RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 MARCH 2007
DOCKET NUMBER: AR20050017276
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.
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, correction of his military records to allow him to receive educational benefits associated with the Montgomery GI Bill (MGIB) and the Army College Fund (ACF).
2. The applicant states that he elected option 9C as an enlistment incentive which awarded him $25,000.00 under the ACF in addition to the MGIB. He said he recently received a letter from Veterans Affairs (VA) stating he would only receive $1,270.57 which did not appear to be correct. The applicant said he was referred to a Department of the Army representative who informed him that he was locked-in to the 1998 MGIB rates. The applicant maintains that he should receive the current GI Bill rate of $1,004.00 and $694.44 for the ACF.
3. The applicant provides his DD Form 2366 (Montgomery GI Bill Act of 1984), Enlistment and Reenlistment Documents and excerpts from Army Regulation 601-210.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army for a period
of 3 years on 10 September 1998. As part of his enlistment contract, he was eligible to participate in the US Army Enlisted Bonus Program which consisted of $25,000.00 for the Army College Fund.
2. The applicant's DD Form 3286-66 (Statement of Understanding united States Army Incentive Enlistment Program) dated 10 September 1998, shows that he enlisted for the ACF education incentive program. Additionally, the applicant was required to remain enrolled in the GI Bill to retain the ACF incentive.
3. On 21 September 1998, the applicant signed DD Form 2366 for enrollment in the MGIB.
4. The applicant provided an excerpt from Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) and highlighted the portion that states the ACF provides additional education assistance in addition to that earned under the GI Bill.
5. In the processing of this case, the Board obtained an advisory opinion from the Human Resources Command, Chief, Education Incentives Branch. It was opined that the applicant's enlistment contract reflects $25,000.00 which includes the combined MGIB and ACF benefits. The applicant's enlistment contract does not clarify this information and is blatantly misleading. When the applicant entered active duty on 10 September 1998, for a 3-year enlistment, the veteran's rate for basic MGIB benefits was $15,834.60 for a 3-year term of service obligation. The ACF portion of his combined benefits was $9,165.40 which equates to $254.59 per month for up to 36 months worth of benefits. Therefore, approval of the applicant's request and total payment in the amount of $15,834.60 for the MGIB was recommended. The advisory opinion was forwarded to the applicant and he concurred on 20 June 2006.
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 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.
7. The Department of Veterans Affairs booklet, Federal Benefits for Veterans and Dependents, 2006 edition, states the Department of Veterans Affairs will pay $1,034.00 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. While it is acknowledged that nowhere in his contract does it state 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 $25,000.00 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
___TR___ __JR ___ __JH ___ 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.
______ Thomas Ray_________
CHAIRPERSON
INDEX
CASE ID
AR20050017276
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070301
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.
103.00
2.
3.
4.
5.
6.
ARMY | BCMR | CY2005 | 20050014616
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of her military records to allow her to receive educational benefits associated with the Montgomery GI Bill (MGIB) and the Army College Fund (ACF). The applicant's DD Form 2386-67 (Statement of Understanding) shows that she enlisted for the MGIB and the ACF education incentive programs.
ARMY | BCMR | CY2004 | 20040005403C070208
The applicant's DA Form 3286-66, paragraph 1a states that he was enlisting, in addition to the U. S. Army Training Enlistment Program, for the "US Army College Fund $30,000." The applicant's DA Form 3286-66, paragraph 1a stated that he was enlisting, in addition to the U. S. Army Training Enlistment Program, for the "US Army College Fund $30,000." The DVA informed the applicant that he would receive $35,460.00 in MGIB benefits plus $24,165.40 for his ACF benefits.
ARMY | BCMR | CY2009 | 20090011005
The applicant's military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, "If ACF benefits in the amount of $30,000.00 (exclusive of MGIB 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 in the amount of $30,000.00 over the amount of the MGIB benefits, the Army may pay said benefits in...
ARMY | BCMR | CY2006 | 20060003331
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of his military records to allow him to receive educational benefits associated with the Montgomery GI Bill (MGIB) and the Army College Fund (ACF). There is insufficient evidence to show he was not advised that the $50,000 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.
ARMY | BCMR | CY2009 | 20090007738
The applicant provides his Statement for Enlistment - United States Army Enlistment Program and his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his application. The applicants military records may be corrected to show his Statement for Enlistment - United States Army Enlistment Program was amended to include the sentence, "If ACF benefits in the amount of $30,000.00 (exclusive of MGIB benefits) were authorized by the official processing you for...
ARMY | BCMR | CY2006 | 20060003430
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of her military records to allow her to receive educational benefits associated with the Montgomery GI Bill (MGIB) and the Army College Fund (ACF). 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.
ARMY | BCMR | CY2009 | 20090004452
The applicant requests that he be paid $40,000.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, "If ACF benefits in the amount of $40,000.00 (exclusive of MGIB 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...
ARMY | BCMR | CY2009 | 20090003335
The applicant requests that he be paid $30,000.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract. The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, "If ACF benefits in the amount of $30,000.00 (exclusive of MGIB 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...
ARMY | BCMR | CY2009 | 20090004025
The applicants military records may be corrected to show his DA Form 3286-66 was amended to include the sentence, "If ACF benefits in the amount of $33,000.00 (exclusive of MGIB 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 in the amount of $33,000.00 over the amount of the MGIB benefits, the Army may pay said benefits in...
ARMY | BCMR | CY2005 | 20050003808C070206
Robert L. Duecaster | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. At the time the applicant enlisted, the ACF and the MGIB was a combination of the benefit (MGIB) and the incentive (ACF).