ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 21 January 2020 
DOCKET NUMBER: AR20170006696

APPLICANT REQUESTS: correction of his initial enlistment contract to properly reflect 
his entitlement to the Montgomery G.I. Bill Army College Fund (ACF) in the amount of
$950.00 rather than $350.00 per month.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
   *	DA Form 3286 Annex A and B (Statement for Enlistment)
   *	DD Form 214 (Certificate of Release or Discharge from Active Duty) 
FACTS:
1.	The applicant states that he was offered enlistment incentives for a Soldier who was 
entering the Army Reserve in the amount of $350.00 per month, rather that the Regular 
Army in the amount of $950.00 per month. Prior to entering upon active duty he was 
again offered the Army College Fund for an Army Reserve Soldier rather than that of a 
Regular Army Soldier enlisting for a period of six years. He contests that he should 
have been offered the Army College Fund payable at a rate of $950.00, instead of
$350.00. Had he enlisted for 3 years, rather than the 6 years that he contracted for, he 
should have been offered $350.00 rather than $950.00. He was advised by the Army 
G-1 to apply for correction of his initial enlistment contract through the ABCMR as his 
contract should read “entitlement to the Army College Fund incentive of $950 monthly” 
based on his initial 6 year enlistment contract.

2.	A review of the applicant’s available service records reflects the following on:

*	28 October 2008 – he enlisted in the Army Reserve for 8 years (6 years active 
duty and 2 years in a reserve component)
*	12 November 2008 – he was discharged from the Delayed Entry Program and 
entered active duty/Regular Army
*	31 August 2016 (Order# 244-0060) – he was discharged from the Regular Army 
effective 24 November 2016 due to disability (Non-Combat); credited with over 8 
years of service




3.	The applicant provides the following a:

*	DA Form 3286 Annex A (Statement for Enlistment) dated 28 October 2008 – 
reflective of his initial enlistment into the Army Reserve for 8 years with an 
entitlement to the MGIB Kicker in the amount of $350; date of enlistment into the 
Regular Army was scheduled for 12 November 2008.
*	DA Form 3286 Annex B (Statement for Enlistment) dated 12 November 2008 – 
reflective of his initial enlistment into the Regular Army
*	DD Form 214 (Certificate of Release or Discharge from Active Duty) dated
24 November 2016 – reflective of his discharge from the Army due to disability 
(Non-Combat)

4.	In an email communication from the Human Resources Command Finance and 
Incentives Branch, the applicant was advised that he was offered enlistment incentives 
for a Soldier who was entering the Army Reserve, not the Regular Army. One of those 
erroneous incentives was the Army College Fund, payable at $350 a month for 36 
months. Upon his Delayed Entry Program (DEP) out-processing on
DA Form 3286- Annex B, he was again offered the Army College Fund of $350 for an 
Army Reserve Soldier, which was not correct since he entered the Regular Army, not 
the Army Reserve. For Soldiers entering the Regular Army in 2008, for a period of six 
years, he should have been offered the Army College Fund at the monthly payable rate 
of $950, not $350. Further stated is that the Army G-1 mandated that he apply to the 
ABCMR to have his initial enlistment contract amended to correct the Army College 
Fund that should have been offered to him as a Regular Army enlistee.

5.	See additional applicable guidance below under REFERENCES.

BOARD DISCUSSION:

1.	The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his 
enlistment documents, his record of service, the correspondence with AHRC and the 
appearance of an error in his records related to his entitlement for the ACF. Based on a 
preponderance of evidence, the Board determined that the applicant’s records required 
correction.

2.	After reviewing the application and all supporting documents, the Board found that 
relief was warranted.





BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X
:X
:X
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
:
:
:
DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief. As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by:

-	Amending the applicant’s enlistment contract to reflect he was offered an ACF 
incentive associated with enlistment in the Regular Army, and;
-	Show that he is entitled to the Army College Fund at monthly payable rate of
$950 vice $350 for the term of his incentive.






  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.





REFERENCES:

1.	Title 10, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.	Army Regulation (AR) 621-202 (Army Educational Incentives and Entitlements) 
states that Public Law (PL) 98–525 established the MGIB and 38 USC Chapter 30, and 
provides guidance for this program.  Soldiers who completed a qualifying term of 
service were eligible if they served 3 or more years of continuous active duty (AD) if the 
obligated period of service was 3 or more years, or served 2 or more years of 
continuous AD if the obligated period of service was less than 3 years, or served 2 
years continuous AD plus 4 years in the Selected Reserve (SELRES). Soldiers must 
complete 24 months of continuous AD before becoming eligible to receive in-service 
benefits under the MGIB, and ACF, if eligible. Since 1 April 1993, the MGIB and ACF 
amounts have been presented as a combined enlistment incentive package. It is an 
incentive that includes the basic MGIB plus an additional stipend or Kicker that when 
added together is equal to the full ACF amount in the contract. For contracts written 
prior to 1 October 2004, in instances where Congress raised the basic Government 
Issue (GI) Bill stipend, the impact of the ACF suffered since the MGIB plus ACF amount 
was still capped at the level listed in the contract, and the MGIB amount alone 
eventually exceeded the ACF amount. Contracts issued on/after 1 October 2004 were 
and are subject to a DOD-imposed cap that may or may not negated further ACF. All 
Soldiers/Veterans claiming to have the ACF should be advised to provide the 
Department of Veterans Affairs (VA) with a copy of their DA Form 3286 (Statements for 
Enlistment, United States Army Enlistment Program) (Annex B or DEP OUT), when they 
apply in writing for benefits determination using VA Form 22–1990. DA Form 3286 
(Annex B or DEP OUT) is used as official documentation to determine ACF entitlement. 
The use of enlistment Kickers is based on the criticality of the skill and/or the length of 
enlistment commitment and may be offered in amounts from $150 per month to $950 
per month in increments of $100. Affiliation Kicker policy is managed by the DCS, G–1. 
The use of affiliation Kickers should be based on the criticality of the skill and/or unit and 
the length of SELRES commitment, and may be offered in amounts from $150 per 
month to $950 per month in increments of $100. If a Soldier is already eligible for an 
enlistment Kicker, the amount of the affiliation Kicker is limited to a combined maximum 
amount of $950. For those Soldiers who are offered an affiliation Kicker on top of an 
enlistment Kicker, the increases will be in $100 increments. The ACF amounts that are 
offered during the MGIB era vary depending on the time period in which the individual




entered active duty. From April 1, 1993 - October 1, 2004, ACF amounts listed on the 
Service member's enlistment contract were combined with the MGIB.

3.	AR 601-210 (Regular Army and Army Reserve Enlistment Program) paragraph 9-9 
(Enlistment Program 9C, U.S. Army Incentive Enlistment Program (Enlistment Bonus, 
Army College Fund, Loan Repayment Program) states that this program is available to 
qualified Non-Prior Service applicants enlisting for the minimum term
of enlistment, when authorized by HQDA Enlistment Incentives Message. The Army 
College Fund provides additional education assistance in addition to that earned under 
the MGIB. Participants must enroll in the basic MGIB. Applicants will have $100/month 
reduced from their pay during their first year on active duty. Once a decision to enroll in 
the MGIB has been made, this decision cannot be withdrawn, the monthly pay 
deduction cannot be stopped (until $1200 has been collected) and the deductions are 
nonrefundable.

//NOTHING FOLLOWS//