PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           02 August 2001                  
	DOCKET NUMBER:  AR2001054329

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. John P. Infante 		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 the remainder of the debt he incurred due to his disenrollment from Reserve Officers Training Corps (ROTC) be remitted.

3.  The applicant states that the ROTC class schedule directly conflicted with his nursing courses.  He tried unsuccessfully to rectify the situation by talking to both ROTC and nursing school faculty.  He has now completed college, has accepted a commission in the Navy and is serving on active duty in the Navy.

4.  The applicant’s military records show that he enlisted as a scholarship cadet in the ROTC Advanced Course on 29 August 1995. 

5.  In an undated memorandum the Professor of Military Science (PMS) notified the applicant of his intent to recommend his disenrollment from the ROTC based on his withdrawal from ROTC classes for the spring 1999 semester and his failure to attend the spring 1999 Field Training Exercise (FTX).

6.  On 7 April 1999 he submitted a request to be disenrolled from ROTC, waived his right to a disenrollment hearing, and declined expeditious call to active duty.

7.  The PMS’s recommendation was then approved and the applicant was disenrolled from the ROTC effective 6 October 1999 with the understanding that he would be required to repay his ROTC scholarship.

8.  The applicant graduated with a bachelor of science in nursing on 13 May 2000, was commissioned in the Navy on 2 October 2000, received his certificate as a registered nurse on 18 October 2000, and entered on active duty in the Navy with a 4-year active duty service obligation on 28 October 2000.

CONCLUSIONS:

1.  The Board is unable to verify the applicant’s contention that he was disenrolled from the ROTC due to conflicts between ROTC classes and nursing classes.

2.  However, while the Army gave the applicant a scholarship in return for his service in the Army after graduation, the military is currently deriving a benefit from that scholarship via his service in the Navy.  As a matter of equity it would be appropriate to consider the applicant’s service in the U.S. Navy as fulfillment of the active duty obligation required by his ROTC scholarship contract.

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

4.  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.  correcting the Army ROTC scholarship contract of the individual concerned to show that he can satisfy his active duty service obligation under the original terms of the contract as a commissioned officer in the U.S. Navy;

	b.  suspending further collection of his ROTC indebtedness until such time as he completes his active service obligation with the U.S. Navy.  At that time his indebtedness will be remitted and any monies already collected will be returned to him; and

	c.  recouping from him his ROTC debt, on a pro-rata basis in accordance with paragraph 12 of his DA Form 597-3, if he fails to complete the period of active duty service obligation incurred as a result of his amended ROTC scholarship contract, whether the failure is voluntary or due to his misconduct.

BOARD VOTE:  

__rjw ___  ____bje _  ___jpi ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Raymond J. Wagner__
		        CHAIRPERSON

INDEX

CASE ID	AR2001054329	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010802	
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.	128.10	
2.		
3.		
4.		
5.		
6.