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ARMY | BCMR | CY2003 | 2003091670C070212
Original file (2003091670C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 January 2004
         DOCKET NUMBER: AR2003091670


         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
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor Chairperson
Mr. Walter T. Morrison Member
Ms. Karen Y. Fletcher 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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests, in effect, that her Reserve Officers' Training Corps (ROTC) debt be waived.

2. The applicant states that she has been in the Army for 5 years now. She should not have to pay the money back because she fulfilled her 3-year obligation. Paying the money back would be a hardship for her. She thought by joining the Army that she was fulfilling her obligation to the Army.

3. The applicant provides a copy of her military identification card, her promotion orders to sergeant, a letter dated 2 December 2002 from her commander, and her enlistment and reenlistment contracts.

CONSIDERATION OF EVIDENCE:

1. On 22 August 1992, the applicant signed a DA Form 597-3 (Army Senior Reserve Officers' Training Corps (ROTC) Scholarship Cadet Contract). Paragraph 7d states, "Under other disenrollment criteria established now or in the future by Army regulations, incorporated herein by reference…the Secretary of the Army or his or her designee may order me to active duty as an enlisted soldier for a period of not more than four years or, in lieu of being ordered to active duty, may require me to reimburse the United States through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States for my advanced education…"

2. Paragraph 9 of the applicant's DA Form 597-3 states, "I understand that if I am disenrolled from the ROTC program for any reason…I may, at the discretion of the Army, be directed, in lieu of being ordered to active duty as a private (E1) for a period as specified… to reimburse the United States through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States for my advanced education…"

3. Paragraph 10 of the applicant's DA Form 597-3 states, "I agree that if I am disenrolled from the ROTC Program…any money I am determined to owe the United States that is not paid in a lump sum on the date it is due, shall bear interest at the rate equal to the highest rate being paid by the United States on securities…and shall accrue from the day that I am first notified of the amount I owe to the United States as reimbursement under this contract. I also agree that, if the debt is not paid in a lump sum, I will be required to pay it in monthly installments over a period not to exceed 36 months, in an installment payment amount of not less than $50, unless approved otherwise by the Defense Finance and Accounting Service – Indianapolis Center (DFAS)."


4. The applicant's disenrollment packet is not available. Her cadet record brief shows she was placed on leave of absence in January 1995 and disenrolled in October 1995 for academic deficiency.

5. On 19 May 1998, the applicant enlisted in the Delayed Enlistment Program. On 4 June 1998, she enlisted in the Regular Army for 4 years, in pay grade E-3, for the Loan Repayment Program (not to exceed $65,000) and for training in military occupational specialty 37F (Psychological Operations Specialist) and airborne training.

6. The applicant reenlisted on 8 June 2001 for a selective reenlistment bonus.

7. In the processing of this case, an advisory opinion was obtained from Headquarters, U. S. Army Cadet Command. That command noted that the applicant's active duty service was not the result of an involuntary call to active duty through ROTC channels in satisfaction of the ROTC contractual obligation. While voluntary enlisted service is not an authorized remedy under the terms of the ROTC contract, that command had no objection to the active duty since the number of years surpassed he scholarship obligation. However, any bonuses received for that initial active duty period should be forfeited or any part that is equal to her scholarship debt repaid to the government.

8. A copy of the advisory opinion was provided to the applicant for comment or rebuttal. She failed to respond within the given time frame.

9. On 30 December 2003, the U. S. Army Human Resources Command, Education Incentives Branch informed the Board analyst that the applicant had a total of $27,000 in loans repaid under the Loan Repayment Program.

10. On 5 January 2004, DFAS – Denver Center, Waiver/Remissions Branch informed the Board analyst that the applicant's original ROTC debt was $14,918.99. On 7 January 2004, the applicant indicated her original ROTC debt was $15,068.00.

11. Army Regulation 135-210 prescribes policies and procedures for ordering individual soldiers of the Army National Guard of the United States and the U. S. Army Reserve to active duty during peacetime. In pertinent part, it states that former ROTC cadets, when ordered to active duty, will be ordered to report to the U. S. Army Reception Battalion and will be ordered to active duty in pay grade E-1.

DISCUSSION AND CONCLUSIONS:

1. DFAS – Denver Center indicated the applicant's ROTC debt totaled $14,918.00.

2. Had the applicant chosen active duty or been involuntarily ordered to active duty as a result of her disenrollment, she would have been assigned against the needs of the Army, in pay grade E-1, and not allowed any enlistment options. Instead, she enlisted in the Regular Army in June 1998 in pay grade E-3, for the Loan Repayment Program (up to a maximum of $65,000) and for training of choice. Her student loans have since been repaid in the amount of $27,000. This is an additional benefit for which she would not have been eligible had she accepted a call to active duty or been ordered to active duty as provided for by law.

3. The applicant's contention that she thought by joining the Army that she was fulfilling her obligation to the Army is noted; however, there is nothing in her
ROTC contract that would lead her to believe such was the case. Paragraphs 7 and 9 of her DA Form 597-3 mention her being ordered to active duty or ordered to active duty as an E-1 in lieu of repaying the debt. Nowhere in the contract does it mention enlistment.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__rvo___ __wtm___ __kyf___ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




                  __Raymond V. O'Connor_
                  CHAIRPERSON




INDEX

CASE ID AR2003091670
SUFFIX
RECON
DATE BOARDED 20040129
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 128.10
2.
3.
4.
5.
6.


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