MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 July 2003
	DOCKET NUMBER:   AR2003083778

	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. Maria C. Sanchez		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Regan K. Smith		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 enlistment contract be corrected to reflect he enlisted for the period of 2 years.

APPLICANT STATES:  In effect, that he enlisted for 6 years in order to be enrolled in the Army College Fund (ACF); however, he has since discovered that the minimum requirement to serve is for 2 years of active duty.

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

The applicant enlisted in the USAR on 1 May 2002 in San Diego, California under the delayed entry program.  He enlisted in the Regular Army on 19 September 2002 for a period of 6 years, training as a multiple launch rocket system repairer (MOS 27M) under incentives 9A (US Army Training Enlistment Program) and 9C (US Army Incentive Enlistment Program – Army College Fund).
He also indicated by his initials at the time on a DA Form 3286-66 (Statement of Understanding United States Army Incentive Program) that he understood he was enlisting for the Army College Fund (ACF) education incentive for the amount of $50,000.  In addition, he further indicated that no other promises had been made that were not annotated on his contract.

In the processing of this case a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Retention Management Division which opined that there was no evidence in his records to support his claim and that the applicant enlisted in two incentive programs (9A and 9C) for the period of 6 years, the minimum number of years required for this option.  The applicant initialed and signed several forms including DA Form 3286-66 understanding the amount of incentive and required term of enlistment of 6 years.  Additionally, the applicant acknowledged that if he does not fulfill his initial enlistment, he could forfeit his ACF benefits.

The advisory opinion was forwarded to the applicant for comment and no response has been received by the Board as of this date.

Army Regulation 601-210 sets forth the basic authority for the Regular Army and Army Reserve Enlistment Program.  Chapter 9, of that regulation provides, in pertinent part, the basic eligibility criteria for all applicants enlisting under Enlistment Programs and Options.  Table 9-4, Program 9C, US Army Incentive Enlistment Program – ACF states that soldiers who fail to complete their initial term of enlistment in the MOS which offered the ACF will forfeit entitlement to all benefits provided by the ACF, unless discharged for service connected disability, hardship, or convenience of the Government.  If discharged for the convenience of the Government, the minimum time must have been served, 30 months for terms 3 years or longer.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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.  In the absence of evidence to the contrary, it must be presumed that the actions taken by the Army in his case were correct.  The applicant has been afforded an opportunity to provide additional evidence to the Board to support his contentions and has failed to do so. Therefore, in the absence of evidence to the contrary, the Board must presume that the applicant read and understood what he was signing at the time and that what the Department did at the time was in accordance with applicable regulations.

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

__jhk ___  ___rks___  ___jm___  DENY APPLICATION

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

INDEX

CASE ID	AR2003083778	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/07/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  222	112.0000/enlistment contract	
2.  225	112.0300/term of enlistment	
3.  1018	103.0100/ACF	
4.		
5.		
6.