MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            2 February 2000                  
	DOCKET NUMBER:   AR1999031698

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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 records be corrected to show that his debt to the Army based on ROTC scholarship recoupment be remitted.

APPLICANT STATES:  That he believes that his active commissioned service in the USMC should be accepted as satisfactory completion of the terms of his ROTC contract.

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

He contracted in the Senior ROTC with scholarship on 31 August 1988.  In the contract he signed when he enrolled in the Senior ROTC, Part I, Agreement By Scholarship Cadet Enrolling in the Senior ROTC Program, paragraph 1s(3), it was stated that scholarship cadets who voluntarily withdraw from the Army ROTC as a result of entering into the officer production program of another armed service would be required to repay their scholarship or be ordered to active duty in their enlisted status, at the option of the Army.

On 29 June 1992 he enlisted in the USMC Reserve as a private for training in the USMC Officer Candidate School (OCS).  He successfully completed USMC OCS and was commissioned as a second lieutenant, USMCR, on 2 April 1993.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant specifically acknowledged on his ROTC contract that his entry into the officer production program of another armed service would constitute a violation of his ROTC contract.  As such, his contention that his active commissioned USMC service should satisfy his scholarship contract has no basis in fact.

2.  While the Board understands why the applicant believes that his active commissioned military service should satisfy his active commissioned service requirement, it does not.  Each service is given a specific budget by Congress.  If all Army ROTC cadets were allowed to satisfy their active service obligations in other services, the Army would not be able to fill its lower graded officer positions and, therefore, not be able to complete the missions it is assigned.

3.  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:

________  ___jea___  _le_____  GRANT

________  ________  ________  GRANT FORMAL HEARING

__cmf______  ________  ________  DENY APPLICATION

Karl F. Schneider
Director, Army Review Board Agency

INDEX

CASE ID	AR1999031698	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000202	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.