RECORD OF PROCEEDINGS


	IN THE CASE OF:    
	 

	BOARD DATE:           26 October 2005                  
	DOCKET NUMBER:   AR20050001278


	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. Edmund P. Mercanti

Analyst


The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Conrad V. Meyer

Member

Ms. Linda M. Baker

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 the debt that he incurred as a result of the recoupment of his Reserve Officers Training Corps (ROTC) scholarship be remitted.

2.  The applicant states that he was disenrolled from the ROTC due to being charged with Driving While Intoxicated.  One option that he was given to satisfy his debt was to enlist.  He has now enlisted in the Regular Navy and believes this should satisfy his debt.

3.  The applicant provides an addendum to part I of his scholarship contract, dated 21 September 2004, wherein he agrees to pay $6,350.38, plus interest, due to his disenrollment from the ROTC.  The applicant also submits documents showing that he enlisted in the US Navy Reserve Delayed Entry Program, with a tentative enlistment date into the Regular Navy of 6 September 2005.  These documents show that the applicant is to receive a total bonus of $6,000.00 for his enlistment in the Regular Navy.

CONSIDERATION OF EVIDENCE: 

1.  As part of a scholarship enlistment in the ROTC, an individual must sign a DA Form 597-3, which is the agreement between the Army and a potential ROTC cadet.  That form contains the promises made between the Army and the potential cadet, and includes what action the Army will take in the event that a cadet fails to successfully complete the terms of the contract.  In that form the potential cadet states that "I understand the commitment point at which I may not voluntarily withdraw from the scholarship program without penalty varies by scholarship as follows:  

	a.  A four-year recipient cannot voluntarily withdraw at any time after beginning the first Military Science class of the sophomore year; MS II or the second year of the scholarship." and "If, subsequent to the commitment points listed above, I fail to abide by the terms and conditions set forth in this contract and am disenrolled, I understand that the Secretary of the Army may order me to active duty as an enlisted member, and I will serve on active duty for the periods listed below:  During MS II - 2-years; During MS III - 3-years; [and] During MS IV or refuse to accept commission - 4-years." and "I also understand that I do not have the option to elect monetary reimbursement in lieu of my service on Active Duty and/or duty in the Reserve Component as prescribed by the Army."  That form defines willful evasion as "...an intentional act or omission, on the part of a student, which act is designed to breach the terms of this contract or to avoid appointment or service as an officer.”  The parties specifically agree that the following acts, although not all inclusive, are expressly defined as acts of "willful evasion" as that term is used within this contract.  

		(1) Refusal of the cadet to take steps to initiate the application for a commission at the time of the cadet's completion of the ROTC program.  

		(2) Refusal to accept a commission at the time it is offered to the cadet.  

		(3) Without having first obtained the prior written consent from the PMS, dropping ROTC from the normal course load of the cadet, reducing the course load to a level below that of a full time student, as that term is defined by this contract, dropping out of school, transferring to another institution of advanced education without the written permission of the PMS, feigning a disqualifying physical condition or deliberately concealing a disqualifying condition during the application process, failing ROTC course work while maintaining an overall grade point average adequate for degree attainment, voluntarily withdrawing from Advanced Camp, or entering the officer production program of another armed service."

2.  In the processing of this case an advisory opinion was obtained from the Cadet Command.  The Cadet Command stated that voluntary enlisted service in the US Navy is not an authorized remedy for debt repayment under the terms of his ROTC contract.  The Cadet Command concludes that Army scholarship funds should not be expended for the benefit of Navy service.  The applicant was provided a copy of this opinion and given the opportunity to reply.  He did not respond.

3.  In the processing of this case the Board’s staff obtained a copy of the applicant’s contract enlisting him in the Regular Navy for a period of 5 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his service in the Navy should count toward the active duty commitment he incurred at the time he breached his ROTC contract has been carefully considered.  

2.  The applicant’s 5-year Navy enlistment is accepted as the equivalent to his being called to active duty under the terms of his ROTC contract.  

3.  However, if the applicant had elected an expeditious call to active duty to repay his debt for breaching his ROTC contract, he would have been assigned against the needs of the Army, in pay grade E-1, and not allowed any enlistment options.  Therefore, it would be appropriate to limit the remission of his ROTC debt to the amount that exceeds the $6,000.00 bonus he received when he enlisted in the Navy.

5.  If the applicant fails to complete the period of service obligated as a result of his Navy contract, either voluntarily or because of misconduct, his ROTC scholarship debt would be required to be recouped on a pro rata basis.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___cvm _  ___jev __  ___lmb__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 ROTC scholarship contract to show that he would satisfy the service obligation component under the original terms of the SROTC contract in the Regular Navy;

	b.  The portion of the ROTC debt that would be satisfied by the above correction will be limited to $350.38, which is the amount of the ROTC debt minus the $6,000.00 bonus he received as an enlistment incentive at the time his enlistment in the Navy;

	c.  suspending collection of $359.38 of his ROTC scholarship debt during his Navy service, with the debt to be remitted upon his satisfactory completion of his Navy service; and 

	d.  that if he fails to complete the period of Navy service obligated as a result of his amended ROTC scholarship contract, either voluntarily or because of misconduct, his ROTC debt will be recouped on a pro rata basis in accordance with his DA Form 597-3.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a full refund of his monetary funds paid as a result of his breached ROTC contract.




		_____James E. Vick_______
		        CHAIRPERSON





INDEX

CASE ID
AR20050001278
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051026
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.