PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           1 November 2001                   
	DOCKET NUMBER:   AR2001059547

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Curtis L. Greenway		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 Reserve Officers’ Training Corps (ROTC) debt be waived.

3.  The applicant states that he completed his contract for the ROTC scholarship. He has applied for active duty and is currently attending the Officer Basic Course.  He has been repaying the loan until this matter can be remedied. 

4.  The applicant enlisted in the U. S. Army Reserve (USAR) (ROTC Control Group) on 1 August 1995 and enrolled as an ROTC scholarship cadet effective 21 August 1995.  His Army Senior ROTC Scholarship Cadet Contract, DA Form 597-3, paragraph 7d states that if he were disenrolled from the ROTC Program for any reason or if he failed to accept a commission, the Secretary of the Army could order him to active duty as an enlisted soldier or, in lieu of being ordered to active duty, could require him to reimburse the United States through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States for his advanced education.

5.  Paragraphs 1f and 1g of the applicant’s DA Form 597-3 states that the applicant understood he had to maintain a minimum cumulative academic grade point average (GPA) of 2.0 on a 4.0 or equivalent scale for each semester or quarter and at least a 3.0 on a 4.0 or equivalent scale, cumulative and semester or quarter, academic GPA in all ROTC courses.  Paragraph 3 of the applicant’s DA Form 597-3 states he understood that, upon completion of all requirements for appointment, to include medical qualification, all prescribed military science courses, Advanced Camp and any other required training, he would apply for and accept an appointment, if offered, as a commissioned officer in either the USAR or the Army National Guard.  He would accept an appointment, if offered, and not resign such reserve appointment before completion of his 8-year contractual military service obligation.  He would serve a short period of active duty or active duty training if appointed in a Reserve component.  If he were not selected for extended active duty, he would complete an officer’s basic course for branch qualification.  This would be followed by service in a Reserve Component unit which has monthly unit training assemblies and an annual training period of approximately two weeks until the remainder of his contractual military service obligation was served.

6.  On 13 July 1996, the applicant passed ROTC Advanced Camp.  

7.  On 10 June 1997, the applicant was placed on a leave of absence.  On        18 October 1999, he was notified that he was disenrolled from ROTC for failing to maintain the required minimum semester or quarter cumulative academic 

GPA.  On 28 October 1999, the applicant signed an addendum to his scholarship contractual agreement promising to make repayment of the total amount owed, $5,000.00, in monthly installments, plus interest.

8.  The applicant applied for and was offered a direct appointment in the USAR.  On 19 December 2000, he executed the oath of office appointing him a second lieutenant.  He is currently assigned to a Troop Program Unit in the USAR.

CONCLUSIONS:

1.  There is no evidence of Government error or injustice in this case.  The applicant was properly disenrolled from ROTC for not maintaining the required academic GPA and he agreed to repay the total amount due plus interest. 

2.  However, his 19 December 2000 appointment as a second lieutenant in the USAR serves the same purpose as his successful completion of ROTC would have done.  The Army is still getting the benefits of his service.  As a matter of equity it would be appropriate to consider his December 2000 appointment as a commissioned officer in the USAR to have met the military service obligation required by his ROTC scholarship contract.  It would be appropriate to hold the collection of his ROTC debt in abeyance during his term of obligated service to be remitted (with any monies already collected returned to him) provided he satisfactorily completes the obligated term of his service.

3.  If the applicant fails to complete the period of obligated service as outlined in the terms 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:

1.  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 officer appointed by direct commission; and

     b.  suspending collection of his ROTC debt during his obligated service period with the debt to be remitted (and any monies already collected returned to him) upon satisfactory completion of his obligated term of service.

2.  If the applicant fails to complete the period of 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 7 of his DA Form 597-3.

BOARD VOTE:  

__wtm___  __aao___  __clg___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Walter T. Morrison
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001059547	
SUFFIX		
RECON		
DATE BOARDED	20011101	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.