IN THE CASE OF:	

		BOARD DATE:	7 July 2009  

		DOCKET NUMBER:  AR20080018940 


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

2.  The applicant states, in effect, that he is currently serving in the Regular Army as an officer and intends to serve as a career officer in the U.S. Army.  He continues that he incurred an obligated service agreement as a volunteer to active duty.  He adds that after he lost his scholarship he worked hard to get his commission through means other than the ROTC.  He concludes he is asking for the forgiveness of this debt due to fact that he is planning on serving his country in the capacity of a career officer.

3.  The applicant provides three DA Forms 67-9 (Officer Evaluation Report), a DA Form 71 (Oath of Office – Military Personnel), and a DA Form 4037 (Officer Record Brief) in support of this application.

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 AR20060003500 on 28 November 2006.

2.  The applicant provides a new argument that his request should be approved based upon the fact that he is currently serving in the Regular Army as an officer and intends to serve as a career officer in the U.S. Army.  This argument was not previously reviewed by the ABCMR.  Therefore, it is considered new evidence and as such warrants consideration by the Board.

3.  After having had prior service in the U.S. Army Reserve, the applicant enlisted in the U.S. Army Reserve (ROTC Control Group) on an unknown date.  On 25 July 2000, he was disenrolled from the ROTC program for breach of contract. The additional instructions on the discharge orders indicate the breach of contract occurred during Military Science IV and that he was still responsible to reimburse the U.S. Army for any monies spent in his behalf.

4.  As stated in the previous Record of Proceedings, the applicant's DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) is not available.

5.  Paragraph 7b of the DA Form 597-3 would have stated 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.

6.  Paragraph 8 of the DA Form 597-3 would have stated that if he/she were called to active duty for breach of contract, he/she 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.

7.  Paragraph 12 of the applicant’s DA Form 597-3 would have stated that the cadet understood and agreed that if he voluntarily or because of misconduct failed to begin or failed to complete any period of active duty that he may have incurred under the contract, he would be required to reimburse the United States an amount of money, plus interest, that is equal to or bore the same ratio to the total cost of the financial assistance provided him as the unserved portion of such duty bore to the total period of such duty he was obligated to serve.

8.  On 20 May 2004, the applicant enlisted in the Army National Guard in the rank of E-4 for a period of 3 years and was ordered to active duty training (ADT) on 15 June 2004.  He was released from ADT on 29 December 2004 and transferred back to his Army National Guard unit.


9.  On 20 August 2005, the applicant was discharged from the Army National Guard and as a Reserve of the Army for appointment as a commissioned or warrant officer.  On 21 August 2005, he was appointed as a second lieutenant in the Army National Guard.

10.  On 23 March 2007, the applicant was ordered to active duty for 3 years.  On 18 April 2007, he took an oath of office as a commissioned officer in the Regular Army and is currently serving on active duty as a captain.

11.  Records at the Defense Finance and Accounting Service show the applicant's current debt balance is $16,951.89 and the debt is currently suspended.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his service as an officer in the Regular Army should fulfill his obligation under his breached ROTC contract was considered.  The applicant's ROTC contract called for an expeditious call to active duty through ROTC channels.  In this case, the applicant's service in the Regular Army serves the same purpose as would have been served had he been ordered to active duty in the U.S. Army through ROTC channels.

2.  The applicant entered active duty on 17 April 2007.  In view of the facts of this case, it would be appropriate to consider his service in the Regular Army to have met the active duty obligation required by his ROTC scholarship contract as a matter of equity.

3.  Since the breach of contract occurred during Military Science IV, if the applicant fails to complete a minimum of 4 years of active duty service as outlined in the terms of his ROTC scholarship, either voluntarily or because of misconduct, his ROTC debt will 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:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20060003500, dated 28 November 2006.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending his ROTC Scholarship Contract to reflect that his debt obligation will be satisfied upon successful completion of a minimum of 4 years of active duty service as an exception to policy; and

	b.  showing that if he fails to complete the period of active duty service obligated as a result of his amended ROTC scholarship contract, either voluntarily or because of his misconduct, his ROTC debt would be required to be recouped on a pro-rated basis in accordance with paragraph 12 of the DA Form 597-3.



      ____________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.

ABCMR Record of Proceedings (cont)                                         AR20080018940



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ABCMR Record of Proceedings (cont)                                         AR20080018940



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