RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 April 2008 DOCKET NUMBER: AR20070018004 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. Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his Reserve Officers’ Training Corps (ROTC) debt be waived. 2. The applicant states that his debt was supposed to be relieved because of his later re-enrollment in the Army ROTC. He has gone as far as to accept an active duty commitment beyond the requirement established by his ROTC scholarship contract. He adds that he is not in breach of his contract since he is now serving on active duty as a commissioned officer. 3. The applicant provides excerpts from his military personnel and finance records. CONSIDERATION OF EVIDENCE: 1. The applicant’s official records were not available to the ABCMR. The documents used in the consideration of this case were provided by the applicant, himself. 2. On 9 August 2004, the applicant was notified that he was disenrolled from the ROTC program due to breach of contract for failure to maintain a minimum grade point average. He was informed that his ROTC scholarship monies had to be satisfied through order to active duty in an enlisted status or by repaying the cost of advanced education assistance provided by the Army. 3. On 23 August 2004, the applicant elected to repay the debt in the amount of $4,924.25 in monthly installments, plus interest on the amount owed. 4. On 2 May 2006, the applicant was granted an exception to policy to reenroll in the Army ROTC program while in a repayment status. On 11 May 2006, that exception to policy approval was forwarded to the applicant’s Professor of Military Science (PMS). In the forwarding memorandum, it was stated that “Since [the applicant’s] original ROTC contract and enlistment were terminated when he was disenrolled, execute a new ROTC contract.” 5. On 4 May 2006, the applicant executed a second, non-scholarship, ROTC contract. He successfully completed ROTC and was commissioned as a second lieutenant on 16 July 2007 and entered active duty with a 6-year active duty service obligation (ADSO) on 2 August 2007. 6. In the processing of this case, an advisory opinion was obtained from the U.S. Army Cadet Command. In the opinion the facts of the applicant’s case were chronicled and it was recommended that the applicant’s ROTC scholarship debt be suspended pending completion of his ADSO since he is now serving on active duty as an officer. 7. A copy of the advisory opinion was provided to the applicant for comment or rebuttal. As of 3 April 2008, the applicant had not submitted a rebuttal. DISCUSSION AND CONCLUSIONS: 1. The applicant was disenrolled from the ROTC program for breach of contract in August 2004 and he elected monetary repayment. That election finalized the terms of the applicant’s ROTC scholarship contract. 2. While the applicant entered into a second, non-scholarship contract, neither the execution of that contract nor his subsequent commission as a second lieutenant had any bearing on the debt he incurred when he elected monetary repayment of his scholarship contract. These were new contracts which stood alone. 3. However, the applicant's completion of ROTC, his commission as a second lieutenant, and his 6-year ADSO serves more than the same purpose as would have been served had he complied with the terms of his initial ROTC scholarship contract. The Army is getting the benefits of his service for the period of his 6-year ADSO as an officer. As such, as a matter of equity, it would be appropriate to consider his completion of ROTC, his commission as a second lieutenant, and his 6-year ADSO to have met the terms of his ROTC scholarship contract. 4. However, if the applicant fails to complete that portion of his ADSO for the period he would have been obligated as a result of his ROTC scholarship contract, either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis. BOARD VOTE: __PHM __ __KSJ__ __JGH__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his ROTC scholarship contract to show he would satisfy the service obligation under the original terms of the ROTC contract by successfully completing two years of service on active duty as a commissioned officer. 2. If the applicant fails to complete the period of service obligated as a result of his amended ROTC scholarship contract either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis. ___ PHM ___ CHAIRPERSON ABCMR Record of Proceedings (cont) AR20070018004 3 DEPARTMENT OF THE ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 1901 SOUTH BELL STREET, 2ND FLOOR ARLINGTON, VA 22202-4508