RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060011941 


	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.


	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 his Reserve Officer's Training Corps (ROTC) scholarship debt be forgiven/cancelled.

2.  The applicant states, in effect, that he requests full payment of his ROTC tuition of $34,608.00 as per his enlistment contract.  The applicant's mother, acting as his power of attorney, while the applicant is in Iraq, indicates that the applicant's service tenure includes full payoff of his scholarship debt.

3.  The applicant provides DA Form 597-3 (Army Senior Reserve Officers' Training Corps Scholarship Cadet Contract), dated 31 August 2000; a copy of his Cadet Record Brief; a copy of DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record), dated 4 December 2003; and a Summary of Disenrollment to include disenrollment notification.

CONSIDERATION OF EVIDENCE:

1.  While attending Southwest Missouri State University in August 2000, the applicant enrolled in the ROTC program as a 4-year scholarship student.  Between 31 August 2000 and 15 January 2003, he received $32,615.00 in educational assistance.

2.  On 21 May 2003, the applicant was notified of initiation of disenrollment from the ROTC Program due to inaptitude for military service and indifferent attitude or lack of interest in military training.  He was scheduled to attend National Advanced Leadership Camp that summer; instead he was placed on leave of absence and administrative suspension of benefits pending disenrollment, effective 16 May 2003.  He was offered two options for repayment of his scholarship debt – serve on active duty for 3 years, or repay the debt.  The applicant acknowledged receipt of notification, requested a board of officers be appointed to review his case, and declined expeditious call to active duty.  Evidence of a board of officers was not in the file.

3.  On 11 March 2004, the applicant was disenrolled from the ROTC program due to a breach of his ROTC scholarship contract.  Disenrollment was based on his lack of aptitude for military service and his indifferent attitude or lack of interest in military training.  He was offered two options for repayment of his scholarship debt – to be ordered to active duty in an enlisted status for
3 years, or repay the debt.  The applicant did not return the choice of repayment options and a debt in the amount of $32,615.00 was established with DFAS on
6 April 2004.
4.  The applicant enlisted in the Regular Army on 8 September 2004 in pay grade E-3 for 3 years and 18 weeks.  He enlisted for a $6,000.00 cash enlistment bonus (high–graduate bonus). The applicant's recruiter noted in Exception Remarks of his enlistment contract "SFC ___ asking to be allowed to give applicant Student Loan Repayment Program, owes about $10,000 has never been to advance camp nor basic…applicant statement is enclosed.  Applicant ineligible for incentive as having been contracted with the ROTC department."

5.  The applicant's debt was established as $32,615.00; however, he indicates that he is now indebted in the amount of $34,608.00.  It appears that he has not made any attempt to repay his ROTC scholarship debt, and the increased amount of the debt is probably a result of accrued interest.

6.  In an advisory opinion, the U. S. Army Cadet Command noted that the applicant's voluntary enlisted service in the Regular Army is not an authorized remedy for debt repayment under the terms of the ROTC contract and recommended that his voluntary enlistment not reduce the amount he is required to reimburse the United States for his advanced educational assistance.

7.  On 7 November 2006, the applicant was provided a copy of the advisory opinion for comment or rebuttal.  To date, the applicant nor his mother, have not responded to this opinion.  The applicant was due to return from Iraq in December 2006.

8.  Army Regulation 145-1 (Reserve Officers' Training Corps -Senior Reserve Officers' Training Corps Program: Organization, Administration, and Training) prescribes policies and general procedures for administering the Army's Senior Reserve Officers' Training Corps (SROTC) Program.  This provides in pertinent part that a scholarship or non-scholarship cadet under consideration for involuntary call to active duty for breach of contract will be so ordered within 60 days after they would normally complete baccalaureate degree requirements or the cadet is no longer enrolled in school.  Graduate students may not be ordered to active duty until they complete the academic year in which they are enrolled or disenroll from the school, whichever occurs first.  The cadet will not be discharged/disenrolled from the ROTC program until a determination has been received from Headquarters, Cadet Command.  If it is determined the cadet will be ordered to active duty, the cadet will not be discharged, and Headquarters, Cadet Command will issue active duty orders.

9.  Army Regulation 37-104-3 (Finance Update) provides the policies and provisions for entitlements and collections of pay and allowances of military personnel.  Chapter 59 currently in effect, provides for recoupment of educational expenses, e.g., ROTC, United States Military Academy, and advanced civilian schooling under a previous agreement when obligated active duty service has not been completed.

10.  Title 10, United States Code, section 2005, serves as the authority for reimbursements for advanced education assistance.  It states, in pertinent part, that individuals who fail to complete the terms of their advanced education assistance agreement will reimburse the United States for the unserved portion not fulfilled.

DISCUSSION AND CONCLUSIONS:

1.  Although not provided for in his DA Form 597-3, the applicant’s 8 September 2004 enlistment in the Army served the same purpose as would have been served had he been ordered to active duty in the Army.  The Army is still getting the benefits of his service for a period of three years.  He would have owed the Army 3 years had he been ordered to active duty.  As a matter of equity it would be appropriate to consider his enlistment in the Army to have met the active duty obligation required by his ROTC scholarship contract.   

2.  If the applicant fails to complete the period of enlisted service obligated as a result of his ROTC scholarship either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis.

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.  The applicant enlisted in the Army in the grade of E-3 and received a cash enlistment bonus of $6,000.00. 

4.  The prospect of negating the applicant's $32,615.00 debt for a free education he received from the Army without becoming an officer, plus allowing him to receive any enlistment bonus he ordinarily would not have received, would be a windfall.  While the Board has no jurisdiction to stop any enlistment bonus, any such bonus would be legitimate factors to consider in granting or denying equitable relief regarding the ROTC debt.

5.  The applicant's enlistment contract did not provide for repayment of his ROTC scholarship debt.

6.  Given the above, the applicant's record should be corrected as shown below. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jea___  __jlp___  __eem___  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 partial 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 that he would satisfy a portion of the $32,615.00.00 ROTC debt under the original terms of the ROTC contract by successfully completing his current enlistment in the Regular Army.

2.  The portion of the ROTC debt that would be satisfied by the above correction will be the total amount of the ROTC debt minus the $6,000.00 he received as a cash enlistment bonus (excluding any taxes taken from this bonus).  

3.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to complete relief of his ROTC scholarship debt.




							James E. Anderholm
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060011941
SUFFIX

RECON

DATE BOARDED
20070206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
128.1000
2.

3.

4.

5.

6.