MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           3 April 2001                  
	DOCKET NUMBER:  AR2000049085

	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:

	Mr. Walter T. Morrison		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Thomas F. Baxter		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 her service in the California State Parks act as time served in the armed forces or that her payments to repay her Reserve Officers Training Corps (ROTC) debt be sent to organizations that she has designated.

APPLICANT STATES: That in April 1999 she was selected to lead the invocation and benediction at a ROTC dining out ceremony.  She was ashamed when asked to lead the invocation and benediction because she feared being commanded to compromise her religious beliefs.  The establishment chosen was an all you can eat rib buffet for only $7.99.  Many of her peers appreciated the restaurant as it subsidized their consumption of mass produced plant and animal life.  While giving the invocation she was ordered to step down from the podium and was escorted outside where a major proceeded to admonish her for embarrassing him.  Never before that evening and never since has she seen such hatred and alienation.  In May 1999 the battalion commander interviewed her.  He informed her that should she remain in the ROTC program she would be required to attend weekly counseling sessions.  This chain of events led to her failure to report to Advanced Camp in July 1999.  Failure to report was the only way she knew to officially leave the ROTC program.  As a result, she was indebted to the US government in the amount of $22,920.00 plus interest for her ROTC scholarship.

In support of her requests, she submits a letter from her employer verifying her employment with the California State Parks and numerous certificates awarded to her as a ROTC cadet to include a certificate of completion of airborne training.  She also submits the text of the invocation given at the dining out together with an explanation of each line.  

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

She was awarded a 3-year ROTC scholarship in 1997.

On 30 September 1999 the US Army Cadet Command directed the applicant be disenrolled from the ROTC program.  The disenrollment was based on her failure to report to Advanced Camp on 11 June 1999 resulting in a breach of contract.  Accordingly, a debt was established for collected by the Defense Finance and Accounting Service (DFAS) in the amount of $22,920.00.

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 she understood and agreed that if she was disenrolled from the ROTC program during Military Science III she could be called to active duty for a period of 3 years.  In addition that the cost of her education is for all purposes a debt owed to 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.  It appears that after signing the ROTC contract the applicant made a series of personal decisions and commitments that conflicted with the legal obligation she incurred by accepting a ROTC scholarship.  The applicant knew there would be consequences for her failure to attend ROTC Advanced Camp, which was a breach of contract.  As such, she has no legitimate reason for her failure to comply with the terms of her ROTC contract.

2.  The consequences for breaching her contract are clearly stated in the ROTC contract.  The applicant has been offered the option of repaying the debt versus serving three years as an enlisted soldier in the Army.  She has opted to repay the debt.  Nonetheless, the Board can not accept the applicant’s offer to repay the organizations she wishes inasmuch as the money she is repaying is not hers but rather a repayment of monies loaned to her by the US government.  

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

___wtm__  ___jtm __  ____tfb__  DENY APPLICATION

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

INDEX

CASE ID	AR2000049085	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010403	
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.