RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 September 2005
      DOCKET NUMBER:  AR20040011524


      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. James C. Hise                 |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Mr. Patrick H. McGann, Jr.        |     |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 that his debt for not completing the
requirements of his US Army Reserve Officer Training Corps (ROTC)
scholarship be forgiven based on his enlistment and service in the United
States Marine Corps (USMC).

2.  The applicant states he served in the USMC from 21 March 2000 to
21 January 2005 and that he served two tours of duty in Iraq.

3.  The applicant provides:

      a.  USMC Basic Individual Record.

      b.  DD Form 1966 (Record of Military Processing – Armed Forces of the
United States.

      c.  DD Form 4 (Enlistment/Reenlistment Document).

      d.  Memorandum, Headquarters, USMC, dated 13 February 2004.

      e.  DD Form 214 (Certificate of Release or Discharge From Active
Duty) from USMC.

      f.  Memorandum, Headquarters, US Army Cadet Command, dated 28 May
2000, disenrolling him from the ROTC program.

CONSIDERATION OF EVIDENCE:

1.  The applicant was a student at East Tennessee State University, Johnson
City, Tennessee.  On 31 August 1998, he was appointed as a 2-year ROTC
scholarship cadet.  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;
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.

2.  On 29 March 2000, he was disenrolled from the ROTC program and
discharged from the US Army Reserve Control Group (ROTC).  Previously on
29 March 2000, he elected not to enter active duty through the US Army
Cadet Command, electing instead to repay his scholarship debt of $4,476.00.
3.  On 22 March 2000, the applicant enlisted in the USMC for 4 years and no
bonus.  He was trained in USMC military occupational specialty (MOS) 0351
(Assault Man).  He ultimately served 4 years and 10 months, having extended
his enlistment to complete his second tour of duty in Iraq during Operation
Iraqi Freedom.  He was honorably released from active duty on 21 January
2005.

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 29 March 2000, the applicant was
provided these options in an election statement and requested the repayment
option which resulted in the Defense Finance and Accounting Service (DFAS)-
Denver establishing his ROTC repayment debt on 4 October 2000.

5.  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 USMC 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 18 May 2005, the applicant was provided a copy of the USACC advisory
opinion in order to have an opportunity to respond to its contents.  There
is no record of a response.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his 4-year enlistment in the USMC 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.  Nevertheless, in this case, the applicant’s enlistment in
the USMC serves the same purpose as would have been served had he been
ordered to active duty in the Regular Army through ROTC channels.

2.  The record shows that as a result of the applicant’s 4-year enlistment,
the United States Armed Forces received the benefits of his service for 4
years and 10 months instead of the 4 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 USMC to have met the active duty obligation required
by his ROTC scholarship contract as a matter of equity.

BOARD VOTE:

__jch___  __teo___  __phm___  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 satisfied the
$4,476.00 ROTC scholarship debt under the original terms of the ROTC
contract by having successfully completed 4 years and 10 months of service
in the USMC.



                                        James C. Hise
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011524                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050920                                |
|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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