RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20040008841


      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             |
|     |Mr. Robert J. McGowan             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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, in effect, that his debt for not completing the
requirements of his Reserve Officer Training Corps (ROTC) scholarship be
forgiven based on his enlistment in the Regular Army (RA).

2.  The applicant states he owes $3,785.35 for the recoupment of education
expenses based on his ROTC scholarship.  He has enlisted in the RA and asks
that his enlistment serve to satisfy his ROTC debt.

3.  The applicant provides:

      a.  A 13 October 2004 memorandum for record.

      b.  Documents from his enlistment contract.

      c.  A copy of DFAS Form 702 (Military Leave and Earning Statement)
for September 2004.

      d.  A copy of a 26 August 2004 DFAS-Denver account statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the RA for 4 years on 18 September 2003.  He
enlisted for Option 9A, US Army Training Enlistment Program, in military
occupational specialty (MOS) 92A, Automated Logistical Specialist.  He did
not receive an enlistment bonus.

2.  Prior to his enlistment, the applicant was a student at the University
of Louisiana-Monroe where he entered into a 3-year ROTC scholarship
contract.  By signing the contract, he acknowledged his understanding of
the conditions of the contract and the obligations he incurred by entering
into the contract.

3.  At the time the applicant entered into his ROTC contract, he
acknowledged his understanding that if he failed to complete the
educational requirements of his agreement or was disenrolled from the ROTC
program:  (1) the Secretary of the Army or his designee could order him to
active duty as an enlisted Soldier for a specified period of time (3
years); or (2) in lieu of being ordered to active duty, he could be
required to repay (with interest) financial assistance he received through
the ROTC program.

4.  On 21 June 2000, the applicant was disenrolled from the ROTC program
and offered the above options.  He elected to make monetary payments and a
debt was established in his name with the Defense Finance and Accounting
Service (DFAS) – Denver, Colorado.

5.  During the processing of this case, an advisory opinion was obtained
from the United States Army Cadet Command (USACC).  It states that the
terms of the ROTC scholarship contract require a cadet either repay his
debt monetarily or agree to be ordered to active duty through ROTC channels
based on the needs of the Army.  On 21 June 2000, after he was disenrolled
from the ROTC program, the applicant was provided these options in an
election statement and requested the repayment option which resulted in the
DFAS-Denver establishing his ROTC repayment debt on 29 August 2000.

6.  The USACC advisory opinion also states that the applicant's decision to
breach his ROTC contract and his election of the repayment option were
voluntary actions.  Further, it opined that the applicant’s subsequent
voluntary enlistment in the Regular Army is not an authorized remedy for
ROTC debt repayment under the terms of his ROTC contract.  Therefore, his
voluntary enlistment should not reduce the amount he is required to
reimburse the United States for his advanced educational assistance.

7.  On 1 December 2004, the applicant was provided a copy of the USACC
advisory opinion in order to have an opportunity to respond to its
contents.  He has made email responses, but only to the effect he cannot
find a copy of his ROTC contract.

8.  The applicant provides a DFAS account statement, dated 26 August 2004,
which shows he has a debt due the government in the amount of $3,785.35.

9.  The applicant's military records contain an enlistment contract, which
shows he enlisted in the RA for 4 years on 18 September 2003.  The
enlistment contract further shows the applicant disclosed he was enrolled
in the ROTC program.  An enlistment contract (DD Form 4/3), dated 18
September 2004, confirms he entered the RA for a period of 4 years on that
date.  The enlistment contract further shows he enlisted in pay grade E-4
[based on prior enlisted service], and received the MOS training of his
choice and no cash bonus.

10.  The record does not show, nor does the enlistment contract specify
that the applicant’s enlistment in the RA was for the purpose of fulfilling
the obligation he incurred as a result of breaching his ROTC contract.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his 4-year enlistment in the RA fulfill
his obligation under his breached ROTC contract was considered.  However,
the applicant's ROTC contract called for an expeditious call to active duty
through ROTC channels based upon the needs of the Army, without the benefit
of incentives, such as training, which he received.  Nevertheless, in this
case, the applicant’s enlistment in the RA serves the same purpose as would
have been served had he been ordered to active duty in the RA through ROTC
channels.

2.  The record shows that as a result of the applicant’s 4-year enlistment,
the Army is receiving the benefits of his service for 4 years instead of
the 3 years he would have been required to serve had he been ordered to
active duty as a result of breaching his ROTC contract.

3.  In view of the facts of this case, it would be appropriate to consider
his enlistment in the RA to have met the active duty obligation required by
his ROTC scholarship contract as a matter of equity.  If he fails to
complete his current period of enlisted service, either voluntarily or
because of misconduct, his ROTC debt should be recouped on a prorated
basis.

BOARD VOTE:

__wdp___  __jtm___  __ljo___  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
amending his ROTC scholarship contract to show that he will satisfy the
$3,785.35 ROTC scholarship debt under the original terms of the ROTC
contract by successfully completing 4 years of his current enlistment in
the Regular Army.



                                        William D. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008841                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.1200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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