IN THE CASE OF:	

		BOARD DATE:	  27 November 2012

		DOCKET NUMBER:  AR20120009223 


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 his records to show he enlisted for the Army College Fund (ACF) option.

2.  The applicant states that his enlistment contract specifies that he enlisted for military occupational specialty (MOS) 37F (Psychological Operations), along with the ACF enlistment option.  As a result, he didn't receive an enlistment bonus for MOS 37F, even though there was a bonus for enlisting in the MOS.

   a.  Later, when he entered active duty, a new annex to his contract was completed that did not include the ACF enlistment option.

   b.  He successfully completed his 4-year active duty service obligation and served in MOS 37F for the entire period.
   
   c.  He enrolled in college and the Department of Veterans Affairs (VA) paid him benefits under the Post 9-11 GI Bill.  However, he has not received any additional benefits for the ACF.

   d.  He contacted the VA regarding his ACF benefit and was told that a
DA Form 3286-66 (Statement of Understanding - U.S. Army Incentive Enlistment Program) was required.

   e.  He acknowledges that he cannot locate a copy of the form and he doesn't remember if he completed the form.

   f.  His congressman contacted the U.S. Army Human Resources Command (USA HRC) on his behalf regarding the ACF enlistment option.  On 21 March 2012, the Director, Army Continuing Education Services, responded by stating that since the applicant's final contract did not include the enlistment option, he is ineligible for the ACF.

3.  The applicant provides, in support of his application, copies of his enlistment documents and the USA HRC memorandum.

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the U.S. Army Reserve (USAR), Delayed Entry Program (DEP) on 1 February 2005.  He was discharged from the DEP on 
10 April 2005 and he enlisted in the Regular Army (RA) on 11 April 2005 for a period of 4 years.

3.  A DD Form 1966-Series (Record of Military Processing - Armed Forces of the United States), dated 1 February 2005 and updated on 11 April 2005, was prepared by the Army recruiter on the occasion of processing the applicant for his entrance into the U.S. Army.

	a.  Item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees), section a, shows he enlisted for a period of 4 years for the USA Training Enlistment Program, Option 04 (MOS 37F), and the USA Incentive Enlistment Program, Option 744 (ACF).

	b.  Section V (Recertification), item 34 (Recertification by applicant and correction of data at the time of active duty entry), paragraph a shows, "I have reviewed all information contained in this document this date.  That information is still correct and true to the best of my knowledge and belief.  If changes were required, the original entry has been marked "See Item 34" and the correct information is provided below."  The area below is blank (no entries), and the applicant and a witness signed the document on 11 April 2005.

4.  A Statement for Enlistment, U.S. Army Enlistment Program (DEP-IN), dated
1 February 2005, shows in:

	a.  item 1 (Acknowledgement), the applicant enlisted in the USAR for a period of 8 years and that he may enlist in the RA for a period of 4 years; and

	b.  item 2, upon enlistment into the RA, I will be enlisted under the provisions of Army Regulation 601-210.  Program or programs as indicated below:

Program	Title																Option
* 9A		USA Training Enlistment Program (USA Airborne) 	   			04
* 9C		USA Incentive Enlistment Program (ACF), $66,744, 4 Yrs	   744

   c.  It also shows he was assured of attending the school course for MOS 37F with no special qualifications.

   d.  Paragraph 3, section c, shows, "The incentive above is the ACF, I am entitled to the amount indicated, as it applies to the term of enlistment I am enlisting for.  I must quality, enroll, and remain enrolled in the Montgomery GI Bill (MGIB) to retain this incentive.  The total amount of this entitlement consists of the ACF amount combined with the MGIB.  The ACF amounts are fixed and based upon status as a fulltime student (amount is prorated if less than fulltime); the MGIB entitlements may increase due to cost of living adjustments.  The payment is made in single monthly payments combining the ACF and MGIB dollar amounts while I am enrolled as a student.  I must separate from my active duty enlistment with a fully honorable discharge, and under most circumstances, complete my initial active duty obligation."
   
   e.  It also shows the ACF entitlement based on MGIB and years of enlistment and, in pertinent part, the maximum payments for a 4-year enlistment as:

* $36,144 (MGIB)
* $30,600 (ACF)
* $66,744 (Maximum Total Payment)

	f.  The applicant and an Army official each affixed their signature to the statement on 1 February 2005.


5.  A Statement for Enlistment, U.S. Army Enlistment Program (DEP-OUT), dated 11 April 2005, shows in:

	a.  Item 1, the applicant enlisted in the RA.

   Program	Title																Option
* 9B		USA Station/Unit/Area/Command Enlistment Program			19

   b.  It also shows he was assured of attending the school course for MOS 37F with no special qualifications.

	c.  The applicant and an Army official each affixed their signature to the statement on 11 April 2005.

6.  A DD Form 2366 (MGIB Act of 1984), dated 12 April 2005, shows in item 3 (Statement of Understanding for All Eligible Members), the applicant was eligible for the MGIB and that he understood he was automatically enrolled in the MGIB unless he exercised the option to disenroll by signing item 5 of the document.

	a.  The applicant affixed his signature to item 3, section a, of the statement indicating he was automatically enrolled in the MGIB (as required for eligibility of the ACF incentive).

	b.  Item 6 (Certifying Official) shows the document was signed by an Army official on 12 April 2005.

7.  The applicant's service records do not contain a DA Form 3286-66.

8.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was honorably released from active duty on 10 April 2009 based on completion of required active service and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  He had completed 4 years of active service this period that included 9 months and 18 days of foreign service in Afghanistan.

9.  Policy guidance previously obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Washington, DC shows that the DEP-OUT form is the predecessor to the
DA Form 3286 (dynamic annex, copy B).

10.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), Table 9-4, dated 28 February 1995 (the version in effect at the time of the applicant's enlistment), explains the ACF.  It states applicants for enlistment will be advised of the following:  The ACF provides additional educational assistance in addition to that earned under the GI Bill.  The money earned is deposited in the Soldier's VA account.  Normally, the funds will be disbursed to the participant in 36 equal monthly installments while the person is enrolled in an approved program of education.

11.  USA Recruiting Command message 03-033, date-time-group 142014Z March 2003, mirrored Headquarters, Department of the Army (HQDA) message, dated 14 March 2003, subject:  Enlistment Incentive Program Changes, effective 17 March 2003.  It provides guidance that the ACF, when combined with the MGIB, provides a maximum total benefit amount.  It also states that guidance counselors will annotate the correct amount on the DA Form 3286-66 and will ensure Soldiers understand the importance of maintaining the DA Form 3286-66 for verification to VA of ACF benefits.  Applicants may combine the ACF with all other incentives except the Loan Repayment Program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention has been carefully considered.

2.  The applicant's enlistment contract (i.e., DD Form 1966 and DEP-IN, dated
1 February 2005) clearly shows the applicant enlisted for the $30,600.00 ACF option at the 4-year rate.

   a.  The applicant's DEP-OUT (annex) form, dated 11 April 2005, which is the predecessor to the DA Form 3286-66, is missing the ACF data.  However, the DD Form 2366, dated 12 April 2005, clearly shows the applicant acknowledged his understanding of the MGIB enrollment requirements.  In addition, records show he understood that his MGIB entitlement ($36,144.00) coupled with his ACF entitlement ($30,600.00) amounted to total maximum benefit of $66,744.00.

   b.  On 11 April 2005, the applicant and an Army official recertified the applicant's DD Form 1966 (issued on 1 February 2005) that included the ACF enlistment option, and they certified that the information was correct and true with no indication of any changes.  As such, the ACF enlistment option should have been listed on his contract annex and/or a DA Form 3286-66.

3.  Therefore, it would be appropriate to correct the DEP-OUT annex to show he enlisted for the ACF option and provide the applicant a DA Form 3286-66 showing he enlisted in the RA for 4 years for the ACF ($30,600.00) option.


BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to his DEP-OUT annex form the entry:  "Request Option 744, USA Incentive Enlistment Program (Army College Fund - $30,600 (ACF), $36,144 (MGIB), and $66,744 (Maximum Total Payment).




      _______ _   _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)                                         AR20120009223



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ABCMR Record of Proceedings (cont)                                         AR20120009223



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