MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  26 October 2000
	DOCKET NUMBER:  AR1999034874

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. William D. Powers		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:  That the remainder of his ROTC scholarship debt be waived.

APPLICANT STATES:  That after attending college with an ROTC scholarship for 2 ½ years, he voluntarily withdrew to work and support his son.  He elected to repay the scholarship money in lieu of enlisting in the Army.  In September 1992 he returned to college and, shortly after graduation, enlisted in the Army.  He has been repaying his debt but believes that, because of his Army service, the remainder of his debt should be waived.  He submits copies of his debt payments and a copy of his commander’s endorsement for cancellation of the debt in support of his application.

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

In 1989 the applicant accepted a 4 year ROTC scholarship to attend Fort Valley State College.  From November 1989 through January 1992 he received $5,471 in educational assistance from ROTC.  He voluntarily disenrolled from college and ROTC to return to work and support his son.  He was then in default of his ROTC contract.  He elected to repay the scholarship monies versus enlisting in the Army to cancel his debt.

He enrolled in Georgia State University in September 1992 and graduated in June 1995.  He enlisted and entered active duty on 23 May 1997 as a college graduate with a bonus option of Loan Repayment Program (LRP) and a $12,000 cash bonus for training in a specific Military Occupational Specialty (MOS).

The applicant completed his MOS training on 9 December 1997.  On 14 January 1998 he voluntarily waived his MOS enlistment option $(12,000) to be reclassified in MOS 71D, legal specialist.  On 22 February 2000 the applicant entered Officer Candidate School (OCS) and was graduated on 25 May 2000.  He was appointed a Field Artillery second lieutenant on 25 May 2000.

Information provided by the Total Army Personnel Command (PERSCOM) shows that they have paid $14,721 of his qualifying student loans for attendance at Georgia State University.

The scholarship cadet contract that the applicant agreed to provided that disenrollment from the ROTC program would require that he be ordered to active duty in an enlisted status for a period not to exceed 4 years or, if authorized, to reimburse the government the amount of money, plus interest, equal to the entire amount of financial assistance paid for his education.  It also noted that if the amount were not repaid in a lump sum, it would be paid in monthly installments not to exceed 36 months.

Information provided by the Defense Finance and Accounting Service (DFAS) indicates that, over the past 8 years, the applicant has satisfied approximately $2,600 of his original $5,471.

In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM).  The PERSCOM notes that his disenrollment was totally voluntary and the applicant chose the repayment option to cancel his debt to the government.  The applicant was aware of the policy and understood the options available to him.  The PERSCOM recommends denial of his request.

In his rebuttal of the advisory opinion the applicant states that he eventually enlisted and completed 3 years active duty which should now clear his debt.  Since the ultimate purpose of ROTC is to produce a commissioned officer, he has also satisfied that requirement.  The college credits that he is being required to repay are part of the same college credits that allowed him to attend OCS.  While this debt may not be an injustice, he believes that it is not in the best interest of the Army or himself.

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

1.  Notwithstanding the personal circumstances that led the applicant to withdraw from college and ROTC, he was in default of his contract and agreed to repay the government the amount of his financial assistance.  Although his contract required payment within 36 months, he still owes the government over $4,400 including interest and penalties 8 years after his disenrollment.

2.  The applicant enlisted over 5 years after he disenrolled from ROTC program and the government has paid over $14,700 in college student loans for the applicant during his 3 years of enlisted service.

3.  The applicant was able to qualify for OCS based partially on his college education that was principally paid for by the government.  He has received the benefit of the 2 ½ years of college financed by the ROTC program and he should be held accountable for this debt he incurred.

4.  The fact that the applicant is now serving on active duty as a lieutenant does not remove the prior obligation which is now over 8 years in arrears.  He appears to also take into account the substantial cost incurred by the government during his attendance at OCS.  This cost would not have been incurred had he not been in default of his ROTC contract.

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

__md___  ___ao_____  __wp_____  DENY APPLICATION

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

INDEX

CASE ID	AR1999034874	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001026	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.