RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 October 2004
DOCKET NUMBER: AR2004101136
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. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Mr. Raymond J. Wagner | |Chairperson |
| |Mr. Lawrence Foster | |Member |
| |Ms. Marla J. N. Troup | |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, in effect, that his Reserve Officers’ Training
Corps (ROTC) debt be waived.
2. The applicant states, in effect, that he requested a waiver of the ROTC
debt so he could enlist but was told that an answer would take at least 90
days and that would have cost him his active duty Marine Corps (USMC) slot.
3. The applicant provides his Army ROTC scholarship contract and his basic
Marine Corps enlistment contract and a power of attorney authorizing his
mother to prepare and sign documents for him.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he entered a 2-year ROTC
scholarship program on 11 September 2002. His DA Form 597-3 (ROTC
Scholarship Cadet Contract), provided for up to $17,000.00 in tuition and
fees, a $600.00 annual book and lab fee reimbursement and a $300.00 per
month subsistence allowance.
2. The ROTC contract also provided for and he agreed that, his
disenrollment would, at the option of the Army, result either in his being
ordered to active duty or that he repay the amount received.
3. The applicant enlisted in the USMC for 4 years on 15 April 2003. His
enlistment incentive package included a training of choice option in
infantry and a $50,000.00 College Fund.
4. On 2 July 2003, he was officially disenrolled from ROTC and offered a
choice of requesting to be ordered to active duty, to pay back the
$7,880.00 already received or to promise to repay that amount. He promised
to repay the amount plus interest accruing from the date of notification of
the amount. He was also advised of his right to appeal the amount, but did
not do so.
5. The college fund is an enlistment incentive program which was available
to regular component enlistees who participated in the Montgomery G.I. Bill
(MGIB). In addition to the monthly monetary educational benefits given to
soldiers who participated in the MGIB, the Services could also provide a
“kicker” in the form of the college fund, which was a set amount of money
which was determined by the length of an enlistment. Entitlement to the
college fund is contingent on the military occupational specialty needs as
determined by the particular Service.
6. The MGIB, as outlined in title 38, United States Code, chapter 30,
section 3011, provides for soldiers who entered the service after 30 June
1985, to be automatically enrolled into the MGIB and to contribute
$1,200.00 during their first 12 months service, which is not normally
refundable. After completion of their service obligation, he or she is
entitled to receive up to $300.00 per month educational benefits for 36
months. The program is administered by the Department of Veterans Affairs
(VA).
7. In an advisory opinion, the U. S. Army Cadet Command noted that the
applicant's ROTC contract requires either accepting orders to active duty
in the Army or repayment of the cost of his ROTC scholarship. It also
noted that his enlistment in the USMC violated his contract. Denial of his
request was recommended.
8. A copy of the advisory opinion was provided to the applicant for
comment or rebuttal. He did not respond within the given time frame.
DISCUSSION AND CONCLUSIONS:
1. Although not provided for in his ROTC contract, the applicant’s 24
September 2002 enlistment in the USMC served the same purpose as would have
been served had he been ordered to active duty in the U. S. Army, albeit in
a different branch of service. The Department of Defense is still getting
the benefits of his service (for a period of 4 years whereas his ROTC
contract required only 3 years of active duty). As a matter of equity it
would be appropriate to consider his enlistment in the U. S. Marine Corps
to have met the active duty obligation required by his ROTC scholarship
contract.
2. If the applicant fails to complete the period of enlisted service
obligated as a result of his ROTC scholarship either voluntarily or because
of misconduct, his ROTC debt would be required to be recouped on a pro-
rated basis.
BOARD VOTE:
__RJW__ __LF ___ __MJNT _ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
INDEX
|CASE ID |AR200411136 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041028 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |128.1 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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