RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 November 2004
      DOCKET NUMBER:  AR2004100137


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Mr. Robert Rogers                 |     |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 her Reserve Officers’ Training Corps (ROTC)
debt be waived.

2.  The applicant states that at the end of her ROTC training in 1996 the
Army realized its pool of future second lieutenants was larger than
anticipated.  As a result, there was limited space on active duty and the
majority of her graduating class was told to expect Reserve duty.  She
reemphasized her desire for active duty and requested a conditional release
in order to seek active duty in a different Service.  Her request was
refused, so she disenrolled from the Army ROTC Program to pursue military
service via Marine Officer Candidate School.  She completed this training
and was commissioned on 15 August 1997.  She never intended to shirk her
duties.  The sole reason for her breach of contract was in order to serve
on active duty with the U. S. military.  She has already served on active
duty for 7 years and is currently in Iraq for her third deployment.

3.  The applicant provides the documents listed as enclosures on her letter
attachment to her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U. S. Army Reserve (ROTC Control Group)
on 22 September 1993.  Her DA Form 597-3 (Army Senior ROTC Scholarship
Cadet Contract), which would have been the version dated July 1992, is not
available.

2.  Paragraph 7d of the applicant's DA Form 597-3 would have stated, "Under
other disenrollment criteria established now or in the future by Army
regulations,
incorporated herein by reference…the Secretary of the Army or his or her
designee may order me to active duty as an enlisted soldier for a period of
not more than four years or, in lieu of being ordered to active duty, may
require me to 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 my advanced education…"

3.  Paragraph 9 of the applicant's DA Form 597-3 would have stated, "I
understand that if I am disenrolled from the ROTC program for any reason…I
may, at the discretion of the Army, be directed, in lieu of being ordered
to active duty as a private (E1) for a period as specified… to 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 my advanced education…"
4.  Paragraph 10 of the applicant's DA Form 597-3 would have stated, "I
agree that if I am disenrolled from the ROTC Program…any money I am
determined to owe the United States that is not paid in a lump sum on the
date it is due, shall bear interest at the rate equal to the highest rate
being paid by the United States on securities…and shall accrue from the day
that I am first notified of the amount I owe to the United States as
reimbursement under this contract.  I also agree that, if the debt is not
paid in a lump sum, I will be required to pay it in monthly installments
over a period not to exceed 36 months, in an installment payment amount of
not less than $50, unless approved otherwise by the Defense Finance and
Accounting Service – Indianapolis Center (DFAS)."

5.  The applicant was disenrolled from the ROTC Program around October 1996
for failing to accept a commission in the U. S. Army Reserve.  She was
reminded that the Army had the right to order her to active duty as a
private, E-1.  However, based on the particular circumstances of her case,
she was provided the opportunity to repay the cost of the scholarship
financial assistance she received ($49,791.60; $52,637.56 as of November
2003).

6.  The applicant failed to return her choice of options and, on 7 February
1997, she was disenrolled from the ROTC Program.

7.  On 15 August 1997, the applicant was commissioned a second lieutenant
in the U. S. Marine Corps out of officer candidate school.  On 25 November
2002, she accepted a regular commission in the U. S. Marine Corps.

8.  In the processing of this case, an advisory opinion was obtained from
the     U. S. Army Cadet Command.  The advisory opinion noted that the
applicant was offered the options of repaying her debt monetarily or
agreeing to be ordered to active duty through ROTC channels based on the
needs of the Army.  She did not return her choice of options and a debt was
established on 21 May 1997.  The advisory opinion noted that her voluntary
enlisted (sic) service in the Marines is not an authorized remedy for debt
repayment under the terms of her ROTC contract and recommended that her
voluntary enlistment (sic) not reduce the amount she is required to repay.

9.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  She rebutted that she fully understood that her
contract required her to either repay the debt monetarily or be ordered to
active duty.  However, she was told she would be assigned to the Reserve
and advised that active duty would never be a possibility.  The only reason
she declined her commission was in order to pursue her dream of active
duty.

10.  Army Regulation 135-210 (Order to Active Duty as Individuals During
Peacetime) prescribes policies and procedures for ordering individual
soldiers of the Army National Guard of the United States and the U. S. Army
Reserve to active duty during peacetime.  In pertinent part, it states that
former ROTC cadets, when ordered to active duty, will be ordered to report
to the U. S. Army Reception Battalion and will be ordered to active duty in
pay grade  E-1.

11.  Army Regulation 145-1 (Senior Reserve Officers' Training Corps
Program:  Organization, Administration, and Training), paragraph 6-30
states that ROTC graduates will not normally be released from the terms of
their contracts for appointment in another Service.  The release, if
granted, will be conditional on acceptance by the requesting Service.
Scholarship students will not be released to other Services.

DISCUSSION AND CONCLUSIONS:

Although not provided for in her DA Form 597-3 (had it been available), the
applicant’s 15 August 1997 appointment as a second lieutenant in the U. S.
Marine Corps served the same purpose as would have been served had she been
ordered to active duty in the U. S. Army albeit in a different branch of
service.  The Department of Defense has been getting the benefits of her
service for the past 7 years.  As a matter of equity, it would be
appropriate to consider her appointment in the U. S. Marine Corps to have
met the obligation required by her ROTC scholarship contract.

BOARD VOTE:

__mhm___  __ecp___  __rr____  GRANT 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
showing she completed a DA Form 597-3 on 22 September 1993 and it showed
that she would satisfy the service obligation under the original terms of
the ROTC contract as a U. S. Marine Corps officer, thereby negating any
requirement to recoup the cost of her ROTC scholarship.




            ___Melvin H. Meyer____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100137                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041116                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |128.10                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]