MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 18 SEPTEMBER 2001
         DOCKET NUMBER: AR2001057374

         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
Mr. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Karen A. Heinz		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)

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APPLICANT REQUESTS: That her active duty service obligation (ADSO) be changed from 6 years, 11 months, and 12 days, to 4 years.

APPLICANT STATES: She accepted a 4 year ROTC (Reserve Officer Training Corps) scholarship incurring an 8 year military service obligation; 4 years on active duty and 4 years in the Army Reserve. She was commissioned a second lieutenant on 14 May 1993 following her graduation from college. Because of downsizing in the Army, less that 50 percent of ROTC scholarship graduates were ordered to active duty, while the others fulfilled their obligation in the Army Reserve. She had done well in ROTC and was ordered to active duty and, following Officer Basic Course (OBC), assigned to Korea. Again, because of the reduction in force, many of her peers were released to attend graduate school or to go into the Army Reserve. She applied for medical school and was accepted in April 1994. She requested release from active duty and [stated that she] would fulfill the remainder of her commitment in the USAR. She was selected for an Army Health Professions Scholarship (HPSP) and was released from active duty on 19 July 1994. Her ROTC obligation terminated on 13 May 2001 according to her DD Form 214 and its addendum. She accepted the scholarship on 1 August 1994.

During medical school she reported to her local recruiting station once a year for “muster” duty.

Upon graduation from medical school she was appointed a captain in the Medical Corps and was told she had an ADSO of 4 years from HPSP following residency training. She requested a deferment to attend civilian residency, is in the last few months of that residency and is supposed to report for active duty on 18 July 2001. She received orders showing an ADSO of 6 years and 11 months, and was told that the additional 2 years and 11 months is because of her ROTC commitment. Her HPSP shows no other ADSO beyond 4 years. Her appointment letter also indicates 4 years. She states that it is unjust to have this additional ADSO because she has bettered herself, especially because most of her peers with the same ROTC scholarship never served on active duty. Had she known that she would have to spend nearly 7 years on active duty following residency, she would have never accepted a Health Professions Scholarship. She would have taken loans for medical school and continued in the Individual Ready Reserve until her obligation ended.

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

On 14 May 1993 the applicant was commissioned a second lieutenant in the USAR.

An order published by the First Region of the Army ROTC Cadet Command shows that she was ordered to active duty with an assignment to Korea subsequent to completion of OBC at Fort McClellan, Alabama. Her active duty commitment on that order is shown as 4 years.

On 15 June 1994 she requested release from active duty to attend medical school.

A 7 July 1994 message to the applicant’s commander in Korea shows that the Total Army Personnel Command approved her request effective on 12 July 1994 for the purpose of attending the Health Professions Scholarship Program (HPSP). Additionally, that message stated: “Officer is to be reminded of his (sic) remaining obligation of two (2) years, eleven (11) months, and zero (0) days.”

The applicant was released from active duty and assigned to the Army Reserve Control Group (Reinforcement) on 19 July 1994. She had 1 year, 1 month, and 28 days of service. Her military service obligation termination date shown on her DD Form 214 is 13 May 2001.

On 1 August 1998 the applicant executed a service agreement to enter the Armed Forces Health Professions Scholarship Program. This contract stipulated, in effect, that the Army would provide financial assistance to the applicant in return for an ADSO. That agreement indicated that she would incur an active duty obligation of 8 years for participation in the program; however, any portion of the ADSO that exceeded one year for each year of program participation could be served in the Reserves. That agreement further indicated that any prior active duty service would not count toward completion of her obligation. That agreement also stated: “Any obligation incurred as a Program member is in addition to any obligation incurred as a result of participation in any other military program. I may not serve all or any part of the active duty obligation incurred by participation in this program concurrently with any other military obligation.” It also stated that “time spent on active duty or active duty for training while a member of the Program prior to completion of professional degree requirements will not be credited toward fulfillment of any active duty obligation.” Paragraph 20 of that agreement states, “I understand that my remaining service obligation, currently calculated to be _______ years_______ months ______days, will be added to any obligation incurred as a participant in the US Army Health Professions Scholarship Program.” The spaces for the length of time are not filled in. The applicant signed the contract.

On 26 May 1998 the applicant was commissioned a captain in the Reserves.

A request for orders assigning the applicant to Fort Sill, Oklahoma shows that she has an active duty obligation of 6 years and 11 months.

10 U.S.C. section 2005. Advanced education assistance: active duty agreement; reimbursement requirements – states in pertinent part that the Secretary concerned, may require, as a condition to the Secretary providing advanced education assistance to any person, that such person enter into a written agreement with the Secretary concerned under the terms of which such person shall agree to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement, and shall agree to such other terms and conditions as the Secretary concerned may prescribe to protect the interest of the United States.

Army Regulation 350-100 establishes policies and procedures for the receipt, computation, and notice of active duty service obligations (ADSOs) for all active duty Army officers. It also describes how active duty service obligations are served with precommission ADSOs. Officers entering military service must complete a total of eight years military service obligation. Service will be on active duty or in the Reserve components, in either enlisted or officer status. ROTC scholarship graduates selected for active duty incur a four-year ADSO.

Section 2123 of Title 10 U.S. Code pertains to members of the Health Professions Scholarship Program and states in pertinent part that a member of the program incurs an active duty obligation. The amount of the obligation shall be determined under regulations prescribed by the Secretary of Defense, but those regulations may not provide for a period of obligation of less than one year for each year of participation in the program. A period of time spent in military intern or residency training shall not be creditable in satisfying an active duty obligation imposed by this section.

Department of Defense Instruction Number 6000.13 provides instructions concerning the administration of the Health Professions Scholarship Program and states in pertinent part that each program member shall incur an eight year service obligation, a portion of which shall be an active duty obligation (ADO). Time spent in military internship or residency training shall not be creditable in satisfying the ADO. The ADO portion for an AFHPSP (Armed Forces Health Professions Scholarship Program) participant shall consist of at least two years, or one-half year for each half year of AFHPSP sponsorship, whichever is greater. A member may not serve any part of a military obligation incurred by participation in the HPSP concurrently with any other military obligation.

DOD Directive 6000.2 provides for the minimum terms of service and active duty obligations for health service officers, applicable to all military departments. Paragraph F1, which concerns payback of a prior obligation, states that no portion of a prior obligation arising out of the expenditure of government funds for education or training purposes may be satisfied during any period of long-term health or health-related education or training. Paragraph F2, which concerns

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payback of an ADO incurred under the provisions of the cited directive, states, in pertinent part, that no portion of an ADO may be satisfied during any period of long-term or health-related education or training; or concurrently with any other ADO or with an obligation incurred for DOD-subsidized preprofessional (undergraduate) education or training, or prior long-term health or health-related education or training.

Army Regulation 351-3 governs the formal education and professional training of AMEDD personnel and states in pertinent part that no portion of an ADO may be satisfied by prior military service, during any period of long-term health or health-related education or training, or concurrently with any other ADO or with an obligation incurred for DOD subsidized preprofessional (undergraduate) education or training or prior long-term health or health-related education or training.

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 incurred a four year ADSO by virtue of her four year ROTC scholarship, and another four year active duty commitment because of her training under the HPSP. Her HPSP contract stated in part that any obligation as a HPSP member was in addition to any obligation incurred because of participation in any other military program, and that she could not serve all or any part of the active duty obligation incurred by participation in the HPSP concurrently with any other military obligation. Her signature on the contract clearly indicates that she knew what she was getting into.

2. The applicable laws and regulations provide for financial assistance and scholarship programs for individuals. Those individuals in return are required to satisfy a certain military obligation, in the applicant’s case – 8 years, less the time that she has spent on active duty. There is nothing unjust or unfair in this arrangement, nor has the applicant been saddled with an additional ADSO, as she has implied. Her ADSO is that mandated by law and as contracted between herself and the Army. Consequently, her request to change her ADSO is denied.

3. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

4. 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 that requirement.

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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

__JHL___ __MHM __KAH __ DENY APPLICATION

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

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INDEX

CASE ID	AR2001057374
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010918
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	113.04
2.	237
3.
4.
5.
6.