IN THE CASE OF:
BOARD DATE: 17 SEPTEMBER 2009
DOCKET NUMBER: AR20090005382
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, in effect, correction of her records to show she was eligible for the Army College Fund (ACF) incentive.
2. The applicant states, in effect, that her Armed Services Vocational Aptitude Battery (ASVAB) score was high enough for her to be eligible for the ACF incentive. She states that she was informed that if her score was high enough she would get the ACF incentive and that at no time was she informed that it was based on a military occupational specialty (MOS). She states she was led to believe she would get the ACF regardless of her MOS.
3. The applicant provides a copy of page 1 of her DD Form 1966 (Record of Military Processing); Officer Record Brief; DA Form 71 (Oath of Office); and Headquarters, United States Army Cadet Command, Orders Number
126-176-A-1555, dated 6 May 2006, in support of this application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show she enlisted in the Regular Army (RA) on 10 April 1997 and she reenlisted on 1 December 2000 and 30 July 2004. She was awarded the MOS of accounting specialist and was promoted to pay grade E-6.
3. The applicants DA Form 3286-59 (Statement for Enlistment), dated 10 April 1997, shows she enlisted for the U.S. Army Training Enlistment Program Option. The available evidence does not show she enlisted for the ACF incentive.
4. The applicants DD Form 2366 (Montgomery GI Bill Act of 1984 (MGIB)), dated 14 April 1997, shows the applicant was disenrolled from the MGIB because she was not eligible for the MGIB due to being a Service Academy Graduate or being in the Reserve Officers Training Corps (ROTC).
5. On 3 May 2006, the applicant was discharged from active duty to accept a commission in the Regular Army. She accepted a commission in the rank of second lieutenant on 4 May 2006.
6. Army Regulation 601-210 (RA and Army Reserve Enlistment Program), Table 9-4 of the version in effect at the time stated that enrollees electing the ACF incentive must remain enrolled in the MGIB.
7. In the processing of this case, on 6 July 2009, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Chief, Incentives and Budget Branch, Enlisted Accessions Division. The advisory official indicated that based on a review of the applicable Headquarters, Department of the Army incentive message, dated 3 February 1997, the MOS the applicant enlisted for was not associated with the ACF Option at the time. He also stated that the applicant was disenrolled from the MGIB, on 14 April 1997. He indicated that MGIB participation is a requirement for the ACF incentive and the MOS must be associated with the option as well.
8. The advisory opinion was forwarded to the applicant to allow her the opportunity to submit comments or a rebuttal. She did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records contain a DA Form 3286-59, dated 10 April 1997, indicating she enlisted for the U.S. Army Training Enlistment Program Option. However, there is no evidence indicating she enlisted for the ACF incentive.
In fact, her DD Form 2366 dated 14 April 1997, shows she was disenrolled from the MGIB because she was not eligible for the MGIB due to being in the ROTC. Therefore, she could not have qualified for the incentive.
2. Further, the applicant has provided no evidence that shows she was led to believe she was eligible for the incentive.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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.
_______ _ _XXX______ ___
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) AR20090005382
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ABCMR Record of Proceedings (cont) AR20090005382
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