IN THE CASE OF:	  

		BOARD DATE:	  25 March 2010

		DOCKET NUMBER:  AR20090016722 


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 $3,350.00 be cancelled based on his enlistment in the United States Marines Corps Reserve (USMCR).

2.  The applicant states, in effect, that when he enlisted he was told his ROTC debt would be taken care of.  As of September 2009, he completed 3 years of active service as required by the conditions of his ROTC contract. 

3.  The applicant provides the following documents in support of his 
application:  self-authored statement; Board for Correction of Military Records letter, dated 5 October 2007; Headquarters, United States Army Cadet Command (USACC) memorandum, dated 27 August 2007; Cadet Record Brief; Advanced Education Financial Assistance Record; USACC Scholarship Recoupment Debt memorandum; USACC Disenrollment memorandum, dated 
26 September 2006; Texas State Army ROTC memorandum, dated 3 June 2005; DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract); DD Form       4 (Enlistment/Reenlistment Document); DD Form 1966 (Record of Military Processing –Armed Forces of the United States); USMC letter, dated 25 May 2007; active duty orders; and a USMC Statement of Service. 

CONSIDERATION OF EVIDENCE:

1.  On 30 September 2004, the applicant entered into an Army ROTC Scholarship Cadet Contract.  He signed the contract acknowledging he understood the conditions of the contract and that he concurred with them.  He further acknowledged he understood that if he failed to complete the educational requirements of his agreement or was disenrolled from the ROTC program, the Secretary of the Army or his designee could order him to active duty as an enlisted Soldier, or in lieu of being ordered to active duty, he could be required to repay the financial assistance he received through the ROTC program, plus interest. 

2.  On 26 September 2005, the applicant was disenrolled from the ROTC program based on failure to maintain a minimum cumulative academic grade point average of 2.0 on a 4.0 scale and due to his indifferent attitude as evidenced by frequent absences form military science classes and drills.  He was given the option to either repay the debt monetarily, or agree to be ordered to active duty for 3 years through ROTC channels based on the needs of the Army. However, after being given these options, the applicant elected to decline expeditious call to active duty and failed to elect a repayment option. 

3.  On 2 November 2005, a debt was established with the Defense Finance and Accounting Service (DFAS) for the cost of the applicant's ROTC educational expenses paid on his behalf, which totaled $3,350.00. 

4.  The applicant enlisted in the USMCR on 28 September 2006, he enlisted in the USMCR for a period of 8 years, in the rank of private (PVT/E-1), with no enlistment bonus.  He was ordered to active duty as of 23 May 2007 for unit activation.  A letter, dated 25 February 2010, indicates he was currently on active duty and was stationed at Naval Air Station, Fort Worth, TX effective 15 May 2007 and his contract would end 18 June 2010.

5.  During the processing of this case, an advisory opinion was obtained from the Deputy Chief of Staff (DCS), G1, USACC.  It states that the terms of the ROTC scholarship contract require a cadet either repay his debt monetarily, or agree to be ordered to active duty through ROTC channels based on the needs of the Army.  It further indicates the applicant was offered the option of being ordered to active duty, or repaying his ROTC scholarship debt at the time he was disenrolled from the ROTC program, and at that time, the applicant declined expeditious call to active duty and failed to elect a repayment option and as a result a debt was established with the DFAS on 2 November 2005.  In addition, the DCS, G1 states the applicant's USMCR service is not an authorized remedy for debt repayment under the terms of his ROTC contract, and his actions should not eliminate his debt to the Government.  

6.  The applicant provides a Statement of Service, dated 25 February 2010, which shows he entered active duty on 15 May 2007, and that his active duty service commitment ends on 18 June 2010.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his ROTC debt should be cancelled based on his enlistment in the USMCR and completion of 3 years of active duty service has been carefully considered and found to have merit.

2.  The applicant breached his ROTC scholarship contract.  Therefore, his ROTC contract called for an expeditious call to active duty through ROTC channels based on the needs of the Army for 3 years.  Nevertheless, notwithstanding the recommendation contained in the USACC advisory opinion in this case, the Soldier’s enlistment in the USMCR and completion of more than 3 years of active service serves the same purpose as it would if he had he been ordered to active duty in the Army through ROTC channels, albeit with a different branch of service.  Therefore, the applicant’s USMCR 8 year enlistment and his active duty service commitment through 14 May 2010 will result in him completing 3 years of active service.  

3.  In view of the facts of this case, it would be appropriate to consider his enlistment in the USMCR and the 3 years of active service he will complete as of 14 May 2010 to have met the active duty obligation required by his ROTC scholarship contract as a matter of equity.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 will have satisfied his ROTC scholarship debt in the amount of $3,350.00 under the original terms of the ROTC contract as result of his active duty service in the USMCR through
14 May 2010; and that the individual may be reimbursed any amount of the ROTC debt already collected.  

2.  If for any reason the applicant does not serve on active duty through 14 May 2010, and fails to complete 3 years of active duty service, the scholarship debt will not be considered to have been satisfied and any reimbursement already made will be recouped based on a prorated basis.  




      _______ _   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)                                         AR20090016722



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ABCMR Record of Proceedings (cont)                                         AR20090016722



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