SUPPLIMENTAL RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 October 2005
DOCKET NUMBER: AR20050009113
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. A quorum was present during the
further consideration and deliberation. The findings appearing in
proceedings dated 2 August 2001 were affirmed. The following additional
findings, conclusions, and recommendations were adopted by the Board.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Edmund P. Mercanti | |Analyst |
The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated 2 August 2001.
| |Mr. John T. Meixell | |Chairperson |
| |Mr. James B. Gunlicks | |Member |
| |Ms. Jeanette R. McCants | |Member |
The Board considered the following additional evidence:
Exhibit C – (show the identifying data for the original Record of
Proceedings)
CONSIDERATION OF ADDITIONAL EVIDENCE:
9. On 26 May 2005, new information was received from the applicant in
regard to the decision of the Army Board for Correction of Military Records
(ABCMR) in Docket Number AR2001054329, dated 2 August 2001.
10. The information submitted is the fact that since the applicant’s
Reserve Officer Training Corps (ROTC) contract did not specify how many
years he has to serve on active duty to satisfy his Active Duty Service
Obligation (ADSO), the Defense Finance and Accounting Service (DFAS) cannot
return the money it collected from the applicant until he completes his
entire 8-year statutory military service obligation (MSO).
11. Neither the applicant’s ROTC scholarship contract nor the regulation
governing the ROTC, Army Regulation 145-1, specify the ADSO of officers
being commissioned from the ROTC. It would appear that this omission is to
allow the respective Armed Forces to order officers to active duty for
periods of service in accordance with the needs of the applicable Armed
Force at the time.
12. However, the applicant’s ROTC scholarship contract states that he
could be ordered to 2 to 4 years of involuntary active duty in an enlisted
status for breach of contract, depending on the level of Military Science
he had completed.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
5. At the time of the decision of the ABCMR in Docket Number AR2001054329,
dated 2 August 2001, it was the intent of the ABCMR to make the applicant’s
record as administratively correct as it should properly have been at the
time.
6. The ABCMR's decision in Docket Number AR2001054329 was made with the
erroneous assumption that there was a specified period of active duty an
ROTC scholarship cadet was required to serve when he or she was
commissioned.
7. The DFAS has properly declined to return the money it had collected
from the applicant before he completes his statutory MSO, based on the
wording of the Board’s original recommendation. However, it was not the
intent of the Board to delay the reimbursement of the applicant’s money
until he completed his statutory MSO.
8. Since there is no specified period of active duty an ROTC scholarship
cadet is required to complete, the Board must default to the maximum number
of years an ROTC scholarship cadet could be ordered to active duty for
breach of contract: 4 years.
BOARD VOTE:
___jbg __ ___jrm___ ___jtm___ 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
amendment of the decision of the Army Board for Correction of Military
Records set forth in Docket Number AR2001054329, dated 2 August 2001, by
changing paragraph b:
From: b. suspending further collection of his ROTC indebtedness
until such time as he completes his active service obligation with the U.S.
Navy. At that time his indebtedness will be remitted and any monies
already collected will be returned to him; and
To: b. suspending further collection of his ROTC indebtedness
until such time as he completes 4 years of active duty with the U.S. Navy.
At that time his indebtedness will be remitted and any monies already
collected will be returned to him; and
____John T. Meixell______
CHAIRPERSON
INDEX
|CASE ID |AR20050009113 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20051020 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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