RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 February 2007
      DOCKET NUMBER:  AR20060003539


      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. Loretta D. Gulley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 Reserve Officers Training
Corps (ROTC) scholarship debt be forgiven.

2.  The applicant states, in effect, he did not have an indifferent
attitude nor did he breach his contact.  He states that he suffered from
depression and extreme anxiety.  He finally states that he believes that
any individual suffering from a physical impairment would be deemed
incapable of fulfilling his obligation to the Army ROTC program.

3.  The applicant provides two memorandums from the Dipolmate in Neurology
and Psychiatry, a memorandums from South Shore Neurologic Associates, P.C.,
dated 1 August 2001,  a copy of Disenrollment from the Reserve Officer’s
Training Corps (ROTC) (the applicant); a copy of a memorandum from HQDA,
DCCSPER, G-1, dated 15 October 2004,  a copy of a memorandum dated
31 August 2003, subject:  applicant’s appeal.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enrolled in the
ROTC Program, effective 8 February 2001, and agreed to enlist for a period
of
8 years in the U.S. Army Reserve (USAR).  The ROTC scholarship contract
provides, in pertinent part, that the Department of the Army would pay for
four academic years of tuition and educational fees up to an annual amount
of $16,000.00.

2.  On 21 November 2002, the Professor of Military Science (PMS), U.S. Army
ROTC Battalion informed the applicant that his disenrollment from ROTC was
being initiated under the provisions of Army Regulation 145-1, paragraph 3-
43a (15) and (16), for breach of contract as evidenced by frequent absences
from military science classes and failure to report to his ARNG SMP unit.
The PMS informed him of his rights.

3.  On 10 February 2003, a formal board convened and the applicant did not
personally appear at the board.  The board proceedings are in the record.
The Board found that the applicant entered into a valid ROTC contract and
that he voluntarily breached his contract by failing to complete the
requirements.  He failed to attend scheduled ROTC activities associated
with his classes and he failed to report to his assigned ARNG unit.  The
board recommended that he not be retained in the ROTC, that he be
disenrolled from ROTC, that he should not be released from his ROTC
contractual obligation, he should not be ordered to active duty in an
enlisted status, and he should be ordered to make repayment of the valid
debt in the form of scholarship benefits.

4.  On 27 June 2003, Headquarters, United States Army Cadet Command
(USACC), Fort Monroe, Virginia notified the applicant that he was
disenrolled from the Army ROTC program under the provisions of Army
Regulation 145-1, paragraph 3-43a (15) and (16).  Disenrollment was based
on his indifferent attitude and breach of contract as evidenced by frequent
absences from military science class.  The applicant was also advised that
he could elect to repay the Government $34,155.00 (less subsistence and
Advance Camp Pay), in full, set up a repayment plan or he could
appeal/dispute the decision.

5.  On 31 August 2003, the applicant appealed the decision of the board
indicating that he disagreed with their findings.  He submitted two
statements; one undated and one dated 18 July 2003 attesting his mental
state.

6.  On 3 October 2003, the Staff Judge Advocate reviewed the appeal
submitted by the applicant and found it to be without merit.  The Staff
Judge Advocate recommended that the appeal be forwarded to the DCSPER for
final determination.

7.  On 5 November 2003, the Director, Personnel and Administration
Division, forwarded the proceedings to the Headquarters Department of the
Army, Chief of Staff for determination of the validity of the debt IAW 10
USC, Section 2005 (g) (1), or whether an investigating officer (IO) was
deemed appropriate to make further findings and recommendations.

8.  On 15 October 2004, HQDA, Office of the Deputy Chief of Staff, G1
appointed the Officer Accessions Policy Integrator as the IO.  The IO
notified the applicant that the documentation regarding the validity of
this debt and alleged disqualification due to mental illness was
insufficient to document disqualification. The IO recommendation that the
applicant submit any evidence for consideration within 14 days of receipt
of her letter.

9.  On 29 March 2005, the Director, of Military Personnel Management,
Office of the Deputy Chief of Staff advised the Commander, USACC, that the
applicant’s appeal for the recoupment of educational expenses had been
carefully considered and the debt was found to be valid and that the
applicant should be be ordered to repay the educational expenses in the
amount of $34,155.00.  The Commander, USACC was also advised to take the
appropriate action to notify the Director, Defense Finance and Accounting
Service (DFAS), to pursue collection of the above amount plus any interest
and penalties that may have accrued since the debt was established.

10.  On 12 May 2005, the Director, Personnel Administration, USACC,
notified the Professor Military Science of the decision regarding the
applicant's disenrollment from the ROTC program.  The applicant was to be
discharged from the ROTC program with an uncharacterized discharge in
accordance with Army Regulation 135-18, paragraph 5-5 based on his
indifferent attitude and breach of contract.  The applicant was also
ordered to repay his educational expenses.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his SROTC scholarship debt
should be forgiven because he suffers from depression and extreme anxiety.
He believes that mental illness should deem him incapable of fulfilling his
obligation to the SROTC program.

2.  The applicant breached a valid contract and debt was established.  This
claim of depression and extreme anxiety are noted.  However, the applicant
provided insufficient proof to establish that a mental condition interfered
with his ability to complete his ROTC obligation.

3.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JCR___  ___DKH_  ___RDG _  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

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.




                                  ____Jeffrey C. Redmann_____
                                            CHAIRPERSON








                                    INDEX

|CASE ID                 |AR200060003539                          |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/02/08                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |MR. CHUN                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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