IN THE CASE OF:	  

		BOARD DATE:	  11September 2012

		DOCKET NUMBER:  AR20110020282 


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 his discharge from the Reserve Officers’ Training Corps (ROTC) be changed to honorable and the narrative reason for his discharge be changed to medical reasons.  

2.  He states:

   a.  He was discharged from the U.S. Army National Guard ROTC Simultaneous Membership Program (SMP) at the University of Utah program.  He was disenrolled from this program for a breach of contract due to failure to disclose a pre-existing disqualifying medical condition.

   b.  He was dismissed against his will and his military record does not adequately reflect his service, the situation for his dismissal from the ROTC program, or his subsequent discharge from the Utah Army National Guard (UTARNG). 
   
   c.  He served honorably as an SMP cadet with every expectation of being commissioned as a U.S. Army officer.  He began to have medical issues while he was assigned to Warrior Forge, Fort Lewis, WA.  He was taken to Madigan Army Hospital and he was diagnosed and treated for generalized anxiety and panic disorder.  
   
   
   
   d.  The Professor of Military Science (PMS) told him he would not commission him and he would be disenrolled from the ROTC program.  Upon filling out the paperwork for disenrollment he requested an Article 15-6 hearing to determine if the breach of contract was valid.  He referenced the recommendations from the Article 15-6 investigation. 
   
   e.  The U.S. Army Article 15-6 investigation found the reason for his discharge to be false.  It's not his character to be dishonest or quit.  His instructors and the National Guard Unit Commander will stand behind him as they did for his Article 15-6 investigation.
   
   f.  The documents the UTARNG ROTC submitted to the Department of Military Records were not signed by him and were submitted without his review.  

3.  He provides the disenrollment proceedings from the ROTC program and his appeal.  

CONSIDERATION OF EVIDENCE:

1.  On 31 July 2007, he completed a DD Form 2807-2 (Medical Prescreen of Medical History Report).  He marked "No" for every item except item 68 (Eye Surgery) indicating he did not have nor ever had the conditions listed.  

2.  On 29 August 2007, the Department of Defense Medical Examination Review Board (DODMERB) determined the applicant was medically qualified for the ROTC scholarship program.  On his DD Form 2351 (DODMERB Report of Medical Examination), the examining physician placed a check in the "normal" block for clinical evaluation of "psychiatric."  His physical profile serial numbers were listed as 111111.

3.  The applicant enlisted in the UTARNG on 2 October 2007.  On 16 October 2007, the applicant entered into an ROTC scholarship cadet contract and participated in the SMP as a member of the ROTC program.  

4.  In Part II, paragraph 3a (Disclosure of Disqualifying Conditions) of the DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) (version dated July 2005), he acknowledge he further understood that:

"By executing this contract, I represent that I meet all eligibility criteria for contracting in the ROTC program and commissioning, as defined by statute, Army regulation, and this contract.  I represent that I have disclosed or will disclose any and all pre-existing medical conditions and non-medical conditions that would bake [sic] me ineligible for enrollment in the ROTC program as specified in statute, Army regulation (including but not limited to Army Regulation 145-1 (Senior ROTC Program) and this contract.  If I am ineligible for contracting in ROTC based on a particular medical or non-medical condition, but such ineligibility may be waived, I must obtain an approved waiver before executing this contract.  Failure to have disclosed or to disclose any disqualifying condition, including any conditions I should have known about will subject me to disenrollment from the ROTC program and possible recoupment of scholarship benefits…"

5.  The DA Form 597-3 shows the applicant acknowledged that he understood once he became obligated and he was disenrolled from the ROTC program for breach of contractual terms or any other disenrollment criteria established now or in the future by Army regulations (which include, but were not limited to, Army Regulation 145-1 incorporated herein by reference), he was subject to the terms in paragraphs 5a through 5e.  

6.  On his CC Form 167-R (U.S. Army ROTC Scholarship Acceptance/Declination Statement and PMS Validation), the PMS marked "Qualified" indicating the applicant was medically qualified for the ROTC program.  

7.  Orders 317-033, dated 13 November 2007, promoted him to sergeant (SGT)/E-5 and awarded him primary military occupational specialty (MOS) 09R2O (Simultaneous Membership), effective 16 October 2007.

8.  His Standard Form 600 (Chronological Record of Medical Care) indicates he was evaluated on 23 June 2009 for anxiety.  The clinical psychologist recommended the applicant be released from duty.  In a memorandum, dated 
23 June 2009, the clinical psychologist indicated:  

	a.  The applicant reported that he had:

        (1)  a history of panic symptoms at the present time, to include an increased heart rate, dizziness, increased respiration rate, and associated physiological anxiety trigger mechanism which appeared to be situational stress;  

        (2)  a long-standing history of ruminative worry and he had a family history of similar anxiety issues;  

        (3)  always been an anxious person and this had happened previously while on a mission for his church in Paris, France; and
        (4)  an increasing suicidal ideation over the past several days, but denied intent or plan.  He was seen in the Emergency Room at Madigan Army Medical Center and prescribed Ativan for symptoms.  

   b.  The applicant meets criteria for Anxiety Disorder, not otherwise specified.  The clinical psychologist recommended the applicant be expeditiously returned home and he should seek treatment for this issue at his permanent location.  

   c.  The applicant was briefed regarding the recommendation and he concurred.  

9.  His U.S. Army Advanced Education Financial Assistance Record (as of 25 June 2009) indicates he was paid $49,690.00 total Army ROTC Scholarship benefits.

10.  In a memorandum, dated 19 October 2009, the Cadet Command Surgeon informed the PMS of the applicant's medical conditions.  The Cadet Command Surgeon determined the applicant had generalized anxiety and panic disorder, was medically disqualified and failed to disclose his medical conditions.  The memorandum included handwritten notes by the Cadet Command Surgeon indicating the applicant's records indicate this condition predated the August 2007 DODMERB physical; therefore, failure to disclose was implicated.  

11.  On 29 October 2009 the PMS:

   a.  Informed the applicant he was disenrolled from the ROTC program under the provisions of Army Regulation 145-1, paragraph 3-43a(15) by reason of breach of contract – failure to disclose a disqualifying medical condition (generalized anxiety and panic disorder).  He was advised of his rights.  

   b.  Counseled the applicant regarding his options and the applicant signed all documents regarding his disenrollment.  
   
   c.  The applicant also signed an Acknowledgement of Cadet indicating he was acknowledging/electing:

   (1)  he read and understood the statements regarding disenrollment 
from the ROTC Program; 
   
        (2)  he understood that he was a scholarship cadet and that once the appropriate approval authority in accordance with applicable laws and regulations terminated his scholarship it would be offered to another qualified applicant;
   (3)  to request a hearing so that he could personally appear and respond 
regarding his disenrollment and/or, if a scholarship cadet, respond to the amount or validity of the debt;

   (4)  to decline call to active duty within 60 days after completion of his 
current projected graduation date or upon withdrawal/dismissal from school, whichever occurs first; and

   (5)  to decline the expeditious call to active duty (Special Active Duty 
Provision).  

   d.  The applicant signed an Addendum to part II (Addendum of Cadet Contract) (Active Duty Option) indicating he was acknowledging if eligible he would request to be ordered to active duty in an enlisted status in fulfillment of his contractual obligation and if he was a scholarship cadet and failed to fulfill this active duty service obligation he would be subject to the terms of repayment as specified in his scholarship contract.  

12.  On 2 February 2010, a 15-6 investigation was conducted at the University of Utah.  The investigating officer (IO) recommended that the applicant not be retained in the ROTC as a cadet of any kind.  The IO stated the applicant's medical condition was not conducive to the duties required of an officer or enlisted person in the U.S. Army.  The IO recommended that the applicant be released from his contractual obligation.  He should not be ordered to active duty in an enlisted status because his medical condition could jeopardize other Soldiers.  Based on the IO’s findings the applicant was never professionally treated for or diagnosed with an anxiety or like condition prior to the Leadership Development and Assessment Course and could be deemed to be pre-existing.  The IO stated the applicant should not be ordered to repay the scholarship benefits he received.  Additionally, the recommendation was that the applicant be barred from further enlistment or participation in future military service.  

13.  In a memorandum, dated 18 May 2010, the applicant was informed he was disenrolled from the ROTC program under the provisions of Army Regulation 145-1 (Senior ROTC Program:  Organization, Administration, and Training), paragraph 3-43a(16), July 1996.  The memorandum cited the applicant's disenrollment was due to breach of contract based on failure to disclose a 
pre-existing disqualifying medical conditions, generalized anxiety and panic disorder.  The applicant was informed he was returned to his ARNG unit in the grade he held prior to entering the ROTC program to fulfill his military service obligation.  In addition to being released to his ARNG unit, when the ROTC scholarship contract was breached, any obligation to the Army would be satisfied by repaying the cost of advanced educational assistance provided by the Army.  The total amount of monies spent in support of his education was $49,690.00.  He was also advised to elect one of the options on the enclosed addendum and return it to the Commander, U.S. Army Cadet Command within 14 days of the receipt of this memorandum.  

14.  In a memorandum, dated 10 June 2010, the applicant submitted a request to the U.S. Army Cadet Command for continuance regarding his disenrollment from the ROTC program and repayment of advanced educational assistance indebtedness.  

15.  Orders 165-005, dated 14 June 2010, reduced him from SGT/E-5 to private first class/E-3, withdrew MOS 09R2O, and awarded him MOS 09R1O.

16.  On 30 June 2010, the applicant submitted an appeal to dispute the Cadet Command's ruling that he failed to disclose a pre-existing medical condition and subsequent indebtedness to the U.S. Army for educational assistance that he received through the ROTC program.    

17.  He was discharged from the UTARNG and as a Reserve of the Army on 20 July 2010 under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 6-35b(5), by reason of disenrollment from the Senior ROTC or an ROTC scholarship program.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) indicates he was not available for signature on this discharge document.  

18.  Army Regulation 145-1 prescribes policies and general procedures for administering the Army's Senior ROTC Program.  Paragraph 3-43a(5) states that non-scholarship and scholarship cadets will be disenrolled for a medical disqualification (to include pregnancy if complications exist) when determined and approved by Headquarters, ROTC Cadet Command, or higher authority.  A medical condition that precludes appointment will be cause for disenrollment.

19.  Cadet Command Pamphlet 145-4 (Enrollment, Retention, and Disenrollment Criteria, Policy, and Procedures), dated 1 September 1994, states the PMS will submit a request for determination/waiver on medically disqualified cadets to Headquarters, Cadet Command.  If the Cadet Command Surgeon determines that the cadet is medically disqualified and not eligible for waiver and there is no failure to disclose, the cadet will be processed for disenrollment.  Cadets disenrolled for medical disqualification will not be ordered to active duty or recommended for recoupment.


20.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  Paragraph 
1-5b states ROTC cadets are not eligible for processing under this regulation. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was discharged from the ROTC program against his will is acknowledged.  However, the facts of this case show the applicant's separation from the ROTC program was accomplished in accordance with applicable law and regulation and that his rights were fully protected throughout the separation process.

2.  The applicant was disenrolled from the ROTC program for breach of contract on 18 May 2010.  Therefore, a debt was incurred.  

3.  He contends he began to have medical issues while he was assigned to Warrior Forge at Fort Lewis, WA, that he was taken to Madigan Army Hospital, and he was diagnosed and treated for generalized anxiety and panic disorder.  However, during his evaluation by a clinical psychologist in June 2009, he reported:  

* he had a history of panic symptoms 
* he had a long-standing history of ruminative worry and he had a family history of similar anxiety issues
* he had always been an anxious person, and that this had happened previously while on a mission for his church in Paris, France

4.  The evidence of record shows that when the applicant signed his ROTC scholarship cadet contract, he acknowledged he had disclosed and would disclose any and all pre-existing medical conditions and non-medical conditions that would make him ineligible for enrollment in the ROTC program.  His service record is void of evidence which indicates he disclosed any medical conditions regarding anxiety or panic disorder.  

5.  The Article 15-6 investigation did not determine the reason for his discharge to be false.  The investigating officer recommended that the applicant not be retained in the ROTC program as a cadet and indicated that his medical condition was not conducive to the duties required of an officer or enlisted person in the U.S. Army.  


6.  The applicant's service record indicates he was not available to sign his NGB Form 22 at the time of his discharge.  There is no evidence that any other documents were submitted to the Department of Military Records by the UTARNG ROTC that were not signed or reviewed by the applicant.  

7.  After a careful review of all of the evidence there is no error or injustice in this case to warrant changing the applicant's narrative reason for his discharge.

8.  In accordance with Army Regulation 635-40, ROTC cadets are not eligible for processing through medical channels under this regulation.

9.  He has not presented sufficient evidence to show his discharge was in error or unjust or that the narrative reason for his discharge should be changed from to a medical discharge.  

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)                                         AR20110020282



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ABCMR Record of Proceedings (cont)                                         AR20110020282



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