RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 February 2007
      DOCKET NUMBER:  AR20060006183


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 provided the total
$25,000.00 ACF kicker authorized in his enlistment contract.

2.  The applicant states, in effect, he signed up for the ACF with the
understanding he would receive $25,000.00 in addition to his Montgomery GI
Bill (MGIB) benefit.  He states that when they finally processed his ACF
benefit, he received only $9,596.68, which he is now told is the difference
between his MGIB benefit and his ACF kicker amount of $25,000.00.

3.  The applicant provides his enlistment documents in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Delayed Entry Program on 22 August 1996.
A Statement of Understanding United States Army Incentive Enlistment
Program
(DA Form 3286-66) completed during his enlistment processing confirms, in
paragraph 1a, that in addition to the United States Army Training
Enlistment Program (Option 9A), he was also enlisting for the United States
ACF incentive.  Paragraph 3 states that if his incentive in paragraph 1a
was the ACF, he would be awarded the amount of $25,000.00 for a 3 year
enlistment.  He enrolled in the MGIB, as required for eligibility of the
ACF incentive.

2.  On 8 October 1996, the applicant enlisted in the Regular Army for 3
years, and entered active duty.

3.  On 7 October 1999, the applicant was honorably released from active
duty upon the completion of his required active service, after completing a
total of
3 years of active military service.

4.  On 6 March 2006, in response to Congressional Inquiry made on behalf of
the applicant, the Director, Army Continuing Education, United States Army
Human Resources Command (HRC), indicated that the $25,000.00 dollar amount
included in the applicant's enlistment contract includes the basic rate of
the MGIB at the time of enlistment, which was $15,403.32 and the remaining
portion of the $25,000.00 total, which was $9,596.68, was the ACF.  He
further indicated that the Department of Veterans Affairs (VA) awarded the
applicant the appropriate benefits on 10 March 2005, and if the applicant
believes he was shorted the $15,403.32 difference, he should apply to this
Board.

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 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.

6.  The Department of Veterans Affairs booklet, Federal Benefits for
Veterans and Dependents, 2006 edition, states the Department of Veterans
Affairs will pay $1,034 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.  However,
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.

2.  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.
Therefore, administrative regularity regarding the regulatory requirement
for applicants for enlistment to be properly advised of the ACF is
presumed.

3.  The evidence of record confirms the applicant enlisted in August 1996,
and there is insufficient evidence to show he was not advised that the
$25,000 listed as his ACF benefit was the total combined amount of the MGIB
and the ACF.  Thus, there is an insufficient evidentiary basis to support
granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___HOF _  ___WFC_  __DED__  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.




                                  _____Hubert O. Fry_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060006183                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1999/10/07                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |Denial                                  |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |103.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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