RECORD OF PROCEEDINGS
             AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:                       DOCKET NUMBER: 03-01821
                                        INDEX CODE:  128.10
                                        COUNSEL:  NONE
                                        HEARING DESIRED:  NO

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APPLICANT REQUESTS THAT:

He be released from recoupment of his debt from his Army  Reserve  Officers’
Training Corps (ROTC) Scholarship contract.

_________________________________________________________________

THE APPLICANT CONTENDS THAT:

Since he has served on active duty with the Air Force  for  the  past  three
years he has satisfied the active duty service commitment  incurred  by  his
Army ROTC contract.  The Defense Finance and  Accounting  Service  has  told
him he does not owe any monies toward his debt.

In support of his appeal, applicant submits a personal statement and a  copy
of his Identification card.  Applicant’s submission,  with  attachments,  is
attached at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

Data extracted from the Military Personnel  Data  System  (MilPDS)  reflects
that the applicant enlisted in the Regular Air Force on 29 March 2000 for  a
period of six years and is currently serving in the grade of senior  airman.


The remaining relevant facts pertaining to this application, extracted  from
the applicant’s military records, are contained in the letters  prepared  by
the appropriate offices of the Air Force at Exhibit C through E.

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AIR FORCE EVALUATIONS:

DFAS-POCC/DE  states  that  due  to  non-completion   of   the   applicant’s
contractual obligation,  he  was  notified  of  a  debt  in  the  amount  of
$4,932.00, which has been established in the Defense Debt Management  System
Defense.  DFAS-POCC/DE defers to the Directorate of Debt and  Claims  (DFAS-
DE/POCT) for an assessment to a waiver of  indebtedness.   The  DFAS-POCC/DE
evaluation is at Exhibit C.

DFAS-DE/POCT states that at the time the ROTC  payments  were  paid  on  the
applicant’s behalf, payment was  proper;  therefore,  the  debt  is  not  an
erroneous payment subject to  waiver.   Additionally,  DFAS-DE/POCT  advises
that the member was erroneously paid $286.30 for ROTC subsistence  allowance
during the period 18 December 1999 through 31 January 2000 when he  was  not
attending school.  The DFAS-DE/POCT evaluation is at Exhibit D.

Pursuant to the Board’s  request,  USAF/JAA  reviewed  the  application  and
states that the applicant entered  into  an  Army  Senior  ROTC  Scholarship
contract on or about  16  November  1998.   The  ROTC  Scholarship  contract
provided in part, that after  the  first  day  of  his  sophomore  year  the
applicant could not voluntarily withdraw from the program without  incurring
an active duty and/or reimbursement obligation.  On  or  about  23  February
2000, for unknown reasons, the applicant breached the contract and  incurred
a  three-year  active  duty  service  commitment  or  repayment  of   $4,932
representing educational monies expended on his  behalf.   JAA  states  that
the applicant did not seek to fulfill  his  obligation  owed  to  the  Army;
rather he quickly enlisted in the Air Force.   The  applicant  has  selected
enlisted service in the military service of his choice and now seeks  relief
from a repayment obligation owed to the Army.  JAA is of  the  opinion  that
if the Board grants the applicant's request, it may set  a  potentially  bad
precedent.  It may establish that it is irrelevant  which  military  service
sponsors an ROTC scholarship, if an applicant enlists in a military  service
of his or her choice and applies to  the  Board,  any  repayment  obligation
will be forgiven.  The USAF/JAA evaluation is at Exhibit E.

_________________________________________________________________

APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS:

On 8 August 2003 and 28 May 2004, copies of the Air Force  evaluations  were
sent to the applicant for review and comment.  As of this date, this  office
has not received a response.

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THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided  by  existing  law  or
regulations.

2.  The application was timely filed.

3.  Sufficient relevant evidence has  been  presented  to  demonstrate  the
existence of an injustice.  Notwithstanding the  fact  that  the  applicant
signed the Army Senior Reserve Officers’ Training Corps (ROTC)  Scholarship
contract, which states in part, that after the first day of  his  sophomore
year he could not voluntarily withdraw from the program  without  incurring
an active duty and/or reimbursement obligation, we find the  argument  made
by the applicant persuasive.  We believe that his four years of active duty
service in the Air Force fulfills the spirit of the agreement into which he
entered and should satisfy the requirement for the three-year  active  duty
service commitment or repayment of the obligation incurred pursuant to  his
contract.  We note that AF/JAG advises in their evaluation that there is no
legal objection should we determine it is in the best interest of  the  Air
Force to recognize the applicant’s active duty service  as  fulfillment  of
his agreement.  Based on equity and  since  the  applicant’s  debt  is  not
merely a debt to the Army, but to the United States, it is our opinion  the
applicant’s request should be favorably considered.  Therefore,  the  Board
recommends that the applicant’s records be corrected as indicated below.

_________________________________________________________________

THE BOARD RECOMMENDS THAT:

The pertinent military records of the Department of the Air Force  relating
to APPLICANT be corrected to show that competent authority determined  that
he was allowed to serve his three-year  Reserve  Officer  Training  Program
(ROTC) Active Duty Service Commitment (ADSC) as  a  member  of  the  United
States Air Force and upon completion of this period of service, his service
obligation to the United States Army was satisfied.

_________________________________________________________________

The following members of the Board considered this application in  Executive
Session on 1 July 2004, under the provisions of AFI 36-2603:

            Mr. John L. Robuck, Panel Chair
            Ms. Carolyn B. Willis, Member
            Mr. Grover L. Dunn, Member

All members voted to correct  the  record  as  recommended.   The  following
documentary evidence was considered:

    Exhibit A.  DD Form 149, dated 12 Mar 03, w/atchs.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, DFAS-POCC/DE, dated 24 Jul 03.
    Exhibit D.  Letter, DFAS-DE/POCT, dated 15 Jul 03.
    Exhibit E.  Letter, AF/JAA, dated 17 May 04.
    Exhibit F.  Letter, SAF/MRBR, dated 8 Aug 03 and 20 May 04.





                                   JOHN L. ROBUCK
                                   Panel Chair
AFBCMR BC-2003-01821




MEMORANDUM FOR THE CHIEF OF STAFF

      Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:

      The pertinent military records of the Department of the Air Force
relating to xxxxxxxxxxxxxx, be corrected to show that competent authority
determined that he was allowed to serve his three-year Reserve Officer
Training Program (ROTC) Active Duty Service Commitment (ADSC) as a member
of the United States Air Force and upon completion of this period of
service, his service obligation to the United States Army was satisfied.






  JOE G. LINEBERGER

  Director

  Air Force Review Boards Agency