MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             25 January 2001                   
	DOCKET NUMBER:     AR2000044467

	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:

	Ms. June Hajjar		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Lester Echols		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 his Reserve Officer Training Corps (ROTC) debt be forgiven.

APPLICANT STATES: Through a letter authored by his father he states that he came to realize that trying to become a mechanical engineer, meeting the requirements of the ROTC program and the bible study requirements at a Christian college were overwhelming.  It all proved too much and he failed the pushup event at ROTC Advanced Camp.  After being dismissed, he was discouraged and with much contemplation, he decided it might be best to drop out of the ROTC program and concentrate on engineering despite the fact that Professor of Military Science wanted him to stay in the ROTC program.

EVIDENCE OF RECORD: The applicant's military records (ROTC cadet records) were not initially provided to the Board.  The following information was derived from a conversation with a staff member at ROTC Cadet Command and a copy of the applicant’s Cadet Record Brief, they provided.

In 1995 the applicant was awarded a four-year ROTC scholarship.  He enrolled at Oklahoma Christian University in the engineering degree program, but participated in the University of Central Oklahoma’s ROTC program.

As a Military Science (MS) III student he attended the 1998 ROTC Advanced Camp during the summer between his junior and senior year.  While at camp the applicant was unable to pass the push-up event of the Army Physical Fitness Test (APFT).  The applicant was dismissed from the camp for APFT failure.

The applicant was counseled concerning his pending disenrollment.  At that time the applicant requested a board of officers be appointed to review his case and declined an expeditious call to active duty.

The board of officers convened 6 December 1998 and recommended that the applicant be disenrolled based on violation of contract for failure to meet APFT standards. The applicant was offered the opportunity to remain in the program as a nonscholarship student, elect a repayment option or elect active duty.  The applicant indicated repayment.

On 11 December 1999 a letter was sent from ROTC Cadet Command to the applicant to coordinate debt repayment.  The letter had a suspense for reply of 3 January 2000.

On 14 February 2000 when no reply was received from the applicant a debt was established.  The applicant subsequently requested a waiver of the debt.  The waiver was denied and the debt reestablished.

On 17 February 2000 the applicant was officially disenrolled from the ROTC program.

As part of a scholarship enlistment in the ROTC, an individual must sign a Department of the Army (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

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 Board is sympathetic to the applicant, but finds no legitimate reason or question of fairness to approve a forgiveness of his ROTC debt.  The applicant’s refusal to enroll in ROTC classes can only be viewed as an evasion of his scholarship contract, a finding which required him to either be ordered to involuntary active duty in an enlisted status or to repay his scholarship.

3.  The Board also notes that the applicant chose to repay his scholarship to avoid being ordered to active duty.  He must now honor his own decision.

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

___jh ___  ___kah __  ___le  ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044467	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000125	
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.	104.3	
2.		
3.		
4.		
5.		
6.