RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 February 2008
	DOCKET NUMBER:  AR20070014395 


	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. Michael J. Fowler

Analyst


The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Mr. Antonio Uribe

Member

Mr. Ronald D. Grant

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 that his Reserve Officers’ Training Corps (ROTC) debt be terminated.

2.  The applicant states, in effect, that he was informed he would either have to pay back his scholarship money or in lieu of payment he could serve his active duty term.  He discussed this with his ROTC cadre and informed them that he would be enlisting into active duty in lieu of payment.  He states that he enlisted under the 18X program and reported to basic training.  While he was already in basic training in Fort Benning, Georgia, he received another set of orders directing him to Fort Jackson, South Carolina, at a later date.  They were unaware that he was already enlisted and was currently in basic training.  He brought this to the attention of his Drill Sergeant, who told him that because he was already in basic training that he should disregard the orders directing him to Fort Jackson, South Carolina.  The applicant further stated that he has more than served his obligated service time.  His obligated service time was 2 years and that he has now served almost 5 years active duty.

3.  The applicant provides his ROTC disenrollment paperwork; Military Entrance Processing Station Harrisburg Orders 211-10, dated 23 October 2003; a memorandum from Headquarters, U.S. Army Infantry Center, dated 10 January 2003; Headquarters, U.S. Army Infantry Center Orders 76-3688, dated 17 March 2003; Headquarters, XVIII Airborne Corps and Fort Bragg Orders 102-81, dated 12 April 2005; XVIII Airborne Corps and Fort Bragg Orders 83-85, dated 
24 March 2005; a memorandum from Headquarters, 7th Special Forces Group (SFG) (Airborne), dated 17 May 2005; a memorandum from Headquarters, 2nd Battalion, 7th SFG (Airborne), dated 17 May 2005; Rear Detachment, 18th Personnel Services Battalion Orders 006-02, dated 6 January 2006; Headquarters, 2nd Battalion, 7th SFG (Airborne) Permanent Orders Number 046-30, dated 17 February 2007; and an Enlisted Records Brief, brief date 
17 October 2007. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U. S. Army Reserve (ROTC Control Group) on 14 August 2001.  His DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), which would have been the version dated June 1995, is not available.

2.  Paragraph 7d of the applicant's DA Form 597-3 would have stated, "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."

3.  Paragraph 8 of the applicant's DA Form 597-3 would have stated, "if he were called to active duty for breach of contract under the provisions of paragraph 7, he would be ordered to active duty for 2 years if the breach occurred during Military Science II; for 3 years if the breach occurred during Military Science III, or for 4 years if the breach occurred during Military Science IV."

4.  Paragraph 10 of the applicant's DA Form 597-3 would have stated, "I agree that if I am disenrolled from the ROTC Program…any money I am determined to owe the United States that is not paid in a lump sum on the date it is due, shall bear interest at the rate equal to the highest rate being paid by the United States on securities…and shall accrue from the day that I am first notified of the amount I owe to the United States as reimbursement under this contract.  I also agree that, if the debt is not paid in a lump sum, I will be required to pay it in monthly installments over a period not to exceed 36 months, in an installment payment amount of not less than $50, unless approved otherwise by the Defense Finance and Accounting Service – Indianapolis Center (DFAS)."  

5.  The applicant was disenrolled from ROTC around July 2002, while he was in Military Science (MS) III.  He was informed the total amount of monies spent in support of his educational assistance was $5,604.00.  He elected to accept expeditious call to active duty.

6.  On 26 July 2002, the applicant enlisted in the Delayed Enlistment Program.  On 23 October 2002, he enlisted in the Regular Army for 5 years, in pay grade 
E-3, for a $20,000 cash enlistment bonus and training in Special Forces.  

7.  Headquarters, U.S. Army Cadet Command Orders 303-014, dated 31 October 2002, show the applicant was ordered to active duty with a 36-month commitment at the rank of Private (PVT)/E-1, with a reporting date to Fort Jackson, South Carolina of 30 November 2002.

8.  Army Regulation 135-210 prescribes policies and procedures for ordering individual Soldiers of the Army National Guard of the United States and the U.S. Army Reserve to active duty during peacetime.  In pertinent part, it states that former ROTC cadets, when ordered to active duty, will be ordered to report to the U. S. Army Reception Battalion and will be ordered to active duty in pay grade 
E-1.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's ROTC debt totals $5,604.00 as a result of his disenrollment.  He agreed to being ordered to active duty.  Instead, he enlisted in the Regular Army in September 2002 in pay grade E-3 and for a $20,000 enlistment bonus.

2.  The prospect of negating the applicant’s $5,604.00 debt for a free education he received from the Army without becoming an officer, plus allowing him to receive a $20,000 enlistment bonus he ordinarily would not have received, is a windfall.  While the Board has no jurisdiction to stop the enlistment bonus in this case, the bonus is a legitimate factor to consider in denying equitable relief regarding the ROTC debt.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__KLW__  ___AU    _  ___RDG_  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.




____ Ronald D. Grant __
          CHAIRPERSON




INDEX

CASE ID
AR20070014395
SUFFIX

RECON

DATE BOARDED
5 FEBRUARY 2008
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
104.0300.0000
2.

3.

4.

5.

6.