PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           12 December 2000
	DOCKET NUMBER:   2000041189

	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	
	Mr. Walter Avery		Anysist	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Harry B. Oberg		Member	
	Ms. Lana E. McGlynn		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 to the Army be waived.

3.  He states that he enlisted into the Army thinking that he would erase his Reserve Officer Training Corps (ROTC) debt by fulfilling his military obligation.

4.  The applicant’s military records show that on 28 February 2000 the applicant, a Military Science III level cadet, was informed that he was disenrolled from the Army ROTC program based on his withdrawal from school.  The applicant acknowledged and promised 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 $5,952.50 in scholarship funds.

5.  On 20 March 2000 he enlisted in the Regular Army for a period of 4-years at pay grade E-3 to be trained as a trombone player.  The applicant has graduated from the Army school of music and is currently stationed in Korea.

6.  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.  The applicant acknowledged that he understood and agreed that if he was disenrolled from the ROTC program during Military Science III he could be called to active duty for a period of three years.

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.  The Board notes the applicant’s enrollment of March 2000 and continuous service since that time equates to less than one year or less than one third of the three-year obligation left on his contract.  Applicant would appear to satisfy the debt from an equitable perspective if he serves the minimum of three years of his four-year enlistment.  His failure to do so could re-activate the DOD and the Army’s active efforts to collect the scholarship debt less the prorated credit for the time served on the current enlistment.

3.  However, it is the opinion of the Board that as a matter of equity the applicant’s current service in the Army should be taken into consideration.  The applicant had an option of being ordered to active duty to satisfy his ROTC debt and is serving on active duty in the Army.  Based on equity the Board accepts the applicant’s current enlistment in the Army as tantamount to an effort to satisfy the repayment of his scholarship debt.

4.  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.  showing that the collection of the ROTC debt of the individual concerned is suspended until 19 March 2003;

	b.  showing that if he has satisfactorily completed active duty service as of 19 March 2003 the ROTC debt shall be remitted and discharged, and any funds he has paid on the debt shall be returned to him;

	c.  showing that if he fails to complete his current term of service through 19 March 2003, the suspended collection of his debt shall be vacated and he shall owe the ROTC debt, less credit for the time served on the actual enlistment as determined by the Defense Finance and Accounting Service (DFAS) and any money he has paid on the debt; and

	d.  having the US Total Army Personnel Command follow the individual’s service and coordinate with DFAS by notifying DFAS of the individual’s completion or noncompletion of his current term of service.

BOARD VOTE:  

____fne _  ___hbo__  ____lem_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____________Fred N. Eichorn_________
		               CHAIRPERSON

INDEX

CASE ID	AR2000041189	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001212	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	 	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.