RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 July 2007
DOCKET NUMBER: AR20070001297
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. John T. Meixell
Chairperson
Mr. Robert J. Osborn II
Member
Mr. Michael J. Flynn
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 $30,000 Army College Fund (ACF) kicker.
2. 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.
3. The applicant provides a copy of page 13 of his enlistment contract showing his ACF to be $30,000.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 8 May 1997. He completed his initial training and was awarded military occupational specialty 92L1O (Petroleum Laboratory Specialist).
2. 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. 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 for the ACF incentive.
3. On 7 May 2000, the applicant reenlisted in the Regular Army as a sergeant, pay grade E5. He continued to serve until his honorable discharge on 7 May 2005. He attained the rank of staff sergeant, pay grade E6, and had completed
8 years of creditable active duty.
4. An advisory opinion was provided by the Chief, Education Incentives Branch, US Army Human Resources Command (AHRC), on 15 June 2007. It was recommended that this Board approve the applicant's request for the ACF as stated on his enlistment contract. It was opined that from 1 April 1993 to 30 September 2004, the dollar amounts reflected on a Soldier's enlistment contract, DA Form 3286-66, have combined MGIB and ACF benefits. This form did not clarify this information and was blatantly misleading to the applicant entering active duty. The proponent of the form was the US Army Recruiting Command (USAREC). The USAREC revised the form and produced it in an electronic format to include the changes.
5. It was further stated that the applicant's contract reflected $30,000.00, which included the basic rate of the MGIB. However, as of 7 March 1997, the rates had increased to not less than $40,000. When the applicant entered active duty on 8 May 1997, for a 4-year enlistment, the Veteran's rate for basic MGIB benefits was $15,403.32 for a 4-year term of service obligation. Therefore, the ACF portion of his combined benefits was $24,596.68 which equates to $683.24 per month up to 36 months worth of benefits. Many Soldiers entering active duty erroneously were led to believe that they would receive the MGIB rate plus the dollar amount as indicated on the enlistment contract (stipulated at time of enlistment).
6. It was further opined and recommended that if the Board decided to grant compensation, that the computation of any payment be based on the MGIB rate of $15,403.32 when he entered active duty. It was concluded that if the Board did authorize any compensation, that any amount so authorized be sent directly to the Soldier.
7. On 27 June 2007, the applicant concurred with the advisory opinion.
8. 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.
9. 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.
2. 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 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.
3. Regrettably, there is insufficient evidence which would warrant granting the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
__JTM___ __MJF__ __RJO __ GRANT FORMAL HEARING
________ ________ ________ 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.
___ John T. Meixell____
CHAIRPERSON
INDEX
CASE ID
AR20070001297
SUFFIX
RECON
DATE BOARDED
20070719
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
112.0000
2.
3.
4.
5.
6.
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 | CY2004 | 20040005403C070208
The applicant's DA Form 3286-66, paragraph 1a states that he was enlisting, in addition to the U. S. Army Training Enlistment Program, for the "US Army College Fund $30,000." The applicant's DA Form 3286-66, paragraph 1a stated that he was enlisting, in addition to the U. S. Army Training Enlistment Program, for the "US Army College Fund $30,000." The DVA informed the applicant that he would receive $35,460.00 in MGIB benefits plus $24,165.40 for his ACF benefits.
ARMY | BCMR | CY2006 | 20060002658C071029
Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant provides her DA Form 3286-66 (Statement of Understanding United States Army Incentive Enlistment Program); her DD Form 214 (Certificate of Release or Discharge from Active Duty); and an email from the Department of Veterans Affairs. In a prior case, the Education Incentives Branch, USAHRC confirmed that the ACF is a fixed amount based on the...
ARMY | BCMR | CY2009 | 20090010901
The applicant requests that he be paid $40,000.00 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 $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...
ARMY | BCMR | CY2009 | 20090008599
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 | 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...
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 | CY2006 | 20060002927C071029
Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. When the applicant entered active duty on 9 June 2000 for a 3-year enlistment, the veteran's rate for basic MGIB benefits was $19,296.00 for a 3-year term of service obligation. 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.
ARMY | BCMR | CY2005 | 20050016988C071029
Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. His DA Form 3286-66, paragraph 1a states that he was enlisting for, in addition to other incentives, the U. S. Army College Fund. There is insufficient evidence to show he was not advised that the $26,500 listed as his ACF benefit was the total combined amount of the MGIB and the ACF.