MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            30 January 2001
	DOCKET NUMBER:   AR2000047529

	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. Maria C. Sanchez		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Brenda F. Hirschi		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 he be relieved of his obligation to repay his Reserve Officers’ Training Corps (ROTC) scholarship due to his reenlistment and commissioning in the United States Navy.

APPLICANT STATES:  That he is currently a commissioned officer in the Navy under the Health Professional Scholarship Program (HPSP) and will report to active duty upon his completion of medical school.  In support of his application he submits a DD Form 785, Record of Disenrollment from Officer Candidate – Type Training and a copy of his commissioning into the United States Navy.

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

On 17 June 1996 the applicant signed a DA Form 597-3, Army Senior ROTC Scholarship Cadet Contract.  

On 7 April 1999, the applicant was disenrolled for failing to meet the bodyfat standards of Army Regulation 600-9 upon reporting to ROTC Advanced Camp.

On 12 April 1999, the United States Army Cadet Command administratively reviewed the disenrollment proceedings and concluded that the evidence supported the disenrollment for breach of the scholarship contract based on his failure to meet the Army weight standards.  The applicant elected to make monetary repayment for the $8,065.00 in educational assistance received.

The applicant was commissioned as an ensign in the Navy under the HPSP on 31 January 2000 and is current attending medical school under that program.

Army Regulation 145-1, paragraph 3-43a (8) states that a cadet may be disenrolled by failure to meet the same requirements of the Army Weight Control Program (AWCP) and the Army Physical Fitness Test (APFT) as required of active duty soldiers prior to the end of the last school term of the Military 
Science III year. 

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 his DA Form 597-3, the applicant acknowledged that he must meet the same requirements of the AWCP and the APFT prior to the end of the last school term of his Military Science III year.  These then become continuous requirements, and he agreed to take whatever measures necessary to continue to meet these standards until the date he was appointed as a commissioned officer.

2.  The applicant understood that if he was disenrolled from the ROTC program for any reason, he was to reimburse the United States through repayment of any amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States Army for his advanced education from the commencement of his contractual agreement to the date of his disenrollment.

3.  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 failed to submit evidence that would satisfy this requirement.

4.  While the Board understands that the applicant was subsequently commissioned in the Navy under one of its programs, the Army expended funds that were earmarked for the purpose of obtaining the applicant’s service in return for the funds expended.  His service in the Navy is tied to a similar contractual obligation that involves his getting funds for education in return for his commitment to complete an active duty service obligation after he completes his education.  That obligation is separate from and in addition to the obligation he has to the Army.  Accordingly, the Board finds that the applicant failed to meet his contractual obligations and he has not shown how his obligation would be satisfied if the debt were cancelled or remitted.

5.  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

___ao___  ___bfh __  ___teo __  DENY APPLICATION

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

INDEX

CASE ID	AR2000047529	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/01/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 145-1, para 3-43a (8)	
DISCHARGE REASON	Failure to meet weight standards	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  293	128.1000/remission of debt	
2.  27	104.0300/ROTC	
3.		
4.		
5.		
6.