| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Thomas B. Redfern, III | Member | |
| Ms. Regan K. Smith | Member |
APPLICANT REQUESTS: That her Reserve Officer Training Corps (ROTC) debt be cancelled.
APPLICANT STATES: That financial and personal problems hindered her performance of duties. She became pregnant because of a terrible and unfortunate circumstance. She requested a leave of absence due to hardship and it was granted. In the spring of 1994, due to an economic hardship as well as a medical restriction, she was forced to withdraw from the University of North Carolina at Charlotte. Because of these mitigating circumstances, she thought that she was relieved of her debt. She is presently a single parent of two children and trying to get her life back on track. Supporting evidence is as listed on the enclosure to the DD Form 149.
EVIDENCE OF RECORD: The applicant's ROTC contract and disenrollment paperwork is not available. The information contained herein was obtained from alternate sources.
The applicant apparently signed an ROTC scholarship contract in 1992. She apparently requested leave from the program in 1994 and on an unknown date was disenrolled from the program.
Both the July 1989 and the July 1992 versions of the Army Senior Reserve Officers’ Training Corps (ROTC) Scholarship Cadet Contract, DA Form 597-3,
state that the cadet understood and agreed that if he or she, for any reason, failed to complete the educational requirements contained in the contract, he or she will have breached the contract. The cadet further understood that, as a consequence, he or she could be ordered to active duty or required to reimburse the United States an amount of money, plus interest, that was equal to the total cost of the financial assistance provided by the United States.
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. The applicant’s ROTC records are not available. However, the Board notes that either of the two Cadet Contracts which the applicant would have signed provided that if she failed to complete the educational requirements contained in the contract she could be required to reimburse the Government the total cost of the financial assistance provided by the Government.
2. In the absence of the applicant’s disenrollment paperwork showing that she was given any promises that reimbursement was not required, the Board has insufficient information on which to consider granting the relief requested based upon equity.
3. Regrettably, 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
__mkp___ __tbr___ __rks___ DENY APPLICATION
| CASE ID | AR2001056352 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010807 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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