IN THE CASE OF:
BOARD DATE: 14 JULY 2009
DOCKET NUMBER: AR20090008598
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) scholarship debt in the amount of $10,510.23 be waived or that his enlistment in the Regular Army, on 20 August 2004, be accepted in lieu of the ROTC scholarship debt.
2. The applicant states, in effect, that his faulty and incomplete interview following summer camp with lieutenant colonel (LTC) M____ left him with two options: (1) enlist or (2) repay. He thought he was fulfilling the enlistment requirement when he enlisted on 20 September 2004. He states that LTC M____ never told him to wait for paperwork from the ROTC before enlisting. The follow-up paperwork from cadet command arrived while he was at basic training. This paperwork indicated that his enlistment was fraudulent and that he had to pay back his scholarship debt. He has been repaying the scholarship debt at the rate of $95.50 per month.
3. The applicant provides the following documents in support of his application:
a. Disenrollment memorandum, dated 29 October 2004;
b. Notification of initiation of disenrollment from the ROTC program, dated
16 August 2004;
c. Disenrollment memorandum, dated 16 December 2004;
d. Disenrollment memorandum, dated 26 January 2005;
e. Orders 2005-031-02, dated 31 January 2005; and
f. Financial Assistance Record.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the Regular Army in the rank of specialist.
2. On 1 February 2001, the applicant signed a DA Form 597-3. Paragraph 7 of that form states that if the cadet was 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.
3. Paragraph 8 of the applicants DA Form 597-3 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.
4. By memorandum dated 16 August 2004, the applicant was notified that he was being disenrolled from the ROTC program under the provisions of Army Regulation 145-1, paragraph 3-43(a)(8) for failure to achieve a passing score after three attempts on the Army Physical Fitness Test at Warrior Force 2004 and paragraph 3-43a(10) for being dismissed from advanced group.
5. On 18 August 2004, the applicant waived his right to a hearing by a board of officers and accepted an expeditious call to active duty. He acknowledged that he understood that this option was contingent on his eligibility for active duty.
6. The applicant enlisted in the Regular Army on 20 September 2004 for a period of 4 years and 21 weeks. His enlistment contract does not indicate he received an enlistment bonus.
7. By a memorandum dated 29 October 2004, the applicant was disenrolled from the ROTC program under the provisions of Army Regulation 145-1, paragraph 3-43a(8) and (10). His disenrollment was due to his dismissal from the Leader Development and Assessment Course for failing the Army Physical Fitness Test three times. He was advised to make an election of one of the options described on the enclosed addendum. The addendum was not completed by the applicant.
8. The applicant was discharged from the U.S. Army Reserve ROTC Control Group with his service uncharacterized in accordance with Army Regulation 135-178, paragraph 5-6b effective 29 October 2004.
DISCUSSION AND CONCLUSIONS:
1. The applicant was disenrolled from the ROTC program for breach of contract in October 2004.
2. The applicant enlisted in the Regular Army on 20 September 2004 for a period of 4 years and 21 weeks with no enlistment bonus. It appears he may have not have understood the difference between being ordered to active duty to fulfill his ROTC contractual obligation and enlisting.
3. Although not provided for in the applicants DA Form 597-3, the applicant's 20 September 2004 enlistment in the Regular Army serves the same purpose as it would have served had he been ordered to active duty in the Army. The Army is getting the benefits of his service for the period of his 4-year enlistment. He would have owed the Army 4 years had he been ordered to active duty. As a matter of equity, it would be appropriate to consider his enlistment in the Regular Army on 20 September 2004 to have met the active duty obligation required by his ROTC scholarship contract.
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 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 4 years of service in the Regular Army.
_______ _ _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.
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