RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                                  18 OCTOBER 2005
      DOCKET NUMBER:              AR20050003992


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Kenneth Lapin                 |     |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 the remission/cancellation of his Reserve
Officer Training Corps (ROTC) Scholarship debt.

2.  The applicant states, in effect, that he was led to believe when he
entered the ROTC Program in the summer of 1998 that once he entered the
United States Air Force Academy (USAFA) the following year, that he would
not incur any debt with the Army.  However, during his first year in the
academy, he received a letter telling him that he had to repay the money.
He goes on to state that he is currently on active duty and still has a 10-
year commitment to the Air Force for his pilot training and desires to have
the debt forgiven for his active service in the Air Force.

3.  The applicant provides a copy of his active duty USAF Identification
Card, his leave and earnings statement, his acceptance letter to the USAF
Academy and documents surrounding his enrollment and disenrollment from the
ROTC Program.

CONSIDERATION OF EVIDENCE:

1.  On 12 October 1998, the applicant entered into a ROTC Scholarship Cadet
contract at the Marion Military Institute in Marion, Alabama,

2.  On 9 February 1999, the applicant received a letter from the Director
of Admissions, USAF Academy, announcing his appointment to the USAF Academy
as a member of the class of 2003.  His report date was 1 July 1999.

3.  On 25 May 1999, his commander placed him in a leave of absence status
due to his receiving and accepting an appointment to the USAFA.  On the
same date, his commander initiated disenrollment procedures to disenroll
him from the ROTC Program.  The applicant was advised of his rights in the
matter and was informed that he may be required to repay $9,836.00 in
scholarship benefits or be ordered to active duty in the pay grade of E-1
to satisfy the debt.

4.  On 10 July 1999, the applicant waived his right to a hearing and
declined an expeditious call to active duty.  He was officially disenrolled
from the ROTC Program effective 1 October 1999.  On 10 November 1999, he
signed a scholarship contractual agreement whereas he elected to repay the
debt in monthly installments.

5.  The applicant graduated from the Air Force Academy and was commissioned
as a second lieutenant on 28 May 2003 with a concurrent call to active duty
and is currently serving on active duty in the USAF in the rank of first
lieutenant.

6.  In the processing of this case, a staff advisory opinion was obtained
from the Department of the Army Cadet Command which opines, in effect, that
the applicant's acceptance and entry into the USAFA and his subsequent
commissioning in the Air Force did not then and does not now satisfy the
conditions of his ROTC contract.

7.  The advisory opinion was dispatched to the applicant for comment and
the applicant responded back to the effect that he along with other freshly
graduated 17 and 18 year olds attended the Marion Military Institute on the
advice of the Air Force Falcon Foundation to help train them to become
better candidates to the Academy.  Upon reaching the school, the ROTC staff
told them that it would be a good back-up plan to take a ROTC Scholarship
in case their Academy Appointments did not come through.  He goes on to
state that they were told that once they were accepted into the Air Force
that their debt to the Army would be waived because it was a Department of
Defense contract anyways.  He also states that while none of this advice
was in writing, it provides some insight as to why he did what he did at
the time and as far as he knows, that “back-up” plan is no longer
encouraged because of cases like his.  He further states that had he known
that what he was being told was not true, he never would have accepted the
scholarship back in 1997, and he is sure that his classmates would also not
have done so as well.

8.  Title 10, United States Code, section 2005(a)(3), states, in pertinent
part, that the Secretary concerned may require, as a condition to the
Secretary providing advanced education assistance to any person, that such
person enter into a written agreement with the Secretary concerned under
the terms of which such person shall agree that if such person, voluntarily
or because of misconduct, fails to complete the period of active duty
specified in the agreement, or fails to fulfill any term or condition
prescribed by the Secretary to protect the interest of the United States,
such person will reimburse the United States in an amount that bears the
same ratio to the total costs of advanced education provided such person as
the un-served portion of active duty bears to the total period of active
duty such person agreed to serve.




DISCUSSION AND CONCLUSIONS:

1.  Although the applicant has not contended that he was unaware of the
conditions of his contract, the evidence of record clearly shows that the
applicant understood the conditions of his ROTC contract, whereas he could
elect to repay his scholarship debt in lieu of being involuntarily ordered
to active duty in the Army in the rank of E-1.

2.  He clearly declined the involuntary call to active duty and elected to
make payments to the DFAS in accordance with the conditions of his
contract.  However, it appears that he was led to believe that once he
graduated from the USAFA, his debt would be forgiven due to his military
obligation to serve on active duty.

3.  The applicant subsequently graduated from the USAFA in the Class of
2003 and has continued to serve on active duty as a commissioned officer.
In doing so, he received no other monetary incentives and is serving his
country in the USAF just the same as he would have had he completed the
Army ROTC Program and was similarly commissioned and ordered to active
duty.

4.  Notwithstanding the fact that the applicant has agreed to repay his
debt and has already served over 2 years of active duty in the USAF, it
would be unfair under the circumstances to require him to do so.  The main
purpose of the advance education assistance programs is for the Armed
Services to obtain ADSOs (active duty service obligations) from qualified
personnel in exchange for educational assistance.  The applicant entered
into and has already served a    2-year ADSO to the United States for 1
year of benefits, albeit serving in the USAF instead of the Army as
required by his ROTC contract.  Thus the spirit of 10 USC 2005 has been
satisfied.

5.  Additionally, the Board recognizes the importance of the applicant's
service to his country, regardless of which Armed service is involved, and
finds that in the interest of justice and as a matter of equity, his debt
should be forgiven effective the date he completed  2 years of active duty
in the USAF, as an exception to policy.

6.  Accordingly, as a matter of equity, his ROTC Scholarship Contract
should be amended to reflect that his debt obligation may be satisfied by
virtue of completion of 2 years of active duty in the USAF, as an exception
to policy.

BOARD VOTE:

___JS___  ___LS  __  ___KL __  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
amending his ROTC Scholarship Contract to reflect that his debt obligation
may be satisfied by virtue of completion of 2 years of active duty in the
USAF, as an exception to policy.




            _____John Slone_________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003992                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |N/A AD MEMBER OF USAF                   |
|DATE OF DISCHARGE       |N/A AD MEMBER OF USAF                   |
|DISCHARGE AUTHORITY     |N/A AD MEMBER OF USAF                   |
|DISCHARGE REASON        |N/A AD MEMBER OF USAF                   |
|BOARD DECISION          |(GRANT)                                 |
|REVIEW AUTHORITY        |N/A AD MEMBER OF USAF                   |
|ISSUES                  |293/rem debt                            |
|1.128.1000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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