MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 June 2002       
	DOCKET NUMBER:   AR2001064774

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Harry B. Oberg		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 his Reserve Officers’ Training Corps (ROTC) debt be forgiven or reduced by $17,000.

APPLICANT STATES:  In effect, that the Army disallowed him to proceed to basic training in 1996 due to a knee injury incurred in 1994.  He contends that he was held at the reception station and not permitted to attend basic training, that his injury was no problem for 18 months prior to June 1996 and that he performed all duties without complaint.  He states that even though he was granted a waiver by an orthopedic physician, he was sent home and not permitted to attend basic training.  He goes on to state that an appeal was granted nine months later and that he was placed on Leave of Absence by the Army during this period, not at his request, and that he missed the following semester of ROTC.  In order not to lose his scholarship, he had to attend another year of college to complete the ROTC requirements.  He disputes the $6902 the Army paid in 1998 for this additional year which was required because the Army placed him on Leave of Absence when he had no physical capabilities of performing his duties.  He further contends that additional loans were necessary ($4500 on his mother’s part and additional student loans on his part) to pay for the 1996 Fall-Spring 1997 year.  He states that in 1998 the Army decided that after four years of training, he did not do push ups in the form they require.  In his opinion, either they had four years and couldn’t train him properly or this is the price he paid for having Congressional letters in his file.

In support of his application, he submits a letter of explanation, dated 10 October 2001; a medical record, dated 1 June 1996; a letter to the U.S. Department of Labor, dated 29 March 1995; a letter, dated 8 January 1997, pertaining to permanent medical disqualification; a memorandum, dated 14 September 2001, pertaining to cadet action request for disenrollment; Addendum to Part I Scholarship Contractual Agreement, dated 13 April 1999; discharge orders, dated 20 September 2001, from the U.S. Army Reserve (USAR) Control Group (ROTC); and documentation of his financial obligations.   

EVIDENCE OF RECORD:  The applicant’s ROTC contract is not available.

On 22 November 1994, the applicant injured his right knee during a physical training test.  

The applicant provided a letter, dated 8 January 1997, pertaining to permanent medical disqualification.  This letter states that the applicant’s medical condition (chronic knee pain) was evaluated by the Cadet Command Surgeon and it was determined that this condition was medically disqualifying.  However, a waiver was granted for scholarship retention and appointment.  The applicant was placed on a physical fitness program to assist in his ability to pass the Army Physical Fitness Test (APFT).  This letter also indicates that the applicant must be counseled in accordance with the Cadet Command Pamphlet 145-4 and his scholarship contract that failure to meet the AFPT standard is a breach of the scholarship contract and reason for disenrollment with recoupment of the scholarship funds expended.  

On 5 March 1999, the applicant was disenrolled from the ROTC Program based on his dismissal from Advanced Camp for failure to pass the APFT.  He also received written notification that he was in breach of his 4-year Army ROTC Scholarship Contract and that under the terms of his contract the Army had the right to order him to active duty as a Private in the Army in order to fulfill his contractual obligations.

On 13 April 1999, the applicant elected to make monetary repayment of the scholarship funds received in the amount of $41,977 to avoid being ordered to active duty.

On 20 September 2001, the applicant was discharged from the USAR Control Group (ROTC) due to disenrollment and termination of ROTC scholarship.    

As part of a scholarship enlistment in the ROTC, an individual must sign a DA Form 597-3 (Army Senior Reserve Officers’ Training Corps (ROTC) scholarship Cadet Contract), 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 what action the Army will take in the event that a cadet fails to successfully complete the terms of the contract.           

Army Regulation 145-1 prescribes policies and general procedures for administering the Army’s Senior Reserve Officers’ Training Corps Program.  Paragraph 3-43 contains guidance on disenrollment, discharge, separation, transfer and leave of absence.  It states, in pertinent part, that scholarship cadets will be disenrolled from ROTC for failure to meet the same requirements of the Army Weight Control Program and the Army Physical Fitness test as required of active duty soldiers prior to the end of the last school term of the Military Science III year; or for being dismissed from advanced camp, receiving a recommendation not to receive credit for advanced camp or withdrawal from advanced camp for reasons other than breach of contract. 

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.  Contrary to the applicant’s contentions, the evidence indicates that the applicant was disenrolled from the ROTC Program based on his dismissal from Advanced Camp for failure to pass the APFT.  

2.  The Board concludes the applicant’s disenrollment was both regulatory correct and fair.
 
3.  The Board also notes that the applicant chose to repay his scholarship to avoid being ordered to active duty.  He must now honor his own decision. 

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request that his ROTC debt be forgiven or reduced by $17,000.

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

FNE____  RWA____  HBO_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001064774	
SUFFIX		
RECON		
DATE BOARDED	20020611	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.1000	
2.		
3.		
4.		
5.		
6.