IN THE CASE OF:	  

		BOARD DATE:   	  26 August 2008

		DOCKET NUMBER:  AR20080010450 


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 election to pay his Reserve Officers' Training Corps (ROTC) debt obligation be reverted to an active duty enlistment.

2.  The applicant states that he received a 4-year Army ROTC scholarship in 1999.  In his fifth year he was disenrolled from the program for plagiarism.  The applicant states "For repayment, I was told I would have to enlist for 4-years of active duty, or pay the $70,000+debt, whichever the government decided.  I was however, allowed to submit a compassionate request for my choice due to my wife & me having our first child around that time."  He requested the monetary repayment plan.  

3.  The applicant states that in the interim he received no word on his repayment due to his paperwork being lost for 2 1/2 years.  He resubmitted the paperwork and recently received a letter from the Department of Treasury saying that his debt was in default, totaling over $90,000.00 plus interest and he needed to repay it.  He is not in the position to pay the money back as he first elected.  He wholeheartedly wants to repay his country, and the only way he sees possible is to serve on active duty.

4.  The applicant provides several Financial Aid Award Letters and Registration Billing Statements from the University of Tampa, Florida; and 26 pages of his Disenrollment Board Proceedings.



CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the U. S. Army Reserve (ROTC Control Group) on 11 December 1999.  His DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), which would have been the version dated June 1995, is not available.

3.  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."

4.  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."

5.  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)."  

6.  A DA Form 1574 (Report of Proceedings by Investigating Officer (Board of Officers)), shows the board was held on 16 July 2003 and the applicant was found to have knowingly and willingly plagiarized on a required assignment and he was further informed that the total amount of monies spent in support of his educational assistance was $67,019.00, apparently while in Military Science (MS) IV.  The board members recommended the applicant be ordered to enlisted active duty since he was unable to pay his debt to the government.  The applicant was disenrolled from ROTC on an unknown date in 2003.  Apparently he elected the option to pay the debt in monthly installments, instead of serving on active duty. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his election to repay his ROTC debt obligation should be reverted to an active duty enlistment.  The evidence of record shows that he was disenrolled from the ROTC program and apparently elected the option to reimburse his debt to the government instead of being ordered to enlisted active duty.  At that time his total debt to the government was $67,019.00.  He states since then it has increased to $90,000.00.    

2.  Since the applicant agreed to repay his debt to the government there is no reason and the applicant has not provided evidence to show why his election after disenrollment should be reverted to an active duty enlistment.  There is no basis for granting the applicant's request.  However, this does not mean that the applicant has been denied the opportunity to enlist.  He may enlist in the Army at any time subject to his qualifications and needs of the Army.

3.  If or when the applicant enlists in the Army, he may re-apply to this Board for correction of his ROTC contract to show his enlistment would satisfy his ROTC debt.  He would have to serve on active duty for 4 years for the entire debt to be satisfied by this means.  In addition, favorable consideration by this Board is not guaranteed.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  ___xx___  ___xx___  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.




      _______ xxxx_______   ___
               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)                                         AR20080010450





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ABCMR Record of Proceedings (cont)                                         AR20080010450



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