BOARD DATE: 17 November 2009
DOCKET NUMBER: AR20090018680
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 she be paid $10,424.32 in Army College Fund (ACF) benefits as outlined in her enlistment contract.
2. The applicant states, in effect, that when she enlisted she was promised $10,424.32 for college with the ACF. She was never made aware that part of the $10,424.32 included the amount she was to receive for her Montgomery GI Bill (MGIB). She was under the impression that the ACF of $10,424.32 was a separate entity.
3. The applicant provides a DA Form 3286-66 (Statement of Understanding, United States Army Incentive Enlistment Program) 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 (RA) on 16 February 1996 for a period of 3 years.
2. The applicants records contain a DA Form 3286-66, dated 16 February 1996 which shows in paragraph 1a that she enlisted for a cash bonus and does not indicate the applicant would receive ACF benefits. Paragraph 3 of this form states that "if the incentive in 1a above is US Army College Fund, I will be awarded the amounts indicated below." The form contains a handwritten
paragraph which indicates a separate payment amount for MGIB and ACF. [The payments indicated are not supported by the contracts completed at the time. Contracts completed at the time did not distinguish between ACF and MGIB payments]
3. 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.
4. On 13 October 1999, the applicant was discharged by reason of disability, with severance pay.
5. The Education Incentives Branch, U.S. Army Human Resources Command (USAHRC), confirmed that the applicant was not enrolled in the ACF program.
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 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.
7. 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.
8. 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 she is entitled to additional ACF benefits was carefully considered and it was determined that there is insufficient evidence to support her claim.
2. Notwithstanding the fact that the applicant's DA Form 3286-66 shows the handwritten entry indicating separate payments for ACF and MGIB benefits, this form clearly shows the applicant enlisted for a cash bonus and does not indicate that the applicant is entitled to the ACF incentive.
3. Absent evidence which clearly shows the applicant elected to participate in the ACF at the time that she completed her 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.
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