MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 August 2001                   
	DOCKET NUMBER:   AR2001056352

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Regan K. Smith		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 her Reserve Officer Training Corps (ROTC) debt be cancelled.

APPLICANT STATES:  That financial and personal problems hindered her performance of duties.  She became pregnant because of a terrible and unfortunate circumstance.  She requested a leave of absence due to hardship and it was granted.  In the spring of 1994, due to an economic hardship as well as a medical restriction, she was forced to withdraw from the University of North Carolina at Charlotte.  Because of these mitigating circumstances, she thought that she was relieved of her debt.  She is presently a single parent of two children and trying to get her life back on track.  Supporting evidence is as listed on the enclosure to the DD Form 149.  

EVIDENCE OF RECORD:  The applicant's ROTC contract and disenrollment paperwork is not available.  The information contained herein was obtained from alternate sources.

The applicant apparently signed an ROTC scholarship contract in 1992.  She apparently requested leave from the program in 1994 and on an unknown date was disenrolled from the program.

Both the July 1989 and the July 1992 versions of the Army Senior Reserve Officers’ Training Corps (ROTC) Scholarship Cadet Contract, DA Form 597-3,
state that the cadet understood and agreed that if he or she, for any reason, failed to complete the educational requirements contained in the contract, he or she will have breached the contract.  The cadet further understood that, as a consequence, he or she could be ordered to active duty or required to reimburse the United States an amount of money, plus interest, that was equal to the total cost of the financial assistance provided by 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.  The applicant’s ROTC records are not available.  However, the Board notes that either of the two Cadet Contracts which the applicant would have signed provided that if she failed to complete the educational requirements contained in the contract she could be required to reimburse the Government the total cost of the financial assistance provided by the Government.

2.  In the absence of the applicant’s disenrollment paperwork showing that she was given any promises that reimbursement was not required, the Board has insufficient information on which to consider granting the relief requested based upon equity.

3.  Regrettably, 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

__mkp___  __tbr___  __rks___  DENY APPLICATION

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

INDEX

CASE ID	AR2001056352	
SUFFIX		
RECON		
DATE BOARDED	20010807	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.