RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 APRIL 2007
      DOCKET NUMBER:  AR20060012683


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |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 $50,000.00 Army
College Fund (ACF) kicker.

2.  The applicant states, in effect, that his enlistment contract clearly
states and defines two separate monetary amounts of $19,008.00 for the
Montgomery GI Bill (MGIB) and $50,000.00 for the ACF to be paid to the
individual who signed the contract.  He also states, in effect, the
enlistment contract he signed included training in his military
occupational specialty (MOS), in addition to the $50,000.00 ACF bonus.  He
further states, in effect, that he did not receive a cash enlistment bonus
in lieu of receiving the $50,000.00 ACF bonus and requests equitable relief
in the amount of $19,008.00.

3.  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, Additional
Requirements for Enlistment Options), dated 11 May 1999; and 2 DD Forms
2366 (Montgomery GI Bill Act of 1984), dated  11 May 1999 and 13 August
1999.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the
U.S. Army Reserve Delayed Entry Program on 12 May 1999 and entered active
duty in the Regular Army (RA) on 11 August 1999 for a period of 4 years.
Upon completion of basic combat training and advanced individual training,
the applicant was awarded MOS 11B (Infantryman).

2.  The applicant's military service records contain a USAREC Form 1150-R-
E, dated 11 May 1999.  Item 11 (Incentive Information) of this form shows
that he enlisted for the ACF $50,000.00.

3.  The applicant's service records contain a DA Form 3286-59 (Statement
for Enlistment, U.S. Army Enlistment Program, U.S. Army Delayed Enlistment
Program), Annex A, dated 11 May 1999.  Item 1 (Acknowledgement) of this
document shows that he enlisted for the U. S. Army
Station/Command/Unit/Area Enlistment Program, U.S. Army Incentive
Enlistment Program, ACF ($50,000.00) and that the date of his enlistment in
the RA was scheduled for 11 August 1999.
4.  The applicant's service records contain a DA Form 3286-66 (Statement of
Understanding, United States Army Incentive Enlistment Program), dated
11 May 1999.  Item 1a of this document shows that he was enlisting in the
RA for, in addition to the U. S. Army Training Enlistment Program, the ACF.
Paragraph 3 states, if his incentive in paragraph 1a was the ACF, he would
be awarded the amount of $50,000.00 (for a 4-year enlistment) provided that
he remained enrolled in the GI Bill to retain this incentive.

5.  The applicant's service records contain a DA Form 3286-67 (Statement of
Understanding, Army Policy), Annex B, dated 11 May 1999.  Item 5 of this
document shows that he enlisted for the MGIB and ACF Educational Incentive
Programs and contains the applicant's initials under the "Yes" column in
this item.  This document also shows that it was authenticated by the
applicant and the Army Guidance Counselor on 11 May 1999.

6.  In support of his application, the applicant provides copies of 2 DD
Forms 2366 (Statement of Montgomery GI Bill Act of 1984), dated 11 May 1999
and
13 August 1999; which are in addition to the documents discussed above.
The DD Forms 2366 show in Item 2 (Statement of Understanding), section c
(All Other Service Members), in pertinent part, that the applicant was
eligible for the MGIB and understood he was automatically enrolled in the
MGIB unless he exercised the option to disenroll by signing Item 4 of the
document.  These documents also show that the applicant affixed his
signature to this section of the statement of understanding that he was
enrolled in the MGIB, as required for eligibility of the ACF incentive.
Item 4 (Statement of Disenrollment) of the documents is absent the
applicant's signature.

7.  The applicant's military service records show that he reenlisted in the
RA on 18 March 2003 for a period of 3 years.  His records also show that he
served in Afghanistan and Iraq in support of Operation Enduring/Iraqi
Freedom from
28 February 2003 to 22 June 2003, 7 November 2003 to 9 December 2003,
15 March 2004 to 25 May 2004, 30 June 2004 to 10 October 2004, and 5 April
2005 to 16 July 2005.  The applicant attained the rank of staff
sergeant/pay grade E-6 and was honorably released from active duty in the
RA on 17 March 2006 after completing 6 years, 7 months, and 7 days active
service.

8.  In the processing of this case, an advisory opinion was provided by the
Education Incentives Branch, U. S. Army Human Resources Command (USA HRC),
Alexandria, Virginia.  On 14 March 2007, that office noted that since
1 April 1993 (to 30 September 2004) the dollar amounts reflected in a
Soldier's enlistment contract (i.e., on the 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.  The
advisory official adds that the proponent of the form, the U.S Army
Recruiting Command, has since revised the form and produced it in an
electronic format, to include appropriate changes.

9.  The advisory opinion states that the applicant's contract reflects
$50,000.00 ACF.  This dollar amount included $19,008.00, which was the
basic rate of the veteran's MGIB when the applicant entered active duty on
11 August 1999.  The remaining amount (i.e., $30,992.00) is his ACF
incentive.  To determine the monthly rate for the applicant's ACF
incentive, $30,992.00 is divided by
36 months of benefits and therefore equates to $860.89 per month for up to
36 months of benefits for full time training.  The advisory recommended
that, if the Board grants the applicant's request, the computation of any
payment be based on the basic rate of the MGIB when he entered active duty
and adds that total was $19,008.00.  It also recommended that any
authorized compensation be sent directly to the applicant.

10.  On 21 March 2007, a copy of the advisory opinion was provided to the
applicant for comment or rebuttal.  To date, the applicant has failed to
provide a response.

11.  Table 9-4 of Army Regulation 601-210 (Regular Army and Army Reserve
Enlistment Program), dated 28 February 1995 (the version in effect at the
time of the applicant's enlistment), explains the ACF.  It states
applicants for enlistment will be advised of the following:  The ACF
provides additional educational assistance in addition to that earned under
the GI Bill.  The money earned is deposited in the Soldier's Department of
Veterans' Affairs account.  Normally, the funds will be disbursed to the
participant in 36 equal monthly installments while the person is enrolled
in an approved program of education.

12.  Headquarters, U.S. Army Recruiting Command (USAREC) message 98-080,
dated 12 November 1998, increased the total amounts of the ACF (to
$50,000.00 for a 4-year enlistment in a priority MOS), effective 12
November 1998.  This message stated, in pertinent 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."

13.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the ABCMR.  The regulation
provides that the ABCMR begins its consideration of each case with the
presumption of administrative regularity. The applicant has the burden of
proving an error or injustice by a preponderance of the evidence.

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 the RA
in August 1999.  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.

4.  Regrettably, there is insufficient evidence which would warrant
granting the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WDP_  ___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.




                                  ____William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012683                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/04/26                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20060317                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Service          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |103.0100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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