RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 April 2007
DOCKET NUMBER: AR20060010031
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, that he be paid the $50,000 Army College Fund (ACF) entitlement promised him during his enlistment processing.
2. The applicant states, in effect, that he signed up for the ACF with the understanding he would receive $30,000.00 in addition to his Montgomery GI Bill (MGIB) benefit. He states that he served honorably in the Army for 12 years and he is entitled to receive the full benefits promised him under the MGIB as well as his ACF incentive.
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 9 November 1993. His DA Form 3286-66 Statement of Understanding, United States Army Incentive Enlistment Program), Paragraph 1a, states that in addition to the Training of Choice and Cash Bonus Options, he was enlisting for 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 $30,000 for a 4-year enlistment. He enrolled in the MGIB, as required for eligibility of the ACF incentive.
2. On 2 February 1994, the applicant enlisted in the Regular Army for 4 years, and entered active duty.
3. On 30 April 2006, the applicant was honorably released from active duty upon the completion of his required active service after completing a total of 12 years, 2 months, and 29 days of active military service.
4. 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.
5. 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 $30,000.00 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 that 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 February 1994, and there is insufficient evidence to show he was not advised that the $30,000 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
___JI _ __SAP___ __QAS__ DENY APPLICATION
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.
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.
_____John Infante_______
CHAIRPERSON
INDEX
CASE ID
AR20060010031
SUFFIX
RECON
NO
DATE BOARDED
2007/04/03
TYPE OF DISCHARGE
HONORABLE
DATE OF DISCHARGE
2006/04/30
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Completion of required service
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
103.0100
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070001297
The applicant states that his 4-year enlistment contract provided for a $30,000 ACF in addition to his Montgomery GI Bill (MGIB) benefit, but his records in the Army Education Office show his combined benefit to be $30,000. The applicants DA Form 3286-66 (US Army Incentive Enlistment Program), paragraph 1a states that he was enlisting for, in addition to the United States Army Training Enlistment Program, the U. S. Army College Fund. It was further stated that the applicant's contract...
ARMY | BCMR | CY2007 | 20070000904
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 July 2007 DOCKET NUMBER: AR20070000904 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 applicant requests, in effect, that he be paid the $30,000.00 Army College Fund (ACF) kicker. It stated that applicants for enlistment would be advised of the following: The ACF provided additional educational...
ARMY | BCMR | CY2006 | 20060005839
x The Board considered the following evidence: Exhibit A - Application for correction of military records. 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 evidence of record confirms the applicant enlisted in July 1997, and there is insufficient evidence to show he was not advised that the $30,000 listed as his ACF benefit was the total combined amount of the MGIB...
ARMY | BCMR | CY2005 | 20050014376
Mr. Carl W. S. Chun Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The opinion recommended the applicant's request be denied since he received the ACF amount as listed in his contract. The ACF fixed amount is therefore subtracted from the MGIB benefit to equal the ACF portion of the applicant's MGIB entitlement.
ARMY | BCMR | CY2006 | 20060006183C071029
Dale E. DeBruler | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. 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...
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 | 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 | 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 | 20090004523
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 | 20090002351
The applicant requests that she be paid $30,000.00 in Army College Fund (ACF) benefits as outlined in her enlistment contract. The applicants military records may be corrected to show her 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...