RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 MARCH 2007
DOCKET NUMBER: AR20060003331
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 the ACF does not include the MGIB; they are separate entities under his enlistment contract. He maintains that he was told that the $50,000.00 Army College Fund he enlisted for did not include the GI Bill.
3. The applicant provides his DD Form 2366 (Montgomery GI Bill Act of 1984), DA Form 3286-59 (Statement of Understanding United States Army Incentive Enlistment Program) and his enlistment documents.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Regular Army for a period
of 5 years on 8 June 2001. As part of his enlistment contract, he was eligible
to participate in the US Army Enlisted Bonus Program which consisted of $50,000.00 for the Army College Fund.
2. The applicant's DD Form 2366, dated 13 June 2001, shows he signed the form indicating the following pertinent information: He was eligible for the MGIB based on his initial entry on active duty after June 30, 1985; he understood that he was automatically enrolled unless he exercised the option to disenroll by signing a statement of disenrollment; he understood that unless he disenrolled from the MGIB his basic pay will be reduced $100.00 per month or the current monthly rate for each of the first 12 full months of active duty and this basic pay reduction could not be refunded, suspended or stopped; he must complete 36 months of active duty service before he was entitled to the current rate of monthly benefits for a period of 36 months. The applicant did not sign the statement of disenrollment contained on this form.
3. Annex B, to the applicant's enlistment contract, shows that he enlisted for the MGIB and the ACF education incentive programs.
4. 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 $50,000.00 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 8 June 2001, for a 5-year enlistment, the veteran's rate for basic MGIB benefits was $23,400.00 for a 3-year term of service obligation. The ACF portion of his combined benefits was $26,600.00 which equates to $738.89 per month for up to 36 months worth of benefits. Therefore, approval of the applicant's request and total payment in the amount of $23,400.00 for the MGIB was recommended. The advisory opinion was forwarded to the applicant and he concurred on 29 April 2006.
5. 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.
6. U. S. Army Recruiting Command (USAREC) message 98-080 dated 12 November 1998 increased the total amounts of the ACF (to $50,000 for a 5-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 2001. 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.
4. 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
AR20060003331
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.
112.00
2.
3.
4.
5.
6.
ARMY | BCMR | CY2006 | 20060011855
The Chief, EIB, recommended approval of the applicantÂ’s request for ACF benefits as stated on his enlistment contract. This dollar amount included $23,400.00 which was the basic rate of the MGIB when the applicant entered active duty on 2 November 2000, and the remaining, $26,600.00, was his ACF incentive. There is insufficient evidence to show he was not advised that the $50,000.00 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.
ARMY | BCMR | CY2006 | 20060012447
His DA Form 3286-66 states that he was enlisting for the U. S. Army Station/ Command/Unit/Area Enlistment Program, a $4,000.00 U. S. Army Cash Bonus, and the U. S. Army College Fund in the amount of $50,000.00. The applicant's DA Form 3286-66 stated he was enlisting, in addition to other enlistment incentives, for the ACF at $50,000. 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 | CY2006 | 20060012683C071108
The applicant provides a copy of an Enlistment Reservation Sheet, undated; USAREC Form 1150-R-E (Statement of Understanding - Army Policy, USAREC Addendum to DD Form 1966 Series), dated 11 May 1999; DA Form 3286-59 (Statement for Enlistment, U.S. Army Enlistment Program, U.S. Army Delayed Enlistment Program), Annex A, dated 11 May 1999; DA Form 3286-67 (Statement of Understanding, Army Policy), Annex B, dated 11 May 1999; DA Form 3286-70 (Addendum to Statements for Enlistment,...
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 | CY2006 | 20060007072
The applicant's military service records show that he enlisted in the U.S. Army Reserve Delayed Entry Program on 19 September 2001 and entered active duty in the Regular Army (RA) on 27 June 2002, for a period of 4 years. Item 1 (Acknowledgement) of this document shows that he enlisted for the U. S. Army Training Enlistment Program, U.S. Army Incentive Program, Cash Bonus (3,000.00), the ACF ($50,000.00), and that the date of his enlistment in the RA was scheduled for 27 June 2002. There...
ARMY | BCMR | CY2006 | 20060002857
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides: his DA Form 3286-66 (Statement of Understanding United States Army Incentive Enlistment Program); his DD Form 214 (Certificate of Release or Discharge from Active Duty); and college transcripts. 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 | CY2006 | 20060002110C071108
Dale E. DeBruler | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides his DA Form 3286-66 (Statement of Understanding United States Army Incentive Enlistment Program); DA Form 3286-59 (Statement of Enlistment, United States Army Enlistment Program), and his DD Form 214 (Certificate of Release or Discharge from Active Duty. There is insufficient evidence to show he was not advised that the $40,000.00...
ARMY | BCMR | CY2005 | 20050017437C071029
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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. The evidence of record confirms the applicant enlisted in July 2000, and 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 | CY2005 | 20050016988C071029
Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. His DA Form 3286-66, paragraph 1a states that he was enlisting for, in addition to other incentives, the U. S. Army College Fund. 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.
ARMY | BCMR | CY2006 | 20060014185
Member Mr. Gerald J. Purcell Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his enlistment contract be honored as written, and that he receive a full payment of the Army College Fund (ACF) in the amount of $33,000. 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.