PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 November 2001
         DOCKET NUMBER: AR2001059864

         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
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Deborah S. Jacobs		Chairperson
Mr. Donald P. Hupman		Member
Mr. Elzey J. Arledge		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.

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2. The applicant requests termination of her debt in accordance with memorandum, dated 9 May 2000 (Disenrollment from the US Army Reserve Officers’ Training Corp (ROTC) Program).

3. The applicant states that after disenrollment from the ROTC/Hampton University, the options for repayment of her scholarship were presented to her
in a memorandum. After receiving the memorandum, she was in the process
of enlisting in the military, and is now on active duty. The memorandum stated that one of her options was to enlist for 2 years in order to settle her debt. She
enlisted for a period of 4 years and would like for her time and service at the end of her second year (6 September 2002), to constitute her debt paid in full.
In support of her application she submits a copy of her reassignment orders to Fort Riley, Kansas, a copy of a first endorsement order reassigning her to Fort Bragg, North Carolina, a copy of a memorandum from Headquarters, US Army Cadet Command, dated 9 May 2000, and a copy of DA Form 5315-E (US Army Advanced Educational Financial Assistance Record).

4. The applicant’s military records show that she enlisted in the US Army Reserve on 30 October 1998, under the ROTC Scholarship Cadet Program.

5. The applicant provided a copy of her DA Form 5315E which shows that her
ROTC Scholarship Benefits in the amount of $16,041 were paid on 16 November 1999, by Headquarters, US Army Cadet Command, Fort Monroe, Virginia.

6. The applicant provided a copy of a memorandum from the Headquarters, US Army Cadet Command, Fort Monroe, Virginia, dated 9 May 2000, subject: Disenrollment from the US Army ROTC Program. It stated that the applicant was disenrolled from ROTC under the provisions of Army Regulation 145-1, paragraph 3-43a(15). Disenrollment was based on the applicant’s indifferent attitude due to her frequent absences from required military science classes and training sessions. It also stated that when the ROTC scholarship contract is breached, any obligation to the Army must be satisfied through order to active duty in an enlisted status or by repaying the cost of advanced education assistance provided by the Army.

7. She enlisted in the Regular Army on 6 September 2000, for a period of
4 years in the pay grade of E-1. She is currently assigned to Fort Bragg, North Carolina, as a medical specialist.






8. Army Regulation 145-1 prescribes polices and general procedures for administering the Army’s Senior Reserve Officers’ Training Corps (SROTC)
Program. Except as an implementation of statute or otherwise prohibited, waivers and exceptions to the provisions of this regulation will be forwarded
through command channels to Headquarters, Department of the Army (HQDA) proponent HQDA (DAPE-MPO). The Commanding General, US Army Reserve Officers’ Training Corps Cadet Command (CG, USAROTCCC) will provide
detailed procedures for the day-to-day operation of the ROTC Program. Paragraph 3-43 states that a nonscholarship cadet may be disenrolled by the Professor of Military Science (PMS) and a scholarship cadet may be disenrolled only by the CG, USAROTCCC. Disenrollment authority does not include the discharge authority for Simultaneous Membership Program (SMP). Paragraph
3-43a (15) states that a nonscholarship and scholarship cadet will be disenrolled due to indifferent attitude or lack of interest in military training as evidenced by frequent absences from military science classes or drill, an established pattern of shirking, failure to successfully complete an established weight control program, or similar acts.

9. As part of a scholarship enlistment in the ROTC, an individual must sign a DA Form 597-3, which is the agreement between the Army and a potential ROTC cadet. The form contains the promises made between the Army and the potential cadet, and includes what action the Army will take in the event that a cadet failed to successfully complete the terms of the contract. 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.

CONCLUSIONS:

1. The applicant was properly disenrolled from the ROTC Scholarship Program and attempted to settle her debt of 2 years active duty by enlisting for a period of
4 years.

2. The evidence of record shows that her scholarship cost of $16,041 was paid on 16 November 1999, by Headquarters, US Army Cadet Command, Fort Monroe, Virginia.

3. The Board notes that the applicant acknowledged that she understood and agreed that if she was disenrolled from the ROTC Program, that she could be called to active duty for breach of contract in accordance with regulations in effect. The applicant argues that her service in the Regular Army should be taken into consideration as repaying her ROTC scholarship. In actuality, if the applicant had chosen to enter active duty or been involuntarily ordered to active


duty she would have been assigned against the needs of the Army and not allowed to choose her training option. In this sense, the applicant has sustained an advantage over similar individuals who, upon disenrollment from ROTC, choose active duty or are involuntarily ordered to active duty. This advantage occurs because AR 145-1 dictates that cadets ordered to active duty for breach of contract are ordered directly to active duty. Cadets so ordered report directly to a military installation and do not participate in the recruiting function where enlistment options are offered and negotiated

4. Nonetheless, it is accepted that the applicant’s enlisted service in the Army is equivalent to being called to active duty under the terms of her ROTC contract. Therefore, collection of her ROTC debt will be held in abeyance during the term of her service and will be remitted (with any monies already collected returned to her) provided she satisfactorily completes the terms of her enlistment.

5. If the applicant fails to complete the period of enlisted service obligated as a result of her ROTC scholarship, either voluntarily or because of misconduct, her ROTC debt would be required to be recouped on a pro-rated basis.

6. 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 for the individual concerned be corrected by:

a. amending the applicant’s ROTC scholarship contract to show that she would satisfy the service obligation under the original terms of the ROTC contract as a Regular Army enlisted soldier; and

b. suspending collection of her ROTC debt during her enlistment until 6 September 2002 with the debt to be remitted (and any money already
collected returned to her) upon satisfactory completion of her term of service;
and

c. showing that if she fails to complete the period of enlisted service obligated as a result of her amended ROTC scholarship contract either voluntarily or because of her misconduct, her ROTC debt would be required
to be recouped on a pro-rated basis in accordance with paragraph 12 of this
DA Form 597-3.




BOARD VOTE:

_dj____ __dh____ __ea___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Deborah S. Jacobs___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001059864
SUFFIX
RECON
DATE BOARDED	20011106
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	ACTIVE DUTY
DISCHARGE AUTHORITY	AR . . .—ACTIVE DUTY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 293
2.
3.
4.
5.
6.

.