PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            15 February 2001
	DOCKET NUMBER:    AR2000043971

	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, Jr.		                       Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret K. Patterson		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 remission or termination of his scholarship debt.
 
3.  The applicant states that he left the Army Reserve Officer Training Corps (ROTC) in February 1998 because of the hardship of supporting his wife and children.  If he had been able to foresee how temporary his hardship was he would never have left.  He was given a chance to enlist as an E-1, but did not feel he could support his family on that pay.  After being a civilian for a year he was able to organize his finances and wanted to serve his country, therefore he enlisted for six years in the Air Force.  He states that his records as an Army ROTC cadet and airman are unblemished.  He is now trying to set an example as a husband and father.  In support of his request he submits a supporting letter from his commander that highly recommends the Board grant the applicant’s request.

4.  The applicant’s military records are not available.  The applicant provided the documents herein.

5.  On 19 April 1999 the applicant enlisted in the Regular Air Force in pay grade E-3 for a period of six years.  He was trained as an avionics sensor maintenance repairman and received a bonus of $4000.00.  At the time of his application to this Board, he was an airman first class on active duty in the US Air Force.

6.  Starting on 8 August 1999 the applicant received letters from the Defense Finance and Accounting Service (DFAS) informing him that he had incurred a debt in the amount of $22,850.00 for failing to comply with the terms of his Army ROTC contract.

7.  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 IV he could be called to active duty for a period of 4 years.

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

1.  The applicant disenrolled from Army ROTC and incurred a debt to repay his scholarship.  There is no error or injustice in that scenario.

2.  The Board notes the applicant’s enlistment in the Air Force and his continuous active service since April 1999.  His US Air Force service would appear to satisfy his indebtedness to the Army from an equitable perspective, provided he serves a minimum of 4 years as would have been required under the terms of his Army ROTC contract.  Failure to complete 4 years should result in the Army reinstituting collection of his scholarship debt subject to prorated credit at the rate of 25 percent per year for each year he has already served on his enlistment.

3.  It is therefore, the opinion of the Board that as a matter of equity the applicant’s service in the US Air Force satisfies the terms of his Army ROTC contract.

4.  Accordingly, collection of his debt will be suspended effective upon the date of approval of these Proceedings and, at the completion of 4 years of satisfactory service in the US Air Force, the debt will be remitted and any money previously collected will be returned to him.

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

RECOMMENDATION:

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

a.  suspending further debt collection efforts as of the approval date of these Proceedings pending the individual’s completion of at least 4 years of satisfactory active duty service;

b.  showing that upon completing 4 years of satisfactory service the debt will be remitted and any monies already collected will be refunded to him;

	c.  annotating his Army ROTC contract to show that he will satisfy the original terms of the contract through service in the US Air Force;

	d.  monitoring his status to ensure he completes 4 years of continuous active duty service.  If he fails to complete 4 years of continuous active service, DFAS will initiate recoupment of the debt granting credit of 25 percent for each year served; and

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___fne __  ___mhm   ___mkp__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____________Fred N. Eichorn_______
		               CHAIRPERSON

INDEX

CASE ID	AR2000043971	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010205	
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.