PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           18 January 2001
	DOCKET NUMBER:   AR2000041383

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 the effective date of his enrollment into the Reserve Officer Training Corps (ROTC) Nonscholarship Program be changed from 3 February 2000 to 20 September 1999.

3.  The applicant states that he was informed that upon enrollment in the ROTC Nonscholarship Program he would be given subsistence pay each month.  After enrollment in the ROTC Nonscholarship Program he states that he was never told that his subsistence allowance would be deferred until his physical examination was approved by the ROTC medical board.  He states that his physical examination was scheduled by the ROTC administrative staff one month after his enrollment, he attended each medical appointment as notified, and he remained an active participant in the ROTC Program until he was medically cleared.  In support of his application he submits a copy of his Army's Senior Reserve Officers' Training Corps (SROTC) Program Contract, a letter of support from his professor of military science (PMS), and a copy of his disapproved request for exception to policy for retroactive subsistance allowance.

4.  The evidence of record shows that the applicant contracted for participation in the ROTC Nonscholarship Program at Eastern Washington University, located in Cheney, Washington on 20 September 1999.  He was not eligible to receive subsistance allowance until completion of his physical examination.  His physical examination processing started on 4 October 1999 and he received medical clearance on 8 February 2000.  Based on that clearance he was approved to receive subsistance allowance on 3 February 2000.

5.  The applicant submitted a request to the US Army Cadet Command, Fort Monroe, Virginia for an exception to policy to receive retroactive subsistence allowance on ROTC Cadet Command Form 131-9 (Cadet Action Request).  In item 13 (Battalion Commander/PMS Certification and Recommendation) of the applicant’s ROTC Cadet Command Form 131-9 his PMS stated that the delay in getting the applicant’s physical examination completed was not the applicant’s fault and recommended approval of the applicant’s request.  Also, the PMS stated that the applicant responded immediately to all scheduled appointments and provided all the information asked of him to ensure a complete and accurate package.  The request was denied on 23 March 2000, stating that subsistance allowance is only authorized on the date the cadet became fully eligible to contract, regardless of the circumstances for the delay in contracting.

6.  Army Regulation 145-1 prescribes policies and general procedures for administering the Army's Senior Reserve Officers' Training Corps Program.  Chapter 3, section 51, states, in pertinent part, that all cadets enrolled in the advanced course are entitled to the subsistence allowance authorized by law.  The allowance will start on the day the cadet starts the advanced course, which is the same as the effective date of the advanced course contract.  The subsistence allowance will continue until the cadet has met all requirements for commissioning or has been disenrolled, except as provided below or by other law, regulation or directive.  In no event will any cadet receive subsistence allowance for more than 10 months of any academic year or the actual duration of the academic year, whichever is shorter. 

7.  Chapter 3, section 51(a), of the same regulation states that a conditional cadet who participates in the advanced course pending decision by the proper authorities will not be paid subsistence allowance until found qualified for enrollment and actually enrolled.  Cadets are entitled to subsistence allowance only upon application, selection and enrollment in the advanced course.  No cadet will be paid subsistence allowance for any period that the cadet was not participating in the advanced course.

CONCLUSIONS:

1.  Regulatory guidance clearly provides that subsistance allowance will only be paid when a ROTC cadet qualifies for enrollment into the ROTC Nonscholarship Program.  The applicant was not qualified for enrollment until 4 ½ months after his enrollment into the ROTC Nonscholarship Program.

2.  The statement by the applicant’s PMS confirms that the delay in the applicant’s physical examination being completed was the fault of the Government, not the applicant.  Also, the applicant did all that was required of him to ensure the timely processing of his physical examination. 

3.  The Board notes that the delay in processing the applicant’s physical examination has unjustly denied him a benefit that he was entitled to receive.

4.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

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

a.  showing the effective date of the enrollment of the individual concerned into the ROTC Nonscholarship Program was 20 September 1999; and

b.  paying to him the ROTC subsistance allowance that this correction will necessitate.

BOARD VOTE:  

__JNS __  __MHM__  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____John N. Slone_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000041383	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010118	
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.	128.00	
2.		
3.		
4.		
5.		
6.