RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 February 2007
      DOCKET NUMBER:  AR20060010130


      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 paid the full $33,000
Army College Fund (ACF) entitlement promised him during his enlistment
processing.

2.  The applicant states, in effect, his enlistment contract forms
confirmed he was entitled to a $33,000 ACF.

3.  The applicant provides DA Form 3286-59 (Statement for Enlistment,
United States Army Enlistment Program, United States Army Delayed
Enlistment Program) and Separation Document (DD Form 214) in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Delayed Entry Program on 26 April 2002.
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 $33,000 for a 3-year
enlistment.

2.  The applicant enlisted in the Regular Army on 10 June 2002, and
enrolled in the Montgomery GI Bill (MGIB) on 14 June 2002, as was required
for eligibility of the ACF incentive.

3.  On 9 June 2005, the applicant was honorably released from active duty
upon the completion of his required active 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.  United States Army Recruiting Command (USAREC) Message 98-080, dated 12
November 1998, increased the total amounts of the ACF, effective
12 November 1998.  This message stated, in pertinent part, that "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 contention that he should receive a full amount of
$33,000 for his ACF enlistment option was carefully considered.  Although
it is not entirely clear from his application, it appears the applicant's
issue is that the $33,000 ACF kicker listed in his enlistment contract is a
combined total of MGIB and ACF kicker money, and it is acknowledged that
nowhere in his contract does it state the ACF amount includes the MGIB.

2.  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.

4.  The evidence of record confirms the applicant enlisted in April 2002,
and 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.  Thus, there is an insufficient evidentiary basis to grant the
requested relief.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

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                 |AR20060010130                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/02/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2005/06/09                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |103.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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