RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2007
      DOCKET NUMBER:  AR20070004259


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, he currently has an ROTC debt in the
amount of $9,621.21 based on ROTC education funds he received while
attending college under a 2 year ROTC scholarship.  He states he enlisted
in the United States Navy (USN) and would like his ROTC debt forgiven based
on this service commitment.

3.  The applicant provides the following documents in support of his
application:  USN Enlistment Contract; ROTC Contract; and Self-Authored
Statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant entered into an ROTC contract on 22 August 2000.  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 6 January 2004, the applicant was disenrolled from the ROTC program
based on his failure to maintain a minimum cumulative academic grade point
average of 3.0 (made a 2.0 in Spring Semester 2002) and breach of contract
by failure to maintain full-time status (Fall Semester 2002, earned 10
hours) resulting in three academic probations and breach of contract.  At
this time, the applicant completed an election in which he waived his right
to a hearing; acknowledged that the amount and the validity of his debt of
$7,857.00, as stated in the disenrollment notification was correct; and
declined to be called to active duty within 60 days after completion of his
current projected graduation date or upon withdrawal/dismissal from school.


4.  On 26 January 2004, the applicant completed an Addendum to Part 1,
Scholarship Contractual Agreement, in which he promised to make repayment
of the total amount owed, $7,857.00 for his ROTC debt.
5.  On 5 February 2004, the Chief, Cadet Actions and Standards Division,
United States Army Cadet Command (USACC) requested the applicant's case be
processed for debt establishment by the Defense Finance and Accounting
Service (DFAS).

6.  On 27 July 2006, the applicant enlisted in the USN for 4 years and
entered active duty.  He enlisted in the pay grade E-3 and was authorized
enlistment bonuses totaling $15,000.00.

7.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his 4-year enlistment in the USN should
fulfill his obligation under his breached ROTC contract was considered and
found to have partial merit.  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
USN serves the same purpose as would have been served had he been ordered
to active duty in the Army through ROTC channels, and had the amount of his
ROTC debt exceeded the amount he received in enlistment bonuses, relief
would have been appropriate in this case.

2.  Although the applicant’s 4-year enlistment in the USN provides the
Government 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, he enlisted in the USN in the pay grade of E-3 and was
authorized $15,000.00 in enlistment bonuses.  The prospect of negating his
debt for a free education he received from the Army without becoming an
officer, plus allowing him to receive an enlistment/reenlistment bonus,
would be a windfall.  Therefore, given the amount of his enlistment bonuses
exceed the total amount of his ROTC debt and provides him the means to
repay his ROTC debt, it would not be appropriate to grant the requested
relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WDP _  __WDP __  __DLL __  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.




                                  _____William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004259                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/16                              |
|TYPE OF DISCHARGE       |NA                                      |
|DATE OF DISCHARGE       |NA                                      |
|DISCHARGE AUTHORITY     |NA                                      |
|DISCHARGE REASON        |NA                                      |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |103.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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