PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            6 February 2001                  
	DOCKET NUMBER:   AR2000044598

	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. Leland A. Edwards		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas Lanyi		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 he be relieved from further repayment of his Reserve Officers' Training Corps (ROTC) scholarship debt effective 23 July 1999 and that any monies paid on the debt since that date be reimbursed.

3.  The applicant states, in effect, that he signed a ROTC scholarship contract, but did not complete the terms of it.  When he was disenrolled from the ROTC program in January 1999, he was given the option to either repay the debt or enlist in the Regular Army (RA).  He chose to repay the debt.  A few months later he decided to enlist.  He is currently on active duty and is still repaying the debt.  He feels that he is unjustly repaying his ROTC obligation in two ways, financially and through military service.  

4.  In support of his request, the applicant submits a copy of his enlistment contract; orders bringing him on to active duty; DA Form 5315-R (US Army Advanced Education Financial Assistance Record); a letter from cadet command regarding his loan repayment; a memorandum submitted to the ASA (M&RA) requesting relief; and a memorandum in response to his request from the office of the ASA (M&RA). 

5.  The applicant’s military records show that he was enrolled in the 2-year ROTC program at Appalachian State University in Boone, North Carolina on 20 October 1995.  He was dismissed from the program in January 1997 for academic reasons.  On 20 August 1997, the applicant was notified that he was in breach of his ROTC scholarship contract and was afforded the opportunity to repay the cost of the scholarship financial assistance he received or join the RA.  He was provided an up-to-date total of educational assistance provided in the amount of $16,900.  The applicant began making monthly payments of $100.00 in December 1998.

6.  On 23 July 1999, the applicant enlisted in the RA for a term of three (3) years in the grade of E-4.  He is currently stationed at Fort Wainwright, Alaska.

7.  On 20 March 2000, the applicant submitted a request to the ASA (M&RA) requesting that he be released from repayment of his ROTC scholarship funds.  On 13 April 2000, he was notified that his request had been referred to the ABCMR.

8.  Army Regulation 145-1 prescribes policies and general procedures for administering the Army’s Senior ROTC Program.  The regulation mandates the completion of a contract (DA Form 597-3) which outlines requirements and penalties for breach of contract.

CONCLUSIONS:

1.  The applicant was an academic failure and was in breach of his ROTC contract.

2.  The applicant was given the option of repaying his ROTC scholarship debts or enlisting in the RA.  He opted to repay the debt.

3.  The applicant later decided to enlist in the RA and is presently serving on active duty.  He is continuing to repay his ROTC scholarship debt.

4.  Although the applicant's current dilemma is due to his inability to decide which option he should have chosen to discharge his debt, the Board finds that it is unjust and inequitable for the applicant to continue to pay his ROTC scholarship debt now that he is serving in the RA.
   
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.  Amending the applicant’s ROTC scholarship contract to show that he would satisfy the service obligation under the original terms of the ROTC contract as a Regular Army enlisted soldier.

b.  Releasing the individual concerned from any further obligation to repay his ROTC scholarship debts contingent upon his completion of his period of enlistment; and by

c.  Reimbursing the individual concerned for any monies collected from him after 23 July 1999 to satisfy his ROTC scholarship debt.

2.  If the applicant fails to complete the period of enlisted service obligated as a result of his amended ROTC scholarship contract either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis in accordance with paragraph 12 of his ROTC scholarship contract.

BOARD VOTE:  

__rvo___  __wtm___  __tl ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010206	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.