PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 February 2001                   
	DOCKET NUMBER:   AR2000045431

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Barbara J. Lutz		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 in effect, that his Reserve Officers’ Training Corps (ROTC) debt be waived.

3.  The applicant acknowledges that he did incur an ROTC debt when he was disenrolled from the ROTC program and did not serve 3 years of active duty in the U. S. Army.  However, he enlisted in the U. S. Air Force for 6 years.  He understands that the Army expended time and resources in order to train him and that the terms of his contract obligate him to repay them in cash or with enlisted service.  However, he is asking that these requirements be waived in the interests of justice and in recognition of his 6-year enlistment in the U. S. Air Force. 

4.  The applicant enlisted in the U. S. Army Reserve (ROTC Control Group) on 29 September 1997.  His Army Senior ROTC Scholarship Cadet Contract, DA Form 597-3, paragraph 7d states that if the cadet were disenrolled from the ROTC Program for any reason, the Secretary of the Army could order the cadet to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as the unserved portion of active duty bears to the total period of active duty the cadet agreed to serve or was ordered to serve.  Or, the cadet could be ordered to active duty for not more than four years.

5.  Paragraph 12 of the applicant’s DA Form 597-3 states that he understood and agreed that if he voluntarily or because of misconduct failed to begin or failed to complete any period of active duty that he may have incurred under the contract, he would be required to reimburse the United States an amount of money, plus interest, that bore the same ratio to the total cost of the financial assistance provided him as the unserved portion of such duty bore to the total period of such duty he was obligated to serve.

6.  The applicant enlisted in the U. S. Air Force Reserve on 20 November 1998.  On 4 October 1999, he was disenrolled from ROTC due to his withdrawal from the Western Oregon University in the fall of 1998.  He enlisted in the U. S. Air Force on 27 January 1999 for 6 years.

7.  On 11 April 2000, the U. S. Army Cadet Command informed the applicant that under the terms of his contract, either recoupment of educational expenses or an involuntary order to active duty in an enlisted capacity remedied his breach of contract.  Voluntary enlisted service in the Air Force was not an authorized remedy.  He was requested to elect one of the options or to apply to the Board to have his ROTC obligation modified.

CONCLUSIONS:

1.  Although not provided for in his DA Form 597-3, the applicant’s 27 January 1999 enlistment in the Regular Air Force served the same purpose as would have been served had he been ordered to active duty in the U. S. Army albeit in a different branch of service.  The Department of Defense is still getting the benefits of his service for a period of 6 years whereas his ROTC contract required only 4 years of active duty.  As a matter of equity it would be appropriate to consider his enlistment in the Regular Air Force to have met the active duty obligation required by his ROTC scholarship contract.   

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

3.  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 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 Air Force enlisted soldier.

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 DA Form 597-3.

BOARD VOTE:  

__lls___  __jea___  __bjl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Luther L. Santiful
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045431	
SUFFIX		
RECON		
DATE BOARDED	20010201	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	104.03	
2.		
3.		
4.		
5.		
6.