MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           13 March 2001                   
	DOCKET NUMBER:   AR2000048151

	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	
	Mr. John T. Meixell		Member	
	Mr. Donald P. Hupman		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: That at the time the scholarship was awarded he was a college sophomore; seeking degrees in Management Information Systems and International Business; pursuing a certificate in Spanish, pursuing a Service Leadership Certificate (which required 300 volunteer hours) and maintaining a home for his wife and son.  On his initial visit to the ROTC building he was shocked to learn that he was expected to be present for physical training at 6:30AM.  He wondered how he was going to be on time for his 8:00AM class.  The ROTC program included in addition to the physical training: classes, weekend adventure training, and leadership responsibilities.  Initially the ROTC staff convinced him that school was always to come first, but after he signed on the dotted line, it became a different story.  He believed that his first commitment was to earn a degree and then to military service, therefore on occasion he chose to sacrifice performance in ROTC for academics.  Added pressure came when they decided that his wife would also pursue a degree and they were expecting their second child.  After competing ROTC Advanced Camp he was treated negatively because of the staff’s perception of his lack of commitment to ROTC and his expressed desire to seek a reserve officer commission.  During his senior year he received emotionally crushing comments via email, phone and in person.  He decided to disenroll from the ROTC.  He asks that the Board consider that his wife did graduate, she is a full time mom, and they have a third child.  They have a large educational debt, house payments, car payments and the everyday expenses of a family of five.  They dread the thought of what they would have to do if they have to make additional monthly payments.  In support of his request the applicant submitted copies of email sent between himself and the ROTC staff.

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

In 1995 he was awarded a 3 year ROTC scholarship, completed ROTC Advanced Camp, and was disenrolled on 29 July 1998. 

On 23 September 1998 the applicant was informed that he had a debt to the government for $27,350.00.

As part of a scholarship enlistment in the ROTC, an individual must sign a 
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.  The applicant acknowledged that he understood and agreed that if he was disenrolled from the ROTC program during Military Science IV he could be called to active duty for a period of 4 years.

From 4 March 1998 to 6 April 1998 a series of emails and one counseling statement were sent between the applicant and the ROTC staff.  The email primarily concerned the applicant missing an ROTC event and the reasons he provided for missing that event.  The applicant questioned if some of the remarks made by the staff were necessary.  He states his priorities were being a father, a student, and then a cadet. 

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.  It appears that after signing the ROTC contract the applicant made a series of personal decisions and commitments that conflicted with the legal obligation he incurred by accepting the ROTC scholarship.  The applicant knew he had signed a contract, and knew there would be consequences for leaving the program.  He still made a personal decision to improperly leave the ROTC program.  As such, the applicant has no legitimate reason for his failure to comply with the terms of his scholarship contract or avoid the incurred consequences.  Therefore, his refusal to enroll in ROTC classes can only be viewed as willful evasion of his scholarship contract. 

2.  The Board did not find the email of an emotionally crushing nature.

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 records are in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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  ____  __jtm ___  ___dph__  DENY APPLICATION

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

INDEX

CASE ID	AR2000048151	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001313	
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.		
2.		
3.		
4.		
5.		
6.