MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:          

	BOARD DATE:               28 November 2000                 
	DOCKET NUMBER:      AR1999032467
41
	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. Walter Avery, Jr.		                         Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Wilfred A. Hale		Member	
	Mr. John H. Kern		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 the debt to the Government he incurred as a result of his disenrollment from ROTC be waived contingent upon his enlistment and retention in an armed force of the US.

APPLICANT STATES:  In effect, that it is not fair that he cannot enlist for the higher pay grade that his college degree would afford another soldier, nor is it fair that he is not eligible for any enlistment incentives.  

EVIDENCE OF RECORD:  The applicant's military records were not provided to the Board.  The following information is derived from documentation submitted by the applicant.

On 26 March 1999 the applicant was notified that he was determined to have breached his ROTC scholarship contract and, based on that finding, was given the opportunity to elect to either repay his scholarship in the amount of $22,624.00, or to be ordered to involuntary active duty.  He did not respond; therefore, the debt was in default and collection action was initiated.

As part of a scholarship enlistment in the ROTC, an individual must sign a DA Form 597-3, which is the agreement between the Army and a potential ROTC cadet.  That form contains the promises made between the Army and the potential cadet, and includes what action the Army will take in the event that a cadet fails to successfully complete the terms of the contract.  The applicant acknowledged that he understood and agreed that if he was disenrolled from the ROTC program he could be ordered to active duty as an enlisted soldier or in lieu of being ordered to active duty could be required to reimburse the United States the amount of financial assistance including interest paid for his education.

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 had only two choices when he was disenrolled from the 
ROTC – to repay his scholarship or to be ordered to active duty in pay grade E-1 with no enlistment incentives.  There were no other options.  He was informed of these conditions when he accepted his scholarship and when he was disenrolled from the ROTC.

2.  The applicant’s request is tantamount to his asking the Board to provide him with a third option.  However, the Board is of the opinion that it is not fair or equitable to provide the applicant an option that is not provided to other cadets who were determined to be in breach of their ROTC contract.

3.  The applicant had an opportunity to satisfy his debt to the Army by being ordered to active duty in pay grade E-1.  He himself chose to repay the debt instead of being ordered to active duty.  He cannot, at this late date, change that election 

4.  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

___mkp__  ___wah _  __jhk____  DENY APPLICATION

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

INDEX

CASE ID	AR1999032467	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001128	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	104.00	
2.	128.10	
3.		
4.		
5.		
6.