BOARD DATE:	  17 December 2013

		DOCKET NUMBER:  AR20130004435 


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:

   a.  the reference to her grade in Military Science (MS) 302 be removed from her Reserve Officers' Training Corps (ROTC) disenrollment proceedings and
   
   b.  her ROTC disenrollment proceedings be amended to show she had a severe illness at the time.

2.  The applicant states:

	a.  she was required to take another MS course to make up her grade in MS 302.  The requirements for this course were for her to attend and successfully complete MS 302 and be on track for the Leader Development Assessment Course (LDAC).  Her grade was contingent upon these requirements.  She fulfilled them successfully and her grade "C" should not have been mentioned.

	b.  the record shows she failed to maintain a certain grade point average (GPA), but does not reflect that she took a course to make up for that class and passed.  Therefore, this argument should not appear on her record at all.

	c.  the record does not mention her severe illness at the time of her departure and she believes this should have been taken into account.  Her decision to switch branches was not made based on the illness.  However, by 6 December 2005, she was so ill she could not conceivably argue her disenrollment.  She would not be able to medically qualify for LDAC.  She was so ill she could not attend classes and she received poor grades in several courses.  This includes civilian and MS courses.  She was forced to withdraw from the university at the conclusion of the fall 2005 semester due to the severity of her symptoms and the board for her hearing was aware of this.  She informed the board that her illness was so severe that she was returning to Kansas City, Missouri for further treatment and she did not see how she could stay and successfully complete another semester at the university.  However, she can find no mention of this in the copy of her hearing documents.  She has extensive documentation regarding the progression of her illness and the dates from 7 October 2005 through 
5 December 2005.   

3.  The applicant provides nine enclosures outlined in the Table of Contents page. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 26 August 2001, the applicant enlisted in the U.S. Army Reserve Control Group (ROTC) for a period of 8 years.  

3.  She provides a letter, dated 7 October 2005, from the Professor of Military Science, U.S. Army ROTC Battalion, Tuskegee Institute, AL, which states disenrollment proceedings were initiated against her for:

* failure to maintain a minimum semester GPA of 3.0 or higher in all ROTC courses (she received a "C" grade in MS 302, spring semester 2004)
* breach of contract as evidenced by her failure to enroll in MS 401, fall semester 2005 and her refusal to attend the LDAC 2005

4.  She provides Board of Officers documentation which makes reference to her "C" grade in MS 302. 

5.  As part of her disenrollment proceedings, the applicant provided a written statement.  In that statement, she stated that she was under the impression when she accepted her scholarship that she would be able to work in her field (aerospace engineering and physics) upon commissioning.  She later discovered she must achieve the rank of captain to be eligible to train for the field of aerospace.  That prompted her decision to look into other branches of the military.  She decided that the best place for her to get the most experience out of her time in the military was with the Air Force.  She currently had no wish to make the military her career.  She felt that if she remained in Army ROTC, she would end up with 4 years of great leadership experience, yet she would have no experience in aerospace engineering.

6.  On an unknown date, she was disenrolled and discharged from the ROTC program.

7.  She provides her college transcript which shows she earned a "C" in MS 302 during the spring semester 2004.

8.  She provides medical documentation, dated October 2005, which shows she was treated for vision problems and migraine headaches.

9.  There is no evidence which shows she was disenrolled from the ROTC program for a medical condition.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she was required to take another MS course to make up her grade in MS 302 was noted.  However, she still failed to maintain a GPA of 3.0 in MS 302.   

2.  The applicant's ROTC disenrollment proceedings show she was disenrolled for failure to maintain a minimum semester GPA of 3.0 or higher in all ROTC courses (she received a "C" grade in MS 302, spring semester 2004) and breach of contract as evidenced by her failure to enroll in MS 401, fall semester 2005 and her refusal to attend the LDAC 2005.  Her college transcript shows she earned a "C" grade in MS 302.  Therefore, there is no basis for granting her request to remove the reference to her grade in MS 302 from her ROTC disenrollment proceedings.

3.  Although the applicant requests her ROTC disenrollment proceedings be amended to show she had a severe illness at the time, there is no evidence which shows she was disenrolled from the program for a medical condition.  She did not mention a medical condition when she made a statement for her disenrollment proceedings.  Therefore, there is insufficient evidence on which to grant the 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)                                         AR20130004435





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ABCMR Record of Proceedings (cont)                                         AR20130004435



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