RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 June 2007
	DOCKET NUMBER:  AR20060016402 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Victoria A. Donaldson

Analyst


The following members, a quorum, were present:


Ms. LaVerne M. Douglas

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea N. Nuppenau

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, forgiveness of the debt he incurred as a result of his breaching his Army Reserve Officer Training Corps (ROTC) contract. 

2.  The applicant states, in effect, that the conditions of his ROTC scholarship reimbursement of debt stated that he must either make monetary repayment or agree to be ordered to active duty, and he elected to enlist in the United States Air Force for 6 years. 

3.  The applicant provides a copy of a United Stated Air Force Leave and Earnings Statement in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered into an ROTC contract on 19 June 2002.  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 17 April 2006, the applicant was disenrolled from the ROTC program for breach of contract.  Specifically, the applicant was disenrolled due to his indifferent attitude and lack of interest as evidence by frequent absences from military science classes, drill, and physical training.  At that time, the applicant elected monetary repayment and a debt was established with the Defense Finance and Accounting Service-Center on 9 May 2006.

4.  On 30 March 2006, the applicant enlisted into the United States Air Force Reserve in the pay grade E-3.

5.  On 11 July 2006, the applicant was discharged from the United States Air Force Reserve and enlisted in the pay grade E-3 in the Regular Component of the United States Air Force for a period of 6 years.



6.  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 that on 17 April 2006, the applicant was offered the monetary repayment option due to being on active duty in the United States Air Force Reserve.  He elected monetary repayment and a debt was established with the DFAS Denver Center on 9 May 2006.  It also stated that the applicant's decision to breach the term of his ROTC contract by enlisting in the Air Force was a voluntary action.  It further stated that the applicant's enlistment into the Air Force is not an authorized remedy for debt repayment under the terms of the ROTC contract.  USACC officials recommended that the applicants voluntary enlistment in the Air Force not reduce the amount that he is required to reimburse the military for his advanced educational assistance. 

7.  On 3 April 2007, the applicant was provided a copy of the USACC advisory opinion in order to have the opportunity to reply.  To date, he has failed to respond.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his 6 year enlistment in the Regular Component of the United States Air Force should fulfill his obligation under his breached ROTC contract was considered and found to have merit.  

2.  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.  Nevertheless, in this case, the applicant’s enlistment in the United States Air Force serves the same purpose as would have been served had he been ordered to active duty in the Army through ROTC channels.  

3.  The record shows that as a result of the applicant’s 6 year enlistment in the United States Air Force, the Government is getting the benefits of his service for the same period he would have served had he been ordered to active duty as a result of breaching his ROTC contract.  Had he elected an expeditious call to active duty to repay his debt for breaching his ROTC contract, he would have been assigned against the needs of the Army, in pay grade E-1, and not allowed any enlistment options.  However, the applicant enlisted in the United States Air Force in the pay grade of E-3.  

4.  In view of the facts of this case, it would be appropriate to consider his enlistment in the United States Air Force to have met the active duty obligation required by his ROTC scholarship contract as a matter of equity.  If he fails to complete his current period of enlisted service obligated as a result of his ROTC scholarship either voluntarily or because of misconduct, his ROTC debt should be required to be recouped on a prorated basis.

BOARD VOTE:

_LMD__ _  _EEM___  _RNN__  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected by amending his ROTC scholarship contract to show that he would satisfy his debt under the original terms of the ROTC contract by successfully completing 6 years of service in the United States Air Force.  

2.  If the individual concerned fails to complete the period of enlisted service obligated as a result of his amended ROTC scholarship contract either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a prorated basis in accordance with his DA Form 597-3.




_LaVerne M. Douglas_
              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.