PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           6 December 2001
	DOCKET NUMBER:   AR2001064912

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		                      Director	
	Mr. Walter Avery		                      Analyst	

  The following members, a quorum, were present:

	Mr.  Fred N. Eichorn 		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Harry B. Oberg		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, the acceptance of his current service in the Air Force in lieu of repayment of his Reserve Officers Training Corps (ROTC) debt of $11,972.

3.  The applicant states that he opted to pay back monetarily the balance of his  scholarship debt instead of active-duty service in the Army.  Now, five years later, he is serving fulltime active duty in the Air Force as a second lieutenant, having received his commission on 16 August 2001.  He will serve for as many years as necessary to satisfy for the remaining balance of his scholarship debt.

4.  In support of his request he submits copies of: a certificate that reflects that he was commissioned a second lieutenant in the Air Force Reserve on 16 August 2001; orders authorizing his travel to officer training school at Maxwell Air Force Base, Alabama; a leave and earning statement and; a proof of service letter submitted by his personnel section.

5.  The applicant’s military records show that he was awarded a three year       ROTC scholarship at Utah State University on 30 September 1992.

6.  As part of a scholarship enlistment in the ROTC, an individual must sign a 
DA Form 597-3, which is the agreement between the Army and a potential ROTC cadet.  That form contains the promises made between the Army and the potential cadet, and includes the action the Army will take in the event a cadet fails to successfully complete the terms of the contract.  By signing that form the applicant acknowledged that he understood and agreed that disenrollment from the ROTC program during Military Science III could result in a call to active duty for a period of three years or a financial reimbursement obligation.

7.  On 18 June 1996, the professor of military science (PMS), who is the senior military officer, at the college level, responsible for administering the ROTC program, notified the applicant he was initiating his disenrollment from the ROTC program due to a breach of contract due to his failure to comply with orders to report to ROTC Advanced Camp at Fort Lewis, Washington on 17 June 1996.  Further, he was placing the applicant on a leave of absence pending disenrollment.  The letter advised the applicant of his rights to include the right to request a hearing by a board of officers, consult with military officer or civilian counsel, or submit a written statement in his own behalf.  The applicant acknowledged receipt of the notification and indicated that he understood why he was being disenrolled from the ROTC program.  He elected to waive his right to a hearing and declined expeditious call to active duty.  An addendum was then added to his ROTC scholarship contract, which advised the applicant that his debt was $11,972, and presented him options for repayment. The addendum is unsigned.  However, it cautions that declination to make monetary repayment or failure to respond with a selection of payment method within 45 days of the dated notification would result in the issuance of active duty orders as a private E-1 for three years.

8.  Cadet Command reviewed the applicant’s case and determined that he was in voluntary breach of his scholarship contract based on his failure to attend Advanced Camp.  The applicant was again presented with payment options.  The applicant elected to make repayment in monthly installments of $127.58 commencing 90 days after graduation.

9.  Army Regulation 145-1 provides, in pertinent part, that the advanced camp mission is to train cadets in leadership and Army standards and evaluate their leadership potential.  The advanced camp is a mandatory training program that is conducted as part of the advanced course, normally between the junior and senior academic years.  Each advanced course cadet is required to satisfactorily compete the advanced camp as a requirement for completing the advanced course and appointment as a commissioned officer.

CONCLUSIONS: 

1.  The applicant argues that his service in the Air Force should be taken into consideration, and the prospect of repaying a ROTC scholarship while serving on active duty is unfair.  In actuality, if the applicant had been ordered into the Army as a private in 1996, in accordance with the terms of his ROTC contract, his base pay would have been that of an E-1 and not the significantly higher base pay of a second lieutenant in 2001.  In this sense, the applicant has obtained a financial advantage from the Department of Defense because he obtained the benefits of a college education, declined to repay the money the taxpayers expended on his education and seeks to escape the breach of contract sanctions by still declining to repay the money while serving as an officer – a position he would not hold had the sanctions been applied.

2.  Notwithstanding the above, the Board will in this case accept service in the Air Force in lieu of service in the Army to satisfy the applicant’s ROTC active duty obligation.  This conclusion is strictly an exception to policy made on an individual basis.

3.  Further, the Board concludes that collection of his ROTC debt will be held in abeyance during the term of his service and will be remitted (with any monies already collected returned to him) provided he satisfactorily completes three years on active duty in the Air Force.

4.  If the applicant fails to complete three years of active duty in the Air Force either voluntarily or because of misconduct, his ROTC debt will be recouped on a pro-rated basis.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  amending the applicant’s ROTC scholarship contract to show, that as an exception to policy, he would satisfy the service obligation under the original terms of the ROTC contract as a commissioned officer in the Air Force;

	b.  suspending collection of his ROTC debt during his period of obligated active duty, with the debt to be remitted upon satisfactory completion of three years of service; 

c.  returning to him any money already collected from him; and 

	d.  showing that if he fails to complete three years of active duty service obligated as a result of his amended ROTC scholarship contract either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis in accordance with paragraph 12 of his DA Form 597-3.

BOARD VOTE:  

__fne__ _  ___tap___  ___hbo_   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Fred N. Eichorn______
		               CHAIRPERSON

INDEX

CASE ID	AR2001064912	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011206	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.