RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           26 August 2004
      DOCKET NUMBER:  AR2004100319


      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. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Margaret V. Thompson          |     |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 or, in the alternative, that any additional fees that have
been added to the original debt be waived.

2.  The applicant states she was disenrolled from ROTC based on lack of
interest and frequent absences from military drill.  However, during the
time of her disenrollment, she was being treated for severe depression.
Some cadre members were aware that she was suffering from depression.  In
spite of her disenrollment, she still had an interest in becoming a
commissioned officer.  She tried several times between 1997 and 2003 to get
a direct commission in the Nurse Corps.  Initially she was told that she
would not medically qualify due to her history of depression.  Her last
attempt for a commission was denied based on other medical conditions.

3.  In a 6 December 2000 packet sent to Headquarters, 1st Region (ROTC),
   U. S. Army Cadet Command, the applicant had stated that she did not deny
that she missed several military science drills but she denied that it was
a simple "lack of interest" but rather that it was due to her severe
depression.  She stated that everyone, including her Professor of Military
Science, knew that she had a problem.  That also included fellow students
and faculty at the Hampton University School of Nursing.  She also stated
that, at the time, she did not want everyone to know about her mental
health crisis because she thought that they would consider her a failure
and weak.

4.  The applicant provides a packet sent by her attorney (no longer
representing her) to Headquarters, 1st Region (ROTC), U. S. Army Cadet
Command with a cover letter dated 6 December 2000.  This packet contains
the 14 enclosures listed on page 4 of the cover letter.

5.  In addition to the above, the applicant provides an additional medical
document from Hampton Mental Health Associates, Incorporated; a DD Form 139
(Pay Adjustment Authorization) dated 19 May 1998; a Promissory Note to Pay
in Installments; and a letter dated 11 April 2003 from Navy Recruiting
Command.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred in July 1997, when she was disenrolled from ROTC.  The application
submitted in this case is dated 9 December 2003.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the U. S. Army Reserve on 30 December 1992.
On 9 December 1993, she signed a DA Form 597-3 (Army Senior Reserve
Officers' Training Corps (ROTC) Scholarship Cadet Contract) which indicated
she would attend Hampton University, Hampton, VA for an academic major in
nursing to be completed in May 1997.

4.  Paragraph 2b of the applicant's contract stated that if her scholarship
benefits were temporarily inactivated by a leave of absence or
administrative suspension, or terminated due to her failure to meet
academic or military retention standards for scholarship cadets, as
prescribed by law, Army regulation or the contract, she would not be
relieved of her obligation to the U. S. Army and her obligations under the
contract remained in effect.

5.  Paragraph 7 of the applicant's contract stated that she understood that
if she were disenrolled from the ROTC program for failing to complete the
educational requirement specified in the agreement; for failing to comply
with other terms and conditions of the contract; for misconduct; or for
other disenrollment criteria, the Secretary of the Army could order her 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, could require her 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 her advanced education from the commencement of the contractual
agreement to the date of her disenrollment.  She understood that she could
be deemed to have failed to comply with the terms and conditions of the
contract (breach of contract) regardless of whether she knew that the
failure violated the contract and regardless of whether the failure was the
result of an act or omission on her part with a specific intent to avoid
responsibilities under the contract.

6.  Paragraph 9 of the applicant's contract stated that she understood that
if she were disenrolled from the ROTC program for any reason she could, at
the
discretion of the Army, be directed, in lieu of being ordered to active
duty as a
private, 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 her advanced education from the commencement
of this contractual agreement to the date of her disenrollment.

7.  In June 1996, while at Advanced Camp, the applicant was injured in a
motor vehicle accident and was medically dismissed from camp with a
temporary medical disqualification.

8.  The applicant provided two documents which were on plain bond paper and
were partially illegible.  One document dated 30 September 1996 indicated
she had been diagnosed with severe depression and was prescribed Prozac.
The other document, dated 23 October 1996, indicated her Prozac dosage had
been increased.

9.  The applicant provided a document from Hampton Mental Health
Associates, Incorporated dated 19 November 1996.  This document indicates
the applicant was first seen on 30 September 1996 for a diagnosis of major
depression and was prescribed Prozac.  It also indicates that the Prozac
dosage was increased.

10.  By letter dated 28 April 1997, the applicant was informed that action
was being initiated to disenroll her from ROTC effective 18 April 1997 due
to a lack of interest in military training as evidenced by frequent
absences from military science drills.  On 29 April 1997, she requested a
board of officers or investigating officer be appointed to review her case.
 She also elected to decline expeditious call to active duty.  The 6
December 2000 packet to the U. S. Army Cadet Command indicated she elected
not to attend a board of officers "out of confusion on how to present her
case and her severe depression."

11.  By letter dated 28 July 1997, the applicant was informed that her case
had been reviewed at Headquarters, First Region, U. S. Army Cadet Command
and it was determined that she was in breach of her scholarship contract
based on her lack of interest in military training as evidenced by frequent
absences from military science drills.  She was informed that $35,084.00
was her debt to the Government.

13.  The 6 December 2000 packet to the U. S. Army Cadet Command contained
four affidavits testifying to the applicant's depressed mood.  Two
affidavits were from friends and one was from her mother.  The fourth
affidavit was from the
applicant's theory and clinical instructor in a psychiatric nursing course.
 This
individual described the applicant's depressed mood beginning around
September 1996.  She strongly suggested to the applicant that she seek
counseling.  She stated, "On November 6 and 21, 1996 notations indicate
that faculty and peers were concerned about her whereabouts and safety."

14.  A medication printout from Revco Discount Drug dated 28 July 1997
indicates the applicant was prescribed Zoloft on 27 July 1997.

15.  Cadet Command Pamphlet 145-4 (Enrollment, Retention, and Disenrollment
Criteria, Policy, and Procedures), dated 1 September 1994, states that the
Professor of Military Science will submit a request for
determination/waiver on medically disqualified cadets to Headquarters,
Cadet Command.  If the Cadet Command Surgeon determines that the cadet is
medically disqualified and not eligible for waiver and there is no failure
to disclose, the cadet will be processed for disenrollment.  Cadets
disenrolled for medical disqualification will not be ordered to active duty
or recommended for recoupment.

16.  Army Regulation 40-501 (Standards of Medical Fitness), chapter 2
states that symptoms, diagnosis, or a history of a major mood disorder
requiring maintenance treatment or hospitalization is a cause for rejection
for enlistment or appointment.

17.  Army Regulation 40-501, paragraph 1-6 states that medical fitness
standards cannot be waived by medical examiners or by the examinee.
Examinees initially reported as medically unacceptable by reason of medical
unfitness when the medical fitness standards in chapters 2, 3, 4, or 5
apply may request a waiver of the medical fitness standards.  The waiver
authorities include but are not limited to the Office of The Surgeon
General and the Commander,     U. S. Army Reserve Officers' Training Corps
Cadet Command.

18.  The Office of The Surgeon General informed the Board analyst that a
medical waiver would not be granted if the cadet were still prescribed
medication for depression.  If the cadet were off medication, the
appropriate command surgeon would look carefully at how severe the
depression had been and how long the cadet had been off medication.

DISCUSSION AND CONCLUSIONS:

1.  By the terms of her contract, it was proper to require the applicant to
repay her ROTC debt.  She was not disenrolled from ROTC for medical
reasons, reasons she could have brought up had she appeared before a board
of officers.

2.  Nevertheless, it appears the applicant had a medical condition that
would have precluded her appointment or enlistment in the Army.  She was
diagnosed (3 years after she signed her ROTC contract) with severe
depression in September 1996 and was still on medication in July 1997
(after her original anticipated completion date of May 1997).  Information
obtained from the Office of The Surgeon General indicates that she could
not have obtained a medical waiver for appointment.

3.  The applicant provides some contradictory contentions (that everyone,
including her Professor of Military Science, knew that she had a problem
but also that she did not want everyone to know about her mental health
crisis).

4.  However, the affidavit from the applicant's instructor is accepted as
evidence that her faculty "was concerned about her whereabouts and safety."
 Presumably this also meant her military science instructors.  It is
presumed those instructors would not have been satisfied to only be
"concerned" about her whereabouts but would have investigated into the
reasons for her absences and discovered those reasons.  Therefore, there is
insufficient evidence to show that she deliberately failed to disclose her
medical condition to Army authorities.

5.  By regulation, cadets disenrolled for medical disqualification will not
be ordered to active duty or recommended for recoupment.

BOARD VOTE:

__rjw___  __le____  __mvt___  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by:

     a.   showing that she was disenrolled from ROTC by reason of a medical
disqualification and that there was no failure to disclose; and

     b.  by now showing her ROTC debt was erroneous and refunding to her
any portion of the debt already collected.




            __Raymond J. Wagner___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100319                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040826                                |
|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.                      |                                        |


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