RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 August 2005
      DOCKET NUMBER:  AR20040010336


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 active Army.

2.  The applicant states, in effect, that the Defense Finance and
Accounting Service (DFAS) shows he has a ROTC scholarship debt of
$3,679.00.  However, he believes this debt is no longer valid based on his
voluntary enlistment.

3.  The applicant provides a copy of his enlistment contract and associated
documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered into an ROTC contract on 8 May 2002.  By signing
the contract, he acknowledged his understanding of the conditions of the
contract and that he concurred with them.

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

3.  On 8 March 2004, the applicant was disenrolled from the ROTC program
based on his inaptitude for military service as demonstrated by his lack of
general adaptability, skill, hardiness, ability to learn, or leadership
abilities.

4.  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 8 March 2004, after he was
disenrolled from the ROTC program, the applicant was provided these options
in an election statement and he chose to make monetary payments.  As a
result, a debt was established in his name with the DFAS, Denver, Colorado
on 23 March 2004.
5.  The USACC advisory opinion also states that the applicant's decision to
breach his ROTC contract, and his election to make monetary payment 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.

6.  On 1 February 2005, the applicant was provided a copy of the USACC
advisory opinion in order to have an opportunity to respond to its
contents.  To date, he has failed to reply.

7.  The applicant’s record includes an enlistment contract (DD Form 4),
dated
12 August 2004, which shows he enlisted in the Army for three years, in the
rank and pay grade of specialist/E-4 (SPC/E-4).  The DD Form 4 is
accompanied by a
Statement for Enlistment United States Army Enlistment Program, which
confirms he enlisted for Option 9B (United States Army Station of Choice)
for assignment in Europe, and for training in military occupational
specialty (MOS) 11B.  There is no indication the applicant received an
enlistment bonus in connection with his enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his 3 year enlistment in the Army
fulfills
his obligation under his breached ROTC contract was considered and found to
have merit.  Although, his ROTC contract called for an expeditious call to
active duty through ROTC channels based on the needs of the Army, without
the benefit of advancement in grade, his enlistment in the Army serves the
same purpose as would have been served had he been ordered to active duty
in the Army through ROTC channels.

2.  The record shows that as a result of the applicant’s 3 year enlistment,
the Army is receiving the same military service benefit it would have
gained had the applicant been ordered to active duty as a result of
breaching his ROTC contract.

3.  In view of the facts of this case, it is appropriate to correct the
record to show that he has satisfied his ROTC debt by remitting his
$3,679.00 ROTC debt.  However, if he fails to complete his current period
of obligated active duty service either voluntarily or because of
misconduct, his ROTC debt should be recouped on a prorated basis.
BOARD VOTE:

___MHM_  __JTM __  __JBG__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that all the Department of the Army records of the individual concerned be
corrected by amending his ROTC scholarship contract to show that he would
satisfy his ROTC scholarship debt of $3,679.00 under the original terms of
the ROTC contract by successfully completing his current enlistment in the
Regular Army.

2.  If the individual concerned fails to complete the period of enlisted
service obligated as a result of his amended ROTC scholarship contract
either voluntarily or because of misconduct, his ROTC debt would be
required to be recouped on a prorated basis.




            ____Melvin H. Meyer______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010336                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/16                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1. 1026  |112.1200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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