RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070014134 


	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.  




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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, that the unpaid portion of his Reserve Officers’ Training Corps (ROTC) debt be waived.

2.  The applicant states that he ended his contract with the ROTC and enlisted in the U.S. Army Reserve (USAR).  He contends that he was deployed to Operation Iraqi Freedom from June 2006 to October 2007 and requests that his debt be remitted because of his active duty military service.   He further states that his original debt was $11,191.50 and that it is currently $4,791.57.

3.  The applicant provides active duty orders, dated 12 May 2006; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 October 2007; and temporary change of station orders, dated 25 September 2006.

CONSIDERATION OF EVIDENCE:

1.  On 29 September 2000, the applicant enlisted in the USAR for a period of 
8 years.   

2.  On 24 December 2003, the applicant signed a ROTC scholarship contract and agreed to enlist in the Reserve Component of the United States Army (with an assignment to the USAR Control Group (ROTC)) for a period prescribed by the Secretary of the Army.  His academic major was Nursing.  Paragraph 2b of the applicant’s DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) states, in pertinent part, “I agree to enroll in the necessary courses and successfully complete, within the prescribed time, the requirements for the degree in the academic major stated above.”

3.  In paragraph 5 of the applicant’s ROTC contract, he acknowledged he understood and agreed that once he became obligated and was disenrolled from the ROTC program for breach of contractual terms or any other disenrollment criteria established then or in the future by Army regulations (which included, but were not limited to, Army Regulation 145-1) incorporated herein by reference, he was subject to the terms in paragraphs 5a through 5e below.  

4.  In paragraph 5a of the applicant’s ROTC contract, he acknowledged that, under the terms of this contract, the Secretary of the Army could order him to active duty as an enlisted Soldier, if he was qualified, for a period of not more than four years if he failed to complete the ROTC program.  In paragraph 5c of this contract, he acknowledged that, if offered the opportunity to repay his advanced educational assistance in lieu of being ordered to active duty, he would be required to reimburse the United States government 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 form the commencement of his contractual agreement to the date of his disenrollment or refusal to accept a commission. 

5.  On 12 September 2005, the applicant was notified that action was being taken to disenroll him from ROTC based on his breach of contract by changing his major from Nursing to Communications.  He was notified, in part, that he could be called to enlisted active duty or be required to repay his scholarship benefits in lieu of call to active duty in fulfillment of his contractual obligation.  He waived his right to a hearing and declined call to active duty within 60 days after completion of his current projected graduation date or upon withdrawal/dismissal from school.  

6.  Headquarters, United States Army Cadet Command, memorandum, dated 
4 January 2006, shows the applicant was disenrolled from the ROTC program due to breach of the ROTC contract based on his change of major from Nursing to Communications without written approval.  He was charged with a debt of $11,191.50.  

7.  On 5 January 2006, the applicant was discharged from the USAR Control Group (ROTC) (but was apparently returned to the USAR Control Group (Individual Ready Reserve)).  He was transferred to a troop program unit on an unknown date.

8.  The applicant was ordered to active duty with his unit on 8 June 2006 in support of Operation Iraqi Freedom.  He served in Iraq from 26 September 2006 to 22 September 2007 and was released from active duty on 22 October 2007.  He is currently serving as a staff sergeant in the USAR.

9.  In the processing of this case, an advisory opinion was obtained from the U.S. Army Cadet Command.  The opinion pointed out 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.  The applicant was offered these options on 4 January 2006 after being disenrolled from the ROTC program for breach of contract.  The applicant was aware of the option to enter active duty in repayment of his scholarship debt through Cadet Command channels.  Instead, he joined the USAR, and a debt was established with the Defense Finance and Accounting Service on 6 February 

2006.  The applicant served on active duty with his USAR unit from 8 June 2006 to 22 October 2007, a total of 1 year, 4 months, and 15 days.  His past active duty service was not the result of being ordered to active duty through ROTC channels in satisfaction of his ROTC contractual obligation.  Had the applicant been involuntarily ordered to active duty by the commander, Cadet Command, his active duty military service obligation would have been for a total of 3 years.  That Headquarters recommended that the applicant’s scholarship debt, which is not satisfied by his USAR active duty service, be prorated to satisfy the remainder of his debt to the government.   

10.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

11.  Army Regulation 145-1 (Senior Reserve Officers' Training Corps Program:  Organization, Administration, and Training), paragraph 3-44c, states that, upon disenrollment from ROTC, a cadet assigned to the Control Group (ROTC) who is not ordered to active duty or pending such an order and has previously completed a basic training course conducted by a U. S. Armed Force will be transferred to the Individual Ready Reserve if the military service obligation has not been met.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR on 29 September 2000 for 8 years.  He enrolled in ROTC on 24 December 2003.  Following his disenrollment from the ROTC program, he was transferred to the Individual Ready Reserve to complete his military service obligation stemming from his enlistment of 29 September 2000.  He later transferred to a troop program unit.

2.  The applicant was ordered to active duty on 8 June 2006 in support of Operation Iraqi Freedom with his USAR unit.  He served in Iraq from                 26 September 2006 to 22 September 2007 and was released from active duty on 22 October 2007.  

3.  However, given the increased operational tempo currently being experienced by USAR units and even Individual Ready Reservists, the applicant most likely would have been ordered to active duty even if he had never enrolled in ROTC.  Therefore, notwithstanding the recommendation of the advisory opinion, there appears to be no matter of equity that would warrant granting the relief requested. 


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

PM_____  __JH____  __KJ____  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.




      __              PM______
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070014134


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508