| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Ms. Gail J. Wire | Chairperson | |
| Ms. Karen A. Heinz | Member | |
| Mr. Robert Duecaster | Member |
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
| 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. |
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Paragraph 12 of the applicant’s DA Form 597-3 states the cadet understood and agreed that, if he voluntarily or because of misconduct failed to begin or failed to complete any period of active duty that he may have incurred under the contract, he would be required to reimburse the United States an amount of money, plus interest, that is equal to or bore the same ratio to the total cost of the financial assistance provided him as the unserved portion of such duty bore to the total period of...
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In lieu of repayment, the cadet could be ordered to active duty for not more than four years. Had the applicant not had a service or repayment obligation, based on the ROTC program requirements, he would have been entitled to all of the enlistment incentives he received including the $13,000 cash bonus. That all of the Department of the Army records related to this case be corrected by: a. amending the applicant’s ROTC scholarship contract to show that he would satisfy the service...
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The applicant provides his Army ROTC scholarship contract, recruiter contact information, his ROTC enlistment contract, and a letter from his father. That office noted that the applicant was offered the option [of repaying his ROTC scholarship debt or serving on active duty] on 20 May 2003. 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 that he would satisfy a portion of...
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He contends that his active duty service in the U.S. Navy should qualify for relief of his ROTC debt and reimbursement of his payments. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty); DD Form 215 (Correction to DD Form 214); NAVPERS 1000 (Officer Appointment Acceptance and Oath of Office); Annual Statement of Service History; ROTC disenrollment memorandum with enclosures; Defense Finance and Accounting Service (DFAS) letter;...
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He merely deferred his decision concerning call to active duty vice repayment of his ROTC scholarship debt until after he graduated * He never received the Cadet Command's September 2004 letter requiring him to elect a payment plan or agree to be called to active duty through ROTC channels based on the needs of the Army * When he sought to enlist in September 2006, he fully informed his recruiter concerning his prior disenrollment from ROTC 3. The applicant asserts he did not decline...
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His six years of service Paragraph 7d states, "Under other disenrollment criteria established now or in the future by Army regulations, incorporated herein by reference…the Secretary of the Army or his or her designee may order him to active duty as an enlisted soldier for a period of not more than four years or, in lieu of being ordered to active duty, may require me to reimburse the United States through repayment of an amount of money, plus interest, equal to the entire amount of...
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His DA Form 597-3, paragraph 7 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 ordered to serve. That office...
ARMY | BCMR | CY2004 | 20040010515C070208
He rebutted that he was aware the terms presented to him for repayment were either immediate repayment or enlistment (emphasis added) into the Regular Army at the time of disenrollment from ROTC. When he was disenrolled, his disenrollment letter gave him three options, one of which was to request to be ordered to active duty. Instead, he enlisted in the Regular Army in May 2004 in pay grade E-4 and for two bonus options ($20,000 for the Cash Bonus alone) and for the Loan Repayment Program...
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Although the applicant has not contended that he was unaware of the conditions of his contract, the evidence of record clearly shows that the applicant understood the conditions of his ROTC contract, whereas he could elect to repay his scholarship debt in lieu of being involuntarily ordered to active duty in the rank/grade of private (PV1)/E-1 for a period not to exceed 4 years in the Army. If the applicant fails to complete the period of enlisted service he would have been obligated as a...