RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050011763


      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             |
|     |Ms. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 her records show she was
"medically cleared of her duties" and the years she served as a cadet be
used as compensation towards the debt she owes to the government for her
education.

2.  The applicant states, in effect, that during her first year, she
started having symptoms (severe cramping, nausea, vomiting with bouts of
diarrhea and/or constipation) which would attack at any time and lasted for
about 30 minutes or throughout the day.  She continues that she informed
her sergeant major at the time about her medical problems and was advised
to take some days off from training because the symptoms may have been
stress-related.

3.  The applicant further states that the symptoms kept occurring so she
visited her physician, who later diagnosed her with Irritable Bowel
Syndrome (IBS).  The applicant contends she was left to suffer silently and
not referred to a military physician for evaluation and it appeared she was
not able to handle the physical training and requirements.

4.  The applicant states that her dismissal from the Army ROTC program has
been both devastating and embarrassing.  She requests that her medical
condition be taken into consideration which was beyond her control and has
hindered her from completing the training as a cadet.

5.  The applicant provides a two page statement, dated 25 July 2005; a
promissory note, dated 10 March 2005; eight pages of medical records; and a
copy of her Tuskegee University Academic Transcript, dated 30 October 1998,
in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 15 February 1999, the date of her disenrollment from the
Army ROTC program.  The application submitted in this case is dated 12
January 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In
this case, the ABCMR will conduct a review of the merits of the case to
determine if it would be in the interest of justice to excuse the
applicant’s failure to timely file.

3.  On 28 August 1995, the applicant entered into an Army Senior Reserve
Officers' Training Corps (ROTC) Scholarship Cadet Contract (DA Form 597-3).
 She enlisted in the United States Army Reserve as a cadet in order to
become a member of the Army ROTC program at Tuskegee University, Tuskegee,
Alabama.  She agreed to remain enrolled in and successfully complete the
Army ROTC program and all training as prescribed by The Secretary of the
Army.

4.  The DA Form 597-3 confirms that the applicant agreed that if she were
disenrolled from the Army ROTC program for any reason she could be ordered
to active duty as an enlisted Soldier for a period of not more than four
years or, in lieu of being ordered to active duty, she could be required to
reimburse the Government through repayment of an amount of money, plus
interest, equal to the entire amount of financial assistance paid by the
United States for her advanced education from the commencement of the
contractual agreement to the date of her disenrollment.

5.  The applicant's Cadet Record Brief shows she was disenrolled from the
Army ROTC program on 15 February 1999 for failure to maintain enrollment
requirements.

6.  The applicant submitted eight pages of medical records that show she
was treated on numerous occasions during the period 24 April 1995 through
[an unreadable date] 2000.  The medical records show the applicant was
treated for abdominal discomfort on 17 June 1996 and on 4 March 1998.  An
undated medical record shows the applicant was diagnosed with IBS.  A
medical record, dated 4 June 1998, states that the applicant has a history
of IBS; however, she was considered healthy.

7.  The medical records submitted by the applicant failed to show that the
medical condition hindered her from performing the required duties or
excused her from physical training.

8.  The applicant submitted a statement, dated 25 July 2005, wherein she
states that she was misguided on the steps needed to honorably clear
herself as an Army ROTC cadet.  She continues that the disease affected her
body internally and that her instructors did not understand the full
affects of IBS and how it
impacts an individual's daily life activities.  The applicant further
states that she continues to suffer from IBS which is not curable.  Based
on her diagnosis, she requests remission of her Army ROTC scholarship debt.

9.  In connection with the processing of this case, an advisory opinion was
obtained from the Headquarters, United States Army Cadet Command, Fort
Monroe, Virginia, dated 8 September 2005.  The Deputy Chief of Staff, G1
stated that the terms of the scholarship contract required that the Cadet
either repay the debt monetarily or agree to be ordered to active duty
through ROTC channels based on the needs of the Army.

10.  The Deputy Chief of Staff, G1 continued the applicant chose to waive
her rights to a board of officers; therefore, the debt was established with
the Defense Finance and Accounting Service-Denver on 17 February 1999.

11.  The Deputy Chief of Staff, G1 further stated that it was the
applicant's voluntary decision to breach the terms of her ROTC contract and
recommended that she reimburse the United States Government for the full
amount of her advanced educational assistance and that she not be forgiven.


12.  The applicant was provided a copy of the advisory opinion and
responded on 29 September 2005.  The applicant states she accepted the
challenge to balance being an Army ROTC cadet and a nursing student.  She
claims that she has achieved excellence in both with discipline,
perseverance and hard work and received top grades; however, she lost the
scholarship due to failing all of the Army Physical Fitness Tests (APFTs)
which were required.

13.  The applicant continues that sometimes during physical training, she
would drop-out of formation and go directly to the restroom to have bouts
of diarrhea and vomiting.

14.  The applicant further states that at first she ignored the symptoms
until they worsened; therefore, she sought a physician who diagnosed her
with IBS.  She continues there are medications to decrease the symptoms,
but they did not really work.  The applicant claims that she did her part
in spending 3 years in the Army ROTC program with the focus and
determination that she would serve as an officer in the Nurse Corps.

15.  The applicant claims that her medical condition accumulated a huge
debt that could have been cleared or even reduced if the proper individuals
had been notified to have her medically cleared.  In conclusion, she
requests that her
medical condition, her grades, and her years spent as an ROTC cadet be
taken into consideration to remit the ROTC scholarship debt owed to the
United States government.

16.  Army Regulation 40-501 (Standards of Medical Fitness) provides
information on medical fitness standards for induction, enlistment,
appointment, retention, and related policies and procedures.  Paragraph 3-5
shows which abdominal and gastrointestinal defects and diseases which are
referred to a medical evaluation board.  Irritable Bowel Syndrome is not
among those listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that her Army ROTC scholarship debt be forgiven
based on her medical condition.

2.  The applicant admitted to failing to meet the APFT standards required
by her Army ROTC contract, and that she lacked the requisite qualities for
commissioning.  Therefore, she breached the terms of her Army ROTC
scholarship contract.  Her medical condition while unfortunate, does not
forgive her of the responsibility to repay the scholarship fund debt she
incurred as a result of breaching her Army ROTC contract.

3.  The evidence of record confirms that the applicant was accepted into an
Army ROTC scholarship program and that she failed to satisfy the
contractual requirements of this program.  At the time she breached the
contract, the applicant was offered the opportunity to be ordered to active
duty in an enlisted status in lieu of repaying the debt.  Evidence shows
she chose to repay the total amount owed in monthly installments instead of
serving on active duty in an enlisted status which could have resulted in
her avoiding her current debt to the Government.

4.  The applicant has failed to provide any evidence that shows that there
was an error or injustice related to her disenrollment from the Army ROTC
for breach of contract or to her being required to repay the scholarship
money she received based on her Army ROTC contractual obligation.

5.  Contrary to the applicant's contentions that IBS prevented her from
succeeding in ROTC, IBS is not listed as a disqualifying condition for
entry or continuing in the ROTC program.  Evidence shows the applicant was
treated for the IBS and the physician did not indicate that this condition
would hinder her performance of duties.  Additionally, records show that
she was not excused from physical training due to IBS or any other medical
condition.
6.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 February 1999; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 February 2002.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_LMD____  __ALR__  _PMT  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                     __Alan L. Raub________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050011763                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  24   |104.0000.0000                           |
|2.  27                  |104.0300.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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