PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           15 November 2001
	DOCKET NUMBER:   AR2001057529

	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. Walter Avery		                      Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		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, in effect, the acceptance of his current service in the US Army Reserve (USAR) in lieu of repayment of his Reserve Officers Corps (ROTC) debt of approximately $6,528.50.

3.  The applicant states, in effect, that his enlistment in the USAR should erase his ROTC debt by fulfilling his military obligation.  He attended the University of Southern California (USC) because it was one of the top five ranked accounting programs.  His goal in accepting the scholarship was to serve as a commissioned officer in the USAR.  During the first semester in the ROTC scholarship program, he learned that the ROTC scholarship was not a reserve scholarship but one that would require active duty service.  This negated the whole reason he was attending USC, which was to also become an accountant.  He left the ROTC program after discussions with the Professor of Military Science.

4.  In support of his requests, he submits a copy of his USAR leave and earning statement that reflects that $531.73 was deducted for payment to a government debt, another statement that shows his debt balance as $$6,400.00, a letter from a unit administrator, and a copy of his Bachelor of Science in Accounting diploma from USC.  The letter from the applicant’s unit administrator attests that he is a member in good standing in the unit and that the unit supports his efforts to relieve himself from his past debt to the military.  In addition, he also submits copies of documents that reflect that he was lauded for being the class leader and honor graduate of the Finance Specialist Course, Class 73C-027.

5.  The applicant’s military records show that he was awarded a 2-year       ROTC scholarship and enrolled in the 2-year ROTC program at the USC on                 28 August 1997.

6.  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 the action the Army will take in the event a cadet fails to successfully complete the terms of the contract.  The applicant acknowledged that he understood and agreed that disenrollment from the ROTC program during Military Science III could result in a call to active duty for a period of 3 years or a reimbursement obligation.

7.  On 9 June 2000, the applicant enlisted in the USAR for a period of 8 years at pay grade E-4, with assignment to Headquarters, 395th Finance Battalion.

CONCLUSIONS: 

1.  The applicant argues that his enlistment in the USAR should be taken into consideration, and that the prospect of repaying a ROTC scholarship while serving in the USAR is unfair.  The evidence available and information provided by the applicant indicates that the applicant was properly disenrolled from the ROTC, agreed to repay his scholarship, and without any prior agreement regarding debt relief, enlisted in the USAR.  There is no error or injustice in that scenario.

2.  Nonetheless, it is accepted that the applicant’s enlisted service in the USAR is equivalent to being called to active duty under the terms of his ROTC contract.  Therefore, collection of his ROTC debt will be held in abeyance during the term of his service and will be remitted (with any monies already collected returned to him) provided he satisfactorily completes eight years of his enlistment.

3.  If the applicant fails to complete the period of enlisted service obligated as a result of his ROTC scholarship either voluntarily or because of misconduct, his ROTC debt would 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.  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 a USAR enlisted soldier;

	b.  suspending collection of his ROTC debt during his enlistment with the debt to be remitted upon satisfactory completion of eight years of service; 

c.  returning to him any money already collected from him; and 

	d.  showing that if he fails to complete eight years of enlisted service obligated as a result of his amended ROTC scholarship contract either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis in accordance with paragraph 12 of this DA Form 597-3.

BOARD VOTE:  

___sk __ _  ____inw __  ___kah   GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____________Stanley Kelley__________
		               CHAIRPERSON

INDEX

CASE ID	AR2001057529	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011115	
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.