BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120000635
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 to paid the full amount of the Army College Fund (ACF) incentive included in his enlistment paperwork and all back pay due for the months he attended university under the GI Bill.
2. The applicant states the Statement for Enlistment completed during his enlistment processing shows he enlisted for the ACF incentive and implies he would receive $50,000 in addition to his Montgomery GI Bill benefit.
3. The applicant provides the Statements for Enlistment completed during his enlistment processing and his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.
CONSIDERATION OF EVIDENCE:
1. The record shows the applicant enlisted in the Regular Army on 22 June 2004. The record contains a Statement for Enlistment United States Army Enlistment Program the applicant completed on 22 June 2004 during his enlistment processing. This document specifies the options the applicant enlisted for which included Option 376 (United States Army Incentive Enlistment Program- Enlistment Bonus + $50,000 ACF).
2. Paragraph 2 (Associated Options) of the statement for enlistment advised the applicant that the total amount of the $50,000 ACF listed included amounts authorized by the MGIB and that the ACF and MGIB were not separate entitlements or dollar amounts. The applicant and Service Representative signed this document on 22 June 2004.
3. On 21 June 2010, the applicant was honorably released from active duty.
4. In connection with the processing of this case, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlistment Accessions Division, Office of the Deputy Chief of Staff, G-1. This official recommended the applicants request be disapproved. He indicates the ACF is governed by a statute that stipulates the ACF incentive includes the basic MGIB and an additional stipend or kicker that when combined is equal to the full ACF amount in the enlistment contract. He further indicates a special law provided for the ABCMR to rectify cases involving the ACF; however, this special provision of law expired on 31 December 2009.
5. On 7 February 2012, the applicant was provided a copy of the DCS, G-1 advisory opinion in order to have the opportunity to reply to or rebut its contents. However, to date, he has failed to respond.
6. Chapter 30, Title 38 of the U.S. Code governs the ACF. It provides that the ACF incentive includes the basic MGIB plus an additional stipend and the ACF total is the combined amounts of the MGIB and ACF.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to be paid an ACF incentive of $50,000 in addition to the monies authorized by the MGIB has been carefully considered. However, there is insufficient evidence to support this claim.
2. By law, the total ACF incentive authorized is the combined amounts of the MGIB and ACF stipend or "kicker." Further, the applicant was informed of this in the enlistment statement he completed on 22 June 2004, during his enlistment processing. As a result, given he was or should have been aware that the total amount of his ACF incentive of $50,000 identified in his enlistment paperwork included both his MGIB and ACF incentive, there is an insufficient evidentiary basis to support granting the requested relief.
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) AR20120000635
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120000635
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015363
The applicant requests correction of his records to show entitlement to the full amount of the Army College Fund (ACF) "kicker bonus" that he contracted for upon enlistment in the U.S. Army. The advisory official states the ACF is an incentive that includes the MGIB plus an additional stipend or "kicker" that when added together is equal to the full ACF amount in the contract (in this case, $50,000). The evidence of record also shows the applicant is being paid under the Post-9/11 GI Bill...
ARMY | BCMR | CY2012 | 20120007821
The applicant requests, in effect, correction of his record to show a valid contract for a $40,000 Army College Fund (ACF) kicker and payment of ACF education benefits. The available evidence partially supports the applicant's request for correction of his record to show a valid contract for a $40,000 ACF kicker and payment of this benefit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by preparing a DA Form 3286-66...
ARMY | BCMR | CY2006 | 20060012447
His DA Form 3286-66 states that he was enlisting for the U. S. Army Station/ Command/Unit/Area Enlistment Program, a $4,000.00 U. S. Army Cash Bonus, and the U. S. Army College Fund in the amount of $50,000.00. The applicant's DA Form 3286-66 stated he was enlisting, in addition to other enlistment incentives, for the ACF at $50,000. 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.
ARMY | BCMR | CY2014 | 20140020382
The applicant requests, in effect, correction of his records to show entitlement to the full amount of the Army College Fund (ACF) "kicker bonus" that he contracted for upon enlistment in the U.S. Army. (1) For contracts written prior to 1 October 2004, in instances where Congress raised the basic GI Bill stipend, the impact of the ACF suffered since the MGIB plus "kicker" amount was still capped at the level listed in the contract, and the MGIB amount alone eventually exceeded the ACF...
ARMY | BCMR | CY2014 | AR20140010783
The applicant requests correction of his records to show entitlement to the full amount of the Army College Fund (ACF) "kicker bonus" that he contracted for upon enlistment in the U.S. Army. The applicant states when he initially enlisted in the U.S. Army he contracted for the ACF in the amount of $33,000.00. The evidence of record also shows the applicant is being paid under the MGIB (Post-9/11 GI Bill) with the ACF "kicker"; however, the amount is capped at the level listed in the contract.
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.
ARMY | BCMR | CY2006 | 20060012690
The applicant enrolled in the MGIB on 13 June 2000, as was required for eligibility of the ACF incentive. She also stated that the applicant's contract reflects $50,000, which included $19,296.00, which was the basic rate of the MGIB when the applicant entered active duty on 11 June 2000, and the remainder $30,704.00 was her ACF incentive. The evidence of record confirms the applicant enlisted in June 2000, and there is insufficient evidence to show she was not advised that the $50,000...
ARMY | BCMR | CY2005 | 20050014376
Mr. Carl W. S. Chun Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The opinion recommended the applicant's request be denied since he received the ACF amount as listed in his contract. The ACF fixed amount is therefore subtracted from the MGIB benefit to equal the ACF portion of the applicant's MGIB entitlement.
ARMY | BCMR | CY2006 | 20060010031
The Board considered the following evidence: Exhibit A - Application for correction of military records. 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. The evidence of record confirms the applicant enlisted in February 1994, and there is insufficient evidence to show he was not advised that...
ARMY | BCMR | CY2006 | 20060003331
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of his military records to allow him to receive educational benefits associated with the Montgomery GI Bill (MGIB) and the Army College Fund (ACF). 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.