RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 February 2007
      DOCKET NUMBER:  AR20050015344


      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. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. Ronald D. Gant                |     |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, in effect, that his enlistment contract states he
was to receive the $33,000 ACF in addition to his Montgomery GI Bill (MGIB)
payout.

3.  The applicant provides his initial enlistment contract and his DD Form
       214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Enduring Freedom.

2.  The applicant enlisted in the Delayed Entry Program on 19 December
1997.  His DA Form 3286-66, paragraph 1a states that he was enlisting for,
in addition to another incentive, the U. S. Army College Fund.  Paragraph 3
states that, if his incentive in paragraph 1a was the ACF, he would be
awarded the amount of $33,000 for a 3-year enlistment.  He enrolled in the
MGIB on 19 December 1997, as required for eligibility of the ACF incentive.

3.  The applicant enlisted in the Regular Army on 10 February 1998 for 3
years.

4.  On 24 November 2004, the applicant was honorably discharged due to
parenthood.

5.  In the processing of this case, an advisory opinion was provided by the
Education Incentives Branch, U. S. Army Human Resources Command (USAHRC).
That office noted that since 1 April 1993 the dollar amounts reflected on a
Soldier's enlistment contract, DA Form 3286-66, have combined MGIB and ACF
benefits.  It noted that the DA Form 3286-66 does not clarify that
information and is misleading to the member entering active duty.  When the
applicant entered active duty on 10 February 1998, the veteran's rate for
basic MGIB benefits was $15,834.60 for a 3-year term of service obligation.
 Therefore, the ACF portion of his combined benefits was $17,165.40, which
equates to $476.81 per month for up to 36 months worth of benefits.  Many
Soldiers entering active duty were erroneously led to believe they would
receive the MGIB rate plus the dollar amount as indicated on the enlistment
contract.  They recommended that, if the applicant's request is granted,
the computation of any payment be based on the information provided in his
paperwork.  They also recommended that any authorized compensation be sent
directly to the applicant.
6.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  The applicant did not respond within the given time
frame.

7.  In prior, similar cases, the Education Incentives Branch, USAHRC
confirmed that the ACF is a fixed amount based on the month and year the
member entered active duty.

8.  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.

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.  However, 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 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

__jcr___  __dkh___  __rdg___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.




                                  __Jeffrey C. Redmann__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015344                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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