MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            31 July 2003      
	DOCKET NUMBER:   AR2002082510

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Gail J. Wire		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Robert Duecaster		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 he be released from his Reserve Officers' Training Corps (ROTC) debt obligation.

APPLICANT STATES:  That he believes his enlistment in the Regular Army for        5 years, in a combat arms military occupational specialty during a time of war, is payment for his ROTC scholarship debt to the Army.  He provides pages 1, 8. 9, and 12 of his 10-page DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) as supporting evidence.

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

On 30 August 2000, he signed a DA Form 597-3 (version dated June 1995).  Paragraph 7d of this version states that if the cadet were disenrolled from the ROTC Program for any reason, the Secretary of the Army could order him to reimburse the United States through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States for his advanced education from the commencement of the contractual agreement to the date of his disenrollment or refusal to accept a commission.  Or, the cadet could be ordered to active duty for not more than four years.

Headquarters, U. S. Army Cadet Command stated in an advisory opinion that the applicant was disenrolled from ROTC due to his academic dismissal from the University of Wyoming and the Army ROTC program for failing to maintain a cumulative grade point average of at least 2.0.  He was offered the opportunity to accept expeditious call to active duty to repay his scholarship benefits; he declined on 31 January 2002.  On 22 April 2002, he was again afforded an opportunity to elect a method to repay the scholarship funds expended by serving on active duty or by making monetary repayment.  On 6 May 2002, he elected to make monetary repayment of the total amount owed, $9,526.20, in monthly installments.

On 13 August 2002, the applicant enlisted in the Regular Army for 4 years, in pay grade E-3, for a $15,000 cash enlistment bonus.  

Army Regulation 135-210 prescribes policies and procedures for ordering individual soldiers of the Army National Guard of the United States and the U. S. Army Reserve to active duty during peacetime.  In pertinent part, it states that former ROTC cadets, when ordered to active duty, will be ordered to report to the U. S. Army Reception Battalion and will be ordered to active duty in pay grade E-1.

In the processing of this case, an advisory opinion was obtained from the U. S. Army Cadet Command.  That Headquarters recommended that the applicant's enlistment not reduce the amount he will be required to reimburse the United States for his advanced educational assistance.

A copy of the advisory opinion was provided to the applicant for his comment or rebuttal.  He did not respond within the given time frame.

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

1.  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.

2.  The U. S. Army Cadet Command stated that the applicant's ROTC debt totals $9,526.20 and that he agreed to pay the debt in lieu of being ordered to active duty.

3.  Had the applicant chosen active duty or been involuntarily ordered to active duty as a result of his disenrollment, he would have been assigned against the needs of the Army, in pay grade E-1, and not allowed any enlistment options.  Instead, he enlisted in the Regular Army in August 2002 in pay grade E-3 and for a $15,000 cash enlistment bonus.

4.  The prospect of negating the applicant’s $9,526.20 debt for a free education he received from the Army without becoming an officer, plus allowing him to receive a $15,000 enlistment bonus he ordinarily would not have received, is a windfall.  While the Board has no jurisdiction to stop the enlistment bonus in this case, the bonus is a legitimate factor to consider in denying equitable relief regarding the ROTC debt.

5.  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

__gjw___  __kah___  __rd____  DENY APPLICATION

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

INDEX

CASE ID	AR2002081510	
SUFFIX		
RECON		
DATE BOARDED	20030731	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.