RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 February 2007
DOCKET NUMBER: AR20050014879
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
Mr. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. Mark D. Manning
Chairperson
Mr. John T. Meixell
Member
Mr. Qawiy A. Sabree
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 his Army College Fund (ACF) be added to his Montgomery GI Bill (MGIB).
2. The applicant states, in effect, that when he enlisted into the Regular Army, he enlisted for the ACF instead of the enlistment bonus incentive. He understood that he would receive $26,500 for the ACF, and that this amount was separate from the MGIB. He also stated that he was counting on this amount of money to cover his living expense.
3. The applicant provides:
a. a copy of his DD Form 214 (Certificate of Release or Discharge From Active Duty); and
b. a copy of his DA Form 3286-66 (Statement of Understanding).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 28 January 2005. The application submitted in this case is dated
12 September 2005.
2. The applicant enlisted in the Regular Army on 19 November 2002. In conjunction with his enlistment, the applicant completed a DA Form
3286-66, which stated that he was enlisting for, in addition to the U. S. Army Training Enlistment Program, the U. S. Army College Fund. Paragraph 3 of that form stated that, if his incentive was the ACF, he would be awarded the amount of $26,500 for a 2-year enlistment. He enrolled in the MGIB on 19 November 2002, as required for eligibility of the ACF incentive.
3. He was awarded the military occupational specialty 91W1O (Medical Specialist). The applicant was honorably released from active duty on
28 January 2005.
4. In the processing of this case, an advisory opinion was provided by the Education Incentive Branch, Human Resources Command, Alexandria, Virginia (USAHRC). The USAHRC official confirmed that when the applicant entered active duty on 19 November 2002, the veteran's rate for basic MGIB benefits was $26,352 for a 2-year or more term of service obligation. However, the rates had increased to not less than $28,500 as of 1 October 2002. Therefore the applicant's ACF portion of his combined benefits was $2,148.12, which equates to $59.67 per month for up to 36 months worth of benefits. The USAHRC explained that many Soldiers entering active duty are erroneously led to believe they will receive the MGIB rate plus the dollar amount as indicated on the enlistment contract (ACF Addendum). The USAHRC official recommended that if the applicant's request is granted, the computation of any payment be based on the information provided in his paperwork. The amount is $26,352.00 The USARHC official recommended that any authorized compensation be sent directly to the applicant.
5. A copy of the advisory opinion was provided to the applicant for comment or rebuttal. On 11 May 2006, the applicant concurred with the advisory opinion.
6. 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 MGIB. 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.
7. U. S. Army Recruiting Command (USAREC) message 98-080 dated
12 November 1998 increased the total amounts of the ACT (to $26,352.00 for a 2-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."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been carefully considered.
2. It is acknowledged that nowhere in his contract does it state the ACF amount includes the MGIB. As such, in the absence of evidence to the contrary (such as sworn statements or affidavits from his recruiting officials) administrative regularity regarding the regulatory requirement for applicants for enlistment to be properly advised of the ACF is presumed.
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 the ACF. The applicant enlisted in November 2002. There is insufficient evidence to show he was not advised that the $26,500 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.
4. Regrettably, there is insufficient evidence which would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___qas__ ___mdm _ ____jtm_ 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.
________Mark D. Manning________
CHAIRPERSON
INDEX
CASE ID
AR20050014879
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070222
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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