RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 November 2005
      DOCKET NUMBER:  AR20050009078


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Thomas A. Pagan               |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Mr. Joe R. Schroeder              |     |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 his debt for not completing the
requirements of his Reserve Officer Training Corps (ROTC) scholarship be
forgiven based on his enlistment in the active Army.

2.  The applicant states, in effect, he enlisted in the Regular Army to
complete his service obligation.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered into an ROTC contract on 22 October 2001.  By
signing the contract, he acknowledged his understanding of the conditions
of the contract and that he concurred with them.

2.  At the time the applicant entered into his ROTC contract, he further
acknowledged his understanding that if he failed to complete the
educational requirements of his agreement or was disenrolled from the ROTC
program, the Secretary of the Army or his designee could order him to
active duty as an enlisted Soldier; or in lieu of being ordered to active
duty, he could be required to repay financial assistance he received
through the ROTC program, plus interest.

3.  On 8 March 2004, the applicant was disenrolled from the ROTC program
based on his inaptitude for military service.  At this time, the applicant
declined the offer to be ordered to active duty and selected to repay the
debt in monthly installments and a debt of $11,271.44 was established by
the Defense Finance and Accounting Service (DFAS).

4.  On 20 July 2004, the applicant enlisted in the Regular Army and entered
active duty for 3 years and 16 weeks.  He enlisted in the pay grade E-4 and
received an enlistment bonus of $6,000.00.

5.  During the processing of this case, an advisory opinion was obtained
from the United States Army Cadet Command (USACC).  It states that the
terms of the ROTC scholarship contract require a cadet either repay his
debt monetarily, or agree to be ordered to active duty through ROTC
channels based on the needs of the Army.

6.  The USACC advisory opinion further indicates the applicant was offered
the option of being ordered to active duty, or repaying his ROTC
scholarship debt at the time he was disenrolled from the ROTC program for
breach of contract.  At that time, the applicant declined the offer of
order to active duty and instead elected to make monthly installments as
his repayment method.  USACC officials recommend the applicant’s voluntary
enlistment in the Army not reduce his debt.

7.  On 30 September 2005, the applicant was provided a copy of the USACC
advisory opinion in order to have the opportunity to reply.  To date, he
has failed to respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his three-year enlistment in the
Regular Army should fulfill his obligation under his breached ROTC contract
was considered.  However, the applicant's ROTC contract called for an
expeditious call to active duty through ROTC channels at the needs of the
Army without the benefit of advancement in grade or other incentives, which
he received.  Nevertheless, in this case, the applicant’s enlistment in the
Army serves the same purpose as would have been served had he been ordered
to active duty in the Army through ROTC channels.

2.  The record shows that as a result of the applicant’s three-year
enlistment, the Army is getting the benefits of his service for the same
period he would have served had he been ordered to active duty as a result
of breaching his ROTC contract.  Had he 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.  However, the applicant enlisted in the
Army in the pay grade of E-4 and was authorized a $6,000.00 enlistment
bonus.  The prospect of negating his debt for a free education he received
from the Army without becoming an officer, plus allowing him to receive an
enlistment/reenlistment bonus, would be a windfall.

3.  In view of the facts of this case, it would be appropriate to consider
his enlistment in the Army to have met the active duty obligation required
by his ROTC scholarship contract as a matter of equity.  If he fails to
complete his current period of enlisted service obligated as a result of
his ROTC scholarship either voluntarily or because of misconduct, his ROTC
debt should be required to be recouped on a prorated basis.

BOARD VOTE:

___TAP__  __ENA _  __JRS __  GRANT FULL RELIEF

________  ________  ________  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 relief.  As a result, the Board recommends
that all the Department of the Army records of the individual concerned be
corrected by amending his ROTC scholarship contract to show that he would
satisfy his ROTC scholarship debt of $11,271.44 under the original terms of
the ROTC contract by successfully completing his current enlistment in the
Regular Army, minus the $6,000.00 enlistment bonus he received in
conjunction with his 23 January 2004 enlistment in the Regular Army.

2.  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 prorated basis.




            ____Thomas A. Pagan____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050009078                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/22                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1. 1026  |112.1200                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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