IN THE CASE OF:	  

		BOARD DATE:	  	  4 December 2008

		DOCKET NUMBER:  AR20080010773 


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 in the amount of $18,300.00 be waived.

2.  The applicant states that he wanted to deploy with a local National Guard unit in support of Operation Iraqi Freedom but this was denied and he revoked his scholarship.  The outstanding debt is a concern and he recently found out that it could be terminated.  

3.  The applicant provides a copy of web orders from the U.S. Marine Corps, dated 7 January 2008; a memorandum, subject:  Disenrollment from the U.S. Army ROTC Program, dated 29 July 2005; his U.S. Army Advanced Education Financial Assistance Record; his Addendum to Part I Scholarship Contractual Agreement; his DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract); his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States); a memorandum, subject:  Scholarship Recoupment Debt - Cadet __________, __________, dated 26 August 2005; a memorandum, subject:  Disenrollment of Scholarship/Nonscholarship Cadet from ROTC - Cadet __________; his Cadet Record Brief - Active; and a supplemental letter.

CONSIDERATION OF EVIDENCE:

1.  On 26 August 2002, the applicant signed a DA Form 597-3.  Paragraph 5 states that if the cadet were disenrolled from the ROTC program for any reason, the Secretary of the Army could order him to reimburse the United States 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 from the commencement of the contractual agreement to the date of his disenrollment or refusal to accept a commission.  Or, the cadet could be ordered to active duty for not more than 4 years.

2.  Paragraph 6 of the applicant’s DA Form 579-3 states that if he were called to active duty for breach of contract 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.

3.  By memorandum dated 29 July 2005, the applicant was notified that he was disenrolled from the ROTC program due to breach of contract for failure to enroll in Military Science Class 301 for fall semester 2004.

4.  On 7 August 2005, the applicant elected to repay the debt in the amount of $18,300.00 in monthly installments, plus interest on the amount owed.

5.  In the processing of this case, an advisory opinion was obtained from the Deputy Chief of Staff, G1, United States Army Cadet Command.  The opinion stated 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.  It also stated that the applicant was offered the repayment options on 29 July 2005 after being disenrolled from the ROTC program for breach of contract.  The opinion pointed out that the applicant was aware of the option to enter active duty in repayment of his ROTC scholarship debt through Cadet Command channels.  Instead, he chose to repay in monthly installments and a debt was established with the Defense Finance and Accounting Service-Denver Center on 26 August 2005.

6.  The opinion further stated that the applicant is currently serving on active duty with the U.S. Marine Corps.  His current active duty service commitment is not the result of being ordered to active duty through ROTC channels in satisfaction of his ROTC contractual obligation.  The opinion stated that the applicant's enlisted service in the U.S. Marine Corps is not an authorized remedy for debt payment under the terms of the ROTC contract and he should be required to repay the scholarship benefits in accordance with his ROTC contract.

7.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  However, he did not respond within the allotted timeframe.

8.  The applicant was appointed as a commissioned officer in the U.S. Marine Corps on 30 March 2007.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was disenrolled from the ROTC program for breach of contract in July 2005 and he elected monetary repayment.

2.  The applicant's breach of contract occurred during military science class II which would have required him to serve 2 years of active duty service in lieu of repayment of the debt.

3.  The applicant was appointed as a commissioned officer in the U.S. Marine Corps on 30 March 2007.

4.  Although not provided for in the applicant’s DA Form 597-3, the applicant's 30 March 2007 appointment in and service on active duty with the U.S. Marine Corps serves the same purpose as would have been served had he been ordered to active duty in the Army.  He would have owed the Army 2 years had he been ordered to active duty.  As a matter of equity, it would be appropriate to consider his appointment in the U.S. Marine Corps and service on active duty to have met the active duty obligation required by his ROTC scholarship contract.

5.  However, if the applicant fails to complete the period of service obligated as a result of his ROTC scholarship either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis.

BOARD VOTE:

____x____  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  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 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 he would satisfy the service obligation under the original terms of the ROTC contract by successfully completing 2 years of service in the U.S. Marine Corps.

2.  If the applicant fails to complete the period 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.



      ________xxx_________________
       	     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)                                         AR20080010773



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ABCMR Record of Proceedings (cont)                                         AR20080010773



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