RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 SEPTEMBER 2005
      DOCKET NUMBER:   AR20040010478


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McCants              |     |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, the remission/cancellation of his
Reserve Officer Training Corps (ROTC) Scholarship debt.

2.  The applicant states, in effect, that he desires to have his ROTC
Scholarship debt cancelled/remitted based on his 4-year enlistment in the
Marine Corps.

3.  The applicant provides a copy of his ROTC Contract, his orders
discharging him from the ROTC, his Marine Corps enlistment contract, his
account statement from the Defense Finance and Accounting Service (DFAS)
and a Power of Attorney appointing his father to act in his behalf.

CONSIDERATION OF EVIDENCE:

1.  He enlisted in the United States Army Reserve (USAR) as a cadet for
assignment to the USAR Control Group (ROTC) on 18 August 1998 for a period
of 8 years, and pay for a period of 4 academic years at the University of
Tampa for tuition and educational fees up to $16,000 per year.

2.  As part of his enlistment contract he acknowledged that he understood
that if he was disenrolled from the ROTC program, that he may, at the
discretion of the Army, in lieu of being ordered to active duty as a
private (E-1) for a period specified, 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 his advanced
education from the commencement of the contractual agreement to the date of
disenrollment.

3.  On 24 May 2004, after being disenrolled from the ROTC Program for
breach of contract, he was advised of his rights and was informed that his
options were to either repay the debt monetarily or to be ordered to active
duty through the ROTC channels based on the needs of the Army.  The
applicant elected to make the payments and an account was established by
the DFAS on 21 June 2004, in the amount of $51,252.00, to be made in
monthly installments of $1,447.82.  On 22 June 2004, he was discharged from
the United States Army Reserve (USAR) Control Group (ROTC).

4.  Meanwhile, on 11 June 2004, the applicant enlisted in the Marine Corps
Reserve, in the pay grade of E-2, for a period of 8 years under the Delayed
Entry Program (DEP).  On 26 July 2004, he enlisted in the Regular Marine
Corps (USMC) for a period of 4 years.  He is currently serving in Iraq.
5.  In the processing of this case, a staff advisory opinion was obtained
from the Department of the Army Cadet Command which opines, in effect, that
the applicant's subsequent enlistment in the Marine Corps did not then and
does not now satisfy the conditions of his ROTC contract.  The advisory
opinion was dispatched to the applicant for comment and the applicant’s
father responded back to the effect that it was the applicant’s desire to
serve his country as a combat soldier and when he was informed that he had
no choice in the matter,  he elected to repay the debt.  However, the
Marine Corps assured him of combat duty and he enlisted for 4 years, still
believing that it was his patriotic duty to actively fight terrorism.

6.  Title 10, United States Code, section 2005(a)(3), states, in pertinent
part, that the Secretary concerned may require, as a condition to the
Secretary providing advanced education assistance to any person, that such
person enter into a written agreement with the Secretary concerned under
the terms of which such person shall agree that if such person, voluntarily
or because of misconduct, fails to complete the period of active duty
specified in the agreement, or fails to fulfill any term or condition
prescribed by the Secretary to protect the interest of the United States,
such person will reimburse the United States in an amount that bears the
same ratio to the total costs of advanced education provided such person as
the un-served portion of active duty bears to the total period of active
duty such person agreed to serve.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant has not contended that he was unaware of the
conditions of his contract, the evidence of record clearly shows that the
applicant understood the conditions of his ROTC contract, whereas he could
elect to repay his scholarship debt in lieu of being involuntarily ordered
to active duty in the rank of E-1 for a period of 3 years in the Army.

2.  He clearly declined the involuntary call to active duty and elected to
make payments to the DFAS in accordance with the conditions of his
contract.

3.  While the applicant was able to enlist in the USMC in the pay grade of
E-2, vice being ordered to active duty in the Army in the pay grade of E-1,
he enlisted for a period of 4 years and was not offered any enlistment
incentives.  Therefore any benefit he received was negligible.

4.  It is also noted that the applicant had already enlisted in the Marine
Corps prior to making his election to repay his ROTC Debt, which is
indicative that he intended to honor the conditions of his contract.

5.  Notwithstanding the fact that the applicant has agreed to both repay
his debt and to serve 4 years in the USMC, it would be unfair under the
circumstances to require him to do so.  The main purpose of the advance
education assistance programs is for the Armed Services to obtain ADSOs
(active duty service obligations) from qualified personnel in exchange for
educational assistance.  The applicant entered into a 4-year ADSO to the
United States, albeit serving in the USMC instead of the Army as required
by his ROTC contract.  Thus the spirit of 10 USC 2005 has been satisfied.

6.  Additionally, the Board recognizes the importance of the applicant's
service to his country, regardless of which Armed service is involved, and
finds that in the interest of justice and as a matter of equity, his debt
should be forgiven upon successful completion of his 4-year enlistment in
the Marine Corps, as an exception to policy.

7.  Accordingly, as a matter of equity, his ROTC Scholarship Contract
should be amended to reflect that his debt obligation may be satisfied by
virtue of completion of his enlistment in the Marine Corps, as an exception
to policy.

BOARD VOTE:

___SP __  ___RD __  ___JM___  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 reflect that his debt obligation
will be satisfied upon successful completion of his 4-year enlistment in
the Marine Corps beginning on 26 July 2004, as an exception to policy, and
by suspending the payment of that debt upon receipt of these proceedings,
until such time as he provides documentation to the DFAS to show that he
completed his enlistment.




            _____Shirley Powell_________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010478                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |Title 10 USC, Sec 2005 (a) (3)          |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT FULL RELIEF                       |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |293/REM/CANC DEBT                       |
|1.128.1000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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