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ARMY | BCMR | CY2002 | 2002081102C070215
Original file (2002081102C070215.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 August 2003
         DOCKET NUMBER: AR2002081102

         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
Mrs. Carolyn G. Wade Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Margaret V. Thompson Member
Mr. John T. Meixell 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)


APPLICANT REQUESTS: In effect, that the Board void her Guaranteed Reserve Forces Duty (GRFD) Scholarship/DASE-COOP Cadet Contract Endorsement and that she be allowed to enter the Regular Army.

APPLICANT STATES
: That she did not fully understand the type of scholarship she received and that she accepted it because she needed help with tuition and books.

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

She enlisted in the Regular Army (RA) on 17 August 1994 and served until she was discharged on 29 August 1999 to enter an officer-training program. At the time of her discharge, she was serving in the rank of sergeant/E-5 as a medical noncommissioned officer. The applicant’s discharge from the RA was contingent upon concurrent enlistment in the United States Army Control Group (ROTC) for a period of 8 years

On 6 September 2000, by signing the GRFD Scholarship/DASE-COOP Cadet Contract Endorsement the applicant acknowledged that she understood that her service on active duty would not be required upon her completion of her degree requirements and successful completion of the Senior Reserve Officers’ Training Corps training. She also acknowledged that she understood that after commissioning that her military service obligation could only be fulfilled in the Army National Guard.

On 2 August 2002, following completing of all training requirements, the applicant was commissioned a second lieutenant/0-1 in the United States Army Reserve and assigned to the Adjutant General’s Corps.

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 Board notes that the applicant accepted an Army scholarship in order to accomplish her educational goals. Now that those goals have been accomplished she should be held to the conditions of her contract.

2. The Board notes that the conditions of the contract were clearly spelled out and that by signing the contract the applicant acknowledged that she understood the conditions of the contract and that she was not eligible to serve her military service obligation on active duty, but only in the National Guard.

3. The Board finds that the applicant is not eligible to serve her military service obligation on active duty and there is no reason to void her contract.

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 this requirement.

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

__fne___ __mvt___ __jtm___ DENY APPLICATION




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



INDEX

CASE ID AR2002081102
SUFFIX
RECON
DATE BOARDED 20030819
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 112.0200
2.
3.
4.
5.
6.


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