BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100017243 


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 cancellation of her Reserve Officers’ Training Corps Scholarship debt or reduction of the debt by $4,500.00, the amount of tuition assistance she would have received from the National Guard had she not been under scholarship.

2.  The applicant states on 26 August 2009, the Board of Officers recommended that she did not have to repay the amount of $10,928.00 received as educational assistance as long as she completed the remainder of her Michigan Army National Guard (MIARNG) contract in good standing.  However, in May 2010 she filed her first appeal and at that time she received a copy of the board proceedings with a recommendation requiring her to repay the debt.  She notes this document was not signed by the board president.  She contends she is being ordered to repay a debt for a condition (depression) that she has never had, and the symptoms were deemed a "misnomer" by her civilian physician.  She is a well-adjusted happy person who can handle multiple activities along with family life and still function properly.  She worked hard to become an Army officer and believed she was deserving of the scholarship money.  She believes she completed the medical forms correctly and to the best of her knowledge.

3.  The applicant provides:

* the Webster definition of the word "misnomer"
* unofficial Grade Reports for Fall 2008 - Spring 2010


* a copy of Army Regulation 600-37 (Unfavorable Information)
* a Breast Cancer Walk-A-Thon Medical Treatment Waiver of Liability Release, dated 23 November 2008
* a Letter of Appreciation from Central Michigan University and Chippewa Athletics
* a DA Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers), dated 26 August 2009
* a DA Form 597-3 (Army Senior Reserve Officers' Training Corps (ROTC) Scholarship Cadet Contract)
* a Sparrow Family Medical Services, Physician statement, dated 4 August 2009
* a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 
1 August 2009
* an SF 513 (Consultation Sheet), dated 1 August 2009
* three letters of support
* a DA Form 2823 (Sworn Statement), dated 5 May 2010
* a Headquarters, U.S. Army Cadet Command (USACC) memorandum, dated 3 June 2010 
* a Michigan State University, Psychiatrist statement, dated 7 July 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the MIARNG.  Her records show she enlisted in the MIARNG for a period of 8 years on 23 March 2007.  

2.  Item 8 (Current Medications) of her DD Form 2807-1 (Report of Medical History) has the entry "none."  Further, she answered "NO" to the following questions:

	a.  Item 10d - "Have you ever had or do you now have Asthma or any breathing problems related to exercise, weather, pollens, etc";

	b.  Item 17f - "Have you ever had or do you now have depression or excessive worry"; and

	c.  Item 17g -"Have you ever been evaluated or treated for a mental condition?"

3.  On 17 April 2008, she signed an addendum to her MIARNG enlistment to participate in the ROTC program under the Simultaneous Membership Program (SMP).

4.  On 11 September 2008, she executed a DA 597-3 and agreed to receive paid scholarship benefits for a period of 2 academic years, including tuition and fees, books and laboratory expenses, and a monthly subsistence at Central Michigan University, in exchange for appointment as a Reserve of the Army officer upon successful completion of all academic, military, and other requirements of the Army ROTC program.

5.  Paragraph 3a (Disclosure of Disqualifying Conditions) states that failure to disclose any pre-existing medical or non-medical disqualifying condition, including any conditions the cadet should have known about, will subject the cadet to disenrollment from the ROTC program and possible recoupment of scholarship benefits.

6.  Paragraph 5 (Terms of Disenrollment) of her DA Form 597-3 states that if the cadet were disenrolled from the ROTC program for any reason, the Secretary of the Army could order the cadet to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as the unserved portion of active duty bears to the total period of active duty the cadet agreed to serve or was ordered to serve.

7.  On 3 June 2009, the Headquarters, USACC Command Surgeon reviewed the medical condition, asthma, and determined the applicant failed to disclose information and should be "Disqualified/Disenrolled."  Further, the Command surgeon stated that she had a long-standing diagnosis and treatment of depression.

8.  On 1 August 2009, during a routine gynecological examination, it was noted the applicant had a previous misdiagnosis of major depression versus situational depression and needed a referral to psychiatry.  It is unclear if this information was self-reported or discerned by the physician.

9.  A report of proceeding by investigating officers/board of officers found:

   a.  Diagnoses and treatment for depression since a minor;

   b.  Cadet truly believes she is not depressed and provided the board with a letter from her physician stating her original diagnosis was a "misnomer" and she more likely has seasonal affective disorder;


   c.  New medical evidence would be referred to the surgeon for review; however, if the new evidence was found insufficient to overturn the previous judgment the board findings would be she:

* entered into a valid Army Senior ROTC cadet contract
* received $10,928.00 in advanced educational assistance which constitutes a valid debt
* failed to meet the requirements of her ROTC cadet contract by failing to disclose a potentially disqualifying condition on her medical history

   d.  The board president states he "is not a medical professional; however, in my opinion, cadet [applicant] does not strike me as an individual struggling with depression.  She is very much so an energetic individual, physically fit, academically sound, and seems to socialize relatively well with others in which does not meet what I envision as a depressed individual.  I believe Cadet [applicant] might need to focus more on her goal and limit extracurricular activities in an effort to avoid self-inflicted stress due to over extension of herself."

10.  The board recommended she:

* not be retained in the ROTC as a scholarship cadet
* not be retained in the ROTC as a non-scholarship cadet
* be disenrolled from the ROTC
* be released from the ROTC contractual obligation
* not be ordered to active duty in an enlisted status for a period of four years
* be ordered to repay her debt to the government

11.  On 23 November 2009, the USACC Command Surgeon determined that the additional information submitted for reconsideration of the medical conditions, asthma and depression, made her disqualified for retention and she should be disenrolled due to her failure to disclose this information.  It was noted that records indicate she was in counseling for depression and she was treated from June through November 2005.  Further, whether she was diagnosed with depression or seasonal affective disorder, neither was disclosed at the Military Entrance Processing Station (MEPS) or later examinations.

12.  On 13 April 2010, the Commanding General (CG), USACC, ordered her disenrolled from the ROTC program in accordance with Army Regulation 145-1 (Senior Reserve Officers' Training Corps Program: Organization, Administration, and Training), paragraph 3-43a(16), due to her breach of the ROTC contract 


based on her failure to disclose a pre-existing medically disqualifying condition, depression.  He also ordered her released back to her MIARNG unit to fulfill the remainder of her military service obligation and repayment of the debt in the amount of $10,928.00.

13.  The applicant provided three letters of support recommending she stay in the ROTC program.  Also, she provides a sworn statement from her father testifying to the fact that the board's recommendation was to not have the applicant repay the debt.

14.  A letter from her civilian physician states that any diagnoses of the applicant dealing with chronic major depression would be a misnomer and that she is at a point of seasonal affective disorder due to a lack of sunlight and she has only presented symptoms of mild depression in the past.  She was treated with an antidepressant and did well in school.  Currently, the applicant is recommended to take the antidepressant only during the months from October through May.

15.  A second letter from a psychiatrist at Michigan State University assigned the applicant a diagnosis of Adjustment Disorder, unspecified; and mild depression and anxiety associated with current stressors.

16.  The available records do not show the applicant was entitled to receive $4,500.00 in tuition assistance from the ARNG.

17.  Unofficial grade reports provide by the applicant show that at the end of the Spring 2010 term she held a 3.35 grade point average (GPA).

18.  Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement.  Paragraph 2-28 states the causes for rejection for appointment, enlistment, and induction are a history of neurotic, anxiety, mood, somatoform, dissociative, or factitious disorders resulting in care by a physician or other mental health professional for more than 6 months.

19.  Army Regulation 145-1 prescribes polices and general procedures for administering the Army's Senior ROTC Program.  This regulation specifies as part of a scholarship enlistment in the ROTC, an individual must sign a DA Form 597-3, which is the agreement between the Army and a potential ROTC cadet.  The form contains the promises made between the Army and the 
potential cadet, and includes what action the Army will take in the event that a cadet fails to successfully complete the terms of the contract.  Paragraphs
3-43a (16) and 3-44b(3) specify that non-scholarship and scholarship cadets will be disenrolled for breach of contract and for termination of a 4-year scholarship.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms she was offered and accepted an Army ROTC scholarship.  In return, she agreed to accept an appointment as a USAR officer.  Additionally, she acknowledged, should she be disenrolled after becoming obligated under the terms and conditions of the ROTC contract, she agreed to serve on active duty as an enlisted Soldier, or to reimburse the Government for the entire cost of her scholarship, plus interest. 

2.  She was notified of her disenrollment due to her failure to disclose pre- existing medical conditions, asthma and depression.  She elected a hearing and she was afforded the opportunity to present matters in her own behalf.  The USACC Command Surgeon stated the applicant had a history of treatment for depression.  Further, whether her condition was diagnosed as depression or seasonal affective disorder, she failed to disclose this information during her entrance examination or any subsequent examinations.  

3.  After consideration of her case, it was determined that she entered into a valid contract and she received educational assistance, but she failed to complete the requirements of the contract.  It was also determined that the applicant be disenrolled and repay the debt in the amount of $10,928.00.

4.  A physician's statement provided by the applicant shows she was initially diagnosed with depression, received treatment and counseling for depression, but currently presents symptoms of seasonal affective disorder.  This same medical physician stated the applicant's original diagnosis was a "misnomer."  In addition, an evaluation from a university psychiatrist assigned her a current diagnosis of adjustment disorder, mild depression and anxiety.  

5.  The complete facts and circumstances which led to the applicant's medical conditions being disclosed are not available; however, it appears that she managed to fulfill the academic and military responsibilities of her contract despite said conditions.

6.  However, the evidence clearly shows she failed to identify her pre-existing condition of which she had full knowledge and understanding during her entrance 
examination by responding "NO" when asked, "Have you ever had or do you now have depression or excessive worry?"  Although, she contends she was misdiagnosed with depression, she provides medical statements which confirm she had and still has a pre-existing anxiety and mood disorder which would have required disclosure at the time of her entrance exam.

7.  In view of the foregoing, her request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  ___x____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20100017243



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ABCMR Record of Proceedings (cont)                                         AR20100017243



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