RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 June 2007
	DOCKET NUMBER:  AR20060014845 


	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. Michael L. Engle

Analyst


The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Mr. Michael J. Flynn

Member

Mr. Jeffrey C. Redmann

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 that his Reserve Officers’ Training Corps (ROTC) debt be forgiven.

2.  The applicant states, in effect, that his 16 months of active duty should be sufficient to repay his ROTC debt of $17,300.00 for 1 year of college. 

3.  The applicant provides a copy of his Certificate of Release or Discharge from Active Duty (DD Form 214), ROTC Account Statement, and his release from active duty orders.

CONSIDERATION OF EVIDENCE:

1.  Records show that the applicant's date of initial entry into military service (DIEMS) was 31 January 2002, which is apparently the date he enlisted in the Vermont Army National Guard.  There is no available evidence of his receiving any type of enlistment bonus.

2.  On 27 September 2003, the applicant contracted a 2-year ROTC scholarship. Payments were made on 19 February 2003; 7 January 2004; and 9 February 2004, totaling $17,300.00.

3.  The applicant’s DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) states that if he were disenrolled from the ROTC Program for any reason or if he failed to accept a commission, the Secretary of the Army could order him to active duty as an enlisted Soldier for 24 months or, in lieu of being ordered to active duty, could require him to reimburse the United States through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States for his advanced education.

4.  On 24 May 2004, the applicant was notified by memorandum that action was being initiated to disenroll him from the ROTC program due to his indifferent attitude or lack of interest in military training as evidenced by frequent absences from military science classes or drill and an established pattern of shirking, or similar acts. 

5.  Orders 055-158, State of Vermont, dated 24 February 2005, ordered the applicant to active duty with the 3rd Battalion, 172nd Infantry Regiment, in support of Operation Iraqi Freedom.  Accordingly, the applicant entered active duty on 3 March 2005.

6.  On 22 April 2005, the Commander, United States Army Cadet Command, Fort Monroe, Virginia, issued a memorandum stating that the applicant was discharged from the ROTC Program.  Since he was a member of the Army National Guard under the Simultaneous Membership Program (SMP), he was released to his Army National Guard unit to fulfill the remainder of his military service obligation.  It further informed the applicant of his educational assistance debt of $17,300.00 and required him to elect his repayment option.

7.  On 12 May 2005, the applicant completed an addendum to Part I of his scholarship contractual agreement indicating his promise to repay the total amount owed, plus interest, in monthly installments.

8.  On 14 July 2006, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E5, and had completed 1 year, 
4 months and 12 days of creditable active duty.   He served in Kuwait/Iraq from 27 June 2005 to 21 June 2006.

9.  In the processing of this case an advisory opinion was obtained from the Deputy Chief of Staff, G1, United States Army Cadet Command, Fort Monroe, Virginia 23651-5000.  It states that the terms of the scholarship contract require that a cadet either repay the debt monetarily or agree to be ordered to active duty through ROTC channels based on the needs of the Army.  Since the applicant had enlisted in the Army National Guard prior to being awarded the Guaranteed Reserve Forces Duty (GRFD) Scholarship, he could not repay his scholarship debt through active duty.  Therefore, he was released to his SMP unit on 22 April 2005 to complete his National Guard enlistment obligation.  The applicant had elected to repay his scholarship debt in monthly installments, and a debt was established with the Defense Finance and Accounting Service on 20 May 2005.  The deputy chief recommended that the applicant be required to repay his entire debt.

10.  On 24 April 2007, a copy of the advisory opinion was mailed to the applicant for his information and opportunity to submit his concurrence or rebuttal.  As of 
5 June 2007, no response was received.

11.  Army Regulation 135-210 prescribes policies and procedures for ordering individual Soldiers of the Army National Guard of the United States and the United States Army Reserve to active duty during peacetime.  In pertinent part, it states that former ROTC cadets, when ordered to active duty, will be ordered to report to the U. S. Army Reception Battalion and will be ordered to active duty in pay grade E-1.

DISCUSSION AND CONCLUSIONS:

1.  When the applicant was disenrolled from ROTC, he was released to his Army National Guard unit to fulfill the remainder of his military service obligation.  Had the applicant been able to accept active duty in lieu of repaying his ROTC debt, he would have been obligated to serve 2 years of active duty.  

2.  The applicant was ordered to active duty as a member of the Vermont Army National Guard and served 16 months and 12 days of active duty, of which 
11 months and 25 days were served in Iraq. 

3.  The applicant’s active duty served the same purpose as would have been served had he been ordered to active duty after his disenrollment from ROTC.  As a matter of equity, it would be appropriate to consider his active duty service as having partially met the 2-year active duty obligation required by his ROTC scholarship contract.  Therefore, prorating his debt of $17,300.00 at $720.83 per month, or $24.03 per day, leaves a balance still owed of $5,478.36.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__MJF __  __cd___     __JCR _   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his ROTC scholarship contract to show that he would satisfy a portion of the $17,300.00 ROTC debt under the original terms of the ROTC contract by successfully completing 16 months and 12 days active duty during his current enlistment in the Vermont Army National Guard.

2.  The portion of the ROTC debt that would be satisfied by the above correction will be the total amount of the ROTC debt minus a prorated amount of $11,821.64, leaving a balance still owed of $5,478.36. 

3.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to waiving the entire ROTC indebtedness amount.




__    _Carmen Duncan___
          CHAIRPERSON




INDEX

CASE ID
AR20060014845
SUFFIX

RECON
 
DATE BOARDED
20070607 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
128.1000
2.

3.

4.

5.

6.