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ARMY | BCMR | CY2005 | 20050014376
Original file (20050014376.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20050014376 


	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



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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 $33,000.00 Army College Fund (ACF) kicker.

2.  The applicant states, in effect, that his enlistment contract did not state the Montgomery GI Bill (MGIB) basic rate.  This contract stated in section 1 that he would be enlisted for 3 years and in section 1(b) and section 3, than as an incentive to said enlistment, he would be awarded the ACF in the amount of $33,000.00.  The only connection this contract made in relation from the ACF to the MGIB was stated in section 3.  The contract stated he must remain enrolled in the GI Bill to retain this incentive.  He also states that he is currently enrolled in college, and the Army only intends to pay him $8,807.76 of that money.  It would be distributed evenly over 36 monthly entitlements as a "kicker" to his GI Bill benefit.

3.  The applicant provides copies of his DA Form 3286-66 (Statement of Understanding, United States Army Incentive Enlistment Program) and his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  On 7 January 2002, the applicant enlisted in the Delayed Entry Program.  His DA Form 3286-66, paragraph 1a states that he was enlisting for, in addition to the U. S. Army Station/Command/Unit/Area Enlistment Program, the U. S. Army College Fund – Cash Bonus in the amount of $2,000.  Paragraph 3 states that, if his incentive in paragraph 1a was the ACF, he would be awarded the amount of $33,000.00 for a 3-year enlistment.  He enrolled in the MGIB on 14 February 2002, as required for eligibility of the ACF incentive.

2.  The applicant enlisted in the Regular Army (RA) on 12 February 2002 for 3 years.

3.  On 11 February 2005, the applicant was honorably released from active duty upon the completion of his required active service.

4.  In the processing of this case, an advisory opinion was provided by the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G1.  The G1 official stated that the applicant enlisted in the RA on 12 February 2002 and was separated on 11 February 2006[sic].  The applicant 

was guaranteed the ACF in the amount of $33,000.00 and a $2,000.00 enlistment bonus when he enlisted.  The applicant disputes the amount of college money that he actually received and alleges that the $33,000.00 ACF should be paid in addition to his MGIB benefit.

5.  The opinion also stated that the ACF is governed by statute in Chapter 30, Title 38, USC.  It is an incentive that includes the basic MGIB plus an additional stipend or "kicker" that when added together is equal to the full ACF amount in the contract (in this case $33,000.00).  In instances where Congress raises the basic GI Bill stipend, the impact of the ACF suffers since the MGIB plus ACF amount is still capped at the level listed in the contact.  The opinion recommended the applicant's request be denied since he received the ACF amount as listed in his contract.

6.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal on 23 March 2006.  He did not respond.

7.  The applicant did not provide college transcripts to show he was currently enrolled.

8.  On 23 June 2006, the Education Incentives Branch, USA Human Resources Command – Alexandria, Virginia, confirmed that the ACF portion of the applicant's MGIB entitlement should have been reflected as $4,200.00 (or $116.67 in 36 equal installments).  That office also confirmed that the ACF fixed amount for 2002 was $28,800.00 and the ACF is a fixed amount based on the month and year the member entered active duty.  The ACF fixed amount is therefore subtracted from the MGIB benefit to equal the ACF portion of the applicant's MGIB entitlement.  

9.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), Table 9-4 of the version in effect at the time, explained the ACF.  It stated that applicants for enlistment would be advised of the following:  The ACF provided additional educational assistance in addition to that earned under the GI Bill.  The money earned would be deposited in the Soldier's Department of Veterans Affairs account.  Normally, the funds would be disbursed to the participant in 36 equal monthly installments while the person was enrolled in an approved program of education.  

10.  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.  Benefits are reduced for part-time training.  The Department of Veterans Affairs will pay an additional amount, commonly called a "kicker" or "college fund" if directed by the Department of Defense.  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 carefully considered.

2.  It is acknowledged that nowhere in his contract does it stated the ACF includes the MGIB.  In the absence of evidence to the contrary (such as sworn statements or affidavits from his recruiting officials), there is insufficient evidence to show he was not advised that the $33,000.00 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.

3.  Regrettably, there is insufficient evidence which would warrant granting the relief requested.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___DED__  ___WFC  ___HOF _  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.




      ___________
                CHAIRPERSON



INDEX

CASE ID
AR20050014376
SUFFIX

RECON

DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY 
REVIEW AUTHORITY

ISSUES         1.
103.01
2.

3.

4.

5.

6.



ABCMR Record of Proceedings (cont)                                         AR20050014376


4


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508




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