RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040010508


      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. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Larry 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.  In effect, the applicant requests that her ROTC (Reserve Officers’
Training Corps) debt be forgiven.

2.  The applicant states that she contracted for one year in the Army ROTC
program at Western Maryland College.  In the fall of 1999 she decided that
she no longer wanted to remain in the program and was officially discharged
on         28 February 2000.  She chose the option to repay her loan of
approximately $16,000.00 in a payment plan.  Eighteen months after she
graduated from college, she enlisted in the Army in pay grade E-4.  She was
advised by DFAS (Defense Finance and Accounting Service) that her loan was
suspended and would be terminated after she serves 2 years of active duty
and completed a    DD Form 149.  Her service on active duty should satisfy
her debt.

3.  The applicant provides a copy of her ROTC discharge order, a copy of a
statement for enlistment (DA Form 3286-63), a copy of an assignment order,
and a copy of a memorandum attesting to her active duty service.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s DA Form 597-3 (Army Senior ROTC Scholarship Cadet
Contract) is unavailable to the Board; however, on 28 February 2000, the
Cadet Command informed the applicant that she was disenrolled from the Army
ROTC program because of her failure to attend required military science
classes, physical training, and leadership labs.  She was also informed
that when a scholarship contract is breached, any obligation to the Army
had to be satisfied through order to active duty in an enlisted status or
by repaying the cost of the education assistance provided by the Army.  She
was advised that the total amount of monies spent in support of her
educational assistance was $16,675.00.  She was advised to elect an option.
 On 5 April 2000, the applicant signed a statement electing to repay
$16,675.00 in monthly installments, plus interest on the amount owed.

2.  On 25 April 2000, the Cadet Command informed the Professor of Military
Science of the Army ROTC Instructor Group, Western Maryland College, that
the applicant was disenrolled from the ROTC Program on 28 February 2000,
and would be discharged from the Army Reserve.  On the same date, the Cadet
Command requested the applicant’s case be processed for establishment of a
debt with DFAS.   Orders were published on 6 June 2000 discharging the
applicant from the Army ROTC program effective on 28 February 2000.

3.  On 24 October 2002, the applicant enlisted in the Army for 5 years in
pay grade E-4 for training as a military policeman, and for the student
loan repayment program, not to exceed an amount of $65,000.00.

4.  In a 26 October 2004 statement, the applicant’s commanding officer,
stationed at Bagram Airfield in Afghanistan, indicated that the applicant
had been serving on active duty as an enlisted Soldier for two years.

5.  The applicant is currently assigned to Schofield Barracks in Hawaii.

6.  In the processing of this case an advisory opinion was obtained from
the Cadet Command.  That command stated that the applicant voluntarily
breached the terms of her ROTC contract, and also voluntarily enlisted in
the Army; however, her voluntary enlisted service in the Army was not an
authorized remedy for debt repayment.  The Cadet Command, in effect,
recommended denial of the applicant’s request.

7.  In her rebuttal, the applicant acknowledged that she voluntarily
breached her ROTC contract and agreed to repay her ROTC debt in lieu of
being ordered to active duty.  She stated that she understood that her
enlistment was not the result of being ordered to active duty; however, the
idea of serving on active duty while simultaneously repaying this ROTC loan
seemed unfair.  She stated that she enlisted in pay grade E-4, and was
advanced to pay grade E-5, and was on a five-year enlistment.  She stated
that she was currently in the 9th month of a     12-month deployment to
Afghanistan.  She also stated that her enlistment should be taken into
consideration because her base pay was significantly less than that of a
second lieutenant.  Her service on active duty should be taken into
consideration in forgiving her debt to the Army.

8.  Information from the Human Resources Command Education and Incentives
Branch indicates that the applicant has student loans in the amount of
$16,178.89, and that those loans are being repaid by the government.

9.  The standard Army ROTC Scholarship Cadet Contract, DA Form 597-3,
includes the following provisions and options:

      a.  Paragraph 7 of that contract notes in part that an individual may
be disenrolled from the ROTC program for failing to complete education
requirements, failing to comply with other terms and conditions of the
contract, or misconduct.  Paragraph 7d states that if the cadet were
disenrolled from the ROTC Program for any reason, the Secretary of the Army
could order the cadet to reimburse the United States the dollar amount plus
interest that bears the same ratio to the total cost of the scholarship
financial assistance provided by the United States to the cadet as the
unserved portion of active duty bears to the total period of active duty
the cadet agreed to serve or was ordered to serve.  In lieu of repayment,
the cadet could be ordered to active duty for not more than four years.

      b.  Paragraph 8 states that if called to active duty for breach of
contract under the provisions of paragraph 7, the cadet would be ordered to
active duty for a period of service based upon the year during which the
breach occurs: i.e. for a Military Science II, 2 years; a Military Science
III, 3 years; or a Military Science IV, 4 years.

      c.   Paragraph 9 states that in lieu of being ordered to active duty
for a period as specified in paragraph 8 above an individual may 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.

      d.  Paragraph 12 requires acknowledgement that the cadet understand
and agree that if they voluntarily or because of misconduct fail to begin
or fail to complete any period of active duty that they may have incurred
under the contract, they would be required to reimburse the United States
an amount of money, plus interest, that bore the same ratio to the total
cost of the financial assistance provided as the unserved portion of such
duty bore to the total obligation.

10.  In accordance with Army Regulation 135-210, former ROTC cadets, when
ordered to active duty, will be ordered to report to the U. S. Army
Reception Battalion, bypassing the recruiting function where enlistment
options are offered and negotiated, and will be ordered to active duty in
pay grade E-1.

11.  Army Regulation 145-1 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. The cadet will not be discharged/disenrolled
from ROTC 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, but Headquarters, Cadet Command
will issue orders ordering the cadet directly to active duty.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence indicates that the applicant was paid for
tuition and educational expenses in the amount of $16,675.00, that she
breached her contract, and that she agreed to repay the money owed as a
result of this breach, in lieu of being ordered to active duty.  The
indebtedness was properly created and there is no error or injustice in
that action.

2.  If the applicant had chosen to enter active duty or been involuntarily
ordered to active duty at the time she failed to continue her enrollment in
the ROTC, she would have been assigned according to the needs of the Army
and would not have had the opportunity to choose her training nor to
receive benefits under the loan repayment program.  In this sense, the
applicant has sustained an advantage over similar individuals who upon
disenrollment from ROTC, elected to enter active duty or were involuntarily
ordered to active duty.  This advantage occurred because Army Regulation
145-1 dictates that cadets ordered to active duty for breach of contract
are ordered directly to active duty in pay grade E-1.  Cadets so ordered
report directly to a military installation and do not participate in the
recruiting function where enlistment options are offered and negotiated.
The applicant, however, picked the training she would receive, enlisted in
pay grade E-4, and enlisted for the loan repayment program option, an
option resulting in the government paying her student loans in the amount
of $16,178.89.

3.  The applicant's ROTC contract states that if she disenrolled from the
program, she would be obligated to serve for a specific period on active
duty or to repay the amount of monies advanced to her.  Enlistment via the
normal recruitment process is not an option under the ROTC contract for
meeting the service obligation.

4.  Noted is the fact that after agreeing to repay the ROTC debt in April
2000, the applicant continued with her college education and enlisted in
the Army in October 2002, over 2 ½ years after she made her promise to pay
the debt. Apparently during that period of time, she paid nothing toward
the debt.

5.  The applicant incurred a debt to the government.  This debt has not
been satisfied.  The applicant’s voluntary enlistment and her current
service on active duty are noted; nonetheless, she has not lived up to her
obligation, an obligation that she freely entered into.  Consequently, her
request to forgive her ROTC debt does not warrant relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WP___  ___JM___  __LO ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  _____William Powers________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010508                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |128.10                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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