RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 December 2007
	DOCKET NUMBER:  AR20070003301 


	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

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. James R. Hastie

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 his Reserve Officer's Training Corps (ROTC) scholarship debt be forgiven based on his medical disenrollment from the program due to mental illness and asthma.

2.  The applicant states, in effect, that he had a medical condition that caused his inability to concentrate in class or conduct physical fitness training and eventually led to his disenrollment from the program.

3.  The applicant provided the following documentary evidence in support of his application:

	a.  an undated self-authored letter;

	b.  a copy of his Scholarship Contractual Agreement, dated 8 July 2004;

	c. his neuropsychological assessment report, dated 1 March 2005, from Widener University Neuropsychology Assessment Center, Chester, Pennsylvania; and

	d.  his psychological report, dated 10 February 2007, from Widener University Neuropsychology Assessment Center, Chester, Pennsylvania.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U. S. Army Reserve (ROTC Control Group) on 6 September 2001.  Paragraph 5 (Terms of Disenrollment) of the applicant's DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) states that if the cadet were disenrolled from the ROTC program for any reason, the Secretary of the Army could order the cadet to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as the unserved portion of active duty bears to the total period of active duty the cadet agreed to serve or was ordered to serve.  

2.  Paragraph 6 (Enlisted Active Duty Service Obligation) of the applicant’s DA Form 597-3 states that if he were called to active duty for breach of contract under the provisions of paragraph 5, he would be ordered to active duty for 2 years if the breach occurred during Military Science (MS) II; for 3 years if the breach occurred during MS III; or for 4 years if the breach occurred during MS IV.

3.  On 5 February 2003, the applicant was placed on leave of absence in accordance with paragraph 3-43a(15) of Army Regulation 145-1 (Senior Reserve Officer’s Training Corps Program: Organization, Administration, and Training) pending his disenrollment from the ROTC program.

4.  On 27 October 2003, the U.S. Army Cadet Command notified the applicant by memorandum of the initiation of his disenrollment from the ROTC program due to dropping military science classes and quitting the program.

5.  On 25 November 2003, the applicant acknowledged receipt of the disenrollment notification.  He waived his right to a hearing; acknowledged that the amount and validity of his scholarship debt as stated in the disenrollment memorandum was correct; waived the opportunity to present matters regarding the amount or validity of his indebtedness before a board or investigating officer, and declined expeditious call to duty.

6.  On 29 March 2004, by memorandum, the Commander, 3rd Brigade, Eastern Region, Army Cadet Command, Fort Belvoir, Virginia, recommended the applicant be disenrolled from the ROTC program and repay the amount of $26,700 received for scholarship tuition and fees.

7.  On 10 April 2004, by memorandum, the Commander, Eastern Region, Army Cadet Command, Fort Knox, Kentucky, recommended approval of the applicant’s disenrollment from the ROTC program and repayment of the scholarship tuition and fees.  He further stated that the applicant’s withdrawal from the ROTC program represented a breach of contract, conveyed a lack of desire to become and Army officer, and indicated he was not the caliber individual sought by the Army. 

8.  On 18 June 2004, the Commander, U.S. Army Cadet Command, Fort Monroe, Virginia, notified the applicant by memorandum that he was disenrolled from the ROTC program in accordance with Army Regulation 145-1 due to breach of contract based on his withdrawal from ROTC classes for the spring semester 2003.  The memorandum also informed the applicant of his obligation to satisfy the Army through active duty in an enlisted status or repayment of the cost of educational assistance provided by the Army, valued at $26,700.00 at that time.

9.  On 8 July 2004, the applicant acknowledged receipt of the memorandum under which he was being disenrolled from the ROTC program.  He elected to promise to repay the total amount owed, $26,700.00 in monthly installments, plus interest on the amount owed, as specified in his scholarship contract.
10.  The Defense Finance and Accounting Service (DFAS) letter informing the applicant of his indebtedness in the amount of $26,700 for the recoupment of education expenses paid on his behalf during his participation in the ROTC program, is not available for review in this case.  

11.  In an undated self-authored letter, the applicant stated that he had argued that he was unsuitable for Army service since the date listed on the medical report submitted by the Clinical Supervisor, Widener University Neuropsychology Assessment Center, Chester, Pennsylvania, dated 1 March 2005.  He added that he changed several psychotropic medications that had physical side effects during the time frame he was enrolled in the ROTC program and that based on this information he should have been medically discharged.  

12.  The applicant submitted a copy of his neuropsychological assessment report, dated 1 March 2005, from Widener University Neuropsychology Assessment Center, Chester, Pennsylvania.  In that report, the Clinical Supervisor conducted a psychological evaluation of the applicant on 10 February 2005 and 14 February 2005.  He summarized his findings with respect to the causes of the applicant's academic failure in 2003-2004 by stating that there was clear clinical evidence that the applicant suffered from a rapid cycling Bipolar II Disorder and was experiencing a significant exacerbation of this mood disorder during the period in question.

13.  The applicant also submitted a copy of a lengthy and detailed psychological evaluation, dated 10 February 2005, from Widener University Neuropsychology Assessment Center, Chester, Pennsylvania.  In that report, the Clinical Supervisor as well as the Post-Doctoral Fellow, presented their report as a comprehensive evaluation of the applicant's psychological functioning in connection with academic problems which led to his disenrollment from the ROTC program.  They further gave background information regarding the applicant's developmental, educational and vocational, past psychiatric, and past medical history.  The report concluded that the applicant was experiencing a mild adjustment reaction involving both anxious and dysphonic feelings.

14.  During the processing of this case, an advisory opinion was obtained from the United States Army Cadet Command (USACC) on 12 October 2007.  The Deputy Chief of Staff, G1, stated that the terms of the ROTC scholarship contract require a cadet to either repay his debt monetarily or agree to be ordered to active duty through ROTC channels based on the needs of the Army.  The applicant was offered these options on 18 June 2004 after being disenrolled from 

the ROTC program due to breach of contract.  He was aware of the option to enter active duty through cadet command channels in repayment of his scholarship debt.  However, he chose to repay his debt in monthly installments.  Subsequently, a debt was established by DFAS on 23 July 2004.

15.  The USACC Deputy Chief of Staff, G1, also stated in the advisory opinion that the applicant claimed that his disenrollment was due to mental illness and asthma; however, there is no evidence in the applicant’s file to support any medical problems.  Paragraph 5-c of his Army Senior Reserve Officers’ Training Corps Scholarship Cadet Contract, stated that the applicant agreed to advise the Professor of Military Science of his status (e.g. illness) as it may affect his qualification for continued military service or appointment or his ability to complete his degree requirements.  His decision to breach his ROTC contract by not informing his Professor of Military Science of his medical problems was a voluntary action.  Therefore, he should be required to repay his scholarship debt to the government. 

16.  On 22 October 2007, the applicant was provided a copy of the USACC advisory opinion in order to have an opportunity to respond to its contents.  There is no record of a response.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was disenrolled from the ROTC program due to his dropping military science classes, failing to notify his professor of military science of any medical conditions, and simply quitting the program.  He was subsequently found in breach of his ROTC contract and was, therefore, offered the opportunity to serve in an enlisted status.  He declined active duty and elected to promise to repay his scholarship fund.

2.  Notwithstanding the expert psychological evaluation conducted at Widener University, paragraph 5 of the applicant's scholarship cadet contract required him to notify his Professor of Military Science of any medical conditions.  The applicant chose not to do so.  Further, not only did he not enlist in any branch of the Armed Forced subsequent to his disenrollment from the ROTC program, he declined expeditious call to active duty, and chose to repay the debt monetarily.  

3.  The applicant was under a contractual agreement with the Army.  He breached his contract.  His subsequent and post-disenrollment medical condition does not eliminate his debt to the government.  He should not be allowed to profit from failure to live up to the Army standards and voluntary disenrollment from the ROTC program.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__lds___  __ecp___  __jrh___  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
AR20070003301
SUFFIX

RECON

DATE BOARDED
20071204
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
128.1000
2.
104.0300
3.

4.

5.

6.