RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 May 2007
DOCKET NUMBER: AR20060012905
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. Paul Wright
Analyst
The following members, a quorum, were present:
Mr. Hubert O. Fry, Jr.
Chairperson
Mr. Thomas E. O'Shaughnessy, Jr.
Member
Mr. James R. Hastie
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 his enlistment contract be amended to show that he enlisted for both the Montgomery GI Bill (MGIB) and the Army College Fund (ACF) kicker.
2. The applicant states, in effect, that he was never notified his military occupational specialty (MOS) 93P was not eligible for the ACF. He indicates that someone scratched out his initials for ACF and put NA next to his original initials. He went through four years of service thinking he had the ACF. No one ever came to him and told him he could not get the ACF. He feels his good service, his awards, and his lack of punishments should be considered and he be granted the ACF.
3. The applicant provides no documentation.
CONSIDERATION OF EVIDENCE:
1. On 19 July 2000, the applicant enlisted the Delayed Entry Program. His DA Form 3286-59 (Statement for Enlistment United States Army Enlistment Program U.S. Army Delayed Enlistment Program) show he was enlisting for the U.S. Army Training Enlistment Program and Army School Course MOS 93P1O, Aviation Operations Specialist. His DD Form 2366 (Montgomery GI Bill Act of 1984) shows he was enrolled in the MGIB. His DA Form 3286-67 (Statement of Understanding Army Policy) shows the following elections for educational incentive programs MGIB (Yes), ACF (Yes, then changed to No), and Loan Repayment Program, or LRP (No).
2. On 10 July 2001, the applicant enlisted in the Regular Army for a period of 4 years. His DA Form 3286-63 (Statement for Enlistment United States Army Training Enlistment Program) shows he enlisted for MOS 93P1O, Aviation Operations Specialist.
3. He completed Basic Combat Training (BCT) and Advanced Individual Training (AIT). Upon graduation, he was awarded MOS 93P1O. During 2004 this specialty was converted to MOS 15P1O, Aviation Operations Specialist.
4. On 5 May 2005, the applicant was honorably discharged for disability with severance pay. He had 3 years, 9 months, and 24 days of creditable active Federal service. His DD Form 214 shows he was awarded the Army Good
Conduct Medal, the National Defense Service Medal, the Global War on Terrorism Service Medal, the Army Lapel Button, the Army Service Ribbon, the Aircraft Crewman Badge, and the Air Assault Badge.
5. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), Table 9-4 of the version dated 28 February 1995 (the version in effect at the time of the applicant's enlistment), explains that the ACF is an enlistment incentive option designed to aid in the recruitment of highly qualified Soldiers for critical or shortage MOS. The ACF supplements the basic MGIB entitlement. It states applicants for enlistment will be advised that the ACF provides educational assistance in addition to that earned under the MGIB. The money earned is deposited in the Soldier's Department of Veterans' Affairs account. Normally, the funds will be dispersed to the participant in 36 equal monthly installments while the individual is 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. His DA Form 3286-67 clearly shows he initialed the "Yes" column for ACF participation and that it was crossed out and the "No" column was then initialed. However, the applicant has provided no proof that he, himself, did not make the correction.
2. The applicant's MOS was not included in the ACF enlistment incentive program.
3. 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___ __teo___ __jrh___ 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
AR20060012905
SUFFIX
RECON
DATE BOARDED
20070522
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(DENY)
REVIEW AUTHORITY
ISSUES 1.
103.0100
2.
3.
4.
5.
6.
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 | 20060007186C071108
Dale E. DeBruler | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. On 13 October 2006, the Education Incentives Branch, USAHRC confirmed the ACF portion of the applicant's MGIB entitlement should have been reflected as $4,200.00 (or $116.67 in 36 equal installments). 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.
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 | 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 | 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 | 20060000510
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 $40,000. It is acknowledged that nowhere in his contract does it state the ACF amount includes the MGIB. There is insufficient evidence to show he was advised that the $40,000 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.
ARMY | BCMR | CY2006 | 20060010130C071029
Dale E. DeBruler | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. The evidence of record confirms the applicant enlisted in April 2002, and there is insufficient evidence to show he was not...
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 | CY2007 | 20070004584
He further states, in effect, that his enlistment contract shows "ACF - $40,000", not "ACF & MGIB - $40,000." The applicant's service records contain a DA Form 3286-66 (Statement of Understanding, U.S. Army Incentive Enlistment Program), Annex D, dated 28 June 2000. There is insufficient evidence to show he was not advised that the $40,000.00 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.
ARMY | BCMR | CY2006 | 20060009229
Item 1 (Acknowledgement) of this document shows that she enlisted for the U. S. Army Training Enlistment Program, U.S. Army Incentive Program, Cash Bonus ($1,000.00), the ACF ($40,000.00), and that the date of her enlistment in the RA was scheduled for 8 January 2002. The applicant's service records contain a DA Form 3286-66 (Statement of Understanding, United States Army Incentive Enlistment Program), dated 8 January 2002. There is insufficient evidence to show she was not advised that...