RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            25 November 2003       
	DOCKET NUMBER:   AR2003088493

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Yolanda Maldonado		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that his Reserve Officers’ Training Corps (ROTC) debt be waived.

2.  The applicant states that his cadet contract states he can serve 3 years of active duty in lieu of repayment of his ROTC debt.  His Marine Corps contract is for 4 years, which more than satisfies the contract requirements.  

3.  The applicant provides his Army ROTC scholarship contract and his basic (DD Forms 4/1 and 4/2) U. S. Marine Corps enlistment contract.

CONSIDERATION OF EVIDENCE: 

1.  The applicant enlisted in the U. S. Army Reserve (ROTC Control Group) on 30 August 1999.  His DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), paragraph 7 states that if the cadet were 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.  

2.  Paragraph 8 of the applicant’s DA Form 597-3 states that if he were called to active duty for breach of contract under the provisions of paragraph 7, he would be ordered to active duty for 2 years if the breach occurred during Military Science II; for 3 years if the breach occurred during Military Science III, or for       4 years if the breach occurred during Military Science IV.  

3.  In an advisory opinion, the U. S. Army Cadet Command noted that the applicant was notified of initiation of disenrollment action from the ROTC program due to his failure to meet the requirements of the Army Weight Control Program and the Army Physical Fitness Test prior to the end of the last school term of the Military Science III year.  He waived his right to a hearing.  He declined to accept expeditious call to active duty in lieu of monetary repayment.  He signed for the disenrollment memorandum and addendum on 18 April 2002 but failed to respond with an elected option (pay in full, pay in installments, or appeal).  His case was processed for establishment of an involuntary debt in the amount of $25,303.00 on 15 May 2002.  He was disenrolled from the Army ROTC program on 15 May 2002.

4.  The applicant enlisted in the U. S. Marine Corps on 24 September 2002 for    4 years in pay grade E-2.  It cannot be determined from the available evidence if he enlisted for any type of enlistment bonus.

5.  Army Regulation 135-210 prescribes policies and procedures for ordering individual soldiers of the Army National Guard of the United States and the U. S. Army Reserve to active duty during peacetime.  In pertinent part, it states that former ROTC cadets, when ordered to active duty, will be ordered to report to the U. S. Army Reception Battalion and will be ordered to active duty in pay grade  E-1.

6.  In the processing of this case, an advisory opinion was obtained from the     U. S. Army Cadet Command.  That Headquarters recommended that the applicant's enlistment not reduce the amount he will be required to reimburse the United States for his advanced educational assistance.

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

DISCUSSION AND CONCLUSIONS:

1.  Although not provided for in his DA Form 597-3, the applicant’s 24 September 2002 enlistment in the U. S. Marine Corps served the same purpose as would have been served had he been ordered to active duty in the U. S. Army albeit in a different branch of service.  The Department of Defense is still getting the benefits of his service (for a period of 4 years whereas his ROTC contract required only 3 years of active duty).  As a matter of equity it would be appropriate to consider his enlistment in the U. S. Marine Corps to have met the active duty obligation required by his ROTC scholarship contract.   

2.  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.

3.  Had the applicant chosen active duty or been involuntarily ordered to active duty as a result of his disenrollment, he would have been assigned against the needs of the Army, in pay grade E-1, and not allowed any enlistment options.  The applicant enlisted in the U. S. Marine Corps in the grade of E-2 and it cannot be determined from the available evidence if he received any enlistment bonus.

4.  If the applicant did receive an enlistment bonus, the prospect of negating his $25,303.00 debt for a free education he received from the Army without becoming an officer, plus allowing him to receive any enlistment bonus he ordinarily would not have received, would be a windfall.  While the Board has no 

jurisdiction to stop any enlistment bonus in this case, any such bonus would be a legitimate factor to consider in granting or denying equitable relief regarding the ROTC debt.

BOARD VOTE:

__rvo___  __lem___  __ym____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his ROTC scholarship contract to show that he would satisfy the service obligation under the original terms of the ROTC contract as a U. S. Marine Corps enlisted soldier;

2.  That the Defense Finance and Accounting Service audit his records to determine if he has been paid or is due to be paid an enlistment bonus.  In the event that he has been paid an enlistment bonus or becomes due for payment of an enlistment bonus, that bonus payment should be recouped to offset an equal portion of his ROTC scholarship debt.

3.  If he 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 his DA Form 597-3.

		___Raymond V. O'Connor
		        CHAIRPERSON

INDEX

CASE ID	AR2003088493	
SUFFIX		
RECON		
DATE BOARDED	20031125	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.