MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            11 July 2000                  
	DOCKET NUMBER:   AR1999029198

	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	
	Ms. Wanda L. Waller 		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner 		Chairperson	
	Mr. John Saputo 		Member	
	Mr. Roger Able 		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:  To be commissioned as a second lieutenant and branched Quartermaster in the USAR.   

APPLICANT STATES:  In effect, that she was improperly disenrolled from the Reserve Officers’ Training Corps (ROTC) Program because her grade point average (GPA) was 2.000 or above for the semester in question.  She also contends that she was not properly informed of the disenrollment hearing.  In support of her application, she submits a brief with enclosures listed on the Table of Contents page; a letter of explanation, dated 16 April 2000, which states that she was a contracted cadet at the time of disenrollment and that she was branched Quartermaster in the USAR; and a letter of explanation, dated 
22 February 2000; two official transcripts from Louisiana State University (LSU) and Agricultural and Mechanical (A & M) College issued on 20 December 1999 and on 4 February 2000 which show the applicant earned a semester GPA of 2.000 for the Fall semester of 1995; and a copy of her diploma from LSU and A&M College dated 17 December 1999.    

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

The applicant enlisted in the USAR on 3 June 1991 for a period of 8 years.  She enrolled in the ROTC Program at LSU and A & M College on 23 August 1993.

On 12 October 1994 the applicant was placed on academic probation (#1) for the Fall semester 1994 for violation of the academic performance standards (received a “F” in Anatomy 2500).  On 19 January 1995 she was placed on academic probation (#2) for the Spring semester of 1995 for violation of the academic performance standards (earned an “F” in General Physics 2002).

On 22 January 1996 the applicant was notified by letter of her pending disenrollment from the ROTC Program under the provisions of Army Regulation 145-1, paragraph 3-43(6), for failure to maintain a minimum semester cumulative academic GPA of 2.0 during the Fall semester of 1995.  The Professor of Military Science (PMS) of LSU cited that this was the third semester that the applicant failed to maintain a 2.0 GPA and he placed her on leave of absence pending disenrollment.  

On 24 January 1996 the applicant was counseled concerning her pending disenrollment.  At this time, the applicant asserted that two of her grades were incorrect.  The PMS of LSU advised the applicant that in the absence of any documentation from the Records & Registration, he was initiating disenrollment proceedings and that she had 10 days to complete the Memorandum of Disenrollment.  

On 9 February 1996, the applicant was notified by letter of her failure to respond to the Memorandum of Disenrollment within the time period.  This letter which was sent certified mail to the applicant’s local address shown on her ROTC CDT COMD Form 139 (Cadet Enrollment Record) also stated that a board of officers would convene on 29 February 1996 to determine her suitability for retention in the Army ROTC Program.  

The board of officers convened on 29 February 1996.  The applicant was not present for the proceedings.  The board of officers determined that the applicant entered into a valid contract with the United States Army by signing DA Form 
597 (Army Senior Reserve Officers’ Training Corps Nonscholarship Cadet Contract) on 23 August 1993; that she received monies from the U.S. Government in the form of subsistence allowances while enrolled in ROTC; that she breached the terms of her contract by earning a semester GPA of 1.562 during the Spring semester of 1994; that she breached the terms of her contract by earning a semester GPA of 1.666 during the Fall semester of 1995; and that she breached the terms of the contract signed by her on 23 August 1993.  The board of officers recommended that the applicant be disenrolled under the provisions of Army Regulation 145-1, paragraph 3-43a(6) and Cadet Command Pamphlet 145-4 for failure to maintain a minimum semester cumulative GPA of 2.0 on a 4.0 scale; and that she not be required to serve on active duty as an enlisted member of the U.S. Army but should remain with her Army Reserve unit to complete the remainder of her enlisted contract at her former enlisted grade. 

On 22 March 1996 the applicant submitted a rebuttal.  In summary, she contended the two letters of notification pertaining to her disenrollment proceedings were sent to the wrong mailing address.  She claimed that signed statements from her professors on grade changes would be provided, that the phone number used to contact her was incorrect and that her parents lived in Biloxi, Mississippi, not in Baton Rouge, Mississippi, where a letter was also sent. She goes on to state that her answering machine tape was in the custody of the Baton Rouge Police Department during the time frame in question and therefore no messages could have been recorded.  

The appointing authority action for the board of officers stated “I have reviewed the findings of the Board as well as the written rebuttal submitted by [applicant].  I find her rebuttal irrelevant to the basis for her disenrollment.  I personally handed [applicant] her notice of disenrollment on 24 January 1996 and told her that she had 10 working days to return it to me along with an updated transcript reflecting that she had met the academic standards specified in her ROTC contract.  I heard nothing from her until 20 March 1996.  Her grades are unchanged from 
24 January 1996.  Her cumulative GPR (2.03) is border line and would be deficient had she not taken MUS 4230 (Gospel Choir) 10 times, each time earning a grade of “A”.  The university accepts 3 hours of MUS 4230 for degree credit.  Additionally her mid-term GPA for the Spring 1996 semester is 1.20.  These facts, combined with her fall semester failure to maintain a passing GPA (including an “F” in SPCM 4119-Nonverbal Communication) leads me to approve the findings and recommendations of the Board.” 

A Memorandum For Record, dated 11 April 1996, prepared by the Administrative Officer, states that the PMS of LSU hand delivered the disenrollment notification packet to the applicant on 24 January 1996.  This packet, in addition to the Memorandum of Disenrollment, contained the Acknowledgment of Cadet, the Privacy Act Statement, and the Senior ROTC Contract Agreement Statement of Understanding.  The PMS of LSU advised the applicant to return the packet no later than 5 February 1996.  The applicant never returned the original packet.  She did not answer phone calls at her current address or respond to pages that were left on her pager.  The applicant did not go to the post office to pick up the board notification packet even though it was mailed to her current address and she did not attend the board proceedings.  The Administrative Officer states that she mailed a complete copy of the board proceedings with all enclosures including the Privacy Act Statement and the Acknowledgement of Cadet to the applicant’s parents’ address and the applicant never returned those copies of the Privacy Act Statement or the Acknowledgment of Cadet either.     

On 5 June 1996 the applicant’s board proceedings were legally and administratively reviewed and determined to be sufficient to support disenrollment under the provisions of Army Regulation 145-1, paragraph
3-43a(6).

The applicant provided an official transcript from LSU and A & M College issued on 17 September 1998 which shows she earned a semester GPA of 2.000 during the Fall semester of 1995.

Army Regulation 145-1 (Senior Reserve Officers’ Training Corps Program), Section VI (Disenrollment, Discharge, Separation, Transfer, and Leave of Absence), paragraph 3.43a(6) provides that a nonscholarship cadet may be disenrolled by the Professor of Military Science for failure to maintain a minimum semester or quarter cumulative academic GPA of 2.0 on a 4.0 scale or higher if required by that school and at least a 3.0 on a 4.0 scale or equivalent semester or quarter and cumulative average in all ROTC courses.

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 noted the applicant’s contention that her GPA was 2.000 or above for the Fall semester of 1995.  The Board also noted the three official transcripts provided by the applicant from LSU and A & M College issued on 17 September 1998, 20 December 1999 and 4 February 2000 which show that she earned a semester GPA of 2.000 during the Fall semester of 1995.  However, the applicant’s official transcript from LSU and A & M College issued at the time of her board of officer proceedings (27 February 1996) shows that she earned a semester GPA of 1.666 during the Fall semester of 1995.

2.  The applicant’s contention that she was not properly informed of the disenrollment hearing is not supported by the evidence of record.  Evidence of record shows the PMS of LSU personally handed the applicant her notice of disenrollment on 24 January 1996.  Records also indicate that a notification letter was sent via certified mail on 9 February 1996 to the applicant’s local address shown on her ROTC CDT COMD Form 139 (Cadet Enrollment Record).  Also, attempts to notify the applicant by telephone and telephone pager were documented as unsuccessful.   

3.  The applicant’s disenrollment from the ROTC Program was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights. 

4.  The applicant did not graduate from the ROTC Program.  Therefore, the Board determined that in the absence of any evidence of error or injustice there is no basis to approve the applicant’s request to be commissioned as a second lieutenant in the USAR. 

5.  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.

6.  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

RJW____  JS______  RA______  DENY APPLICATION

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

INDEX

CASE ID	AR1999029198	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR 145-1, paragraph 3-43(6)	
DISCHARGE REASON	Failure to maintain a minimum semester cumulative academic GPA of 2.0	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	104.0200	
2.		
3.		
4.		
5.		
6.