RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          29 March 2005
      DOCKET NUMBER:  AR20040000710


      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. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Ms. Susan A. Powers               |     |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, an individual with a general power of attorney, requests
on behalf of the service member (SM), that his United States Army Reserve
(USAR) service be accepted in lieu of repayment for his Senior Reserve
Officer Training Corps (SROTC) scholarship debt.

2.  The applicant states that the SM enrolled in the SROTC program in
September 2001, while attending Morgan State University.  In March 2002, he
fractured his foot during SROTC training.  His physician advised him to
refrain from physical activity until the injury healed.  The SM graduated
in May 2002, and his SROTC contract ended prior to his injury being healed.
 Several months after graduation, the SM was contacted to complete the 3
months of SROTC training that he missed during the injury.  The SM had
started a fulltime job and it was impossible for him to return to the SROTC
program.  The SM has served in an active duty status with his USAR unit
since December 2003.  He was assigned to Fort Dix, New Jersey from December
2003 to March 2004 and in Kuwait from 3 to 26 March 2004.  He was assigned
to Camp Anaconda, Baghdad, Iraq at the time this application was filed.
The applicant believes the SM's debt is invalid because he was not notified
in a timely manner that he was required to complete the training that he
missed.  He also believes that his current active duty service should be
sufficient to satisfy his SROTC obligation.

3.  The applicant provides in support of his request a:

      a.  Memoranda dated 3 and 30 March 2004, 23 April 2004, 5 May 2004
and 22 June 2004.

      b.  DA Form 5315, United States (US) Army Advanced Education
Financial Assistance Record, dated 2 May 2003, that shows the SM's total
SROTC debt equals $17,813.00.

      d.  Orders Number 03-32400189, from the 99th Regional Readiness
Command, Coraopolis, Pennsylvania, dated 20 November 2003.

      e.  Medical Treatment Records, dated between March and May 2002.

CONSIDERATION OF EVIDENCE:

1.  Prior to enlisting in the SROTC program on 1 February 1999, the SM
enrolled in the United States Army Reserve for 8 years, training in
military occupational specialty (MOS) 88, Motor Transport Operator and in
pay grade
E-1.  The SM's DA Form 597-3 is not contained in the available record,
however, as part of his enlistment in the SROTC program, the SM would have
signed a DA Form 597-3, the agreement between the Army and a potential
SROTC cadet.  This form contains the promises made between the Army and the
cadet and includes what action the Army will take in the event that a cadet
fails to successfully complete the terms of the contract.  The SM would
have authenticated his contract and acknowledged he understood and agreed
that if he were disenrolled from the SROTC program he could be called to
active duty for a period of 3 years or incur a reimbursement obligation.

2.  Medical documents that were provided shows that, between March and May
2002, the SM was being treated for a foot injury and his physician advised
him to refrain from physical activity until the injury healed.

3.  The Education Financial Assistance Record, dated 2 May 2003, that was
provided shows that between 3 July 2001 and 23 January 2002, the SM was
disbursed SROTC scholarship funds totaling $17,813.00.

4.  On 3 March 2004, Headquarters, United States (US) Army Cadet Command
Fort Monroe, Virginia notified the SM that he was disenrolled from the
SROTC program under the provisions of Army Regulation 145-1, paragraph
3-43a(16), due to a breach of his SROTC scholarship contract.  The breach
was based on his failure to remain enrolled in military science classes.
He was advised that he was indebted to the United States Government for
advanced education assistance in the amount of $17,813.00.  He was also
advised that he could satisfy the debt and fulfill his contractual
obligation through an order to active duty in an enlisted status or he
would be afforded the opportunity to repay the debt.

5.  Orders Number 03-32400189, dated 20 November 2003, shows the SM was
ordered to active duty as a member of the Reserve Component for a period of
548 days unless sooner released or extended.  His unit was mobilized in
support of Iraqi Freedom.  The SM's report date was 7 December 2003.

6.  On 23 April 2004, the applicant was advised that a debt had been
established in the SM's name with the Defense Finance and Accounting
Service (DFAS), Denver, Colorado for recoupement of the scholarship funds
arising from his breach of the SROTC contract.

7.  In connection with this application, Headquarters, USA Cadet Command,
Fort Monroe, provided an advisory opinion, dated 27 May 2004, which states,
in effect, on 3 March 2004, the SM was offered three options to satisfy his
debt due to the breach of his ROTC contract and that he failed to respond.
Instead, he chose to enter active duty through a recruiter.  In fact, he
entered active duty as a result of his USAR unit being ordered to active
duty.

8.  The advisory opinion also states that the SM was disenrolled from the
SROTC program due to a breach of his contract.  He was offered the
opportunity to accept an expeditious call to active duty or repay the debt
monetarily.  Based on information that is available, the SM is serving in
an active duty status, but his active duty is not the result of being
ordered to active duty through SROTC channels.  His current active duty
service is not an authorized remedy for debt repayment under the terms of
the SROTC contract.  The Cadet Command recommends that his current active
military service not be used to satisfy his SROTC contractual obligation.

9.  The above advisory opinion was referred to the applicant for comment or
rebuttal on behalf of the SM.  On 22 June 2004, the applicant responded by
stating that the SM advised the Cadet Command that he wanted to
appeal/dispute the validity of the debt and that the Cadet Command
responded to the SM by sending him an application to apply to the Army
Board for Correction of Military Records.  The applicant reiterates that
the SM was ordered to active duty with the USAR, and that he did not enlist
in the Regular Army.  However, he is serving in an active duty status and
assigned to Iraq.  He is loyal and committed to risking his life everyday
to keep our country and other countries safe.  The SM's current active duty
service should be accepted in lieu of payment of his SROTC debt.  The SM
missed only the last 3 months of SROTC training, as a result of an injury
that he sustained during SROTC training and his physician advised him not
to participate in any further physical activities.

10.  In processing this application, on 17 March 2005, a telephone
conversation between the staff of the Board and the applicant revealed that
the SM served in Iraq from early March until mid October 2004 until he was
wounded and returned to Fort Dix, New Jersey.  Currently, the SM is
assigned to Fort Dix in an active duty status due to medical reasons.  The
SM's unit returned to the United States from Iraq on 1 March 2005.

11.  Army Regulation 145-1 (Reserve Officers' Training Corps-Senior Reserve
Officers' Training Corps Program:  Organization, Administration, and
Training) prescribes policies and general procedures for administering the
Army's SROTC
Program.  This regulation provides in pertinent part that a scholarship or
non-scholarship cadet under consideration for involuntary call to active
duty for breach of contract will be so ordered within 60 days after they
would normally complete baccalaureate degree requirements or the cadet is
no longer enrolled in school.  Graduate students may not be ordered to
active duty until they complete the academic year in which they are
enrolled or disenroll from the school, whichever occurs first.  The cadet
will not be discharged/disenrolled from SROTC until determination has been
received from Headquarters, Cadet Command.  If it is determined that the
cadet will be ordered to active duty, the cadet will not be discharged, and
Headquarters, Cadet Command will issue active duty orders.

12.  Army Regulation 37-104-3 (Finance Update) provides the policies and
provisions for entitlements and collections of pay and allowances of
military personnel.  Chapter 59 currently in effect, 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, United States 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 SM failed to meet the requirements of his SROTC scholarship program
contract and a debt was assessed against him for repayment of the SROTC
scholarship benefits that he received.

2.  On 7 December 2003, the SM was ordered to active duty as a result of
his Reserve unit being mobilized in support of Operation Iraqi Freedom.
Had the SM been ordered to active duty as a result of disenrollment from
the SROTC program, he would be required to serve in an active duty status
for at least
3 years, which is longer than he will most likely be required to serve in
an active duty status.

3.  Nonetheless, the SM’s 8-year USAR obligation, to include his current
active duty service of more than 6 months of active military service in a
hostile fire zone is accepted as equivalent to being called to active duty
under the terms of his SROTC contract.  Therefore, collection of his SROTC
scholarship debt should be held in abeyance during the term of his USAR
enlistment and remitted provided he satisfactorily completes the terms of
his USAR contract.

4.  If the applicant fails to complete the period of service obligated as a
result of his USAR contract, either voluntarily or because of misconduct,
his SROTC scholarship debt would be required to be recouped on a pro rata
basis.  If the SM is separated as a result of a physical injury incurred
while serving in an active duty status his debt should be fully remitted
upon separation.

BOARD VOTE:

__mhm___  __phm___  __sap___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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:


      a.  Amending the SM's SROTC scholarship contract to show that he
would satisfy the service obligation component under the original terms of
the SROTC contract as a Reservist;

      b.  Suspending collection of his SROTC scholarship debt during his
USAR service, with the debt to be remitted upon his satisfactory completion
of his USAR service; and

      c.  Showing that if he fails to complete the period of USAR service
obligated as a result of his amended SROTC scholarship contract, either
voluntarily or because of misconduct, his SROTC debt will be recouped on a
pro rata basis in accordance with paragraph 12 of his DA Form 597-3.

      d.  If the SM is separated as a result of a physical injury incurred
while serving in an active duty status his debt should be fully remitted
upon separation.



                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040000710                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050329                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |104.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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