PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            11 February 2000                  
	DOCKET NUMBER:   AR2000036700

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Thomas B. Redfern		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his debt of $35,151.84 be waived and that all monies garnished from his pay to satisfy his debt to the Army be returned to him.

3.  He states when he was in the process of being disenrolled from the ROTC because he was unable to maintain academic standards, he went to a Navy recruiter who assured him that he could satisfy his active service obligation by enlisting in the Navy.  Based on that assurance he enlisted in the Navy, has served his 4-year enlistment and has now reenlisted.  He believes that his enlisted service in the Navy should be considered as satisfaction of his debt to the Army.

4.  The applicant’s military records show that he entered the ROTC on 25 September 1992 with a 4-year scholarship.

5.  On 20 September 1996 the applicant was notified that he was being considered for disenrollment from the ROTC based on his failure to maintain a GPA above 2.0.  The applicant waived consideration of his case by a board of officers and requested that he be allowed to repay his scholarship in lieu of being ordered to involuntary active duty in an enlisted status.  His request was accepted and he was directed to repay $31,210.00 in scholarship funds.

6.  On 12 February 1997 he enlisted in the Regular Navy.  In conjunction with that enlistment he was given a $10,000.00 bonus.  On 10 August 1999 he immediately reenlisted for 6 years.

7.  On 18 May 1999 the applicant requested remittance of his debt as established by his disenrollment from ROTC.  His submarine commander, the submarine group commander, and the commander of the submarine force Pacific, all strongly recommended approval of his request.  However, it was determined in legal review that only the Board has the authority to remit or otherwise forgive his debt.

8.  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.  That 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.  In that form the potential cadet states that "I understand the commitment point at which I may not voluntarily withdraw from the scholarship program without penalty varies by scholarship as follows:  (1)  A four-year recipient cannot voluntarily withdraw at any time after beginning the first Military Science class of the sophomore year; MS II or the second year of the scholarship." and "If, subsequent to the commitment points listed above, I fail to abide by the terms and conditions set forth in this contract and am disenrolled, I understand that the Secretary of the Army may order me to active duty as an enlisted member, and I will serve on active duty for the periods listed below:  During MS II - 2-years; During 
MS III - 3-years; [and] During MS IV or refuse to accept commission - 4-years." and "I also understand that I do not have the option to elect monetary reimbursement in lieu of my service on Active Duty and/or duty in the Reserve Component as prescribed by the Army."  That form defines willful evasion as "...an intentional act or omission, on the part of a student, which act is designed to breach the terms of this contract or to avoid appointment or service as an officer.  The parties specifically agree that the following acts, although not all inclusive, are expressly defined as acts of "willful evasion" as that term is used within this contract.  (1) Refusal of the cadet to take steps to initiate the application for a commission at the time of the cadet's completion of the ROTC program.  (2) Refusal to accept a commission at the time it is offered to the cadet.  (3) Without having first obtained the prior written consent from the PMS, dropping ROTC from the normal course load of the cadet, reducing the course load to a level below that of a full time student, as that term is defined by this contract, dropping out of school, transferring to another institution of advanced education without the written permission of the PMS, feigning a disqualifying physical condition or deliberately concealing a disqualifying condition during the application process, failing ROTC course work while maintaining an overall grade point average adequate for degree attainment, voluntarily withdrawing from Advanced Camp, or entering the officer production program of another armed service."

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law regulations, it is concluded:

1.  The applicant was properly disenrolled from the ROTC and agreed to repay his scholarship.  There is no error or injustice in that scenario.

2.  However, it is the opinion of the Board that the applicant’s enlisted service in the Navy, while not an authorized method of repayment of an ROTC debt, should be taken into consideration.  The applicant had an option of being ordered to active duty to satisfy his ROTC debt and he has now served in excess of 4 years on active duty in the Navy.  The Board accepts the applicant’s Naval service as repayment of his scholarship debt.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  remitting the debt of the individual concerned which was incurred as a result of his disenrollment from ROTC; and

	b.  by returning to him any money he has paid to satisfy his ROTC scholarship debt.

BOARD VOTE:  

_mkp____  _gdp____  _tbr_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Margaret K. Patterson_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000036700	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000036700	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.