MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:             26 June 2003                  
	DOCKET NUMBER:    AR2003085077

	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. Walter T. Morrison		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Lawrence Foster		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 Officer Training Corps (ROTC) scholarship debt be cancelled. 

APPLICANT STATES:  In effect, that he was awarded a Green to Gold scholarship that provided funds to pay for his tuition and books, in addition to providing a monthly stipend.  He claims that unlike other scholarships, he was required to work for the money that was provided to him every month.  He claims that he had to be present every morning at 0630 hours for physical training, he had to be there one weekend a month for drill, and he was required to take an ROTC class.  He states that in his opinion this money was not a scholarship, because the burden was on him to complete regular non-school related tasks.  

The applicant provides a run down of what he believes the performance of these tasks would have translated to in monetary compensation had he been receiving a minimum wage compensation for them.  He further states that this monetary breakdown does not include the fact that he had to pay for the ROTC class that was not required for his degree.  Finally, he states that he was involuntarily removed from the program and did not voluntarily withdraw, which further supports his request.  

The applicant also states that he understands that he had a contract with the Army and if he did not fulfill the requirements of the contract, he would be required to repay the scholarship money he received or go into the Army for a period of two years.  However, he is currently serving in the United States Army Reserve (USAR) in a commissioned officer status.  He concludes that if the work he was required to perform while a member of the ROTC is not sufficient justification for his not repaying this money, the fact he is currently serving in the Army should support relief of this debt.  

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

He served on active duty in the Regular Army in an enlisted status for 5 years, 
11 months, and 13 days, between 10 October 1989 and 22 September 1995.  At that time, he was released from active duty (REFRAD) for the purpose of entering an officer training program (ROTC).  

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.  

The record contains a Memorandum, dated 12 June 1998, Subject: Disenrollment from Advanced ROTC Program.  The memorandum was addressed to the applicant from the Professor of Military Science, Columbus State University, Columbus, Georgia.  It served as the applicant’s official notification that he had been disenrolled from the Advanced ROTC Program, effective 21 May 1998, under the provisions of paragraph 3-43a(15&16), Army Regulation 145-1.  The basis for the action was the applicant’s indifferent attitude or lack of interest in military training, as evidenced by his frequent absences from military science classes and drill; and his breach of contract by intentionally absenting himself from all his classes, physical training, a leadership lab, and a Field Training Exercise (FTX) over a five day period, and remaining gone even after being told to return by a cadre member   The applicant was advised that he was being transferred to the USAR .  

Army Regulation 145-1 prescribes policies and general procedures for administering the Army's Senior Reserve Officers' Training Corps (SROTC) Program.  Paragraph 43 provides the policy for the disenrollment of scholarship and non-scholarship cadets.  It states, in pertinent part, the cadets will be disenrolled for indifferent attitude or lack of interest in military training as evidenced by frequent absences from military science classes or drill, an established pattern of shirking, failure to successfully complete an established weight control program, or similar acts; and/or for breach of contract, which is defined as any act, performance or nonperformance on the part of a student that breaches the terms of the contract regardless of whether the act, performance or nonperformance was done with specific intent to breach the contract or whether the student knew that the act, performance or nonperformance breaches the 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.  The Board notes the applicant’s contention that his ROTC scholarship debt should be cancelled or reduced because he had to perform military tasks that were unrelated to his degree work and because he is currently serving as a commissioned officer in the USAR.  However, it finds these factors are not sufficiently mitigating to warrant the requested relief.  

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, there is a memorandum on file that confirms he was disenrolled for indifferent attitude or lack of interest in military training and breach of contract.  
3.  In the opinion of the Board, the applicant has failed to provide any evidence or argument that shows that there was any error or injustice related to his disenrollment from the ROTC program or to his being required to repay the scholarship money he received, as was required by his ROTC contract.  

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

__ __LF__  _WTM__  __LE____  DENY APPLICATION

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

INDEX

CASE ID	AR2003085077	
SUFFIX		
RECON		
DATE BOARDED	2003/06/DD	
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.  293	128.1000	
2.		
3.		
4.		
5.		
6.