IN THE CASE OF:	 

		BOARD DATE:	       26 FEBRUARY 2009

		DOCKET NUMBER:  AR20080018252 


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 military records be corrected to show that he was not disenrolled from the Reserve Officers’ Training Corps (ROTC) program under the provisions of Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training), paragraphs 3-43a(12),(14), and (15).  

2.  The applicant states that he was a cadet who was disenrolled from the ROTC program at Widener University under the provisions of Army Regulation 145-1, paragraphs 3-43a(12), (14) and (15).  However, he contends that paragraph 
3-43a(14) had nothing to do with any of the reasons for his disenrollment.  He claims the former Professor of Military Science chose to include this paragraph simply for the language, yet did not bother to look beyond the surface of the provision.  He argues that this calls into question whether any of the provisions were properly applied.  He believes they were not.  The applicant points out that there was one incident in which he was reprimanded and received two negative spot reports, that his father was battling cancer during the time that all of his supposed transgressions occurred, and that he struggled to maintain his military bearing and discipline.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); an excerpt from Army Regulation 145-1; and his disenrollment letter, dated 5 September 2008, in support of his application.




CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard on 10 July 2001 for a period of 8 years.  He was ordered to active duty on 4 January 2005 in support of Operation Iraqi Freedom.  He served in Kuwait/Iraq from 27 June 2005 to 
10 June 2006 and was released from active duty on 8 July 2006.   

2.  On 4 September 2007, the applicant signed a ROTC nonscholarship cadet 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.  On 5 September 2008, the applicant was disenrolled from the ROTC program under the provisions of Army Regulation 145-1, paragraphs 3-43a(12), (14), and (15).  His disenrollment was due to his misconduct and undesirable character as demonstrated by compromising his integrity by telling a master sergeant that he was attending lab at Widener University and telling another master sergeant that he was attending lab at Pennsylvania State University; his disrespect to cadre and high ranking cadets; and an indifferent attitude and lack of interest in military training as evidenced by his frequent absences from lab and physical training.

4.  The applicant was released to his Army National Guard unit to fulfill his Military Service Obligation.  He is currently serving as a sergeant in the Army National Guard. 

5.  Paragraph 3-43a of Army Regulation 145-1 states, in pertinent part, that a nonscholarship cadet may be disenrolled by the Professor of Military Science.  

6.  Paragraph 3-43a(12) of Army Regulation 145-1 states that nonscholarship and scholarship cadets will be disenrolled for misconduct, demonstrated by disorderly or disrespectful conduct in the ROTC classroom or during training, or other misconduct that substantially interferes with the ROTC mission, including participation in unlawful demonstrations against the ROTC, illegal interference with rights of other ROTC students, or similar acts.

7.  Paragraph 3-43a(14) of Army Regulation 145-1 states that nonscholarship and scholarship cadets will be disenrolled for undesirable character demonstrated by cheating on examinations, stealing, unlawful possession, use, distribution, manufacture, sale (including attempts) of any controlled substances, as listed or defined in 21 U.S. Code 812, discreditable incidents with civil or university authorities, falsifying academic records or any forms of academic dishonesty, failure to pay just debts, or similar acts.  Such acts may also be characterized as misconduct.
8.  Paragraph 3-43a(15) of Army Regulation 145-1 states that nonscholarship and scholarship cadets will be disenrolled for indifferent attitude or lack of interest in military training as evidence by frequent absences from military science classes or drill, an established pattern of shirking, failure to successfully complete an established weight control program, or similar acts.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that paragraph 3-43a(14) of Army Regulation 145-1 had nothing to do with any of the reasons for his disenrollment, evidence of record shows that he was disenrolled from the ROTC program due to his misconduct and undesirable character as demonstrated by compromising his integrity by telling a master sergeant that he was attending lab at Widener University and telling another master sergeant that he was attending lab at Pennsylvania State University.  This behavior represents discreditable incidents with university authorities as listed in paragraph 3-43a(14) of Army Regulation 145-1.     

2.  Evidence of record also shows the reasons for the applicant's disenrollment due to his misconduct and undesirable character included disrespect to cadre and high ranking cadets and an indifferent attitude and lack of interest in military training as evidenced by his frequent absences from lab and physical training.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was improperly disenrolled from the ROTC program under the provisions of Army Regulation 145-1, paragraphs 3-43a(12), (14), or (15).  Therefore, there is no basis for granting the applicant's request. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ____X____  ___X_____  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.




      _______ _   __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)                                         AR20080018252





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ABCMR Record of Proceedings (cont)                                         AR20080018252



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