ABCMR Proceedings (cont.)	AR2002076953

PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           8 May 2003                  
	DOCKET NUMBER:   AR2002076953

	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. G. E. Vandenberg | | Analyst

  The following members, a quorum, were present:

| Mr. Samuel A. Crumpler | | Chairperson
| Mr. Mark D. Manning | | Member
| Mr. Robert L. Duecaster | | 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, that his current active duty service be accepted in lieu of repayment of his Reserve Officer Training Corps (ROTC) debt and service obligation.

3.  The applicant states, in effect, that his service as an officer in the United States Marine Corps (USMC) should meet his ROTC debt by fulfilling his military obligation.

4.  Although the applicant's ROTC file is not available, the available evidence shows that he signed his ROTC contract on 1 August 1993 and enrolled in classes, at Marion Military Institute in Marion, Alabama, on 1 September 1993.  He is shown to have carried a 4.0 grade point average in military sciences and a 3.2 for his academic classes.  He was disenrolled from the program officially on 1 October 1995. The reason listed for disenrollment is, "Other".  The cadet command indicates that the applicant breached his contract in his third year, which would have resulted in a three-year period of obligated service.

5.  The applicant was accepted to and, on 1 May 1995, started his attendance at the US Naval Academy.  He successfully completed a Bachelor of Science Degree in Oceanography on 26 May 1999 and was commissioned a second lieutenant in the USMC Reserve effective the date of his graduation.

6.  The applicant is currently a first lieutenant serving as a helicopter pilot with the HMM-162 stationed at the Marine Corps Air Station, New River, North Carolina.

7.  The applicant incurred a $6,160.00 debt for his breach of the ROTC contract.

8.  The standard Army ROTC Scholarship Cadet Contract, DA Form 597-3, includes the following provisions and options:

a.  paragraph 7d states that if the cadet disenrolls from the ROTC Program for any reason, the Secretary of the Army may order the cadet to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as the unserved portion of active duty bears to the total period of active duty the cadet agreed to serve or was ordered to serve.  In lieu of repayment, the cadet could be ordered to active duty for not more than four years.

b.  paragraph 8 states that if called to active duty for breach of contract under the provisions of paragraph 7, the cadet would be ordered to active duty for a period of service based upon the year during which the breach occurs: i.e. for a Military Science II, 2 years; a Military Science III, 3 years; or a Military Science IV, 4 years.

c.  paragraph 12 requires acknowledgement that the cadet understood and agreed that, if they voluntarily or because of misconduct fail to begin or fail to complete any period of active duty, they may have incurred under the contract, they would be required to reimburse the United States an amount of money, plus interest, that bore the same ratio to the total cost of the financial assistance provided as the unserved portion of such duty bore to the total obligation.

9.  During the processing of this case an advisory opinion was obtained from the Army Cadet Command.  The Director of Personnel and Administration recommended that the applicant's service in the Marine Corps be accepted as satisfying his ROTC debt.  The advisory opinion was forwarded to him for comment.  He did not respond. 
 
CONCLUSIONS:

1.  The Board notes that officially the applicant is listed as having breached his contract in his third year.  However, the Board finds that the actual breach occurred in his second year when the applicant entered the Naval Academy.

2.  Therefore, the Board finds that the applicant should be shown to have incurred only a two-year obligation.

3.  Had the applicant attended the Military Academy, instead of the Naval Academy, he would have automatically had to obligate for an additional two years beyond that incurred by his attendance at the Military Academy or repay the government for the ROTC scholarship.

4.  Nevertheless, the Board considers that the Nation has received just benefit by the applicant's active Federal service in the Marine Corps and concludes justice would be served by allowing the applicant to serve that 2-year ROTC obligation concurrent with the obligated service he incurred by receiving his education at the Naval Academy.  This would result in his service as a commissioned officer in the Marine Corps fulfilling the military service obligation required by his Army ROTC scholarship contract.  It would be appropriate to hold the collection of his ROTC debt in abeyance during his term of obligated service to be remitted (with any monies already collected returned to him) provided he satisfactorily completes the obligated term of his service.  This is in consonance with the advisory opinion provided by the Army Cadet Command.

5.  If the applicant fails to complete the obligated service arising from his Naval Academy through his own volition, then his ROTC scholarship debt should also be recouped on a pro-rated basis.

6.  In view of the foregoing findings and conclusions, correcting the applicant’s records as recommended below will rectify an injustice.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending ROTC scholarship contract of the individual concerned by showing that he would satisfy the obligated service requirement by commissioned service, of equal or greater length in any of the Armed Forces.

2.  If the applicant fails to complete the service obligation incurred by virtue of his education at the Naval Academy by his own volition, the ROTC debt will be recouped in addition to any recoupment arising out of his Naval Academy service. 

BOARD VOTE:  

__SAC__  __MDM__  __RLD__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Samuel A. Crumpler__
		        CHAIRPERSON

INDEX

CASE ID | AR2002076953
SUFFIX |
RECON |
DATE BOARDED | 20030508
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. |
2. |
3. |
4. |
5. |
6. |