| Mr. Carl W. S. Chun | Director | |
| Mr. Walter Avery, Jr. | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Elzey J. Arledge, Jr. | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: In effect, that his Reserve Officers Training Corps (ROTC) scholarship debt be forgiven.
APPLICANT STATES: In effect, that he was the victim of an injustice in that after failing ROTC Advanced Camp, he was not given a second chance to attend. He knows of other instances where cadets who failed ROTC Advanced Camp during the summer of their junior year were given a second chance to attend. He was never given a second chance.
The applicant submits no evidence or documents to support his request.
EVIDENCE OF RECORD: The applicant's military records show:
He was awarded a four-year ROTC scholarship and enrolled in the ROTC program at Alcorn State University, Lorman, Mississippi. Currently, he has no military status.
On 22 August 1994, he signed a DA Form 597-3, Army Senior ROTC Scholarship Cadet Contract.
On 5 December 1994, the applicant was counseled by the professor of military science (PMS) for receiving an "F" in General Biology. ROTC scholarship awardees must maintain a minimum cumulative grade point average of 2.0 on a 4.0 or equivalent scale.
On 20 February 1995, the applicant was counseled by an ROTC representative for taking his college studies lightly.
On 11 and 18 January 1996, the applicant was counseled by an ROTC representative for being absent from Army Physical Fitness Tests, and warned that he may breach his ROTC scholarship if he did not meet Army weight and physical readiness standards.
On 29 October 1996, the applicant was counseled by the PMS for an altercation with another cadet on 25 October 1996, while attending Ranger Challenge training.
On 11 December 1996, the applicant was counseled by an ROTC representative. It was noted that the applicant's overall performance in ROTC was fair, but his attendance in leadership lab was poor and he received an "F" in a Constitutional Law class.
On 31 October 1997, the applicant was informed that action was being initiated to disenroll him from the ROTC program due to his 1997 ROTC Advanced Camp failure, which was due to his Army Physical Fitness Test failure.
On 30 April 1998, a memorandum was sent to Defense Finance and Accounting Service, Denver Center by Cadet Command establishing a debt on behalf of the applicant. The applicant's proposed repayment plan for recoupment of scholarship financial assistance benefits paid on his behalf was included with the memorandum. His indebtedness was $9,317.00.
On 21 May 1998, orders were issued that discharged the applicant from the United States Army Reserve Control Group (ROTC).
As part of a scholarship enlistment in the ROTC, an individual must sign a DA Form 597-3, which is the agreement between the Army and a ROTC cadet. The form contains the promises made between the Army and the cadet, and includes the action the Army will take in the event the cadet fails to successfully complete the terms of the contract. The applicant acknowledges that he will remain a full-time student until he receives his degree. This includes completing the required ROTC classes, which may be part of or in addition to those courses, required for his degree. The applicant also agrees that if he is disenrolled from the ROTC program for any reason or fails to accept a commission if offered he may at the discretion of the Army, be directed, in lieu of being ordered to active duty as a private for a period as specified in paragraph 8 of this contract, 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.
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. The applicant accepted the ROTC scholarship and agreed that if he was disenrolled for any reason he would either serve in the Army at the rank of private or reimburse the United States the amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States. Documents indicate the applicant chose to repay his assistance benefit.
2. The applicant has submitted no evidence or information to show that the basis for his disenrollment was improper. The applicant states, he was disenrolled after failing ROTC Advanced Camp and was denied the opportunity to attend a second time. He indicated that he was aware that others who failed were given a second chance. The applicant has provided no evidence to support his contention. In addition, the applicant's counseling file does not support his argument that he deserved a second chance. When the applicant failed to compete ROTC Advanced Camp, he breached his ROTC contract.
3. The Board finds no question of fairness in the preparation or processing of the applicant’s disenrollment due to ROTC Advanced Camp failure. Further, the Board concludes that his disenrollement from the ROTC program was proper and in accordance with regulatory requirements and there is no basis to relieve him of his ROTC indebtedness.
4. 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 records are in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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
___jns___ ___eja___ ___tl ___ DENY APPLICATION
| CASE ID | AR2002070352 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020625 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | |
| REVIEW AUTHORITY | |
| ISSUES 1. | 104.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001066023C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. He was further informed that once the ROTC scholarship contract was breached, any obligation to the Army had to be satisfied through order to active duty in an enlisted status or by repaying the cost of advanced education assistance provide by the Army. The record of the applicant's counseling does not support his statement that his disenrollment was unfair or unjust, but...
ARMY | BCMR | CY2011 | 20110004527
Paragraph 9 of his DA Form 597-3 states that if the cadet were disenrolled from the ROTC program for any reason or if he failed to accept a commission if offered he may, at the discretion of the Army, be directed, in lieu of being ordered to active duty as a private (E-1) for a period as specified in paragraph 8, to reimburse the U.S. through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid by the U.S. for his advanced education from the...
ARMY | BCMR | CY2013 | 20130005887
An ROTC Cadet Action Request was initiated by his PMS requesting a board of officers consider the applicant's disenrollment for breaching the terms of his ROTC contract based on absences and failure to enroll in Military Science classes in the 2010 Fall semester by failing to attend Advanced Camp and that he be required to repay his monetary scholarship benefits. The applicant's DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record), certified on 13 September 2010, shows...
ARMY | BCMR | CY2014 | 20140004667
Paragraph 5 (Terms of Disenrollment) of his DA Form 597-3 states that if the cadet were disenrolled from the ROTC Program for any reason, the Secretary of the Army could order the cadet to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet, as the unserved portion of active duty bears to the total period of active duty the cadet agreed to serve or was...
ARMY | BCMR | CY2001 | 2001058839C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. When he disenrolled from the University and failed to attend ROTC classes, he was in breach of his ROTC contract, which resulted in the PMS placing him in a LOA status pending disenrollment. The record shows that he was provided the opportunity to defend himself prior to the convening of the disenrollment board, to appear before that board, and to rebut the board’s findings.
ARMY | BCMR | CY2002 | 2002068180C070402
This act constituted a willful breach of her contract.” That board recommended that the applicant be disenrolled from the ROTC for voluntary breach of the terms of her ROTC contract and ordered her to active duty as a private. During her freshman year, after she had signed the contract, but before she had obligated herself to military service by accepting a second year’s scholarship assistance, the applicant informed the APMS in particular and the government in general, that one of her...
ARMY | BCMR | CY2004 | 2004105270C070208
The applicant provides his disenrollment board proceedings; an ROTC Cadet Command Form 131-R (Cadet Action Request); his notice of disenrollment; his appeal and Headquarters, U. S. Army Cadet Command's 13 February 2004 response; and a letter dated 14 April 2004 from Alabama Psychiatric Services, P.C. At that point, the Army was remiss by not recommending the applicant receive a medical examination by a military medical officer to determine if he was medically qualified to continue in ROTC...
ARMY | BCMR | CY2014 | 20140008054
During the Fall semester of 2011, she notified her PMS that she was considering dropping out of the ROTC Program for personal reasons. Cadets are supposed to be counseled every semester; however, she was only counseled once and the University of Portland ROTC Battalion has a record of that counseling. The applicant's complete military records are not available to the Board for review.
ARMY | BCMR | CY2001 | 2001057948C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that his Reserve Officers Training Corps (ROTC) scholarship debt be forgiven. On 19 June 1995, a legal officer with First ROTC Region reviewed the applicant’s disenrollment action.
ARMY | BCMR | CY2013 | 20130014073
The applicant provides: * DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) * Disenrollment approval memorandum * Defense Finance and Accounting Service (DFAS) Account Statement * Account Summary by Term CONSIDERATION OF EVIDENCE: 1. Paragraph 6 (Enlisted Active Duty Service Obligation) of his DA Form 597-3 states that if he were called to active duty for a breach of contract under the provisions of paragraph 5, he would be ordered to active duty for 2 years if the breach occurred...