MGIB.  Item 3
(Service Unique Education Assistance Options) indicated, "MOS 54B," "TOS 3
YR ENL," and "ACF $33,000."

5.  The applicant was honorably released from active duty on 9 January 2005
after completing 3 years of creditable active service.

6.  In the processing of this case, an advisory opinion was provided by the
U. S. Army Reserve MGIB Program Manager, in coordination with the U. S.
Army Human Resources Command.  That office noted that the applicant is
currently receiving the authorized amount of MGIB.  At the time the
applicant enlisted, the ACF and the MGIB was a combination of the benefit
(MGIB) and the incentive (ACF).  At that time, the MGIB offered, for a 3-
year active duty obligation, $800.00 for full-time academic studies.  The
ACF added $116.66 monthly, for a total amount of $32.999.76 ($33,000.00).
The current rate for MGIB is $1004.00 per month for full-time academic
studies.  With the ACF, the applicant is now authorized a total of
$40,199.76, much greater than the original agreement of $33,000.

7.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He did not respond within the given time frame.

8.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), Table 9-4 of the version dated 28 February 1995 (the version in
effect at the time of the applicant's enlistment), explains the ACF.  It
states applicants for enlistment will be advised of the following:  The ACF
provides additional educational assistance in addition to that earned under
the GI Bill.  The money earned is deposited in the Soldier's Department of
Veterans' Affairs account.  Normally, the funds will be dispersed to the
participant in 36 equal monthly installments while the person is enrolled
in an approved program of education.

9.  U. S. Army Recruiting Command (USAREC) message 98-080 dated
12 November 1998 increased the total amounts of the ACF (to $33,000 for a
   3-year enlistment) effective 12 November 1998.  This message stated, in
part, "No attempt will be made to describe or provide applicants a
breakdown of the MONTGOMERY GI BILL AND ARMY COLLEGE FUND amounts.  The
amounts reflected above are the total combined amounts of the MGIB and ACF
authorized as of 12 Nov 98."

10.  The Department of Veterans Affairs booklet, Federal Benefits for
Veterans and Dependents, 2005 edition states the maximum number of months
veterans can receive MGIB benefits is 36 months at the full-time rate or
the part-time equivalent.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  However, nowhere in his
contract does it state the ACF would be in addition to the MGIB.  In
addition, in the absence of evidence to the contrary, administrative
regularity regarding the regulatory requirement for applicants for
enlistment to be advised of the ACF is presumed.

2.  The applicant's DA Form 3286-66, paragraph 1a stated that he was
enlisting, in addition to another incentive, for the ACF.  Paragraph 3
stated that, if his incentive in paragraph 1a was the ACF, he would be
awarded up to $33,000 for his 3-year enlistment at the accrual rate of
$916.66 per month served.

3.  Army Regulation 601-210, Table 9-4 explains the ACF and states
applicants for enlistment will be advised the ACF provides additional
educational assistance in addition to that earned under the MGIB.  USAREC
message 98-080 dated    12 November 1998 clarified that the amount
reflected was to be the total combined amount of the MGIB and ACF.  The
applicant enlisted in January 2001, and this clarification appears to have
been reflected in his enlistment contract – he would accrue his ACF benefit
at the rate $916.66 per month served (a combination of the MGIB's $800.00
accrual and the ACF's $116.66 accrual).  He served 36 months; $916.66 x 36
equals $32,999.76 (or $33,000).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__sk___    __jtm___  __rld___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  __Stanley Kelley______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003808                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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