MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           25 June 2002
	DOCKET NUMBER:   AR2002070352

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Thomas Lanyi		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 Reserve Officers Training Corps (ROTC) scholarship debt be forgiven.

APPLICANT STATES:  In effect, that he was the victim of an injustice in that after failing ROTC Advanced Camp, he was not given a second chance to attend.  He knows of other instances where cadets who failed ROTC Advanced Camp during the summer of their junior year were given a second chance to attend.  He was never given a second chance.

The applicant submits no evidence or documents to support his request.

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

He was awarded a four-year ROTC scholarship and enrolled in the ROTC program at Alcorn State University, Lorman, Mississippi.  Currently, he has no military status. 

On 22 August 1994, he signed a DA Form 597-3, Army Senior ROTC Scholarship Cadet Contract.  

On 5 December 1994, the applicant was counseled by the professor of military science (PMS) for receiving an "F" in General Biology.  ROTC scholarship awardees must maintain a minimum cumulative grade point average of 2.0 on a 4.0 or equivalent scale.

On 20 February 1995, the applicant was counseled by an ROTC representative for taking his college studies lightly.

On 11 and 18 January 1996, the applicant was counseled by an ROTC representative for being absent from Army Physical Fitness Tests, and warned that he may breach his ROTC scholarship if he did not meet Army weight and physical readiness standards.

On 29 October 1996, the applicant was counseled by the PMS for an altercation with another cadet on 25 October 1996, while attending Ranger Challenge training.

On 11 December 1996, the applicant was counseled by an ROTC representative. It was noted that the applicant's overall performance in ROTC was fair, but his attendance in leadership lab was poor and he received an "F" in a Constitutional Law class.

On 31 October 1997, the applicant was informed that action was being initiated to disenroll him from the ROTC program due to his 1997 ROTC Advanced Camp failure, which was due to his Army Physical Fitness Test failure.

On 30 April 1998, a memorandum was sent to Defense Finance and Accounting Service, Denver Center by Cadet Command establishing a debt on behalf of the applicant.  The applicant's proposed repayment plan for recoupment of scholarship financial assistance benefits paid on his behalf was included with the memorandum.  His indebtedness was $9,317.00.

On 21 May 1998, orders were issued that discharged the applicant from the United States Army Reserve Control Group (ROTC).

As part of a scholarship enlistment in the ROTC, an individual must sign a        DA Form 597-3, which is the agreement between the Army and a ROTC cadet.  The form contains the promises made between the Army and the cadet, and includes the action the Army will take in the event the cadet fails to successfully complete the terms of the contract.  The applicant acknowledges that he will remain a full-time student until he receives his degree.  This includes completing the required ROTC classes, which may be part of or in addition to those courses, required for his degree.  The applicant also agrees that if he is disenrolled from the ROTC program for any reason or fails to accept a commission if offered he may at the discretion of the Army, be directed, in lieu of being ordered to active duty as a private for a period as specified in paragraph 8 of this contract, 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 from the commencement of the contractual agreement to the date of his disenrollment.

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 applicant accepted the ROTC scholarship and agreed that if he was disenrolled for any reason he would either serve in the Army at the rank of private or reimburse the United States the amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States.  Documents indicate the applicant chose to repay his assistance benefit.

2.  The applicant has submitted no evidence or information to show that the basis for his disenrollment was improper.  The applicant states, he was disenrolled after failing ROTC Advanced Camp and was denied the opportunity to attend a second time.  He indicated that he was aware that others who failed were given a second chance.  The applicant has provided no evidence to support his contention.  In addition, the applicant's counseling file does not support his argument that he deserved a second chance.  When the applicant failed to compete ROTC Advanced Camp, he breached his ROTC contract.

3.  The Board finds no question of fairness in the preparation or processing of the applicant’s disenrollment due to ROTC Advanced Camp failure.  Further, the Board concludes that his disenrollement from the ROTC program was proper and in accordance with regulatory requirements and there is no basis to relieve him of his ROTC indebtedness.

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 records are 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

___jns___  ___eja___  ___tl ___  DENY APPLICATION

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

INDEX

CASE ID	AR2002070352	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020625	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	104.03	
2.		
3.		
4.		
5.		
6.