RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 3 July 2007
DOCKET NUMBER: AR20060017817
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Eric N. Andersen
Chairperson
Mr. Scott W. Faught
Member
Ms. Ernestine I. Fields
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 her enlistment contract be honored as written, and receive full payment of the Army College Fund (ACF) in the amount of $40,000.
2. The applicant states, in effect, that she signed a contract stipulating she would receive a $40,000.00 Army college fund in addition to her Montgomery GI Bill (MGIB) totaling approximately $68,000.00.
3. The applicant provides a copy of her enlistment contract to include statements of understanding, DD Form 2366 (MGIB), security clearance application, report of medical examination, and her social security card, residence card and Indiana state identification card.
CONSIDERATION OF EVIDENCE:
1. On 30 May 2002, the applicant enlisted in the Regular Army for 4 years. Her DA Form 3286-59 shows she was enlisting for the United States Army Station/Command/Unit/Area Enlistment Program, Continuental United States; and the ACF. Her DD Form 2366 shows that she was enrolled in the MGIB and the ACF for $40,000.
2. The applicant completed basic training and advanced individual training and was awarded military occupational specialty 63B2O (Wheeled Vehicle Mechanic).
3. On 29 May 2006, the applicant was honorably released from active duty and transferred to the 1538th Transportation Company, South Bend, Indiana, United States Army Reserve. She attained the rank of sergeant, pay grade E5 and had completed 4 years of creditable active duty.
4. In the processing of this case, an advisory opinion was obtained from the Chief, Education Incentives Branch, United States Army Human Resources Command. The chief stated that from 1 April 1993 to 30 September 2004, the dollar amounts reflected on a Soldiers enlistment contract, DA Form 3286-66, showed a combined MGIB and ACF benefit. This form did not clarify this information and was blatantly misleading to the applicant entering active duty. The proponent of the form is the United States Army Recruiting Command who has since revised the form and produced it in an electronic format to include appropriate changes. The applicants contract reflects a $40,000 benefit. This dollar amount included the basic rate of the MGIB at the time of her enlistment on 30 May 2002, which was $28,800.00. The remainder is her ACF incentive of $11,200.00. The chief recommended approval of the ACF in the amount of $11,200.00, as indicated by her contract.
5. On 20 June 2007, the applicant submitted her rebuttal to the advisory opinion. She stated her recruiter told her that she would receive $40,000.00 from the ACF in addition to her MGIB benefit, which would be more than enough to pay for her education at Notre Dame. Therefore, she did not agree with the advisory opinion and asked that the Army fulfill its part of the agreement.
6. 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
GI Bill. 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.
7. USAREC Message 98-080, dated 12 November 1998, increased the total amounts of the ACF (to $40,000 for a 4-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.
2. It is acknowledged that nowhere in her 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.
4. The applicant enlisted in May 2002. The evidence is insufficient to show she was advised that the $40,000 listed in her contract as her ACF benefit was in addition to the MGIB.
5. In view of the above, the applicants request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ENA__ _EIF ____ __SWF __ 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.
__ Eric N. Andersen_____
CHAIRPERSON
INDEX
CASE ID
AR20060017817
SUFFIX
RECON
DATE BOARDED
20070703
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
112.0000
2.
3.
4.
5.
6.
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...
ARMY | BCMR | CY2006 | 20060014142C071108
On 27 March 2007, the Education Incentives Branch, USAHRC confirmed the ACF portion of the applicant's MGIB entitlement should have been reflected as $11,600.00 (or $311.11 in 36 equal installments). U.S. Army Recruiting Command (USAREC) message 98-080, dated 12 November 1998, increased the total amounts of the ACF (to $40,000.00 for a 4-year enlistment), effective 12 November 1998. USAREC message 98-080, dated 12 November 1998, clarified that the amount reflected was to be the...
ARMY | BCMR | CY2007 | 20070003745C071029
The applicant's DA Form 3286-66 stated she was enlisting, in addition to another enlistment incentive, for the ACF for $40,000. The above correction will allow the Board to pay the applicant an additional ACF payment up to $19,286.00 or $536.00 per month in 36 monthly installments, for the time she was/is enrolled in an approved program of education. As a result, the Board recommends that Department of the Army records of the individual concerned be corrected by amending her DA Form...
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 | 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 | 20060006059
The applicant requests, in effect, that he be paid the full $40,000 Army College Fund (ACF) entitlement in addition to the Montgomery GI Bill (MGIB) benefit promised him during his enlistment processing. Paragraph 32a of the DD Form 1966/3 prepared at the time states that in addition to the United States Army Training Enlistment Program and Cash Bonus, he was enlisting for an ACF incentive of $40,000, and he was enrolled in the MGIB on 23 June 2001, as required for eligibility of the ACF...
ARMY | BCMR | CY2007 | 20070001185
The applicant requests that he be paid $40,000 in Army College Fund (ACF) benefits as outlined in his enlistment contract. His DA Form 3286-66 (Statement of Understanding, United States Army Incentive Enlistment Program), paragraph 1a states that he enlisted for, in addition to the U.S. Army Training Program and a cash bonus ($2,000), the ACF. Providing the applicant the amount of the Army College Fund indicated in his enlistment contract would be the correct thing to do.
ARMY | BCMR | CY2009 | 20090004442
The applicant requests that he be paid $40,000 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 $40,000.00 (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...
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 | 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.