RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 OCTOBER 2005 DOCKET NUMBER: AR20050001743 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 Mr. Jessie B. Strickland Analyst The following members, a quorum, were present: Mr. John Slone Chairperson Ms. Linda Simmons Member Mr. Kenneth Lapin Member 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 the remission/cancellation of her Reserve Officer Training Corps (ROTC) Scholarship debt. 2. The applicant states, in effect, that she desires her indebtedness to the Department of Defense (DoD) be satisfied through his active duty service with the United States Marine Corps (USMC). She goes on to state that she understood her obligation was to serve in the Army for 3 years or to repay the debt; however, she has been serving on active duty in the USMC for almost 4 years and believes she is fulfilling her obligation to the DoD. 3. The applicant provides a copy of her USMC Idnetification Card, her automated USMC records, her debt information from the Defense Finance and Accounting Service (DFAS) and her ROTC Scholarship debt agreement. CONSIDERATION OF EVIDENCE: 1. In 1995, while attending South Carolina State University, the applicant accepted a 3-year ROTC Scholarship. She was disenrolled for breach of contract and on 25 March 1997, she was advised that she owed $6,040.00 in ROTC benefits paid and that she could be ordered to active duty in the pay grade of E-2 or that she could elect to repay the amount she owed. She elected to repay the debt at the rate of $150.00 per month on 25 March 1997. 2. She enlisted in the USMC on 16 April 2001, entered active duty on 3 June 2001 and was commissioned as a second lieutenant on 10 August 2001. She was promoted to the rank of first lieutenant on 10 August 2003 and at the time of her application to the Board, she was assigned to Camp LeJeune, North Carolina. 3. In the processing of this case, a staff advisory opinion was obtained from the Department of the Army Cadet Command which opines, in effect, that the applicant's subsequent enlistment in the Marine Corps did not then and does not now satisfy the conditions of her ROTC contract. The advisory opinion was dispatched to the applicant for comment and the applicant responded back to the effect that after having the ROTC scholarship for 1 year, she realized that she had no desire to be in the military. Her decision to join the military did not come until 2001, 4 years after she had decided to give up her scholarship. She further states that she has over $60,000 in scholarship debts not counting her ROTC scholarship debt and requests that her active duty service satisfy her ROTC debt. 4. Title 10, United States Code, section 2005(a)(3), states, in pertinent part, that the Secretary concerned may require, as a condition to the Secretary providing advanced education assistance to any person, that such person enter into a written agreement with the Secretary concerned under the terms of which such person shall agree that if such person, voluntarily or because of misconduct, fails to complete the period of active duty specified in the agreement, or fails to fulfill any term or condition prescribed by the Secretary to protect the interest of the United States, such person will reimburse the United States in an amount that bears the same ratio to the total costs of advanced education provided such person as the un-served portion of active duty bears to the total period of active duty such person agreed to serve. DISCUSSION AND CONCLUSIONS: 1. Although the applicant has not contended that she was unaware of the conditions of her contract, the evidence of record clearly shows that the applicant understood the conditions of her ROTC contract, whereas she could elect to repay her scholarship debt in lieu of being involuntarily ordered to active duty in the rank of E-1 for a period of 3 years in the Army. 2. She clearly declined the involuntary call to active duty and elected to make payments to the DFAS in accordance with the conditions of her contract. 3. While the applicant was able to enlist in the USMC and subsequently be commissioned as a second lieutenant, vice being ordered to active duty in the Army in the pay grade of E-1, she enlisted for a period of 4 years and it appears she was not offered any monetary enlistment incentives. 4. Notwithstanding the fact that the applicant has agreed to repay her debt and has already served 4 years of active duty in the USMC, it would be unfair under the circumstances to require her to do so. The main purpose of the advance education assistance programs is for the Armed Services to obtain ADSOs (active duty service obligations) from qualified personnel in exchange for educational assistance. The applicant entered into and has already served a 4-year ADSO to the United States, albeit serving in the USMC instead of the Army as required by her ROTC contract. Thus the spirit of 10 USC 2005 has been satisfied. 5. Additionally, the Board recognizes the importance of the applicant's service to her country, regardless of which Armed service is involved, and finds that in the interest of justice and as a matter of equity, her debt should be forgiven effective the date she completed 4years of active duty in the Marine Corps, as an exception to policy, and that any monies paid by her towards satisfying the ROTC debt be returned to her. 6. Accordingly, as a matter of equity, her ROTC Scholarship Contract should be amended to reflect that her debt obligation may be satisfied by virtue of completion of 4 years of active duty in the Marine Corps, as an exception to policy. BOARD VOTE: ____JS__ ___LS __ ___KL __ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 her ROTC Scholarship Contract to reflect that her debt obligation may be satisfied by virtue of completion of 4 years of active duty in the Marine Corps, as an exception to policy and that any monies collected from the applicant to satisfy the ROTC debt will be returned to her. _____John Slone_________________ CHAIRPERSON INDEX CASE ID AR20050001743 SUFFIX RECON DATE BOARDED N/A AD MEMBER (USMC) TYPE OF DISCHARGE N/A AD MEMBER (USMC) DATE OF DISCHARGE N/A AD MEMBER (USMC) DISCHARGE AUTHORITY N/A AD MEMBER (USMC) DISCHARGE REASON N/A AD MEMBER (USMC) BOARD DECISION (GRANT) REVIEW AUTHORITY N/A AD MEMBER (USMC) ISSUES 1.128.1000 293/REM/CANC DEBT 2. 3. 4. 5. 6.