MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 February 2003
	DOCKET NUMBER:   AR2002075174

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

	Mr. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Lawrence Foster		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That he be released from his Reserve Officers' Training Corps (ROTC) debt obligation.

APPLICANT STATES:  That he has since enlisted in the Regular Army for          3 years.  Although it is for 1 year less than the contracted time for the ROTC scholarship, he has already paid back some of the money and he is planning to stay longer than 3 years.  He provides his enlistment documents as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records show:

On 19 August 1998, he signed a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract).  Paragraph 7d states that if the cadet were disenrolled from the ROTC Program for any reason, the Secretary of the Army could order him to reimburse the United States through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States for his advanced education from the commencement of the contractual agreement to the date of his disenrollment or refusal to accept a commission.  Or, the cadet could be ordered to active duty for not more than four years.

Paragraph 12 of the applicant’s DA Form 597-3 states that the cadet understood and agreed that if he voluntarily or because of misconduct failed to begin or failed to complete any period of active duty that he may have incurred under the contract, he would be required to reimburse the United States an amount of money, plus interest, that is equal to or bore the same ratio to the total cost of the financial assistance provided him as the unserved portion of such duty bore to the total period of such duty he was obligated to serve.

The applicant’s ROTC disenrollment packet is not available.  The amount of his debt (original and/or current) is not available.  He apparently agreed to reimburse his scholarship monies in lieu of being ordered to active duty.

On 16 May 2002, the applicant enlisted in the Delayed Enlistment Program.  On 18 June 2002, he enlisted in the Regular Army for 3 years, in pay grade E-4, for the U. S. Army Officer Enlistment Program (attendance at Officer Candidate School).

Army Regulation 135-210 prescribes policies and procedures for ordering individual soldiers of the Army National Guard of the United States and the U. S. Army Reserve to active duty during peacetime.  In pertinent part, it states that former ROTC cadets, when ordered to active duty, will be ordered to report to the U. S. Army Reception Battalion and will be ordered to active duty in pay grade  E-1.

In the processing of this case, an advisory opinion was obtained from the Director, Personnel and Administration, U. S. Army Cadet Command.  That office noted that the applicant was disenrolled from ROTC on 20 April 2001 for failure to take the Army Physical Fitness Test and that he elected to monetarily repay his scholarship debt rather than spend 4 years on active duty.  That office had no objection to the applicant’s serving on active duty in lieu of repaying the debt as long as the active duty equals the years remaining on his scholarship debt.  That office also advised that all bonuses received for that active duty should be forfeited in any part that is equal to his scholarship debt.

A copy of the advisory opinion was forwarded to the applicant for comment or rebuttal.  He asked reconsideration of the advisory opinion.  He stated that he understood that he committed to pay back the ROTC scholarship debt.  However, he would like to repay his debt with active duty service equaling the years remaining on his scholarship debt.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  Although the applicant's disenrollment packet is not available, it appears that both the applicant and the U. S. Army Cadet Command agree that he would have been ordered to active duty for 4 years.

3.  The applicant enlisted in the Regular Army for 3 years in pay grade E-4 for the U. S. Army Officer Enlistment Option.  Had he chosen active duty or been involuntarily ordered to active duty as a result of his disenrollment, he would have been assigned against the needs of the Army, in pay grade E-1, and not allowed any enlistment options.  

4.  The applicant states that he plans to stay in the Army longer than 3 years.  However, without a firm contract (such as a 12-month extension to his 3-year enlistment) committing him to 4 years in the Army, allowing him to use his Regular Army enlistment in lieu of repaying the ROTC debt would not be equitable. 

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JNS__  __  REB   _  __ LF  __  DENY APPLICATION 

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002075174	
SUFFIX		
RECON		
DATE BOARDED	2003/02/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	104.03	
2.	128.10	
3.		
4.		
5.		
6.