RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 April 2007
      DOCKET NUMBER:  AR20060011432


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 the amount of his Reserve
Officer Training Corps (ROTC) debt be reduced from $65,100 to $62,100.

2.  The applicant states, in effect, that his contract was for $20,000 in
scholarship benefits during the 2004-2005 academic year rather than
$23,000.  He states that he should not be liable for the Army error that
paid the University an additional $3,000.  He claims he notified his
commanding officer of this error and the error was not corrected
appropriately.  He claims his commanding officer recognizes that only
$62,100 is a valid debt on page 4 of a DA Form 1574 (Report of Proceedings
By Investigating Officer/Board of Officers), dated 27 April 2005.

3.  The applicant provides the following documents in support of his
application:  DA Form 5315-E (Army Advanced Education Financial Assistance
Record), dated 4 April 2005; DA Form 1574; and DA Form 597-3 (Army Senior
ROTC Scholarship Cadet Contract).

CONSIDERATION OF EVIDENCE:

1.  On 12 December 2002, the applicant entered into a valid Army Senior
ROTC Scholarship Cadet Contract, and on 21 January 2002, he signed a cadet
enrollment form acknowledging his understanding of the Department of
Defense (DOD) Homosexual Conduct Policy.  The terms of the contract also
included a requirement for repayment of advanced educational assistance
monies received from the Government if the contract were breeched.

2.  A DA Form 5315-E, dated 4 April 2005, shows that the applicant received
a total of $65,100 in ROTC scholarship benefits between 17 December 2002
and 14 January 2005.

3.  On 6 April 2005, a Syracuse University, College of Law, Office of
Admissions and Financial Aid, issued a memorandum indicating the applicant
had met with the Director of Financial Aid to discuss his financial status
for the 2004-2005 academic year.  It indicates the applicant's ROTC award
was adjusted in November 2004 and as a result, his student loan was reduced
by $1,020.  It further indicated that the total financial aid, both before
and after the ROTC adjustment was $47,170.  Consequently, the net effect of
the ROTC award adjustment was the $1,020 reduction in the Federal student
loan debt of the applicant.

4.  On 27 April 2005, an investigating officer (IO) convened a hearing with
the applicant, his counsel, and representative of the University.  The IO
found the applicant had entered into a valid Army Senior ROTC Scholarship
Cadet Contract on 12 December 2002, and had acknowledged his understanding
of the DOD homosexual conduct policy in a cadet enrollment form he
completed on
21 January 2002.  He also found the applicant did receive advance
individual education assistance in the form of ROTC scholarship monies from
the United States Government in the amount of $65,100, and that this
assistance constituted a valid debt to the Government.  The IO further
indicated the applicant did suffer negative impact on his financial aid due
to an increase of scholarship benefits and had notified the Professor of
Military Science (PMS) of this negative impact on his financial aide and
entered into a good faith verbal contract with the PMS to reduce the
scholarship amount by initialing the cadet enlistment contract on 18
November 2004.

5.  The IO further found the applicant had and continued to engage in
homosexual conduct as defined by the DOD policy and self-confessed to such
acts beginning in January 2004.  He further found the applicant
participated in homosexual acts with full knowledge of the policy and its
ramifications, to include the repayment of scholarship monies.  He further
indicated the applicant would continue to engage in homosexual acts;
however, the homosexual acts were not being performed for the purpose of
evasion of military duty.  The IO indicated that the applicant did not
dispute his debt of $62,100; however, he did challenge the amount of
$65,100.

6.  The IO finally found that the applicant had breeched his ROTC contract
and that he should be ordered to pay his valid debt to the Government of
$62,100.  He recommended the applicant not be retained as a scholarship
student and that the applicant be disenrolled from ROTC based on his self-
admission of homosexual conduct.  The IO further recommended the applicant
be released from ROTC contractual obligations with the exception of
repayment of his debt and that the applicant not be ordered to active duty
in an enlisted status.  Finally, he recommended the applicant be ordered to
pay his valid debt of $62,100 to the Government based on his receipt of
advanced education financial assistance received in the form of scholarship
benefits.

7.  On 2 August 2005, after being disenrolled from the ROTC program for
homosexual conduct, the applicant was offered monetary payback.  On
24 August 2005, the applicant appealed the amount of his scholarship debt,
and on 2 November 2005, this appeal was forwarded to the Department of the
Army (DA), Deputy Chief of Staff, G-1 for action.

8.  On 6 February 2006, the Department of the Army (DA), Officer of the
Deputy Chief of Staff, G-1, Director of Military Personnel Management
(DMPM), carefully considered the applicant's appeal of recoupment and he
found the debt to be reasonable, and he directed the applicant be ordered
to repay scholarship monies in the amount of $65,100.

9.  On 8 March 2006, the Chief, Cadet Actions and Standards Division,
United States Army Cadet Command (USACC) prepared a memorandum for the
Department of the Army (DA) Deputy Chief of Staff, G-4/8 requesting the
applicant's case be processed for establishment of a debt with the Defense
Finance and Accounting Service (DFAS).

10.  During the processing of this case, an advisory opinion was obtained
from the Deputy Chief of Staff, G-1 of USACC.  This official stated that
the applicant's decision to breach his ROTC contract was a voluntary
action.  He had accepted a 3 1/2-year scholarship in 2002.  This official
further states that the applicant's appeal of the amount of his debt was
properly processed, considered, and denied by the DA DMPM, and recommends
the amount of the applicant's ROTC debt not be reduced.

11.  On 5 February 2007, the applicant was provided the USACC advisory
opinion in order to have the opportunity to respond to contents.  To date,
he has failed to reply.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the amount of his ROTC scholarship debt
should be reduced from $65,100 to $62,100 was carefully considered.
However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms the applicant voluntarily breeched his
ROTC contract, and as a result was required to repay all ROTC scholarship
monies received.

3.  The applicant's ROTC disenrollment was properly processed in accordance
with the governing regulation, and his debt appeal was properly considered
by DA.  All requirements of law and regulation were met and the applicant's
rights were fully protected throughout the ROTC disenrollment and debt
establishment processes.

4.  The evidence also includes a memorandum from the Director of Financial
Aid of Syracuse University, College of Law, Office of Admissions and
Financial Aid, dated 6 April 2005, which confirms the adjustment of the
applicant's ROTC award in November 2004, and that his student loan had been
reduced as a result.  It also contains a DA Form 5315-E that confirms the
total amount of ROTC scholarship benefits paid the applicant between
December 2002 and January 2005 was $65,100.   Therefore, notwithstanding
the debt amount recommendation of the IO, it appears the applicant's ROTC
debt was properly established based the scholarship monetary benefits he
received.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JI    __  __SAP __  __QSA__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _____John Infante______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060011432                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/03                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |128.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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