RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            21 October 2004
      DOCKET NUMBER:   AR2004103199


      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. James E. Anderholm            |     |Chairperson          |
|     |Ms. Deborah S. Jacobs             |     |Member               |
|     |Mr. Ronald J. Weaver              |     |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 he be released from his Reserve
Officers' Training Corps (ROTC) debt obligation.

2.  The applicant states that he was disenrolled from the Army ROTC program
on 13 May 2003 and elected repayment at that time.  However, in June 2003
he chose to become active and has been selected for Special Forces
training.

3.  The applicant provides his ROTC discharge orders; his DA Form 3286-59
(Statement for Enlistment United States Army Enlistment Program U. S. Army
Delayed Enlistment Program); and an account statement from the Defense
Finance and Accounting Service (DFAS) with a billing date of 13 January
2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U. S. Army Reserve (USAR) Delayed
Enlistment Program on 18 September 2000 in pay grade E-3 and was due to
enlist in the Regular Army by 10 July 2001.  On 20 September 2001, he
enlisted in the USAR Control Group (ROTC).

2.  On 20 September 2001, the applicant signed a DA Form 597-3 (Army Senior
ROTC Scholarship Cadet Contract).  Paragraph 7 states that if the cadet
were disenrolled from the ROTC Program for any reason, the Secretary of the
Army could order him 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 his advanced education from the
commencement of the contractual agreement to the date of his disenrollment
or refusal to accept a commission.  Or, the cadet could be ordered to
active duty for not more than four years.

3.  Paragraph 12 of the applicant’s DA Form 597-3 states that the cadet
understood and agreed that if he voluntarily or because of misconduct
failed to begin or failed to complete any period of active duty that he may
have incurred under the contract, he would be required to reimburse the
United States an amount of money, plus interest, that is equal to or bore
the same ratio to the total cost of the financial assistance provided him
as the unserved portion of such duty bore to the total period of such duty
he was obligated to serve.

4.  The applicant's disenrollment packet is not available.  His discharge
orders show he was discharged from the U. S. Army Control Group (ROTC)
effective    7 May 2003 due to academic failure.  He apparently agreed to
reimburse his scholarship monies in lieu of being ordered to active duty.
5.  The DFAS account statement provided by the applicant shows he had been
previously notified of an ROTC debt in the principal amount of $7,012.00.
DFAS had since received an additional debt in the principal amount of
$80.00 for recoupment of pay and allowances for the period 8 January to 15
January 2003.  The amount due as of billing date 13 January 2004 was
$6,117.98.

6.  On 9 January 2003, the applicant enlisted in the USAR Delayed
Enlistment Program, in pay grade E-3, for training enlistment of choice
(Special Forces) and for a $10,000 cash enlistment bonus.  On 17 June 2003,
he enlisted in the Regular Army for 5 years in pay grade E-3.

7.  Army Regulation 135-210 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.

8.  In the processing of this case, an advisory opinion was obtained from
Headquarters, U. S. Army Cadet Command.  That Command noted that the
applicant's voluntary enlisted service in the Army was not an authorized
remedy for debt repayment under the terms of his ROTC contract and
recommended that his voluntary enlistment not reduce his ROTC debt.

9.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He acknowledged that the breach of his ROTC contract
fell totally on his shoulders and that he had agreed to make repayment in
lieu of being ordered to active duty.  However, he rebuts that after
leaving the ROTC program he was unable to dismiss his desire to serve his
country and to do so with the Army.  He enlisted for 5 years, which was 1
year longer than would have been required by his ROTC contract, thus
returning more than would have been required of him.  He believes he has
chosen a course (Special Forces training) that will fulfill his desire to
serve and substantiate his commitment to follow through on his obligation
to the Army.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant's original ROTC debt totaled $7,012.00 and
that he agreed to pay the debt in lieu of being ordered to active duty.

2.  Had the applicant chosen active duty or been involuntarily ordered to
active duty as a result of his disenrollment, he would have been assigned
against the needs of the Army, in pay grade E-1, and not allowed any
enlistment options.  Instead, he enlisted in the Regular Army in June 2003
in pay grade E-3 and for a $10,000 case enlistment bonus.

3.  Considering that the applicant initially enlisted in the USAR in
September 2000 in pay grade E-3, it is possible he could have been ordered
to active duty in pay grade E-3.  However, the prospect of negating his
$7,012.0 debt for a free education he received from the Army without
becoming an officer, plus allowing him to receive a $10,000 enlistment
bonus he ordinarily would not have received, is a windfall.  His desire to
serve the Army in a demanding career field is admirable and the Board has
no jurisdiction to stop the enlistment bonus in this case.  However, the
bonus is a legitimate factor to consider in denying equitable relief
regarding the ROTC debt.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __dsj___  __rjw___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




            __James E. Anderholm__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103199                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041021                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |128.10                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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