RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 February 2007
      DOCKET NUMBER:  AR20060002927


      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 that he be paid the $33,000 Army College Fund
(ACF) kicker.

2.  The applicant states his enlistment contract states he was to receive
the $33,000 ACF in addition to his Montgomery GI Bill (MGIB) payout.  He
remained enrolled in the MGIB for the entire term of his service and paid
the required $1,200 for the benefits of the MBIG, but he is not receiving
the entire bonus amount of $33,000.  He believes there was a possible
misrepresentation by the recruiter during his enlistment process.  Nowhere
does his contract state the ACF and the MGIB would total $33,000.

3.  The applicant provides his DA Form 3286-66 (Statement of Understanding
United States Army Incentive Enlistment Program).

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.

2.  The applicant enlisted in the Delayed Entry Program on 8 July 1999.
His DA Form 3286-66, paragraph 1a states that he was enlisting for, in
addition to the   U. S. Army Training Program and a cash bonus, 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 8 July 1999, as required for
eligibility of the ACF incentive.

3.  The applicant enlisted in the Regular Army on 9 June 2000 for 3 years.

4.  On 30 November 2003, the applicant was honorably released from active
duty upon the completion of his required active service.

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 9 June 2000 for a 3-year enlistment, the
veteran's rate for basic MGIB benefits was $19,296.00 for a 3-year term of
service obligation.  Therefore, his ACF portion of his combined benefits
was $13,704.00 which equates to $380.67 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.

6.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  On 5 August 2006, the applicant concurred with the
advisory opinion.

7.  In a previous case, 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.

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."

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) 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 June 2000.  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.

4.  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 evidence presented does not demonstrate the existence of a probably
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                 |AR20060002927                           |
|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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