IN THE CASE OF:
BOARD DATE: 4 September 2008
DOCKET NUMBER: AR20080006507
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, termination of his Reserve Officer Training Corps (ROTC) Scholarship Debt.
2. The applicant states, in effect, that he is currently paying off an Army ROTC scholarship he received in college. However, he is now an active duty officer serving in the Navy, and he would like his ROTC debt terminated based on this service.
3. The applicant provides commissioning and promotion certificates in support of his application.
CONSIDERATION OF EVIDENCE:
1. On 19 September 2001, the applicant entered into an Army Reserve Officers' Training Corps (ROTC) Scholarship Cadet Contract (DA Form 597-3). By signing the contract, he acknowledged his understanding of the conditions of the contract and that he concurred with them. 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.
2. The applicant was disenrolled from the ROTC program based on his failure to enroll in ROTC classes for the Spring of 2002, and was given the option to either repay the debt monetarily, or agree to be ordered to active duty through ROTC channels based on the needs of the Army. On 25 March 2002, after he was given these options, the applicant elected to make repayment in monthly installments rather than enter active duty. At the time, a debt was established with the Defense Finance and Accounting Service (DFAS) established a debt for the cost of his educational expenses paid on his behalf, which totaled $6,280.00.
3. On 30 January 2004, the applicant was commissioned an Ensign in the United States Navy (USN) and entered active duty in that status, and on
1 February 2008, he was promoted to the rank of lieutenant.
4. During the processing of this case, an advisory opinion was obtained from the Deputy Chief of Staff (DCS), G1, 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. It further indicates the applicant was offered the option of being ordered to active duty, or repaying his ROTC scholarship debt at the time he was disenrolled from the ROTC program, and at that time, the applicant declined the offer of order to active duty and agreed to repay the debt monetarily in monthly installments. In addition, the DCS, G1 states that the applicant's USN service is not an authorized remedy for debt repayment under the terms of his ROTC contract, and his actions should not eliminate his debt to the Government.
5. On 22 July 2008, the applicant responded to the USACC advisory opinion. He stated that he thought that serving on active duty regardless of service would qualify him for debt forgiveness.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his active duty commitment with the USN should fulfill his obligation under his breached ROTC contract was carefully considered. However, the applicant's ROTC contract called for an expeditious call to active duty through ROTC channels at the needs of the Army. Nevertheless, in this case, the applicantÂ’s commissioning and active duty service commitment to the USN serves the same purpose as would have been served had he been ordered to active duty in the Army through ROTC channels.
2. The record shows that as a result of the applicantÂ’s active duty USN service, the Government is getting 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.
3. In view of the facts of this case, it would be appropriate to consider his active duty service in the USN to have met the active duty obligation required by his ROTC scholarship contract as a matter of equity.
BOARD VOTE:
___x____ ___x____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 has satisfied his ROTC scholarship debt of $6,280.00 under the original terms of the ROTC contract as result of his active duty service in the United States Navy; and that he be reimbursed any amount of the ROTC debt already collected.
_______ _x _______ ___
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.
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