MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 December 2002
	DOCKET NUMBER:   AR2002068607

	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	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Karen Y. Fletcher		Member	
	Mr. Bernard P. Ingold		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:  In effect, that his debt for not completing the requirements of a Reserve Officer Training Corps (ROTC) scholarship be reduced based on active duty service he has subsequently performed as a member of the Army National Guard (ARNG).  

APPLICANT STATES:  In effect, that he incurred a debt of $29,240.00 due to a breach of contract while in an ROTC status.  He was given the following three options for repayment:  full amount in one payment; a monthly payment plan; or to enlist in the Regular Army for three years in an enlisted status.  He chose the monthly payment option.  Since beginning the repayment of his debt, he was mobilized and entered active duty with the Georgia ARNG and deployed to Bosnia-Herzegovina, where he served from 3 December 2000 through 
15 October 2001.  In support of his application, he provides a copy of the orders ordering his active duty and the separation document (DD Form 214) issued to him upon the completion of his active duty deployment.  

EVIDENCE OF RECORD:  The applicant's military records show:

He served on active duty in the Regular Army in an enlisted status for 2 years, 
9 months, and 11 days, between 28 October 1994 and 8 August 1997.  He was released from active duty (REFRAD) at this time for the purpose of entering an officer training program.  

On 16 July 1997, the applicant’s unit commander was notified, in a memorandum from the United States Army Cadet Command, that the applicant’s selection for an ROTC scholarship commencing in the fall of 1997 was confirmed and that discharge processing could be initiated.  

The specific facts and circumstances concerning the applicant’s ROTC scholarship contracting or his breach of that contract, which led to his debt are not on file in the record.  Further, the applicant failed to provide the specific documents relating to the options he was presented upon his release from his ROTC scholarship.  

Subsequent to his release from the ROTC scholarship program, the applicant enlisted in the Georgia ARNG in an enlisted status.  Orders Number 309-021, dated 4 November 2000, issued by the Office of the Adjutant General, Atlanta, Georgia, ordered the applicant to active duty on 3 February 2000, for the purpose of mobilization and deployment to Bosnia.  

On 15 October 2001, the applicant was released from active duty and returned to his ARNG unit.  The separation document issued to him for this period of active duty service confirms that he served on active duty for 8 months and 13 days and that he served in Bosnia from 15 March through 28 September 2001.  

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 Board notes the applicant’s contention that his ROTC scholarship debt should be reduced based on his subsequent active duty service in Bosnia.  However, it finds insufficient evidence to support this claim.  

2.  The evidence of record confirms that the applicant was accepted into an ROTC scholarship program and that he failed to satisfy the contractual requirements of this program.  The specific facts and circumstances pertaining to his breach of contract and the options given him at the time are not on file in his records.  However, by his own admission, he was given the option to enter active duty in an enlisted status at the time, but instead chose to repay the debt on a monthly basis.  Thus, lacking evidence to the contrary, the Board presumes government regularity in the applicant’s breach of contract processing, the validity of the debt he incurred as a result, and the debt repayment plan he voluntarily selected at that time. 

3.  In the opinion of the Board, the active duty option was available to the applicant at the time of his breach of contract processing.  There is no evidence that any commitment was made to him at the time that suggested that any future active duty service he performed would reduce his debt.  Therefore, the Board concludes the subsequent active duty service performed by the applicant while serving in the ARNG has no bearing on the debt in question and does not provide a basis for debt reduction at this time. 

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.
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

__RWA__  __KYF___  __BPI__  DENY APPLICATION

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

INDEX

CASE ID	AR2002068607	
SUFFIX		
RECON		
DATE BOARDED	2002/12/12	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1026	112.1200	
2.		
3.		
4.		
5.		
6.