RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 October 2004
      DOCKET NUMBER:  AR2004101339


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 her current active duty
commitment and service in the United States Air Force (USAF) be accepted in
lieu of the repayment of her Senior Reserve Officers’ Training Corps
(SROTC) scholarship debt.

2.  The applicant states, in effect, that she joined the SROTC program at
Prairie View A&M University and that she participated in the program for
three semesters.  She experienced personal problems at the time and was not
able to devote her full attention to the SROTC program or school.  During
SROTC training, she also learned the Army was not the best fit for her.  On
4 February 2003, she enlisted in the United States Air Force (USAF).  She
believes it would be considered double jeopardy for her to repay the SROTC
scholarship debt after enlistment in the USAF.

3.  The applicant provides in support of her request her USAF Enlistment
Contract and Addendum; certificates of training for the basic military
training course; financial management course; comptroller apprentice
course; and a letter from Defense Finance and Accounting Service (DFAS),
Denver Colorado, dated 30 October 2003.

CONSIDERATION OF EVIDENCE:

1.  The evidence available shows that on 21 September 1999, the applicant
enrolled in the United States Army Reserve for 8 years and as a cadet in
the SROTC scholarship program commencing the year 1999-2003.  The SROTC
program authorized the applicant to receive up to $16,000.00 per year for
tuition and educational fees while attending Prairie View A&M University,
Prairie View, Texas.  As part of her scholarship enlistment in the SROTC
program, she signed a DA Form 597-3, the agreement between the Army and a
potential SROTC cadet. This form contains the promises made between the
Army and the cadet and includes what action the Army will take in the event
that a cadet fails to successfully complete the terms of the contract.  The
applicant authenticated her contract to acknowledge she understood and
agreed that if she were disenrolled from the SROTC program she could be
called to active duty for a period of
3 years or incur a reimbursement obligation.

2.  On 14 August 2001, the US Army Fourth Region (ROTC) Cadet Command,
Prairie View A&M University, Prairie View, Texas notified the applicant
that she was disenrolled from the SROTC program under the provisions of
Army Regulation 145-1, paragraph 3-43a(4) and (16), due to a breach of her
ROTC scholarship contract.  The breach was based on her withdrawal form
ROTC classes.  She was advised that she was indebted to the US Government
for a total of $5,311.00 that had been spent in support of her education.
She was reminded the Army had the right to order her to active duty as a
Private
(PVT/E-1) in order to fulfill her contractual obligation or be afforded the
opportunity to repay the debt.  She was also advised of her rights, to
include a hearing by a board of officers or an investigating officer.

3.  On 15 February 2002, the applicant acknowledged that the amount and
validity of her debt stated in the disenrollment notification was correct.
She also waived her rights to a hearing and declined expeditious call to
active duty.  She stated she would like to pay off the debt.

4.  On 30 April 2002, Headquarters, United States Army Cadet Command, Fort
Monroe, Virginia notified the Department of Military Science, Prairie View
A&M University that the applicant was disenrolled form the United States
Army Reserve ROTC program with an uncharacterized discharge based on her
withdrawal from ROTC classes in the fall of 2001.

5.  On 15 November 2002, the applicant enlisted in the Air Force Reserve
for the Delayed Entry Program (DEP).  On 14 November 2003, she was
discharged from the DEP and she enlisted in the USAF for 4 years.  The
available evidence does not show that she received an enlistment bonus or
any type of incentive award.  On 8 October 2004, the applicant advised the
staff of the Board that she received no enlistment incentives.  She is
currently serving at Laughlin Air Force Base, Texas as an Airman First
Class (A1C).

6.  Army Regulation 145-1 (Reserve Officers' Training Corps -Senior Reserve
Officers' Training Corps Program:  Organization, Administration, and
Training) prescribes policies and general procedures for administering the
Army's SROTC Program.  This regulation provides in pertinent part that a
scholarship or non-scholarship cadet under consideration for involuntary
call to active duty for breach of contract will be so ordered within 60
days after they would normally complete baccalaureate degree requirements
or the cadet is no longer enrolled in school.  Graduate students may not be
ordered to active duty until they complete the academic year in which they
are enrolled or disenroll from the school, whichever occurs first.  The
cadet will not be discharged/disenrolled from SROTC until determination has
been received from Headquarters, Cadet Command.  If it is determined that
the cadet will be ordered to active duty, the cadet will not be discharged,
and Headquarters, Cadet Command will issue active duty orders.

7.  Army Regulation 37-104-3 (Finance Update) provides the policies and
provisions for entitlements and collections of pay and allowances of
military personnel.  Chapter 59 currently in effect, provides for
recoupment of educational expenses, e.g., SROTC, United States Military
Academy, and advanced civilian schooling under previous agreement when
obligated active duty service has not been completed.

8.  Title 10, United States Code, section 2005, serves as the authority for
reimbursements for advanced education assistance.  It states, in pertinent
part, that individuals who fail to complete the terms of their advanced
education assistance agreement will reimburse the United States for the
unserved portion not fulfilled.

DISCUSSION AND CONCLUSIONS:

1.  The applicant failed to meet the requirements of her SROTC scholarship
program contract and a debt was assessed against her for repayment of the
SROTC scholarship benefits that she received.

2.  The applicant argues that her service in the USAF should qualify as
repayment of her SROTC scholarship debt and that being forced to repay the
scholarship while serving in the USAF is unfair.  In actuality, if the
applicant had chosen to enter active duty or been involuntarily ordered to
active duty, she would have been assigned against the needs of the Army and
not allowed to choose her branch of service, or a training option.  In this
sense, she has obtained an advantage over similar individuals who, upon
disenrollment from SROTC, choose active duty or are involuntarily ordered
to active duty.  This advantage occurs because Army Regulation 145-1
mandates that cadets ordered to active duty for breach of contract are
ordered directly to active duty.  Cadets so ordered report directly to a
military installation and do not participate in the recruiting function
where enlistment options are offered and negotiated.

3.  Nonetheless, the Board accepts that the applicant’s enlisted service in
the USAF is equivalent to being called to active duty under the terms of
her SROTC contract. Therefore, collection of her SROTC scholarship debt
should be held in abeyance during the term of her enlistment and remitted
provided she satisfactorily completes the terms of her enlistment.

4.  If the applicant fails to complete the period of enlisted service
obligated as a result of her SROTC scholarship, either voluntarily or
because of misconduct, her ROTC scholarship debt would be required to be
recouped on a pro rata basis.


BOARD VOTE:

__jch___  __bpi___  __ym____  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:


      a.  Amending the applicant’s SROTC scholarship contract to show that
she would satisfy the service obligation component under the original terms
of the ROTC contract as a USAF enlisted person;

      b.  Suspending collection of her SROTC scholarship debt during her
USAF enlistment, with the debt to be remitted upon her satisfactory
completion of her term of service; and

      c.  Showing that if she fails to complete the period of enlisted
service obligated as a result of her amended SROTC scholarship contract,
either voluntarily or because of misconduct, her SROTC debt will be
recouped on a pro rata basis in accordance with paragraph 12 of his DA Form
597-3.



                 James C. Hise
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101339                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |128.000                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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