MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 April 2001                  
	DOCKET NUMBER:   AR2000045044

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. George D. Paxson		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:  In effect, that his ROTC (Reserve Officers’ Training Corps) debt be forgiven.

APPLICANT STATES:  He attended college for almost four years and “was also enrolled in ROTC for 3.5 years.”  He notes that he completed MS (military science) I, II, III, Advance Camp and part of MS IV year.  He states he “stopped attending at the end of the fall of 1996 semester….”  He states that the ROTC program was extremely aggressive and that he was unable to meet the financial obligations of his family.  As such, he notes he was placed on an administrative leave of absence from the program in August 1997 and in April 1998 was discharged “for failing to reenroll into the ROTC program.” 

In December 1998 the applicant states that he enlisted in the Regular Army for a period of three years “to pay [his] bills, pay back the Army, and support [his] family.”  The applicant contends that “the terms of repayment of [his] Army scholarship were two years of Active service or monetary repayment.”  He states that as of 2 December 2000 he will have completed two years of active duty and plans to reenlist for at least two more years.  He believes this “should fulfill [his] obligation for [his] ROTC scholarship.”  

When asked to provide additional information concerning his indebtedness and scholarship contract the applicant provided an unsigned and incomplete copy of his ROTC scholarship contract and a letter of indebtedness dated 24 February 2000.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was “placed on an administrative leave of absence” from the ROTC program effective 25 August 1997 for failing to “reenroll in a senior ROTC program as required by [his] Army ROTC contract….”  On 8 April 1998, as the applicant stated, he was discharged from the ROTC program.

On 3 December 1998 the applicant enlisted in the Regular Army for a period of three years in pay grade E-4.  On 15 December 1998 the applicant extended his enlistment contract for one month in order to meet service remaining requirements for assignment to Alaska.  

As part of a scholarship enlistment in the ROTC, an individual must sign a DA Form 597-3 (Army Senior Reserve Officers’ Training Corps (ROTC) Scholarship Cadet Contract), which is an 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.  Paragraph 7 of that contract, which the applicant did not provide as part of his application to this Board, notes in part that an individual may be disenrolled from the ROTC program for failing to complete education requirements, failing to comply with other terms and conditions of the contract, or misconduct.  Paragraph 8 states that if an individual is called to active duty for breach of contract under the provisions of paragraph 7 they will be ordered to active duty for a period of years based on the year during which the breach occurs (during MS ll – 2 years, during MS lll – 3 years, during MS IV – 4 years).  Paragraph 9 states that in lieu of being ordered to active duty for a period as specified in paragraph 8 above an individual may reimburse the United States through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States.

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.  Contrary to the applicant’s contention, the evidence indicates that the applicant withdrew from the ROTC program during the MS IV year and as such is, by contract, required to complete at least four years of active service or reimburse the entire amount of financial assistance paid by the United States.  His enlistment contract was for three years.

2.  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 record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

3.  In view of the foregoing, and in the absence of evidence that the applicant has completed or is obligated for the regulatory requirement of at least four years of active service, there is no basis for currently granting his 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

_svw___  ___jea__  ___gdp__  DENY APPLICATION

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

INDEX

CASE ID	AR2000045044	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010410	
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.	128.00	
2.		
3.		
4.		
5.		
6.