IN THE CASE OF:	  

		BOARD DATE:  7 August 2012

		DOCKET NUMBER:  AR20110023386 


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 correction of her record to show she incurred an active duty obligation (ADO) of 3 years instead of 4 years.

2.  She states:

	a.  paragraph 2a of her DA Form 591g (Reserve Officers’ Training Corps (ROTC) Supplemental Service Agreement for Special Medical Program Participants), states "If delayed to pursue a degree in medicine I will serve on AD for a period of 3 consecutive years";

	b.  the error in item 3b (Scholarship obligation) states "4-year ADO" which is not outlined in her DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract); rather U.S. Code, Title 10, chapter 103 (Senior ROTC), section 2107 (Financial assistance program for specially selected members), paragraph (b)(5)(B) or (C) applies as she was appointed as a Reserve Commissioned Officer;

	c.  in 1997, she received a Tier 1A scholarship and in May 2001 she was commissioned in the U.S. Army Reserve (USAR) and informed she would incur a 4-year ADO following medical school, which she now believes to be incorrect based on her DA Form 591g, paragraph 2a;

	d.  she was granted an educational delay of 8 years in the Individual Ready Reserve (IRR) in order to complete her schooling at an accredited university; and 


	e.  she did not participate in the health professions scholarship program or the Uniformed Services University of the Health Sciences.

3.  The applicant provides a:

* DA Form 591 (Application for Initial (Educational) Delay from Entry on Active Duty and Supplemental Agreement), dated 7 August 2001
* DA Form 591g , dated 7 August 2001
* DA Form 597-3, dated 24 November 1997
* Copy of U.S. Code Title 10, sections 2107 and 2108 (Advanced Standing; Interruption of Training; Delay in Starting Obligated Service, Release from Program)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR as a cadet on 24 November 1997 for a period of 8 years.  Her premedical program began in September 1997 and she was scheduled to be completed by May 2001 at Johns Hopkins University.  As an ROTC scholarship cadet she executed a DA Form 597-3 and agreed to enlist for a period of 8 years in the USAR as a cadet for assignment in the USAR Control Group (ROTC) to become a member of the Army ROTC program.  This statutory obligation was established by using DD Forms 4/1 through 4/2 (Enlistment/Reenlistment Document - Armed Forced of the United States).  This contact, which included an 8-year military service obligation upon appointment as an Officer, and the enlistment contract constituted the required ROTC program agreement.

2.  Her record contains:

	a.  a DD Form 4/1, dated 24 November 1997, that shows she enlisted in the USAR for 8 years as a cadet in the USAR Control Group (ROTC);

	b.  a DA Form 71, that shows she was appointed as a Reserve Commissioned Officer in the rank of 2nd lieutenant (2LT), effective 23 May 2001; and

	c.  a DA Form 591, that shows in:

		(1)  item 6 (Currently Participating in ROTC), her scholarship program was for 4 years;


		(2)  item 10 (Delay Will Begin), her educational delay began in August 2001;

		(3)  item 11 (Delay Will End), her educational delay ended in May 2005;

		(4)  item 12 (Degree Should be Awarded), her degree should have been awarded May 2005;

		(5)  item 13 (Date Available for AD), the date she should have been available for active duty was in June 2005; and

		(6)  item 14, she agreed to the conditions shown in Part II and in the supplemental agreements in paragraphs 591g and 591e as attested to by her signature on 7 August 2001.

3.  She submitted a DA Form 591g, wherein she highlighted paragraph 2, that states having studied the above service requirements, she hereby volunteered for entry on AD when and if her services are required.  If she was in excess to the needs of the AD, she will fulfill the remainder of her statutory obligation by service satisfactory in the Ready Reserve.  She would agree to serve a period of AD as indicated below:

	a.  she highlighted paragraph 2a, that reads, if delayed to pursue a degree in medical, osteopathy, dentistry, veterinary medicine, podiatry, or optometry, she would serve on AD for a period of three (3) consecutive years; and

	b.  paragraph 3b, that is marked with an "X" and reads, "Scholarship obligation (enter 2 through 5 years) "4" (handwritten) year active duty obligation.  A period of 8 years as a commissioned officer to include a period of from 2 to 5 consecutive years of active duty based on receipt of Army scholarship assistance while participating in the ROTC program.  Upon release from active duty, I will serve the remainder of the 8-year period in the Ready Reserve."  

4.  In addition, her DA Form 591g also states in paragraph 2c, if she received Army scholarship assistance while participating in the ROTC program, she would serve on active duty for a period of from 2 to 5 consecutive years as stipulated in her ROTC contact.

5.  The applicant signed her DA Form 591g on 7 August 2001.


6.  Her record contains:
	a.  a memorandum from the U.S. Army Human Resource Command (HRC) , St. Louis, MO, Subject:  Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 12201 and 12203, dated 21 April 2009, that shows she was appointed as a captain for an indefinite term as a Medical Corps officer in the USAR.

	b.  Orders A-04-99031, issued by HRC, dated 21 April 2009, that ordered the applicant to AD with a reporting dated of 6 July 2009.

	c.  her DA Form 71, that shows she was commissioned a captain (CPT) in the Regular Army, effective 6 July 2009.

7.  She submitted an extract of Title 10, U.S. Code, section 2017 and highlighted the following:

	a.  "The Secretary of the military department concerned may appoint as a cadet or midshipman, as appropriate, in the reserve of an armed force under his/her jurisdiction any eligible member of the program who will be under 31 years of age on December 31 of the calendar year in which he/she is eligible under this section for appointment as an ensign in the Navy or as a second lieutenant in the Army, Air Force, or Marine Corps, as the case may be.

	b.  To be eligible for appointment as a cadet or midshipman under this section a member must:

		(1)  be a citizen or national of the United States;

		(2)  be specially selected for the financial assistance program under procedures prescribed by the Secretary of the military department concerned;

		(3)  enlist in the reserve component of the armed force in which he/she is appointed as a cadet or midshipman for the period prescribed by the Secretary of the military department concerned;

		(4)  contract, with the consent of his/her parent or guardian if he/she is a minor, with the Secretary of the military department concerned, or his/her designated representative, to serve for the period required by the program; and

		(5)  agree in writing that, at the discretion of the Secretary of the military department concerned, he/she will:

			(A)(i)  accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, or Marine Corps, as the case may be, and that, if he/she is commissioned as a regular officer and his/her regular commission is terminated before the sixth anniversary of his date of rank, he will accept an appointment, if offered, in the reserve component of that armed force and not resign before that anniversary or before such other date, not beyond the eighth anniversary of the midshipman’s date of rank, that the Secretary of Defense may prescribe; and

				(ii)  serve on active duty for 4 or more years;

			(B)(i)  accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, or Marine Corps, as the case may be; and

				(ii)  serve in a reserve component of that armed force until the eighth anniversary of the receipt of such appointment, unless otherwise extended by subsection (d) of section 2108 of this title, under such terms and conditions as shall be prescribed by the Secretary of the military department concerned; or

			(C)(i)  accept an appointment, if offered, as a commissioned officer in the Army, Navy, Air Force, or Marine Corps, as the case may be; and

				(ii)  serve in a reserve component of that armed force until at least the sixth anniversary and, at the discretion of the Secretary of Defense, up to the eighth anniversary of the receipt of such appointment, unless such appointment is otherwise extended by subsection (d) of section 2108 of this title, under such terms and conditions as may be prescribed by the Secretary of the military department concerned.

8.  The applicant submitted an extract of Title 10, U.S. Code, section 2108, and highlighted that a person may become, remain, or be readmitted as a member of the advanced training program after receiving a baccalaureate degree or completing pre-professional studies if he has not completed the course of military instruction or all field training or practice cruises prescribed by the Secretary of the military department concerned.  If a member of the program has been accepted for resident graduate or professional study, the Secretary of the military department concerned may delay the commencement of that member’s obligated period of active duty, and any obligated period of active duty for training or other service in an active or inactive status in a reserve component, until the member has completed that study.  If a cadet appointed under section 2107a of this title has been accepted for a course of study at an accredited civilian educational 


institution authorized to grant baccalaureate degrees, the Secretary of the Army may delay the beginning of that member’s obligated period of service in a reserve component until the member has completed such course of study.

9.  During the processing of this case, on 14 February 2012, an advisory opinion was obtained from HRC.  The advisory official states the applicant's petition to the ABCMR to change her initial ADO from 4 years to 3 years must be denied.  She was appointed to the RA as a Medical Corps officer and ordered to AD to fill a 4-year contractual, statutory ADO she incurred for participation in the ROTC program as a scholarship recipient.  Although she attended medical school and graduate medical school in an educational delay status, the previously-incurred ROTC 4-year contractual, statutory ADO was neither extinguished nor reduced.

10.  The advisory opinion further states that in the ROTC agreement she expressly acknowledged her previously-incurred 4-year ROTC ADO and further agreed to serve it upon completion of her educational delay, special medical program in accordance with DA Form 591g, paragraph 2c and 3b.  The 3-year ADO cited in the ROTC agreement that she relies upon denotes only the minimum ADO an officer pursing a degree in medicine must serve in the absence of any previously incurred contractual obligation.

11.  On 16 February 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  On 22 February 2012, she replied by email stating she did not have any further comments.

12.  Army Regulation 135-101 states that the initial tour of AD is 3 years unless the individual has incurred a contractual obligation to serve an initial tour of active duty for a period of other than 3 years.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her ADO should be 3 years instead of 4 years was carefully considered.

2.  Evidence of record clearly shows she incurred and agreed to serve a 4-year active duty obligation as a result of having been awarded an ROTC scholarship notwithstanding her educational delay status.

3.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.



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)                                         AR20110023386



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110023386



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1