RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 March 2007
DOCKET NUMBER: AR20060013096
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
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Ms. Linda D. Simmons
Chairperson
Mr. John T. Meixell
Member
Mr. Ronald S. Venable
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 a copy of his enlisted records brief in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant entered into an ROTC contract on 30 March 2004. 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 3 March 2004, the applicant was disenrolled from the ROTC program based on his withdrawal from school. At this time, the applicant declined the offer to be ordered to active duty. At the time, the DFAS established a debt for the cost of his educational expenses paid ($6,024.00) on his behalf.
4. On 7 July 2004, the applicant enlisted in the Regular Army in the pay grade
E-3, entered active duty for 5 years and was awarded an $8000.00 enlistment bonus.
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. It 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. USACC officials recommend the applicantÂ’s voluntary enlistment in the Army not reduce his debt.
6. The applicant did not submit a written response to the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his 5 years enlistment in the Regular Army should fulfill his obligation under his breached ROTC contract was carefully 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.
2. The applicant's ROTC debt totals $6,024.00. He agreed to pay the debt in lieu of being ordered to active duty. Had the applicant chosen active duty or been involuntarily ordered to active duty as a result of his disenrollment, he would have been assigned against the needs of the Army, in pay grade E-1, and not allowed any enlistment options. Instead he enlisted in the Regular Army on 7 July 2004 in the pay grade E-3 with an $8000.00 enlistment bonus.
3. The prospect of negating the applicant's $6,024.00 debt for a free education he received from the Army without becoming an officer, plus allowing him to receive an $8,000.00 enlistment bonus he ordinarily would not have received, is a windfall. While the Board has no jurisdiction to stop the enlistment bonus in this case, the bonus is a legitimate factor to consider in denying equitable relief regarding the ROTC debt.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JTM____ __LDS__ __RSV__ 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.
__Linda D. Simmons__
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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