RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 March 2005
      DOCKET NUMBER:  AR20040000314


      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. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Margaret K. Patterson         |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |Member               |

      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 that her current active duty commitment and
service in the United States Navy be accepted as repayment of her Reserve
Officers' Training Corps (ROTC) scholarship debt.

2.  The applicant states, in effect, that she has served over 2 years of
active duty in the Navy Nurse Corps and that her service in the Navy should
be accepted in lieu of monetary repayment of her Army ROTC debt.

3.  The applicant provides a letter from the Department of the Navy, dated
12 February 2002; a copy of her Officer Appointment Acceptance and Oath of
Office (Navy); a letter from the Defense Finance and Accounting Service
(DFAS); a copy of her New Appointment Orders from the Navy, a copy of her
Military Leave and Earnings Statement; a copy of her billing statement for
her ROTC debt, and a letter of support from the Critical Care Nursing
Department at the Naval Medical Center, dated 8 April 2004.

CONSIDERATION OF EVIDENCE:

1.  The available records show that the applicant was enrolled as a college
student at the University of Missouri-Columbia (UMC).  On 24 August 1998,
the applicant enrolled in the UMC ROTC program as a two-year scholarship
student.

2.  On 14 February 2000, the applicant informed the Military Science
Department at UMC of her decision to withdraw from the Army ROTC program.

3.  On 31 March 2000, the U.S. Army Cadet Command informed the applicant
that under the terms of her contract, she could elect to repay the debt
monetarily or be involuntarily ordered to active duty through ROTC channels
based on the needs of the Army.  The applicant failed to return her choice
of options.

4.  The applicant's Cadet Record Brief shows that she was disenrolled from
ROTC effective 25 April 2000.

5. The applicant was commissioned in the Navy on 23 July 2001.  She is
still on active duty in the Navy and is currently assigned to the Naval
Medical Center in San Diego, California.  She received no cash bonus for
enlisting.

6.  The applicant provided a copy of a letter of support, dated 8 April
2004, from a captain in the Navy Nurse Corps assigned to the Naval Medical
Center.  The captain stated in his letter that the applicant had served on
active duty since attending the Navy Officer Indoctrination School in 2001
and was subsequently assigned to the Naval Medical Center.

7.  The captain further stated that the applicant's active duty obligation
would be completed in May 2004 and that she [the applicant] was extending
and would be on active duty until September 2005.  He concluded his letter
by requesting that the recoupment of the applicant's Army ROTC debt be
terminated in light of her honorable service in the Navy Nurse Corps.

8.  In the processing of this case, Headquarters, U.S. Army Cadet Command,
Fort Monroe, Virginia provided an advisory opinion which states, in effect,
that
the applicant was disenrolled from the ROTC program due to a breach of
contract after her voluntary withdrawal from the University of Missouri.
The Cadet Command opined that the applicant's decision to breach her ROTC
contract and join the Navy was voluntary and not an authorized remedy for
debt repayment under the terms of her ROTC contract.

9.  The advisory opinion further stated that the applicant was offered the
opportunity to accept an expeditious call to active duty or repay her
scholarship benefits and she failed to make a selection.  Subsequently, the
Cadet Command established a debt with the Defense Finance and Accounting
Service-Denver. The advisory opinion further recommended that the
applicant's enlistment not be used to reduce the amount that she will be
required to reimburse the United States for advanced education.

10.  A copy of the advisory opinion was referred to the applicant for
comment or rebuttal and she failed to respond.

11.  Army Regulation 145-1 (Senior Reserve Officers' Training Corps
Program:  Organization, Administration, and Training), paragraph 6-30
states that ROTC graduates will not normally be released from the terms of
their contracts for appointment in another Service.  The release, if
granted, will be conditional on acceptance by the requesting Service.
Scholarship students will not be released to other Services.

12. Army Regulation 37-104-3 (Finance Update) provides that policies and
provisions for entitlements and collections of pay and allowances of
military personnel.  Chapter 59, provides for recoupment of educational
expenses, e.g., SROTC, United States Military Academy, and advanced
civilian schooling under previous agreement when obligated active duty
service has not been completed.


13.  Title 10, U. S. Code, section 2005, serves as the authority for
reimbursements for advanced education assistance.  It states, in pertinent
part, that individuals who fail to complete the terms of their advanced
education assistance agreement will reimburse the United States for the
unserved portion not fulfilled.

DISCUSSION AND CONCLUSIONS:

1.  The applicant voluntarily disenrolled from the ROTC program and failed
to meet the requirements of her ROTC scholarship program contract and a
debt was assessed against her for repayment of ROTC benefits she received.

2.  The applicant argues that her service in the Navy should qualify as
repayment of her ROTC scholarship debt.  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 branch of service, or a training option.  In this sense, she
has obtained an advantage over similar individuals who, upon disenrollment
from ROTC, choose active duty or are involuntarily ordered to active duty.
This advantage occurs because Army Regulation 145-1 mandates that cadets
ordered to active duty for breach of contract be 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.

3.  The applicant did not respond to the request from the Cadet Command
regarding the terms of her debt repayment.  It appears she decided to join
the Navy rather than accept a call to active duty.

4.  The applicant would have incurred a 2-year obligation based on the
scholarship benefits she received.  The applicant initially enlisted in the
Navy on 23 July 2001 and, as of 18 January 2005, she is still on active
duty and has completed the active duty obligation she would have incurred
had she elected expeditious call to active duty.  The Department of Defense
has been getting the benefits of her service for the last 3 years.

5.  Notwithstanding the advisory opinion, the applicant's enlistment in the
Navy and her subsequent appointment as an ensign on 23 July 2001 and her
current rank of lieutenant junior grade serves the same purpose as
successful completion of ROTC although in a different branch of service.
The Department of Defense is still getting the benefits of her service.

6.  As a matter of equity, it would be appropriate to consider her
appointment in the U.S. Navy to have met the military service obligation
required by her ROTC scholarship contract.

BOARD VOTE:

__cak___  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  __mkp___  __fe____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
amending her ROTC scholarship contract to show that she would satisfy the
service obligation under the original terms of the ROTC contract by
successfully completing her active duty service in the Navy.  Therefore,
any debt established based on breach of contract is erroneous.


                                        Fred Eichorn
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000314                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050303                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |104.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]