IN THE CASE OF:	

		BOARD DATE:	        2 October 2008

		DOCKET NUMBER:  AR20080010880 


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, reconsideration of his earlier request that his Reserve Officers’ Training Corps (ROTC) debt be waived.

2.  The applicant states, in effect, that he has on active duty status as of 6 March 2008.

3.  The applicant provides active duty orders, dated 5 February 2008; and Defense Finance and Accounting Service (DFAS) emails.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070003301, on 4 December 2007.

2.  The applicant’s new argument and evidence will be considered by the Board.  

3.  Previously, the applicant requested that his ROTC debt be forgiven based on his medical disenrollment from the program due to mental illness and asthma.

4.  The applicant enlisted in the U. S. Army Reserve (ROTC Control Group) on 6 September 2001.  Paragraph 7 of the applicant’s DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) states that if the cadet was disenrolled from 
the ROTC program for any reason, the Secretary of the Army could order the cadet to active duty as an enlisted Soldier for a period of not more than four years; or, in lieu of being ordered to active duty, could order the cadet 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 this contractual agreement to the date of his disenrollment or refusal to accept a commission.  

5.  Paragraph 8 of the applicant’s DA Form 597-3 states that if he were called to active duty for breach of contact 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.

6.  On 5 February 2003, the applicant was placed on leave of absence in accordance with paragraph 3-43a(15) of Army Regulation 145-1 (Senior Reserve Officer’s Training Corps Program: Organization, Administration, and Training) pending his disenrollment from the ROTC program.

7.  On 27 October 2003, the U.S. Army Cadet Command notified the applicant by memorandum of the initiation of his disenrollment from the ROTC program due to dropping military science classes and quitting the program.

8.  On 25 November 2003, the applicant acknowledged receipt of the disenrollment notification.  He waived his right to a hearing; acknowledged that the amount and validity of his scholarship debt as stated in the disenrollment memorandum was correct; waived the opportunity to present matters regarding the amount or validity of his indebtedness before a board or investigating officer, and declined expeditious call to duty.

9.  On 29 March 2004, by memorandum, the Commander, 3rd Brigade, Eastern Region, Army Cadet Command, Fort Belvoir, Virginia, recommended the applicant be disenrolled from the ROTC program and repay the amount of $26,700.00 received for scholarship tuition and fees.

10.  On 10 April 2004, by memorandum, the Commander, Eastern Region, Army Cadet Command, Fort Knox, Kentucky, recommended approval of the applicant’s disenrollment from the ROTC program and repayment of the scholarship tuition and fees.  He further stated that the applicant’s withdrawal from the ROTC program represented a breach of contract, conveyed a lack of desire to become an Army officer, and indicated he was not the caliber individual sought by the Army. 

11.  On 18 June 2004, the Commander, U.S. Army Cadet Command, Fort Monroe, Virginia, notified the applicant by memorandum that he was disenrolled from the ROTC program in accordance with Army Regulation 145-1 due to breach of contract based on his withdrawal from ROTC classes for the spring semester 2003.  The memorandum also informed the applicant of his obligation to satisfy the Army through active duty in an enlisted status or repayment of the cost of educational assistance provided by the Army, valued at $26,700.00 at that time.

12.  On 8 July 2004, the applicant acknowledged receipt of the memorandum under which he was being disenrolled from the ROTC program.  He elected to promise to repay the total amount owed, $26,700.00 in monthly installments, plus interest on the amount owed, as specified in his scholarship contract.

13.  The DFAS letter informing the applicant of his indebtedness in the amount of $26,700.00 for the recoupment of education expenses paid on his behalf during his participation in the ROTC program, is not available for review in this case.  

14.  In an undated self-authored letter, the applicant stated that he had argued that he was unsuitable for Army service since the date listed on the medical report submitted by the Clinical Supervisor, Widener University Neuropsychology Assessment Center, Chester, Pennsylvania, dated 1 March 2005.  He added that he changed several psychotropic medications that had physical side effects during the time frame he was enrolled in the ROTC program and that based on this information he should have been medically discharged.  

15.  The applicant submitted a copy of his neuropsychological assessment report, dated 1 March 2005, from Widener University Neuropsychology Assessment Center.  In that report, the Clinical Supervisor conducted a psychological evaluation of the applicant on 10 February 2005 and 14 February 2005.  He summarized his findings with respect to the causes of the applicant's academic failure in 2003-2004 by stating that there was clear clinical evidence that the applicant suffered from a rapid cycling Bipolar II Disorder and was experiencing a significant exacerbation of this mood disorder during the period in question.

16.  The applicant also submitted a copy of a lengthy and detailed psychological evaluation, dated 10 February 2005, from Widener University Neuropsychology Assessment Center.  In that report, the Clinical Supervisor as well as the Post-Doctoral Fellow, presented their report as a comprehensive evaluation of the applicant's psychological functioning in connection with academic problems 


which led to his disenrollment from the ROTC program.  They further gave 
background information regarding the applicant's developmental, educational and vocational, past psychiatric, and past medical history.  The report concluded that the applicant was experiencing a mild adjustment reaction involving both anxious and dysphonic feelings.

17.  Item 7 (Have you ever had or do you now have:) on the applicant’s DD Form 2492 (Department of Defense Medical Examination Review Board Report of Medical History), dated 29 November 2007, shows he answered “No” to items 
14 (Take any medications regularly), 22 (Depression, anxiety, excessive worry, or nervousness), 23 (Any mental condition or illness), and 32 (Asthma or wheezing). 

18.  The applicant was commissioned a second lieutenant in the Army Nurse Corps and ordered to active duty on 6 March 2008 for a period of 54 months.  He is currently attending the U.S. Army Graduate Program in Anesthesia Nursing at Fort Sam Houston, Texas. 

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was disenrolled from the ROTC program due to his dropping military science classes.  He was subsequently found in breach of his ROTC contract and was, therefore, offered the opportunity to serve in an enlisted status.  The applicant chose to repay his scholarship to avoid being ordered to active duty.   

2.  In his original application to the Board, he requested that his ROTC debt be forgiven based on his medical disenrollment from the program due to mental illness and asthma.  

3.  Evidence of record shows that on 6 March 2008, the applicant entered active duty as a second lieutenant.  The evidence of record also shows that upon completing his appointment physical examination in November 2007, he failed to inform Army officials that had been taking medications regularly and that he had suffered from a mental illness.  There is no evidence to show he obtained a medical waiver prior to his appointment in the Army Nurse Corps.     

4.  In addition, it appears the applicant is now receiving an additional educational benefit by participating in the Army’s Graduate Program in Anesthesia Nursing.  The prospect of negating the applicant’s $26,700.00 ROTC debt for a free education he received from the Army, plus allowing him to receive the benefits of 


an additional Army education, is a windfall.  While the Board has no jurisdiction to 
stop the applicant’s education as a Nurse Anesthetist, that education is a legitimate factor to consider in denying equitable relief regarding the ROTC debt.

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 to amend the decision of the ABCMR set forth in Docket Number AR20070003301, dated 4 December 2007.



      _________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)                                         AR20080010880



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ABCMR Record of Proceedings (cont)                                         AR20080010880



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