RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            13 SEPTEMBER 2005
      DOCKET NUMBER:   AR20040011247


      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 the remission/cancellation of his Reserve
Officer Training Corps (ROTC) Scholarship debt.

2.  The applicant states that he desires his indebtedness to the Department
of Defense (DoD) be satisfied through his active duty service with the
United States Marine Corps (USMC).  He goes on to state that he understood
his obligation was to serve in the Army for 3 years; however, he enlisted
in the USMC for 4 years and believes he is fulfilling his obligation to the
DoD.

3.  The applicant provides copies of his disenrollment from the ROTC and
his ROTC Contract Agreement.

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 12 September 2001 for a
period of 8 years, and pay for a period of 2 academic years at McKendree
College for tuition and educational fees up to $17,000 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 23 July 2002, he signed a Statement of Understanding (Cadet Command
Form 213-R, July 94) in which he stated that if he was found to be in
breach of his ROTC contract, he desired to immediately serve on active duty
in the pay grade of E-1 for a period of 3 years, within 30 days of his
disenrollment.

4.  On 8 October 2002, the applicant was notified that he was disenrolled
from the ROTC Program due to breach of his contract in that he had failed
to report to the National Advanced Leadership Camp 2002.  He was also
advised that if he elected to repay the monies spent in support of
educational assistance, the amount owed was $16,175.00.

5.  On 16 October 2002, he enlisted in the Marine Corps Reserve (USMCR) for
a period of 8 years under the delayed entry program (DEP).  He enlisted in
the Regular USMC on 10 February 2003 in the pay grade of E-2 for a period
of 4 years.  He is currently serving in Kings Bay, Georgia.

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 and subsequently
elected, if found to be in breach of his contract, to be immediately
ordered to active duty in the pay grade of E-1, for a period of 3 years in
the Army.

2.  The applicant clearly made known his desire to be ordered to active
duty if found in breach of his contract; however, he did not await orders
from the Army and instead enlisted in the USMC Reserve on 16 October 2002,
a week after his ROTC disenrollment, and entered active duty in the Regular
USMC in the pay grade of E-2, on 10 February 2003, for a period of 4 years.


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 other
enlistment incentives.  Therefore any benefit he received was negligible.

4.  Notwithstanding the fact that the applicant had agreed to be ordered to
active duty in the Army in the pay grade of E-1 and instead enlisted in the
USMC, it would be unfair under the circumstances to require him to repay
his debt and still serve 4 years in the USMC.  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.

5.  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.

6.  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 10 February 2003, 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                 |AR20040011247                           |
|SUFFIX                  |                                        |
|RECON                   |N/A                                     |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |N/A (USMCR)                             |
|DATE OF DISCHARGE       |N/A (USMCR)                             |
|DISCHARGE AUTHORITY     |T10 USC, Sec 2005(a)(3)                 |
|DISCHARGE REASON        |N/A (USMCR)                             |
|BOARD DECISION          |(GRANT FULL RELIEF)                     |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |293/rem/can debt                        |
|1.128.1000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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