IN THE CASE OF:	  

		BOARD DATE:	  22 October 2009

		DOCKET NUMBER:  AR20090012587 


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 that her Reserve Officers' Training Corps (ROTC) scholarship debt be waived or forgiven. 

2.  The applicant states she was told that repayment of her ROTC scholarship would be waived if she completed 3 years of active duty service.  She was commissioned as a U.S. Army Reserve (USAR) officer.  She then became a Regular Army (RA) nurse and completed 3 years of active duty on 26 March 2009.

3.  The applicant provides, in support of her request, a copy of her DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, section 1552), dated 22 January 2007, that was administratively closed under Docket Number AR20070001081.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) shows she enrolled as a scholarship student at the University of Pennsylvania on 22 August 1993.  Paragraph 7d stated that if she disenrolled from the ROTC Program for any reason or if she failed to accept a commission, the Secretary of the Army could order her to active duty as an enlisted Soldier or, in lieu of being ordered to active duty, could require her 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 her advanced 
education.  Her contract specified that, if she disenrolled from ROTC she would be required to serve on active duty for the number of years equal to the scholarship year in which she disenrolled.

2.  After twice changing schools, the applicant was disenrolled from ROTC at the Colorado School of Mines.

3.  On 2 August 1998, the applicant signed an Addendum to Part 1 Scholarship Contractual Agreement wherein she agreed to repay the total amount of $30,828.50 in monthly installments for a period not to exceed 3 years.  This Addendum informed her that a declination to make monetary repayment could result in her being ordered to active duty as a Private (E-1) for 3 years in fulfillment of her obligation.

4.  She was appointed an Army Nurse Corps (ANC) first lieutenant in the USAR, on 29 April 2005, assigned to a Troop Program Unit (TPU) in Seagoville, TX.  The 90th Regional Readiness Command reassigned her to a different TPU, on
3 November 2005.

5.  On 23 March 2006, the applicant accepted an appointment as an RA first lieutenant.  She completed the Army Medical Department (AMEDD) Officer Basic Course on 10 June 2006.  A DA Form 5074-1-R shows that the applicant had received a Bachelor of Science in Nursing from Regis University [Denver, CO] in May 1999.  She was credited with 2 years and 8 months of entry grade credit based on her professional nursing experience.

6.  On 24 May 2007, the staff of the Board administratively closed the applicant's original request to accept her active duty service to satisfy her ROTC scholarship debt.  It was suggested that she ask the Defense Finance and Accounting Service (DFAS) to suspend payments and the accrual of interest and that she reapply to this Board after she completed 3 years of active duty.  

7.  Army Regulation 145-1 (Senior Reserve Officers' Training Corps Program:  Organization, Administration, and Training), paragraph 3–44 (Discharge and separation from the USAR) states, in pertinent part, that cadets called to active duty for breach of their ROTC contract will serve periods of active duty as specified in their contract. 

8.  During the processing of the original case an advisory opinion was obtained from Headquarters, Cadet Command.  The Deputy Chief of Staff, G1 opined that, since the applicant's position on active duty is not the result of her being ordered 
to active duty by through ROTC channels, she is in violation of her contract and that this voluntary active duty service should not be used to satisfy or reduce her debt.

9.  The applicant responded that at that time she "was a 22 year-old college student undergoing a difficult pregnancy with a husband deployed to Egypt."  She observed that the Army funded a significant portion of her education in return for a commitment to serve as a nurse on active duty.  She believes she is fulfilling the spirit of that contract.  She also observed that the ROTC Cadet Command seems more concerned with getting credit for her being on active duty than in any question of fairness.
      
DISCUSSION AND CONCLUSIONS:

1.  The applicant states she was told that repayment of her ROTC scholarship would be waived if she completed 3 years of active duty service.  She was commissioned a USAR officer.  She then became an RA nurse and she completed 3 years of active duty on 26 March 2009.

2.  When the applicant was disenrolled from ROTC she elected to repay her debt rather than accept active duty in lieu of repaying that debt.

3.  Had the applicant accepted active duty in lieu of repaying her ROTC debt, she would have been obligated to serve 3 years of active duty.  Her March 2006 acceptance of an RA commission in the ANC carried with it an indefinite active duty obligation.  She has already served over 3 years on active duty.

4.  The applicant’s active duty serves a more valuable purpose than had she been ordered to active duty immediately after disenrolling from ROTC.  It also serves the same purpose that was intended by affording her the ROTC scholarship; except, in this case the Army benefits by starting with a more experienced nurse.  

5.  In view of the facts of the case and as a matter of equity, it would be appropriate to consider the total of her active duty service as having met the 
3-year active duty obligation required by her ROTC scholarship contract and any reimbursement she has already paid should be refunded.






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:

	a.  amending the applicant's ROTC scholarship contract to show that she would satisfy the service obligation under the original terms of the ROTC contract as a Regular Army officer; and

   b.  that she be reimbursed any amount of the ROTC debt already collected.



      __________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)                                         AR20090012587



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ABCMR Record of Proceedings (cont)                                         AR20090012587



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