PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 August 2002
	DOCKET NUMBER:   AR2002070259

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Paula Mokulis		Member	
	Mr. Donald P. Hupman, Jr.		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 Reserve Officers’ Training Corps (ROTC) debt be forgiven.

3.  The applicant states, in effect, that he has returned to active duty as required by his ROTC contract.   

4.  The applicant enlisted in the Regular Army on 9 October 1996 for 4 years.  On 27 July 1999, he was released from active duty, in pay grade E-4, for the purpose of attending ROTC.  On 28 July 1999, he enlisted in the U. S. Army Reserve (ROTC Control Group).  His Army Senior ROTC Scholarship Cadet Contract, DA Form 597-3, paragraph 2h states that if he was discharged from the active Army to become a scholarship recipient that he could not voluntarily withdraw from the scholarship program after the first day of class without incurring an active duty and reimbursement obligation under this contract.  If he was a freshman in the basic course and was disenrolled from the ROTC Program for any reason, he would be ordered to active duty for the time not served on his original active duty enlistment when he was separated to accept the ROTC scholarship provided at least one year remained on his original active duty enlistment contract and he was otherwise eligible for active duty.

5.  Paragraph 12 of the applicant’s DA Form 597-3 states that if the cadet was 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.  

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.  On 13 October 1999, the applicant requested permission to officially withdraw from his college due to personal and financial reasons.  He acknowledged that withdrawal from the college could affect his ROTC benefits.  An adjusted total     of $5,763.30 in ROTC scholarship benefits was paid on his behalf in November 1999.  On 3 November 1999, disenrollment action was initiated.  On                  17 November 1999, the applicant waived his right to a hearing and declined expeditious call to active duty.  On 9 May 2000, he was disenrolled from ROTC.  On 15 May 2000, he elected to repay the total ROTC scholarship benefit owed $5,763.30, in monthly installments.  
8.  On 31 October 2001, the applicant enlisted in the Regular Army for 3 years in pay grade E-4 for enlistment option assignment of choice.  

9.  In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff G-1.  That office opined that the applicant was disenrolled from ROTC for breach of contract, he was offered the option of expeditious call to active duty or repaying the amount owed and he elected to repay the debt in monthly installments.  The debt was established at the Defense Finance and Accounting Service (DFAS) and the applicant’s only recourse was this Board.

10.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

11.  Records at DFAS – Denver Center show the applicant has made a few payments of the interest only on this debt.  

CONCLUSIONS:

1.  The applicant had 1 year, 2 months, and 11 days remaining on his original enlistment contract when he was discharged to attend ROTC in July 1999.  Although not provided for in his DA Form 597-3, his 31 October 2001 enlistment in the Regular Army served the same purpose as would have been served had he been ordered to active duty to complete his remaining obligation.  

2.  More than two years passed between the applicant’s request from withdrawal from the college and his enlistment in the Regular Army.  More than one year passed between the time he agreed to repay the ROTC scholarship benefits and his enlistment in the Regular Army.  Records at DFAS show he paid only some of the interest on this debt and none of the principal as he agreed to do.  This was a valid debt and any payment made on it to the date of this Board action will not be refunded.

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:

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 as a Regular Army enlisted soldier as a result of his 31 October 2001 enlistment.

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:  

___LLS__  __PM___  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Luther L. Santiful     _
		        CHAIRPERSON

INDEX

CASE ID	AR2002070259	
SUFFIX		
RECON		
DATE BOARDED	2002/08/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.100	
2.		
3.		
4.		
5.		
6.