IN THE CASE OF:	  

	BOARD DATE:	  26 June 2008

	DOCKET NUMBER:  AR20080005298 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his Reserve Officers’ Training Corps (ROTC) debt be waived.

2.  The applicant states, in effect, that he believes the debt is unfair because he is currently serving a six year enlistment in the U.S. Air Force (starting out as an E-1 with no bonus) and that under his ROTC scholarship contract he would have been ordered to serve three years of active duty.  He contends that although his service is not with the Army, the Department of Defense is still receiving his service for six years, which is three years longer than his contract would have ordered him to serve.  He would like to use his six year enlistment in lieu of service to satisfy his ROTC debt.   

3.  The applicant provides his Air Force enlistment contract; a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract); his scholarship contractual agreement; an enlisted performance report; and a Defense Finance and Accounting Service (DFAS) statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the U.S. Air Force in the rank of E-3.




2.  On 27 September 2002, 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.  

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 5b 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.  Paragraph 6 of the applicant’s ROTC contract states that if he were called to active duty for breach of contact under the provisions of paragraph 5, 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.

6.  The applicant enlisted as a Cadet in the U.S. Army Reserve on 27 September 2002 for a period of 8 years.  

7.  On 30 May 2005, the applicant was notified that action was being taken to disenroll him from the ROTC program for beach of contract based on undesirable character as demonstrated by discreditable incidents with university authorities and academic dishonesty (plagiarism).  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, elected to request a board of officers, and declined expeditious call to active duty.  

8.  On 4 January 2006, the applicant was notified that he was disenrolled from the ROTC program for beach of contract based on undesirable character as demonstrated by discreditable incidents with university authorities and academic dishonesty (plagiarism).

9.  On 11 January 2006, the applicant signed a scholarship contractual agreement promising to repay the total amount owed, $22,666.50, in monthly installments, plus interest on the amount owed, as specified in his scholarship contract.

10.  The applicant enlisted in the U.S. Air Force Reserve on 1 February 2006 for a period of 8 years.  On 13 June 2006, he enlisted in the Regular Air Force in pay grade E-1 for a period of 6 years. 

11.  A DFAS account statement, dated 10 December 2007, shows the applicant was charged with a debt of $23,967.97.  

12.  In the processing of this case, an advisory opinion was obtained from the U.S. Army Cadet Command.  The opinion pointed out that the applicant was aware of the option to enter active duty in repayment of his scholarship debt through Cadet Command channels.  Instead, he chose to repay in monthly installments, and a debt was established with DFAS on 14 February 2006.  The opinion stated that his enlisted service in the U.S. Air Force is not an authorized remedy for debt repayment under the terms of the ROTC contract.  His scholarship benefits totaling $22,666.50 are profits the applicant should not be allowed to retain.  His action should not eliminate his debt to the government.

13.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He responded on an unknown date.  In summary, he stated that he respected the Cadet Command’s decision, but he disagreed with it.  He stated his reasons for disagreeing were valid because the government was receiving his service for a time more than equal to his obligation.  He again points out that had he been immediately called to active duty he would have been serving three years enlisted active duty; however, he is currently serving six years.  Therefore, the government is receiving three additional years of service.  He also points out that he did not receive a bonus and he enlisted as an E-1.

14.  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.  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.  Although not provided for in his DA Form 597-3, the applicant’s 13 June 2006 enlistment in the Regular Air Force served the same purpose as would have been served had he been ordered to active duty.  The Regular Air Force is still getting the benefits of his service for a period of 6 years.  He would have owed the Army 3 years had he been ordered to active duty.  As a matter of equity it would be appropriate to consider his 6-year enlistment in the Regular Air Force to have met the active duty obligation required by his ROTC scholarship contract. 

2.  If the applicant fails to complete the period of enlisted service obligated as a result of his 13 June 2006 enlistment either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xx____  ___xx___  ___xx___  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 partial 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 his $22,666.50 ROTC debt under the original terms of the ROTC contract by successfully completing, 3 years of his current 6-year enlistment in the Regular Air Force.

2.  If the individual concerned fails to complete 3 years 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.    

3.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to granting the full relief requested at this time.




 _   _____xxxxxxxx___________
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080005298





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ABCMR Record of Proceedings (cont)                                         AR20080005298



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