IN THE CASE OF:	

		BOARD DATE:	  24 November 2008

		DOCKET NUMBER:  AR20080005329 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests the debt he incurred when he was disenrolled from the Reserve Officers' Training Corps (ROTC) be remitted.

2.  The applicant states that he entered active duty, earned his commission on 14 February 2008, and is still serving on active duty.

3.  The applicant provides documents from the Defense Finance and Accounting Service (DFAS), his ROTC records, and his military records.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that on 11 June 1998 the applicant executed a DA Form 597-3, Army Senior ROTC Scholarship Cadet Contract, for a 3-year scholarship.

2.  The records provided by the applicant don't include documents showing why or when he was disenrolled from the ROTC.  However, on 25 September 2000 the applicant agreed to repay his ROTC scholarship debt of $32,750.00.

3.  On 1 November 2007, the applicant enlisted in the Regular Army as a commissioned officer candidate.  In conjunction with his enlistment, he opted for the enlistment option of the Loan Repayment Program (LRP).  He was honorably discharged from his enlisted status on 13 February 2008 to accept a commission as a second lieutenant.

4.  On the date the applicant submitted his request to the Board, he was serving on active duty in the rank of second lieutenant.

5.  In the processing of this case an advisory opinion was obtained from the United States Army Cadet Command.  The Cadet Command stated that the applicant elected to repay his scholarship debt.  The Cadet Command continued that while the applicant is currently obligated to serve on active duty in the Army, his active duty service obligation is not the result of him being ordered to active duty through ROTC channels in satisfaction of his ROTC contractual obligation.  The applicant’s active duty service in the Army is not an authorized remedy for debt repayment under the terms of his ROTC contract and should not eliminate his debt.

6.  The applicant was provided a copy of the advisory opinion and given the opportunity to respond.  He has not responded to date.

7.  Evidence shows that as of 24 October 2001, the applicant was indebted to DFAS in the amount of $34,922.54.

8.  In the processing of this case, the Board's staff contacted the Human Resources Command, Alexandria, which stated that the applicant had $17,882.39 in student loans which qualified for repayment under the Loan Repayment Program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his enlistment and subsequent commission as a second lieutenant fulfills his obligation has been carefully considered and found not to have merit.  His ROTC contract called for an expeditious call to active duty through ROTC channels based on the needs of the Army.  His enlistment well over 7 years after his disenrollment from ROTC was not expeditious and was not at the needs of the Army.

2.  In addition, the applicant was given the Loan Repayment Program which is paying off $17, 882.39 in student loans.  He would not have been given the Loan Repayment Program incentive if he had been expeditiously called to active duty to fulfill his ROTC scholarship debt.

3.  As such, there is no basis for granting the applicant's request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X____  ___X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________X______________
       	     CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005329



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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