PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 January 2001                   
	DOCKET NUMBER:   AR1999034677

	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 Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that her Reserve Officers’ Training Corps (ROTC) debt be forgiven.

3.  The applicant states that she did incur an ROTC debt when she agreed to pay back monies given to her through an ROTC scholarship.  She later encountered difficulties paying this debt and considered enlisting in hopes it would satisfy the debt.  She told her recruiters this was her sole purpose in enlisting.  They called the Defense Finance and Accounting Service (DFAS) and learned that if she enlisted her debt would be satisfied.  Immediately after completing basic training she inquired as to how to begin the process to remit her debt.  A different person at DFAS informed her to wait for the debt to appear on her leave and earnings statement.  The debt appeared and $100.00 monthly deductions began on 1 May 1999.  She later learned from Cadet Command that an enlistment would not satisfy her debt.  

4.  The applicant enlisted in the U. S. Army Reserve (ROTC Control Group) on 27 August 1993.  Her Army Senior ROTC Scholarship Cadet Contract, DA Form 597-3, paragraph 7d 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.  Or, the cadet could be ordered to active duty for not more than four years.

5.  Paragraph 12 of the applicant’s DA Form 597-3 states that she understood and agreed that if she voluntarily or because of misconduct failed to begin or failed to complete any period of active duty that she may have incurred under the contract, she would be required to reimburse the United States an amount of money, plus interest, that bore the same ratio to the total cost of the financial assistance provided her as the unserved portion of such duty bore to the total period of such duty she was obligated to serve.

6.  The applicant was disenrolled from ROTC around 1995 for an unknown reason and she agreed to reimburse her scholarship monies.  The disenrollment paperwork is not available.

7.  On 13 October 1998, the applicant enlisted in the Regular Army for 5 years in pay grade E-3.  Her recruiter and the recruiting station commander provided statements to verify that DFAS informed them and the applicant that if she enlisted into the active Army she would no longer be responsible for the ROTC debt.

8.  On 11 August 2000, the applicant was honorably discharged by reason of a disability that existed prior to entry on service.
CONCLUSIONS:

1.  Although not provided for in her DA Form 597-3, the applicant’s 13 October 1998 enlistment in the Regular Army served the same purpose as would have been served had she been ordered to active duty.  It would be unfair and unjust to the applicant for the Army to collect any ROTC tuition payments due after her enlistment in the Regular Army when she met the spirit of the ROTC scholarship contract.   

2.  The Board notes that the applicant has failed to complete the period of enlisted service obligated as a result of her ROTC scholarship as evidenced by her discharge for disability.  However, since she was not discharged voluntarily or because of misconduct, under the terms of paragraph 12 of her DA Form   597-3 her ROTC debt is not required to be recouped on a pro-rated basis.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending the applicant’s ROTC contract to show that she would satisfy the service obligation under the original terms of the ROTC contract as a Regular Army enlisted soldier.

BOARD VOTE:  

__lls___  __wtm___  __teo___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Luther L. Santiful
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999034677	
SUFFIX		
RECON		
DATE BOARDED	20010123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.	110.00	
3.		
4.		
5.		
6.