MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:           24 October 2000
	DOCKET NUMBER:  AR2000040946

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. John T. Meixell		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his entitlements for the Army College Fund (ACF) and for the Montgomery GI Bill (MGIB) together be increased from $29,000 to $44,000.

APPLICANT STATES:  In effect, his enlistment contract does not state that the MGIB moneys are included in the $25,000 that he is entitled to receive as a result of enlisting for the ACF.  He perceives that since the MGIB moneys and the ACF moneys together equal $25,000, the ACF moneys only equal $10,000.  He submits a copy of his DA Form 3286-66 (Statement of Understanding-United States Army Incentive Enlistment Program) and a copy of his DA Form 
2366 (MGIB Act of 1984) contract in support of his request.

EVIDENCE OF RECORD:  The applicant's military records show:

On 31 January 1997 he enlisted in the Delayed Entry Program.  On 11 March 1997, he enlisted in the Regular Army (RA) for a period of 3 years and 17 weeks. His DD Form 3286-66 (Statement of Understanding-United States Army Incentive Enlistment Program), shows that his enlistment options included Option 9B (US Army Station, Command, Unit, Enlistment Program), Option 9C (Army College Fund) with entitlements up to $25,000, and training in military occupational specialty (MOS) 11X10 (Infantry).  

The applicant authenticated both his DA Form 3286-66 and his DD Form 
3266 indicating that he understood the provisions of the ACF and of the MGIB.

The applicant’s DD Form 149 (Application for Correction of Military Record) shows that he was honorably discharged on 17 May 2000.

In connection with his application, the Total Army Personnel Command (PERSCOM), opined (COPY ATTACHED), in essence, that the ACF is an enlistment option which must be included in the individual’s initial enlistment agreement found on his DA Form 3286-66.  In order to be eligible for the ACF, the applicant was required to enroll in the MGIB and he was required to remain eligible for the MGIB.  As of 1 April 1993, the amount stated included basic MGIB.  The applicant’s enlistment contract indicates that he enlisted for the 
3 year, ACF, up to $25,000.  Therefore, he is entitled to receive only the benefits authorized on his enlistment contract.  The PERSCOM recommends disapproval of the applicant’s request.  

The above advisory opinion was referred to the applicant for comment or rebuttal and he did not respond.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The applicant enlisted for the ACF.  At that time, he acknowledged in writing that he understood the provisions of the MGIB and of the ACF and that he would receive $25,000 in total educational benefits.  Therefore, the Board must presume regularity in the processing of his enlistment contract.  He has provided no probative evidence to the contrary.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __esc___  __jtm ___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000040946	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001024	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	20000517	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.