PROCEEDINGS

	IN THE CASE OF:     
	   
0
	BOARD DATE:           13 June 2002                   
	DOCKET NUMBER:   AR2001065964

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Donald P. Hupman		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 his Reserve Officers Training Corps (ROTC) scholarship contract date be corrected to read 4 September 2001.

3.  The applicant states, in effect, that he was enrolled in the ROTC program at Boise State University on 4 September 2001.  A required physical examination was taken on 7 August 2001, but was improperly processed.  The delay resulted in an official ROTC contract date of 15 October 2001, unfairly denying him approximately $450.00 in educational stipends.

4.  In support of his request he provides two letters of support from the ROTC enrollment officer at Boise State University.

5.  The applicant’s military records show that in the fall of 2001, the applicant joined the Boise State University ROTC program, as a nonscholarrship cadet.

6.  On 4 September 2001, the applicant and the Boise State University ROTC enrollment officer signed a DA Form 597 (Army Senior Reserve Officers' Training Corps Nonscholarship Cadet Contract).  An ROTC contracting official signed the contract on 15 October 2001.

7.  A Cadet Record Brief reflects that the applicant has an enlistment date of 11 January 1999, an initial enrollment date of 30 August 2001, and a contract date of 15 October 2001.

8.  On 30 July 2001, the applicant signed a Cadet Enrollment Record, which was signed by the certifying enrollment officer on 30 August 2002.

9.  In a letter addressed to the Commander, Cadet Command the enrollment officer, requested correction of the applicant's DA Form 597 to indicate an effective date of 4 September 2001.  He explained that the applicant's physical examination was not processed correctly.  The applicant needed a Military Entrance Processing Station physical examination for a standard ROTC contract. However, he was given a Department of the Defense Medical Examination Review Board physical examination (DODMERB).  This type of examination is for scholarship students.  The applicant was not a scholarship student so the examination was not processed.  After several weeks the mistake was discovered and the physical examination was then sent to the correct place and processed.  The applicant took the physical examination on 7 August 2001 and was conditionally contracted on 4 September 2001.  The applicant lost approximately $450.00 in educational stipend because the physical examination was not processed correctly.

10.  A letter from the enrollment officer explains that the applicant has been present for ROTC classes since 30 August 2001.  He points out that the applicant's cadet record brief also reflects a 30 August 2001 enrollment date.

11.  Army Regulation 40-501, Standards of Medical Fitness, provides, in pertinent part that the U.S. Air Force Academy is the review authority for reports of examinations given applicants for entrance into the ROTC Scholarship Program under the DODMERB.

12.  Department of Defense Financial Management Regulation Volume 7A, chapter 59, provides, in pertinent part, that non-scholarship cadets who has been selected for advanced training is entitled to subsistence allowance of $200 per month effective October 1, 1999, $300.00 per month, effective October 1, 2000.  Entitlement begins on the day the cadet starts the advanced training and continues uninterrupted except for the periods of any field/at-sea training until completion of instruction.

CONCLUSIONS:

1.  The applicant's ROTC contract, cadet record brief, cadet enrollment record, and the supporting statements from the Boise State University ROTC program enrollment officer supports the applicant's request.  The Board finds that his ROTC contract was signed and confirmed on 4 September 2001 and through no fault of his own the certification of his physical examination was delayed resulting in a later contract date of 15 October 2001.  The later contract date unfairly denied the applicant his ROTC stipend for the period 4 September 2001 through 14 October 2001.

2.  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:

a.  amending the applicant’s Army Senior Officer's ROTC Nonscholarship Cadet Contract to show it was signed by the ROTC contracting official on 4 September 2001; and

b.  directing that as a result of the foregoing correction and in accordance with Department of Defense Financial Management Regulation Volume 7A, the Defense Finance and Accounting Service shall remit payment to the applicant of the total amount of his ROTC subsistence allowance to which he is entitled as a result of this correction at the appropriate rate and at the appropriate time.  

BOARD VOTE:  

___cla___  ___bje__  ____dhp_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Celia L. Adolphi________
		        CHAIRPERSON

INDEX

CASE ID	AR2001065964	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020613	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.10	
2.		
3.		
4.		
5.		
6.