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 applicant’s 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 applicant’s 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