Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001054329C070420
Original file (2001054329C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 02 August 2001
         DOCKET NUMBER: AR2001054329


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Ms. Barbara J. Ellis Member
Mr. John P. Infante 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 that the remainder of the debt he incurred due to his disenrollment from Reserve Officers Training Corps (ROTC) be remitted.

3. The applicant states that the ROTC class schedule directly conflicted with his nursing courses. He tried unsuccessfully to rectify the situation by talking to both ROTC and nursing school faculty. He has now completed college, has accepted a commission in the Navy and is serving on active duty in the Navy.

4. The applicant’s military records show that he enlisted as a scholarship cadet in the ROTC Advanced Course on 29 August 1995.

5. In an undated memorandum the Professor of Military Science (PMS) notified the applicant of his intent to recommend his disenrollment from the ROTC based on his withdrawal from ROTC classes for the spring 1999 semester and his failure to attend the spring 1999 Field Training Exercise (FTX).

6. On 7 April 1999 he submitted a request to be disenrolled from ROTC, waived his right to a disenrollment hearing, and declined expeditious call to active duty.

7. The PMS’s recommendation was then approved and the applicant was disenrolled from the ROTC effective 6 October 1999 with the understanding that he would be required to repay his ROTC scholarship.

8. The applicant graduated with a bachelor of science in nursing on 13 May 2000, was commissioned in the Navy on 2 October 2000, received his certificate as a registered nurse on 18 October 2000, and entered on active duty in the Navy with a 4-year active duty service obligation on 28 October 2000.

CONCLUSIONS:

1. The Board is unable to verify the applicant’s contention that he was disenrolled from the ROTC due to conflicts between ROTC classes and nursing classes.

2. However, while the Army gave the applicant a scholarship in return for his service in the Army after graduation, the military is currently deriving a benefit from that scholarship via his service in the Navy. As a matter of equity it would be appropriate to consider the applicant’s service in the U.S. Navy as fulfillment of the active duty obligation required by his ROTC scholarship contract.

3. If the applicant fails to complete the period of service obligated as a result of ROTC scholarship, either voluntarily or because of his own misconduct, his ROTC debt will be required to be recouped on a pro-rated basis.

4. 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. correcting the Army ROTC scholarship contract of the individual concerned to show that he can satisfy his active duty service obligation under the original terms of the contract as a commissioned officer in the U.S. Navy;

         b. suspending further collection of his ROTC indebtedness until such time as he completes his active service obligation with the U.S. Navy. At that time his indebtedness will be remitted and any monies already collected will be returned to him; and

         c. recouping from him his ROTC debt, on a pro-rata basis in accordance with paragraph 12 of his DA Form 597-3, if he fails to complete the period of active duty service obligation incurred as a result of his amended ROTC scholarship contract, whether the failure is voluntary or due to his misconduct.

BOARD VOTE:

__rjw ___ ____bje _ ___jpi ___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Raymond J. Wagner__
                  CHAIRPERSON




INDEX

CASE ID AR2001054329
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010802
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.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002072636C070403

    Original file (2002072636C070403.rtf) Auto-classification: Approved

    The applicant's military records show he enlisted in the US Army Reserve (USAR) on 23 August 1999, under the ROTC scholarship Cadet Program with prior military service. It stated that the applicant was disenrolled from the ROTC Program on 9 November 2002, under the provisions of Army Regulation 145-1, paragraph 3-43a(1). Public Law 92-453 authorizes the waiver of erroneous payments of pay and allowances to former members or civilian employees.

  • ARMY | BCMR | CY2001 | 2001059864C070421

    Original file (2001059864C070421.rtf) Auto-classification: Approved

    The applicant’s military records show that she enlisted in the US Army Reserve on 30 October 1998, under the ROTC Scholarship Cadet Program. It stated that the applicant was disenrolled from ROTC under the provisions of Army Regulation 145-1, paragraph 3-43a(15). The applicant acknowledged that she understood and agreed that if she was disenrolled from the ROTC program during Military Science II, she could be called to active duty for a period of two years.

  • ARMY | BCMR | CY2003 | 03099553C070212

    Original file (03099553C070212.doc) Auto-classification: Approved

    Although a copy of the applicant’s contract was not in files available to the Board, that contract would have informed the applicant that she incurred an active duty and/or reimbursement obligation if she were “disenrolled from the ROTC program for breach of contractual terms or any other disenrollment criteria established now or in the future by Army regulations….” Included under the terms of disenrollment was information regarding the fact that by signing the contract she acknowledged that...

  • ARMY | BCMR | CY2001 | 2001054571C070420

    Original file (2001054571C070420.rtf) Auto-classification: Approved

    As part of a scholarship enlistment in the ROTC program, an individual must sign a DA Form 597-3, which is the agreement between the Army and a potential ROTC cadet. If it is determined that the cadet will be ordered to active duty, the cadet will not be discharged, and Headquarters, Cadet Command will issue active duty orders. Nonetheless, the Board accepts that the applicant’s enlisted service in the Regular Army is equivalent to being called to active duty under the terms of his ROTC contract.

  • ARMY | BCMR | CY2002 | 2002067945C070402

    Original file (2002067945C070402.rtf) Auto-classification: Approved

    In lieu of repayment, the cadet could be ordered to active duty for not more than four years. Had the applicant not had a service or repayment obligation, based on the ROTC program requirements, he would have been entitled to all of the enlistment incentives he received including the $13,000 cash bonus. 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 he would satisfy the service...

  • ARMY | BCMR | CY2002 | 2002071051C070402

    Original file (2002071051C070402.rtf) Auto-classification: Approved

    If the applicant had chosen to enter active duty or been involuntarily ordered to active duty, at the time he failed to continue his enrollment in the ROTC, he would have been assigned according to the needs of the Army and would not have had the opportunity to choose his training nor to receive the enlistment bonus. The applicant's ROTC contract states that if he disenrolled from the program he would be obligated to serve for a specific period on active duty or to repay the amount of...

  • ARMY | BCMR | CY2001 | 2001064274C070421

    Original file (2001064274C070421.rtf) Auto-classification: Approved

    Applicant: But did you say that to me? She alleged fraudulent and deceptive recruitment practices by the Army; the PMS duped her, a “trusting young 17 year old girl with no preconceived notions of the Army” when he first pursued her; the PMS misrepresented and manipulated the entry requirements as evidenced by her failure to meet the weight requirements or pass the physical test prior to her signing the contract; the PMS led her to believe that weight and physical conditioning were not a...

  • ARMY | BCMR | CY2003 | 2003088147C070403

    Original file (2003088147C070403.rtf) Auto-classification: Approved

    The applicant’s military records show that as part of a scholarship enlistment in the ROTC, the applicant, on 9 November 1998, signed a DA Form 597-3 (Army Senior Reserve Officers’ Training Corps (ROTC) Scholarship Cadet Contract), which is an agreement between the Army and a potential ROTC cadet. Paragraph 7d states that if the cadet were disenrolled from the ROTC Program for any reason, the Secretary of the Army could order the cadet to reimburse the United States the dollar amount plus...

  • ARMY | BCMR | CY2001 | 2001057529C070420

    Original file (2001057529C070420.rtf) Auto-classification: Approved

    In support of his requests, he submits a copy of his USAR leave and earning statement that reflects that $531.73 was deducted for payment to a government debt, another statement that shows his debt balance as $$6,400.00, a letter from a unit administrator, and a copy of his Bachelor of Science in Accounting diploma from USC. The applicant’s military records show that he was awarded a 2-year ROTC scholarship and enrolled in the 2-year ROTC program at the USC on 28 August 1997. If the...

  • ARMY | BCMR | CY2005 | 20050001278C070206

    Original file (20050001278C070206.TXT) Auto-classification: Approved

    The Cadet Command stated that voluntary enlisted service in the US Navy is not an authorized remedy for debt repayment under the terms of his ROTC contract. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending the applicant’s ROTC scholarship contract to show that he would satisfy the service obligation component under the original terms of the SROTC contract in the Regular Navy; b. The portion of the ROTC debt...