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B-241476 1 (1991-05-20)

handle is hein.gao/gaobadnwq0001 and id is 1 raw text is: ComptMoUer General of the United States Waalngton, D.C. 80848 Decision Matter of: ROTC Scholarship Program File: B-241476 Date: May 20, 1991 DECISION We have been asked to refider a decision regarding retroactive payment of college tuition for two Reserve Officer Training Corps (ROTC) cadets currently attending Creighton University, Mary K. O'Hare and Shaundra D. Linsley. The Army believes that the statute that authorizes tuition funding does not permit retroactive payment. We' disagree. We believe the Secretary has the discretion under the statute to make such payments, consistent with the scholarship program's intent and objectives, and we therefore recommend that the Army reconsider the two cadets' situations, During the 1988-89 scho'l year, KCadet O'Hare wasconditionally granted a 4-year ROTC nursing scholarship to''begin with the fall semester of 1989. The a4td'was condittohed'upon Cadet O'Hare's i6S'bessful compleeion of a physical,\\examination and laboratory tests. The physical was performed on March 27, 1989. On April 20, the medical 5oard sent Cadet O'Hare a letter informing her of the labboatory tests 'needed to complete-her medical qualification. The' record indicates that she did not respond until a duplicate letter was sent to her on October 26. Cadet O'Hare apparently met the medical qualification on December 21, 1989, althoigh the board's computer did not generate and issue a letter to that effect until February. When this error was discovered, Cadet O'Hare's record was corrected to indicate that she qualified on December 21. However, Creighton's fall semester had ended on December 16, 1989. Cadet O'Hare's scholarship therefore began with the second semester. CadetLinsley likewise received a 4-Vetar conditional nursing scholarship to begin in the fall semester of 1989. She had a physical in January 1989. Cadet Linsley was notified in February 1989 that two laboratory tests were required. She cleared one of those, a drug screening test, in June 1989. The'record is not clear as to any further activity on Cadet Linsley's part before a duplicate letter was sent to her on October 26 to remind her to complete her laboratory tests. Due to a recurring infection, Cadet Linsley did not meet her

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