Army College Fund Issues

[DPeraino]

So this is a lengthy issue. I was honorably separated over a year ago from active duty Army. Upon receiving my education benefits payment I noticed a huge shortage in the amount which was expected. My enlistment contract incentives page (DA 3286-66) states that I am going to receive $40,000 for my Army College Fund as long as I stay eligible for my MGIB. Come to find out that in April 1993 the regulation was updated regarding the ACF however my Enlistment Incentives page was not. So I did as I was told and filed a case with the Army Review Board Agency so it could be reviewed by ABCMR. ABCMR sent me a letter, 11 months later, stating that DFAS will not pay any funds awarded by ABCMR. Also stated in this letter was that Education Incentives Branch acknowledges that the contract is misleading.

So I did more research and found other cases which were approved by the ABCMR for payment, as well as denying soldiers. All while ABCMR was aware of USAREC Message 98-080 which stated in part "No attempt will be made to describe or provide applicants a breakdown of the Montgomery GI Bill and Army College Fund amounts."

So they "mislead" active duty soldiers for over 10 years (April 1, 1993 - September 30th, 2004). How is omitting something from a contract misleading and how can DFAS get away with not paying for an Army Program out of Army Funds? In writing they are listed as separate benefits. So I have filed paperwork with Senator Cantwell and Congressman Jay Inslee to see what kind of answers they come up with. If these fail to provide any answers, what is my next step?What is the name of your state?

Anyone else have this issue?What is the name of your state?

 

[SHORTY LONG]

From reading the Boards decision, it discloses that your indifference is with
the Department of Veteran's Administration. Have you filed your claim with them?

If not, suggest you make an appointment with any Veterans Service Officer
that is nearby to you. They will assist you free of charge in filing your claim.
Organizations such as the VFW, the American Legion, AMVETS, the Viet Nam
Veterans of America just to name a few. It will be very important to take with
you all filings you have done to date in chronological order. Make sure that
you get copies for your files of everything you do.

Please keep us updated.

 

[DPeraino]

Dfas

I spoke with the ABCMR today. It seems that the issue is that DFAS is refusing to pay out of Army Funds the remainder of the money (28,800). The case which ARBA awarded a soldier funds that I found, turns out that soldiers was told that DFAS would not pay her regardless of what the ABCMR says. So now the ABCMR has initiated something with the Army General Counsel to take a legal stance on this issue and to talk with DoD General Counsel. I've spoke with numerous people at DFAS and nobody is the right department, and I can't seem to find a contact number or an E-Mail for zeg. I'm going to take your advice and search for local resources to help with this. Thanks again for the post and I'll be sure to keep you updated.

 

[fozzy2]

This is a very interesting case. Benefits is not my area of expertise, but it seems to me that a mistake may have been made in not correcting your record. I may well be wrong on this, but what you requested the BCMR to do is to "correct your record." You didn't ask them for any money (though eventual payment, by someone, might be your ultimate goal). Correcting your record seems well within their authority, even if they can't force/authorize any actual payment. You might consider re-submitting your request, and emphasizing that you simply want your "record corrected", and that once that is done you will seek monetary relief through other channels. They may have law/policy as to why they wouldn't do this, but then they would explain to you why that is -- and you can go from there.

What you are trying to do is to "create a record" to support you in your quest for the money you feel you are owed. Whether or not BCMR corrects your record, since this is a VA administered program I would think that you could apply to the Board of Veterans Appeals. The following basically explains the process.

http://www.va.gov/vbs/bva/010202A.pdf

You do definitely want the assistance of a VSO or other expert. Basically, *before* you can "go to court" and sue the government, you probably have to "exhaust all administrative remedies." That means you must go through the VA appeals process. Even if success at the VA looks dim, they have to get a chance to correct the problem. Only when the VA gives you a final determination ("NO!"), will you be able to file a lawsuit. Your last step with the VA will probably be to file a request for "equitable relief" from the Secretary of Veterans Affairs.

When you are done with the VA, then I would think you could file in the Federal Court of Claims. There may be precedent in a key case called "Donelly v. U.S.", 133 Ct.Cl. 120 (1955), which recognized that the court could order "...pay in accordance with the records as they stand corrected." (the main thrust of the case involved a dispute over promotion, but they recognized they could remedy off of a 'corrected' record)

To summarize: You have to exhaust the VA appeals process before you can even contemplate a suit in court. There is probably no way in hell the VA will give you relief, but you've got to make your case to them. When they turn you down, then you can sue in Federal Claims Court -- and it would probably be very useful to have your record "corrected" prior to going there, so all the court has to do is say "Your record says you were owed, you weren't paid, so we will order payment..." [ if you sue prior to correcting your record, the Court may say that you record doesn't reflect that you are owed any money -- and that BCMR handles record corrections -- and that you should go back to BCMR).

If all this sounds like a pain ---- this is why the government does not often lose. It puts you on a hamster-wheel and tries to run you to exhaustion. Well, there are some legitimate reasons for such a convoluted process as well, but.....

Definitely keep us posted. This sounds very interesting.

 

[DPeraino]

Why was my message edited?

Can I not use the director of DFAS's name, , when writing of him?

 

[paulrmack]

nice too see

I am in the same boat as you man. I have gone through the same course of action you have filing my injustice twice with the ABCMR and got the letter about the DFAS not paying out. I would love to get a contact number for DFAS and contact them as well. I can't believe more people haven't gone through this considering that contract has been in use since 91. I have been contacting lawyers already to see what my options through them are. I was also looking for more people to possibly make this a civil action suit, benefiting everyone in the long run. I am living in Georgia, just north of Atlanta, and I think we should start pooling our resources on this.

I would also love some more information about this legal action the DFAS is taking with the DOD. Get back to me as soon as you can

 

[fozzy2]

"I've spoke with numerous people at DFAS and nobody is the right department, and I can't seem to find a contact number or an E-Mail for zeg."


I've read over the case that seemed to kick off this whole mess. It is docket number
AR20070003745, and can be found in its entirety at:

http://boards.law.af.mil/ARMY/BCMR/CY2007//20070003745C071029.doc

Included in the decision is an address for a DFAS office that should be able to provide you with an answer as to why DFAS can't/won't pay, if not payment itself. The decision mentions the possibility that a "barring statute" might prevent DFAS from paying, and implies that the individual could then seek redress directly from the ABCMR by re-filing, but does not explicitly say so.

My understanding is that DFAS is refusing to pay these claims, but I have not been able to find the justification they are using for nonpayment. Does anyone have a copy, or can provide a link to, a response from DFAS regarding the issue?

 

[paulrmack]

Thanks Fozzy

I have read that ruling and it seems clear that that person received a positive ruling from the board. Is it known wether or not she was awarded the money of did DFAS deny her funds too. I would love to know on what grounds if they did? I don't know now if I should re file with the abcmr for a 3rd time since I was denied the first time then told they would not reconsider a second time. i would love to have a positive letter like that in my case and I thik that sending hers in with my reconsideration would nulify all points they have in denying me (really BS points too, which I clearly point out then they say they will not reconsider). I am continueing to search DFAS for a reason for the denial of funds. Keep me posted guys

 

[DPeraino]

Reason For Denyal

They are using Section 3015, 38 USC. I am also interested in getting as many people together on this one. I am currently trying to find a lawer to help me with the process of filing in the federal court of claims as this is what DFAS told me my only option was. No lawyers want to touch it.

Since I am unable to post my contact info here, P.R.M., if you'd like to get in touch with me you will have to go to the UserCP and enable private messages.

 

[vonkitt]

ACF Issues

I have the same issues with the ACF. I've been fighting this issue since 2006. The ABCMR said that the VA will not pay and that they can't make DFAS pay. I've been to the VA, HRC, Education Center, etc. Nothing worked. I enlisted in 2000 and my contract says that I'm supposed to get $33,000 for the ACF. I had six years service in the Army, 5 years active duty and 1 year Reserves. I live in Missouri. Please let me know what I can do.

 

[ddiver44]

ACF help

They are using Section 3015, 38 USC. I am also interested in getting as many people together on this one. I am currently trying to find a lawer to help me with the process of filing in the federal court of claims as this is what DFAS told me my only option was. No lawyers want to touch it.

Since I am unable to post my contact info here, P.R.M., if you'd like to get in touch with me you will have to go to the UserCP and enable private messages.

Im in the same boat with my ACF and would like to know what I can do to help anyone who is fighting on this issue.

 

[mlane58]

Im in the same boat with my ACF and would like to know what I can do to help anyone who is fighting on this issue.

Start your own thread as this one is 6 months old.

 

[TankerA14G]

I served five years on active duty and was told I’d get $33,000 in ACF money but I only received my MGIB and buy up money. After appealing to the Army Board for Correction of Military Records (ABCMR) I was told that DFAS would not pay because of an error the Army made in enlistment contracts from 1993-2004. I contacted my congresswoman, Doris Matsui, and she was able to get the Defense Authorization Bill for Fiscal Year 2009 worded in a way that would allow me to reapply through ABCMR and get my $33,000. If you have any further questions, email me at [email protected]

Here is the language pertaining to the ACF:

SEC. 549. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT AMOUNTS.

(a) Correction and Payment Authority-

(1) CONSIDERATION OF REQUESTS FOR CORRECTION- The Secretary of the Army may consider, through the Army Board for the Correction of Military Records, a request for the correction of military records relating to the amount of the Army College Fund benefit to which a member or former member of the Armed Forces may be entitled under an Army Incentive Program contract.

(2) PAYMENT AUTHORITY- If the Secretary of the Army determines that the correction of military records is appropriate in response to a request received under paragraph (1), the Secretary may pay such amounts as the Secretary considers necessary to ensure fairness and equity with regard to the request.

(b) Exception to Payment Limits- A payment under subsection (a)(2) may be made without regard to any limits on the total combined amounts established for the Army College Fund and the Montgomery G.I. Bill.

(c) Funding Source- Payments under subsection (a)(2) shall be made solely from funds appropriated for military personnel programs for fiscal year 2009.

(d) Termination Date- No payment may be made under subsection (a)(2) after December 31, 2009.
Edit/Delete Message

 

[JDDorsey]

Army College Fund

I just came across this thread and I am having the same issue. I enlisted in 2002 and took the ACF for $50,000. I completed my 5 year contract honorably and just started wondering why my ACF amount seemed very small. I do have a copy of my DD Form 3286-66 along with the rest of my contract. Has anyone had success in this matter?

 

[hydrocarbon1000]

be careful with the admin appeal to fed. claims ct

http://www.va.gov/vbs/bva/010202A.pdf

You do definitely want the assistance of a VSO or other expert. Basically, *before* you can "go to court" and sue the government, you probably have to "exhaust all administrative remedies." That means you must go through the VA appeals process. Even if success at the VA looks dim, they have to get a chance to correct the problem. Only when the VA gives you a final determination ("NO!"), will you be able to file a lawsuit. Your last step with the VA will probably be to file a request for "equitable relief" from the Secretary of Veterans Affairs.

When you are done with the VA, then I would think you could file in the Federal Court of Claims. There may be precedent in a key case called "Donelly v. U.S.", 133 Ct.Cl. 120 (1955), which recognized that the court could order "...pay in accordance with the records as they stand corrected." (the main thrust of the case involved a dispute over promotion, but they recognized they could remedy off of a 'corrected' record)

To summarize: You have to exhaust the VA appeals process before you can even contemplate a suit in court. .

Foozy is correct in respect to exhasting all admin appeals prior to filing a fed. case I think. But you also have to consider with the possible federal case: is it an admin. review case or would it be a de novo case. If it is a review of the admin. agency then you should list ALL, even remote, reasons why you should be paid the money or othe relief you are seeking from the agency(s). And I would not fully trust a lawyer on these facts ... make sure you know what you are doing, luckily its only 28K (really not alot of money). You would not want to find out that a reason you could have been awarded $$ was not argued before the admin. agency & the fed. ct. then rule you did not make this available for the federal case. Just a cautionary note here.

Guys in vietnam got 75 bucks a month & a kick in the ass on the way out ... you guys got it good now...yes, really I think so