RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 February 2005
      DOCKET NUMBER:  AR20050009265


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Janet Strafer                 |     |Member               |
|     |Ms. Naomi Henderson               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his Reserve Officers' Training
Corps (ROTC) debt be cancelled.

2.  The applicant stated, in a 12 October 2004 memorandum to the U. S. Army
Cadet Command, that his disenrollment due to undesirable character as
demonstrated by two driving under the influence (DUI) offenses and carrying
a concealed weapon was erroneous and unsupported by factual evidence.  The
basis for his disenrollment was not identified in Army Regulation 145-1,
paragraph 3-43(14).  He has no civil convictions and therefore cannot be
guilty of breach of contact on the grounds of any civil misconduct.  While
enrolled in ROTC, he engaged in multiple extracurricular activities while
undertaking more than the minimum course load requirement.  He lives by the
Army Values as both a student and cadet, as a civilian or Soldier, and will
continue to do so indefinitely.

3.  The applicant provides a memorandum dated 13 September 2004; a
memorandum dated 14 January 2005; a letter dated 31 January 2005; a
memorandum dated 18 February 2005; and a letter dated 31 May 2005.

CONSIDERATION OF EVIDENCE:

1.  On 6 March 2001, the applicant signed a DA Form 597-3 (Army Senior ROTC
Scholarship Cadet Contract).  Paragraph 7d states that if the cadet were
disenrolled from the ROTC Program for any reason, the Secretary of the Army
could order him to reimburse the United States through repayment of an
amount of money, plus interest, equal to the entire amount of financial
assistance paid by the United States for his advanced education from the
commencement of the contractual agreement to the date of his disenrollment
or refusal to accept a commission.  Or, the cadet could be ordered to
active duty for not more than four years.

2.  Paragraph 12 of the applicant’s DA Form 597-3 states the cadet
understood and agreed that if he voluntarily or because of misconduct
failed to begin or failed to complete any period of active duty that he may
have incurred under the contract, he would be required to reimburse the
United States an amount of money, plus interest, that is equal to or bore
the same ratio to the total cost of the financial assistance provided him
as the unserved portion of such duty bore to the total period of such duty
he was obligated to serve.

3.  On 12 April 2002, the applicant was arrested for DUI and for failure to
carry insurance.  On13 May 2002, he pleaded "no contest" to the charge of
DUI; the other charge was dismissed by the court at State's cost.  His
sentence was deferred for one year pending payment of a fine, costs,
completion of community service, and other requirements.  On 15 April 2003,
the court found the applicant completed probation and changed his plea to
"not guilty" and ordered the matter dismissed and the record expunged.

4.  On 4 May 2003, the applicant was arrested for DUI and for carrying a
concealed weapon.  On 26 August 2003, the State moved to reduce the DUI
charge to reckless driving and to dismiss the charge of carrying a
concealed weapon.  The court sustained the State's motion and ordered the
charge of carrying a concealed weapon to be dismissed at cost to the
applicant.  The applicant entered a plea of "guilty" to the charge of
reckless driving.  Sentencing was deferred until 31 December 2003 pending
payment of a fine, costs, completion of community service, and other
requirements.  On 20 January 2004, the applicant petitioned for expungement
of the records.

5.  By memorandum dated 13 September 2004, the applicant was disenrolled
from ROTC due to "your undesirable character as demonstrated by two DUI
offenses and carrying a concealed weapon."  He was informed the total
amount of monies spent in support of his educational assistance was
$7,440.68.

6.  By memorandum dated 12 October 2004, the applicant appealed/disputed
the amount and validity of the ROTC debt and the basis of his
disenrollment.

7.  By memorandum dated 4 January 2005, an attorney advisor at the U. S.
Army Cadet Command opined that the applicant's appeal was without legal
merit.  The attorney advisor noted the applicant had waived his rights to a
hearing.

8.  On 27 May 2005, the Director of Military Personnel Management, Office
of the Deputy Chief of Staff, G-1, found the applicant's debt to be valid
and directed the applicant be ordered to repay his ROTC debt.

9.  Army Regulation 145-1 (Senior Reserve Officers' Training Corps Program:
 Organization, Administration, and Training), paragraph 3-43a(14) states
cadets will be disenrolled for undesirable character demonstrated by
cheating on examinations, stealing, unlawful possession…controlled
substances as listed…, discreditable incidents with civil or university
authorities, falsifying academic records or any forms of academic
dishonesty, failure to pay just debts, or similar acts.  Such acts may also
be characterized as misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended the basis for his disenrollment is not
identified in Army Regulation 145-1, paragraph 3-43(14) and, since he has
no civil convictions, he cannot be guilty of breach of contact on the
grounds of any civil misconduct.

2.  The regulation does not require a civil conviction before a cadet may
be disenrolled from ROTC for undesirable character.  The regulation merely
requires "discreditable incidents with civil or university authorities."
The applicant's two arrests for DUI by civil law enforcement officers, even
if one of those charges was later reduced to reckless driving by the court,
qualify as "discreditable incidents with civil authorities."  There is an
insufficient basis for granting the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __js____  __nh____  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.




                                  __William D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009265                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060216                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |128.10                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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