IN THE CASE OF:	  

		BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090014588 


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 he be paid $66,744.00 in Army College Fund (ACF) benefits as outlined in his enlistment contract.

2.  The applicant states, in effect, that when he enlisted, he was promised $66,744.00 for college with the ACF.  He was never made aware that part of the $66,744.00 included the amount he was to receive for his Montgomery GI Bill (MGIB).  He was under the impression that the ACF of $66,744.00 was a separate entity.

3.  The applicant provides a Statement for Enlistment - United States Army Enlistment Program and a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 4 August 2005 for a period of 4 years.

2.  The applicant’s Statement of Enlistment - United States Army Enlistment Program, paragraph 1a, states that he enlisted for the ACF in the amount of $66,744.00.  The "Army College Fund Entitlement Based on MGIB and Years of Enlistment" section of this form provides a chart that breaks down the term of service, maximum monthly payment for MGIB and ACF, and maximum total monthly payment.  The form further shows that the applicant was entitled to $36,144.00 in MGIB benefits and $30,600.00 in ACF benefits for a total of $66,744.00.

3.  Paragraph 2a of the enlistment form contains the following statement:  "The total amount of this entitlement consists of the ACF amount combined with the MGIB."

4.  The applicant enrolled in the MGIB as required for eligibility of the ACF incentive.

5.  On 3 August 2009, the applicant was released from active duty.

6.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), Table 9-4 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.

7.  The VA booklet, Federal Benefits for Veterans and Dependents, states the VA will pay education benefits for training in college, technical, or vocational school to eligible veterans.  Benefits are reduced for part-time training.  The VA will pay an additional amount, commonly called a "kicker" or "college fund," if directed by the Department of Defense.  The maximum number of months veterans can receive MGIB benefits is 36 months at the full-time rate or the part-time equivalent.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Statement for Enlistment - United States Army Enlistment Program stated he was enlisting for the ACF for $66,744.00.

2.  Evidence clearly shows that $66,744.00 is the combined education benefits including the MGIB and ACF to which the applicant is entitled.

3.  Therefore, based on the foregoing, the applicant's records are correct as currently constituted and there is no basis to grant the relief requested.



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)                                         AR20090014588



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090014588



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1