IN THE CASE OF:
BOARD DATE: 17 September 2009
DOCKET NUMBER: AR20090003920
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be paid $33,000 in Army College Fund (ACF) benefits as outlined in his enlistment contract.
2. The applicant states, in effect, that when he enlisted he was promised $33,000 for college with the ACF. He was never made aware that part of the $33,000 included the amount he was to receive for his Montgomery GI Bill (MGIB). He was under the impression that the ACF of $33,000 was a separate entity.
3. The applicant provides a DA Form 3286-66 (Statement of Understanding, United States Army Incentive Enlistment Program), a U.S. Department of Veterans Affairs (VA) Discussion Thread, and a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 19 June 2003 for a period of 3 years.
2. The applicants records contain a DA Form 3286-66 [date unreadable] which shows in paragraph 1a that he enlisted for a cash bonus. Paragraph 3 of this form contains the hand-written word "VOID" over the ACF terms. Paragraph 9 states in part, "I have read and understand the statements above and that these statements are intended to constitute ALL promises and guarantees whatsoever concerning my enlistment. No other (verbal or otherwise) promise or representation not annexed to my enlistment contract is valid or will be honored." This form was authenticated by the applicant's signature.
3. The applicant's records also contain a DA Form 3286-66, dated 22 March 2003, which shows in section 5 that he did not enlist for the ACF or Loan Repayment Program. The applicant authenticated this form with his signature.
4. A DD Form 2366 (Montgomery GI Bill Act of 1984) shows the applicant enrolled in the MGIB as required for eligibility of the ACF incentive. This form states, "I UNDERSTAND THAT I MAY BE ELIGIBLE FOR THE ACF. I WILL COMPLETE A SEPARATE STATEMENT OF UNDERSTANDING FOR ENLISTMENT IN THE ACF." This section contains the hand-written note "ACF $33.000" and the applicant's initials.
5. On 18 June 2006, the applicant was released from active duty.
6. The applicant provided a copy of a VA Discussion Thread which shows that the applicant coordinated with the GI Bill website regarding his claim that his ACF was being paid incorrectly. He was informed that military records show that he was only entitled to a "kicker" in the amount of $16.67 per full-time enrollment and was advised to contact the department of the "Navy" concerning any discrepancy.
7. The Education Incentives Branch, U.S. Army Human Resources Command, confirmed that the ACF is a fixed amount based on the month and year the member entered active duty.
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 educational assistance in addition to that earned under the MGIB. The money earned would be deposited in the Soldier's VA 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 VA booklet, Federal Benefits for Veterans and Dependents, states the VA will pay education benefits for training in college, technical, or vocational school to eligible veterans. Benefits are reduced for part-time training. The VA 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.
10. Section 549, Duncan-Hunter National Defense Authorization Act for Fiscal Year 2009, Public Law 110-417, authorizes the Secretary of the Army to consider through the Army Board for Correction of Military Records, a request for the correction of military records relating to the amount of the ACF benefit to which a member or former member may be entitled under an Army Incentive Program contract. If the Secretary of the Army determines that the correction of military records is appropriate, the Secretary may pay such amounts as the Secretary considers necessary to ensure fairness and equity with regard to the request.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he is entitled to additional ACF benefits was carefully considered and it was determined that there is insufficient evidence to support his claim.
2. Notwithstanding the fact that the MGIB form shows the handwritten entry "ACF $33,000," the applicant's records clearly show in several documents authenticated with his signature that he declined enlistment for ACF benefits and the only incentive he elected was a cash bonus.
3. Absent evidence which clearly shows the applicant elected to participate in the ACF at the time that he completed his DA Form 3286-66, there is no basis to grant the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ___x_____ ____x____ 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.
____________x_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20090003920
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ABCMR Record of Proceedings (cont) AR20090003920
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