RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070008532 


	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:


Mr. John Slone

Chairperson

Mr. John T. Meixell

Member

Mr. David W. Tucker

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 to change the "Acknowledgement of Cadet" portion of his Disenrollment of Scholarship Cadet from the Reserve Officer Training Corps (ROTC) program to show "accept expeditious call to active duty" instead of "decline expeditious call to active duty" and, in effect, that his debt for not completing the requirements of his ROTC scholarship be forgiven based on his enlistment and service in the U.S. Marine Corps (USMC).

2.  The applicant states that he was enrolled in the Army ROTC at Radford University from August 2002 until December 2004 when he decided to enlist in the USMC upon realizing that a very good friend of his was killed in Iraq.  At the time, he felt that he could best serve the country by delaying his education and enlisting in the USMC.  He further adds that he did not intend to decline ROTC and that when he was disenrolled from the program, he intended to select the option "accept expeditious call to active duty", but thinking that he was only declining active duty status in the Army, he checked the wrong box.  He also states that he has now been in the USMC approximately 3 honorable years and that he is on his second tour in Iraq.  He concludes that he still desires to become an officer in the Army when his USMC enlistment is completed.

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

	a.  Self-authored statement, dated 18 June 2007, describing the circumstances that led to his enlistment in the USMC.

	b.  Applicant's Army DD Form 4 (Enlistment/Reenlistment Document in the Armed Forces of the United States), dated 17 September 2003.

	c.  DA Form 597-3 (Army Senior Reserve Officer's Training Corps Scholarship Cadet Contract).

	d.  Applicant's USMC DD Form 4, dated 16 December 2004.

	e.  Memorandum, Headquarters, US Army Cadet Command, dated 8 February 2005, Notification for initiation of disenrollment from the ROTC program.

	f.  Letter of Indebtedness, Defense Finance and Accounting Services (DFAS), dated 3 July 2006.

	g.  Memorandum, Headquarters, US Army Cadet Command, dated 22 July 2005, Notification of Disenrollment from the ROTC program.

	h.  USMC, Statement of Service, dated 25 July 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U. S. Army Reserve (ROTC Control Group) on 17 September 2003.  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 29 December 2004, the applicant enlisted in the USMC for a period of 4 years.  There was no enlistment bonus involved with this contract.  His statement of service shows that his expiration of term of service (ETS) is
29 December 2008.  His records further show that he served two tours in Iraq, the most recent was with the 1st Battalion, 6th Marines, from September 2006 to May 2007.

4.  On 8 February 2005, the U.S. Army Cadet Command notified the applicant by memorandum the initiation of his disenrollment from the ROTC program because of his withdrawal from academic university and for breach of contract.  He was placed on leave of absence pending disenrollment effective 10 January 2005.

5.  On 13 June 2005, the applicant acknowledged receipt of the memorandum under which he was being disenrolled from the ROTC program.  He elected to waiver his right to a hearing and acknowledged the validity of his debt as stated in the disenrollment notification.  Additionally, he elected to "decline expeditious call to active duty."

6.  On 22 July 2005, the U.S. Army Cadet Command notified the applicant by memorandum that he was disenrolled from ROTC program in accordance with Army Regulation 145-1 (Senior Reserve Officer's Training Corps Program: Organization, Administration, and Training) due to breach of contract based on his withdrawal from school.  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 $7,721.00 at that time). 

7.  On 3 July 2006, DFAS informed the applicant by letter that he owed the amount of $8,229.30 indebtedness for the recoupment of education expenses paid on his behalf during his participation in the ROTC program.  

8.  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.  On 22 July 2005, the applicant was provided these options in an election statement.  The choice of repayment was not returned; therefore, a debt was established with DFAS on 8 September 2005.

9.  The USACC advisory opinion also states that the applicant's decision to breach his ROTC was voluntary actions.  Further, he is now serving on active duty with the USMC for a period of 4 years.  His current active duty service commitment is not the result of being ordered to active duty through ROTC channels in satisfaction of his ROTC contractual obligation.  In addition he joined the USMC prior to being diseneroled from the Army ROTC program, in violation of his ROTC contract agreement.   The applicant’s subsequent voluntary enlistment in the USMC is not an authorized remedy for ROTC debt repayment under the terms of his ROTC contract.  He should not be allowed to profit from his voluntary enlistment and his actions should not eliminate his debt to the government. 

10.  On 4 September 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 enlisted in the USMC while enrolled in the Army ROTC program.  He was subsequently found in breach of his ROTC contract and was, therefore, disenrolled from the ROTC program.  As part of this disenrollment, he declined active duty and elected to repay his scholarship fund.

2.  Nevertheless, although not provided for in his DA Form 597-3, the applicant’s 29 December 2004 enlistment in the USMC served the same purpose as would have been served had he been ordered to active duty in the Army.  The Department of Defense has gotten the benefits of his service for a period of almost 4 years.  He would have owed the Army 4 years had he been ordered to active duty.  As a matter of equity it would be appropriate to consider his enlistment in the USMC to have met the active duty obligation required by his ROTC scholarship contract.

BOARD VOTE:

__js____  __jtm___  __dwt___  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 Department of the Army records of the individual concerned be corrected by amending his ROTC scholarship contract to show that he would satisfy the $7,721.00 debt under the original terms of the ROTC contract by successfully completing 4 years of active duty service in the U.S. Marine Corps.

2.  If the applicant 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 pro-rated basis in accordance with his DA Form 597-3.




							John Slone
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070008532
SUFFIX

RECON

DATE BOARDED
20071018
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
128.1000
2.
104.0300
3.

4.

5.

6.