IN THE CASE OF:
BOARD DATE: 2 November 2010
DOCKET NUMBER: AR20100011318
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 termination of her Reserve Officers' Training Corps (ROTC) scholarship debt.
2. The applicant states after disenrolling from the U.S. Army ROTC program, she successfully completed the U.S. Navy (USN) ROTC scholarship program and served on active duty for four years. She states she received an honorable discharge on 30 May 2008, upon completion of her Reserve obligation. She now requests her USN active duty service be accepted in lieu of recoupment of her Army ROTC debt.
3. The applicant provides the following documents:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* NAVCRUIT 1000/20 (Officer Appointment Acceptance and Oath of Office)
* Naval Medical Center, San Diego, CA memorandum, Subject: Notification of Previous Employment ICO LTJG (applicant's name and social security number)
* Statement of Service, dated 17 November 2003
* Defense Finance and Accounting Service (DFAS) ROTC debt information paper
* DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated 29 August 1995
* U.S. Army Cadet Command (USACC), Fort Lewis, WA memorandum, Subject: Repayment of Scholarship Funds, dated 31 July 1998
* DFAS, Denver, CO letter to the applicant, dated 31 August 2000
CONSIDERATION OF EVIDENCE:
1. The applicant entered into an ROTC contract on 29 August 1995. By signing the contract, she acknowledged her understanding of the conditions of the contract and that she concurred with them.
2. At the time the applicant entered into her ROTC contract, she further acknowledged her understanding that if she failed to complete the educational requirements of her agreement or she was disenrolled from the ROTC program, the Secretary of the Army or his designee could order her to active duty as an enlisted Soldier; or in lieu of being ordered to active duty, she could be required to repay financial assistance she received through the ROTC program, plus interest.
3. On 31 July 1998, the USACC notified the applicant it had been determined she voluntarily breeched her ROTC scholarship contract when she failed to enroll in military science. It further notified the applicant that under the terms of her ROTC scholarship contract, she could be ordered to active duty as a private (PV1)/E-1; however, she was being provided the option to repay the cost of the scholarship financial assistance she received in lieu of the Army exercising its right to order her to active duty. She was advised the total amount of her debt was $32,815.00.
4. On 12 May 2000, the applicant completed the Navy ROTC program. She was appointed an Ensign/O-1 in the USN and she entered active duty in that status. She served for 4 years and 20 days until 31 May 2004, at which time she was honorably released from active duty and she was transferred to the USN Reserve to complete her military service obligation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her active duty service in the USN should fulfill her obligation under her breached ROTC contract was carefully considered. The applicant's ROTC contract called for an expeditious call to active duty in an enlisted status through ROTC channels at the needs of the Army. Nevertheless, in this case, the applicants commissioning and active duty service in the USN serve the same purpose as would have been served had she been ordered to active duty in the Army through ROTC channels.
2. The record shows that as a result of the applicants active duty USN service, the Government received the benefits of her service for the same period she would have served had she been ordered to active duty as a result of breaching her ROTC contract.
3. In view of the facts of this case, it would be appropriate to consider her active duty service in the USN to have met the active duty obligation required by her ROTC scholarship contract as a matter of equity.
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 her ROTC scholarship contract to show that she has satisfied her ROTC scholarship debt of $32,815.00 under the original terms of the ROTC contract as a result of her active duty service in the U.S. Navy and 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) AR20100011318
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ABCMR Record of Proceedings (cont) AR20100011318
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