IN THE CASE OF:	  

		BOARD DATE:	  30 June 2015

		DOCKET NUMBER:  AR20140018433 


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 his records be corrected to show he is entitled to $25,200 of Army College Fund (ACF) benefits.

2.  The applicant states, in effect, that in November 2011 his records were corrected to show he was entitled to ACF benefits in the amount of $14,400.  However, while unpacking his awards he discovered his USAREC Form 778 (Headquarters, U.S. Army Recruiting Command Certificate) which shows he is entitled to $25,200 in ACF benefits and he desires to have his records corrected accordingly. 

3.  The applicant provides a copy of an advisory opinion dated 15 November 2011 and a USAREC Form 778 dated 25 August 1987.

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 on 25 August 1987 for a period of 8 years under the delayed entry program.  He enlisted in the Regular Army on 6 July 1988 for a period of 4 years, training in military occupational specialty (MOS) 13C (Tactical Fire Operations Specialist), the ACF and assignment to Europe.   His DA Form 3288-60/6 (Statement for Enlistment U.S. Army Enlistment Options – Continued) states he must remain enrolled in the GI Bill which requires a deduction from his pay and that the contributions are non-refundable.  Further, he would forfeit his entitlement to the ACF if he disenrolled from the GI Bill.

3.  The applicant's DD Form 2366 (Veterans' Educational Assistance Act of 1984 (GI Bill) shows he enrolled in the Montgomery GI Bill (MGIB).  Item 3 (Statement of Enrollment) states he must remain enrolled for the first 12 months of active duty.  He must complete 3 years of service before he is entitled to $300 per month for 36 months (total value $10,800) and he must use his benefits within 10 years of his separation or discharge from active duty.  Item 5 (Unique Service Education Assistance Options) shows 4-year enlistment in MOS 13C, and options 9-20 (U.S. Army Section Station of Choice) and 9-28 (ACF).  The applicant dated and signed this form.  

4.  He completed his training at Fort Sill, Oklahoma and was transferred to Germany for his first assignment.  He remained on active duty through a series of continuous reenlistments and served foreign service tours in Germany, Japan and Korea. 

5.  On 31 October 2010 he retired in the pay grade of E-7 due to sufficient service for retirement.  He served 22 years, 3 months and 25 days of active service.

6.  On 25 August 2011, the applicant applied to the Board (Army Docket Number AR20110017536) to have his records corrected to show his entitlement to the ACF.  In the processing of this case a staff advisory opinion was obtained from the U.S. Army Human Resources Command (HRC) which opined that the applicant was eligible for a 4-year award of the ACF in the amount of $14,400 and that HRC took steps to update the Manpower Data Center Education Benefits database to show the applicant was eligible for the ACF as a 4-year enlistee in the amount of $14,400.  The staff of the Board advised the applicant by letter that action had been taken by the HRC to update his records and that action by the Board was not necessary. 

7.  The applicant disagreed with the 25 August 2011 HRC resolution letter and reapplied to the Board for his ACF in the amount of $25,200.  

8.  In the processing of this case, a staff advisory opinion was again obtained from the HRC which recommended disapproval of the applicant’s request for an ACF in the amount of $25,200.  The official explained that the $25,200 amount the applicant claims he is entitled to receive under the ACF is a combination of: 

* $14,400 is his entitlement for his ACF based on his 4-year enlistment
* $10,800 is his entitlement under the MGIB ($300.00 x 36 months for the year 1988, the year he enlisted). 

9.  The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.

10.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), Enlistment Option 9-28 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 Department of Veterans Affairs (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.  In addition, Table 5-1 shows that enlistees who enlist for the $14,000 ACF must enlist for 4 years.

11.  The MGIB, as outlined in Title 38, U.S. Code, chapter 30, provides for soldiers who entered the service after 30 June 1985, to contribute $1,200.00 during their first 12 months service.  After completion of their service obligation, he or she is entitled to up to 36 months of educational benefits.  The program is administered by the VA.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his records should be corrected to show he is entitled to $25,200 in ACF benefits has been noted and found to lack merit.

2.  The applicant’s contractual enlistment records show his initial ACF entitlement for his 1988 4-year enlistment is $14,400 and his records were corrected accordingly in 2011.  That amount combined with his MGIB entitlement of $10,800 amounts to $25,200 which is the full amount of educational benefits as printed in his award certificate.  The award certificate is not a contractually binding document.  It is used as a presentational tool to present to the new Soldier upon his enlistment. 
3.  Accordingly, there appears to be no error or injustice in his case and no statute or regulatory basis to grant his 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.




      _______ _   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)                                         AR20140018433



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ABCMR Record of Proceedings (cont)                                         AR20140018433



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