PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 August 2001
	DOCKET NUMBER:   AR2001052999

	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	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Paula Mokulis		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 that his current enlistment contract be amended to show he enlisted in the Army to erase his Reserve Officer Training Corps (ROTC) scholarship debt ($14,494.00).  

3.  The applicant states that he enlisted into the Army thinking that he would erase his ROTC debt by fulfilling his military obligation.  He states that his current enlisted contract does not show he enlisted in the Army to erase his ROTC scholarship debt.  In support of his application he submits a copy of Orders 95-25, Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, dated 4 April 2000 ordering him to active duty for 48 months, a copy of the revocation order to bring him on active duty, an addendum to his scholarship contractual agreement dated 31 March 2000 electing to serve on active duty, an addendum to his scholarship contractual agreement dated 20 September 2000 electing to pay the total amount of his ROTC scholarship debt, and a copy of memorandum notifying him of his disenrollment in the Army ROTC program.

4.  The applicant’s military records show that he enlisted in the Army on
30 March 2000 for 4 years in pay grade E-3.  He is currently assigned to Fort Carson, Colorado.

5.  Prior to his enlisting in the Army the applicant attended the University of Arkansas at Pine Bluff on a ROTC scholarship.  On 8 February 2000 the applicant was informed that he was disenrolled from the Army ROTC program based upon his withdrawal from school.  On 31 March 2000, the applicant acknowledged and requested to be ordered to active duty, rather than make a monetary repayment.

6.  Orders 95-25, Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, dated 4 April 2000, ordered the applicant to active duty for 48 months to satisfy the terms of his ROTC scholarship debt.

7.  Orders 188-7, Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, dated 6 July 2000 revoked Orders 95-25, Headquarters, U.S. Army Cadet Command, Fort Monroe, VA dated 4 April 2000 ordering the applicant to active duty.

8.  On 20 September 2000, the applicant elected repayment of his ROTC scholarship debt in the total amount instead of being ordered to active duty.

9.  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.  The 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 failed 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 III he could be called to active duty for a period of three years.

CONCLUSIONS:

1.  The applicant was properly disenrolled from the Army ROTC program and agreed to repay his scholarship.

2.  However, it is the opinion of the Board that as a matter of equity the applicant’s current service in the Army should be taken into consideration.  The applicant had an option of being ordered to active duty to satisfy his ROTC debt and is serving on active duty in the Army.  Based on equity the Board accepts the applicant’s current enlistment in the Army as an effort to satisfy the repayment of his ROTC scholarship debt.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

	a.  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 Regular Army enlisted soldier;

	b.  suspending collection of his ROTC debt during his enlistment with the debt to be remitted ( and any money already collected returned to him) upon satisfactorily completion of service; and 

	c.  showing that if he fails to complete his current term of service through 30 March 2004, the suspended collection of his debt shall be vacated and he shall owe the ROTC debt, less credit for the time served on the actual enlistment as determined by the Defense Finance and Accounting Service (DFAS) and any money he has paid on the debt.

BOARD VOTE:  

___JHK__  __TL____  __PM___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John H. Kern_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001052999	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/23	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	104.0300	
2.		
3.		
4.		
5.		
6.