MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            7 November 2000                 
	DOCKET NUMBER:    AR2000040544

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

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr. .		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Melvin H. Meyer		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS: That he be relieved of a debt imposed by his failure to fulfill the terms of his Reserve Officers' Training Corps (ROTC) scholarship contract.  He also requests that if the Board does not grant a waiver of his debt that he be permitted to go into the US Army Reserves in order to satisfy his debt. 

APPLICANT STATES: That he is being treated for a bipolar psychiatric condition.

In support of his application, he has submitted; a letter dated 4 January 2000, that states that he was being treated for the psychiatric condition, bipolar disorder and polysubstance abuse and was receiving medications, and a statement from the Defense Accounting Service that indicates that as of 6 March 2000 the applicant’s debt was $17,417.23.

EVIDENCE OF RECORD:  The applicant's military records show:

On 7 October 1994 the applicant signed a DA Form 597-3, Army Senior ROTC Scholarship Cadet Contract.  He was enrolled in the Tuskegee University ROTC program.

On 1 February 1995 the applicant was counseled for academic deficiency.  The applicant was reminded of the requirement to maintain an academic grade point average (GPA) of 2.0 and military science GPA of 3.0 in each course.

On 7 September 1995 the applicant requested a transfer from Tuskegee to Lincoln University.  In his letter he stated that the reasons for the transfer were complex and had many elements to it. 

On 9 October 1995 the applicant failed two events of the Army Physical Fitness Test.

On 9 January 1996 the applicant was notified that he was placed on ROTC scholarship probation for his receiving a “D” in a military science course.  The applicant was warned that this was his second probation.

On 28 February 1997 the applicant was counseled concerning his pending disenrollment from the ROTC program.  The action was taken due to academic failure.  The applicant failed to maintain the required 3.0 GPA in military science for the fall semester 1996 and had an overall GPA of 1.94 (minimum 2.0 is required).

On 11 March 1997 the applicant acknowledged by authentication that he understood the disenrollment counseling and waived his rights to a hearing and declined an expeditious call to active duty.

On 9 May 1997 the US Army Cadet Command found the disenrollement proceedings pertaining to the applicant to be legally sufficient and approved the disenrollment.  The letter noted that the applicant had been offered an opportunity to repay the cost of the scholarship financial assistance received. 

On 16 June 1997 the applicant’s father sent a letter to US Army Cadet Command notifying them that the applicant was disenrolled from the ROTC program, but remained a regular student as he only needed 23 hours to graduate.  He requested information of when the applicant’s first payment was due.

On 25 August 1997, Orders 237-1 were issued discharging the applicant from the US Army Control Group ROTC effective 25 August 1997.

Army Regulation 40-501, Standards of Medical Fitness, provides, in pertinent part, that the causes for rejection are as follows:  a. Personality or behavior disorders, as evidenced by frequent encounters with law enforcement agencies, antisocial attitudes or behavior which, while not sufficient cause for administrative rejection, are tangible evidence of impaired characterological capacity to adapt to military service.  b. Personality or behavior disorders where it is evident by history, interview, or psychological testing that the degree of immaturity, instability, personality inadequacy, impulsiveness, or dependency will seriously interfere with adjustment in the Army as demonstrated by repeated inability to maintain reasonable adjustment in school, with employers and fellow workers, and other social groups.  c. Other behavior problems including but not limited to conditions such as authenticated evidence of functional enuresis or encopresis not due to an organic condition, sleepwalking, or eating disorders, that are habitual or persistent, occurring beyond age 12, or stammering or stuttering of such a degree that the individual is normally unable to express himself or herself clearly or to repeat commands.  d. Specific academic skills disorders, chronic history of academic skills disorders or perceptual defects secondary to organic or functional mental disorders that interfere with work or school after age 12. Current use of medication to improve or maintain academic skills disorders (for example, methylphenidate hydrochloride) is disqualifying.

Army Regulation 145-1, Senior ROTC Program, Disenrollment, Discharge, Separation, Transfer, and Leave of Absence, provides, in pertinent part that a scholarship cadet may be disenrolled by the Professor of Military Science for failure to maintain a minimum semester cumulative academic GPA of 2.0 on a 4.0 scale and at least a 3.0 on a 4.0 scale in all ROTC courses.

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

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the records are in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement. 

2.  The applicant has failed to make any connection between his current diagnosis of bipolar disorder, his past substance abuse and their connection to his disenrollment from the ROTC scholarship program.  The available records indicate that overall the applicant continued to make satisfactorily academic progress towards his degree completion, but did not meet the higher ROTC standard.  The Board is unable to determine that an error or injustice exists in his case and therefore must conclude that the actions taken by the Army were proper in this case.

3.  AR 40-50l states those with a personality disorder do not meet admission standards.  Therefore, the Board concludes that based on the evidence available the applicant is ineligible for admission to the armed forces.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___pdp__  ___pm  __  ____mhm  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000040182	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001107	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	104.03	
2.		
3.		
4.		
5.		
6.