PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 November 2001                   
	DOCKET NUMBER:   AR2001062178

	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:

	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, that his current active duty commitment and service be accepted in lieu of repayment of his Reserve Officers’ Training Corps (ROTC) debt.

3.  The applicant makes no additional statement.

4.  The applicant enlisted in the U. S. Army Reserve (ROTC Control Group) around September 1997.  His Army Senior ROTC Scholarship Cadet Contract, DA Form 597-3, paragraph 7d states that if the cadet were disenrolled from the ROTC Program for any reason, the Secretary of the Army could order the cadet to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as the unserved portion of active duty bears to the total period of active duty the cadet agreed to serve or was ordered to serve.  In lieu or repayment, the cadet could be ordered to active duty for not more than four years.

5.  Paragraph 8 of the applicant’s DA Form 597-3 states that if he were called to active duty for breach of contract under the provisions of paragraph 7, he would be ordered to active duty for one of the periods listed, based upon the year during which the breach occurs:  Military Science II, 2 years; Military Science III, 3 years; Military Science IV, 4 years.

6.  Paragraph 12 of the applicant’s DA Form 597-3 states that he understood and agreed that if he voluntarily or because of misconduct failed to begin or failed to complete any period of active duty that he may have incurred under the contract, he would be required to reimburse the United States an amount of money, plus interest, that bore the same ratio to the total cost of the financial assistance provided him as the unserved portion of such duty bore to the total period of such duty he was obligated to serve.

7.  Paragraph 21 of the applicant’s DA For 597-3 states that the Department of the Army agreed to pay for a period of 3 academic years tuition and educational fees up to an annual amount of $16,000.00.

8.  On 6 September 2000, the U. S. Army Cadet Command informed the applicant that he was disenrolled from ROTC based on undesirable character as evidenced by discreditable incidents with civil authorities.  (Evidence in his Regular Army enlistment contract indicates he was removed from ROTC for a driving while under the influence incident.)

9.  US Army Advanced Education Financial Assistance Record, DA Form     5315-E, shows that as of 1 August 2000, $33,739.00 Army ROTC scholarship benefits were paid to the applicant.

10.  On 12 June 2001, the applicant enlisted in the Regular Army, in pay grade   E-4, for enlistment options training in military occupational specialty 92R (Parachute Rigger), airborne training, and $16,000.00 cash bonus, for 4 years.

CONCLUSIONS:

1.  Although not provided for in his DA Form 597-3, the applicant’s 12 June 2001 enlistment in the Regular Army serves the same purpose as would have been served had he been ordered to active duty in the U. S. Army.  The Department of the Army is still getting the benefits of his service for a period of 4 years.  As a matter of equity it would be appropriate to consider his enlistment in the Regular Army to have met the active duty obligation required by his ROTC scholarship contract. 

2.  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.

3.  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 amending the applicant’s ROTC scholarship contract to show that he would satisfy the service obligation under the original terms of the ROTC contract by enlisting in the Regular Army.

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

3.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__inw___  __sk____  __kah___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Irene N. Wheelwright
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001062178	
SUFFIX		
RECON		
DATE BOARDED	20011115	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.