RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            3 May 2005
      DOCKET NUMBER:  AR20050002371


      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:

|     |Ms. Shirley Powell                |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. Diane J. Armstrong            |     |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 his Reserve Officers’ Training Corps (ROTC)
debt in the amount of $24,208.00 be waived.

2.  The applicant states that he was in breach of his ROTC contract during
his Military Science IV year of college.  He was a 2-year scholarship
recipient.  He was ordered to either repay the government or be ordered to
active duty for a period of not more than 4 years.  He is now in the
Regular Army for 5 years.

3.  In a letter from his father, the applicant's father stated that twice
he contacted the applicant's recruiters, explaining the fact he was
concerned his son had a previous ROTC contract and wanting to ensure his
son was fully released from that contract prior to entering into the
enlistment process.  Both recruiters assured him that they had contacted
the ROTC Command and had fully coordinated to resolve his son's existing
ROTC contract.  A year after his enlistment, his son received a letter
saying he owed the government approximately $24,000 for the ROTC contract.
He contacted his son's recruiters again, who once again assured him that
the ROTC commitment was resolved.

4.  The applicant provides his Army ROTC scholarship contract, recruiter
contact information, his ROTC enlistment contract, and a letter from his
father.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U. S. Army Reserve (ROTC Control Group)
on   30 August 1999.  His 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 the
cadet to reimburse the United States the dollar amount plus interest that
bears the same ratio to the total cost of the scholarship financial
assistance provided by the United States to the cadet as the unserved
portion of active duty bears to the total period of active duty the cadet
agreed to serve or was ordered to serve.

2.  Paragraph 8 of the applicant’s DA Form 597-3 states that if he were
called to active duty for breach of contract under the provisions of
paragraph 7, he would be ordered to active duty for 2 years if the breach
occurred during Military Science II; for 3 years if the breach occurred
during Military Science III, or for       4 years if the breach occurred
during Military Science IV.

3.  On 25 September 2000, the applicant was placed on suspense of
scholarship benefits.  On 12 October 2000, the applicant was counseled and
placed on
administrative suspension due to poor attendance.  On 12 January 2001, he
was placed on probation for Fall 2000 deficiencies.  Disenrollment action
was initiated on 11 June 2001.

4.  On 3 July 2001, the applicant requested a board of officers or
investigating officer be appointed to review his case and also elected to
decline expeditious call to active duty.

5.  On 20 December 2001, an investigating officer found that the applicant
voluntarily failed to complete the requirements of his ROTC contract by
failing to maintain the required minimum semester cumulative academic grade
point average, by displaying an indifferent attitude or lack of interest in
military training, and by demonstrating an established pattern of shirking
his responsibilities.  A copy of the investigation was provided to the
applicant.  Around April 2002, he indicated that he declined expeditious
active duty and elected to repay his debt in the amount of $24,028.00.  He
had been disenrolled during Military Science IV and would have owed 4 years
of active duty.

6.  On 25 June 2002, the applicant enlisted in the Delayed Entry Program in
pay grade E-3.  He enlisted for training in military occupational specialty
31P (Microwave Systems Operator), for a $12,000.00 cash enlistment bonus,
and for the Loan Repayment Program (up to $65,000).  On 19 April 2005, the
U. S. Army Human Resources Command informed the Board analyst that they are
aware of one qualifying loan – a Stafford loan in the amount of $8,997.56.

7.  On 7 October 2002, the applicant enlisted in the Regular Army for 5
years in pay grade E-3.

8.  By letter dated 20 may 2003, the applicant was notified that he was
disenrolled from ROTC.  He failed to return the election of options
statement.

9.  In the processing of this case, an advisory opinion was obtained from
the office of Personnel and Administration, U. S. Army Cadet Command.  That
office noted that the applicant was offered the option [of repaying his
ROTC scholarship debt or serving on active duty] on 20 May 2003.  He had
not returned his choice of options and instead active duty was chosen
through a recruiter.  That office also noted that his voluntary enlisted
service in the Regular Army is not an authorized remedy for debt repayment
under the terms of the ROTC contract and recommended that his voluntary
enlistment not reduce the amount he is required to reimburse the United
States for his advanced educational assistance.

10.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He did not respond within the given time frame.

11.  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.

DISCUSSION AND CONCLUSIONS:

1.  Although not provided for in his DA Form 597-3, the applicant’s 7
October 2003 enlistment in the Army served the same purpose as would have
been served had he been ordered to active duty in the Army.  The Army is
still getting the benefits of his service.  He would have owed the Army 4
years had he been ordered to active duty.  As a matter of equity it would
be appropriate to consider his enlistment in the Army 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 he
would have been 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.

3.  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.  The applicant enlisted in the Army in the grade of E-3
with incentives of training of choice, a cash enlistment bonus of
$12,000.00, and repayment of certain student loans under the Loan Repayment
Program with at least one qualifying loan in the amount of $8,997.56.

4.  The prospect of negating the applicant's $24,208.00 debt for a free
education he received from the Army without becoming an officer, plus
allowing him to receive any enlistment bonus or other financial incentive
he ordinarily would not have received, would be a windfall.  While the
Board has no jurisdiction to stop any enlistment bonus or loan repayment in
this case, any such bonus and incentive would be legitimate factors to
consider in granting or denying equitable relief regarding the ROTC debt.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

__sp____  __phm___  __dja___  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 amending his ROTC scholarship contract to show
that he would satisfy a portion of the $24,208.00 ROTC debt under the
original terms of the ROTC contract by successfully completing 4 years of
his current enlistment in the Regular Army.

2.  The portion of the ROTC debt that would be satisfied by the above
correction will be the total amount of the ROTC debt minus the $12,000.00
he received (or will receive) as a cash enlistment bonus (excluding any
taxes taken from this bonus) and minus the $8,997.56 currently known to be
the amount of a qualifying student loan authorized for repayment under the
Loan Repayment Program.

3.  If the individual concerned fails to complete the period of enlisted
service obligated as a result of his amended ROTC scholarship contract
either voluntarily or because of misconduct, his ROTC debt would be
required to be recouped on a pro-rated basis in accordance with his DA Form
597-3.

4.  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
waiving the entire ROTC indebtedness amount.




            ___Shirley Powell___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002371                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050503                                |
|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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