RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20070018004
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
Member
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, in effect, that his Reserve Officers Training Corps (ROTC) debt be waived.
2. The applicant states that his debt was supposed to be relieved because of his later re-enrollment in the Army ROTC. He has gone as far as to accept an active duty commitment beyond the requirement established by his ROTC scholarship contract. He adds that he is not in breach of his contract since he is now serving on active duty as a commissioned officer.
3. The applicant provides excerpts from his military personnel and finance records.
CONSIDERATION OF EVIDENCE:
1. The applicants official records were not available to the ABCMR. The documents used in the consideration of this case were provided by the applicant, himself.
2. On 9 August 2004, the applicant was notified that he was disenrolled from the ROTC program due to breach of contract for failure to maintain a minimum grade point average. He was informed that his ROTC scholarship monies had to be satisfied through order to active duty in an enlisted status or by repaying the cost of advanced education assistance provided by the Army.
3. On 23 August 2004, the applicant elected to repay the debt in the amount of $4,924.25 in monthly installments, plus interest on the amount owed.
4. On 2 May 2006, the applicant was granted an exception to policy to reenroll in the Army ROTC program while in a repayment status. On 11 May 2006, that exception to policy approval was forwarded to the applicants Professor of Military Science (PMS). In the forwarding memorandum, it was stated that Since [the applicants] original ROTC contract and enlistment were terminated when he was disenrolled, execute a new ROTC contract.
5. On 4 May 2006, the applicant executed a second, non-scholarship, ROTC contract. He successfully completed ROTC and was commissioned as a second lieutenant on 16 July 2007 and entered active duty with a 6-year active duty service obligation (ADSO) on 2 August 2007.
6. In the processing of this case, an advisory opinion was obtained from the U.S. Army Cadet Command. In the opinion the facts of the applicants case were chronicled and it was recommended that the applicants ROTC scholarship debt be suspended pending completion of his ADSO since he is now serving on active duty as an officer.
7. A copy of the advisory opinion was provided to the applicant for comment or rebuttal. As of 3 April 2008, the applicant had not submitted a rebuttal.
DISCUSSION AND CONCLUSIONS:
1. The applicant was disenrolled from the ROTC program for breach of contract in August 2004 and he elected monetary repayment. That election finalized the terms of the applicants ROTC scholarship contract.
2. While the applicant entered into a second, non-scholarship contract, neither the execution of that contract nor his subsequent commission as a second lieutenant had any bearing on the debt he incurred when he elected monetary repayment of his scholarship contract. These were new contracts which stood alone.
3. However, the applicant's completion of ROTC, his commission as a second lieutenant, and his 6-year ADSO serves more than the same purpose as would have been served had he complied with the terms of his initial ROTC scholarship contract. The Army is getting the benefits of his service for the period of his
6-year ADSO as an officer. As such, as a matter of equity, it would be appropriate to consider his completion of ROTC, his commission as a second lieutenant, and his 6-year ADSO to have met the terms of his ROTC scholarship contract.
4. However, if the applicant fails to complete that portion of his ADSO for the period he would have been obligated as a result of his ROTC scholarship contract, either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis.
BOARD VOTE:
__PHM __ __KSJ__ __JGH__ GRANT FULL RELIEF
________ ________ ________ 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 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 he would satisfy the service obligation under the original terms of the ROTC contract by successfully completing two years of service on active duty as a commissioned officer.
2. If the applicant fails to complete the period of service obligated as a result of his amended ROTC scholarship contract either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis.
___ PHM ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018004
3
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
ARMY | BCMR | CY2001 | 2001064912C070421
An addendum was then added to his ROTC scholarship contract, which advised the applicant that his debt was $11,972, and presented him options for repayment. a. amending the applicant’s ROTC scholarship contract to show, that as an exception to policy, he would satisfy the service obligation under the original terms of the ROTC contract as a commissioned officer in the Air Force; d. showing that if he fails to complete three years of active duty service obligated as a result of his amended...
ARMY | BCMR | CY2008 | 20080010773
The applicant provides a copy of web orders from the U.S. Marine Corps, dated 7 January 2008; a memorandum, subject: Disenrollment from the U.S. Army ROTC Program, dated 29 July 2005; his U.S. Army Advanced Education Financial Assistance Record; his Addendum to Part I Scholarship Contractual Agreement; his DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract); his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States); a memorandum, subject: Scholarship...
ARMY | BCMR | CY2007 | 20070015263
Paragraph 7d of the applicant's DA Form 597-3 states, "I understand and agree that if I am disenrolled from the ROTC program or if I fail to accept a commission, if offered, the Secretary of the Army or his designate may order me 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 financial...
ARMY | BCMR | CY2013 | 20130015857
On 18 January 2012, in a memorandum addressed "To Whom It May Concern," the applicant stated he had been accepted into another commissioning program, the U.S. Army JAG Corps' active duty program, and requested to be disenrolled from the University of Louisville ROTC Program. His records show he is currently serving on active duty in the Regular Army as a JAG Corps captain/O-3. Scholarship cadets may be disenrolled to receive an appointment or enter an officer training program other than ROTC.
ARMY | BCMR | CY2008 | 20080010931
In paragraph 5a of the applicants ROTC contract, he acknowledged that, under the terms of this contract, the Secretary of the Army could order him to active duty as an enlisted Soldier, if he was qualified, for a period of not more than four years if he failed to complete the ROTC program. The opinion stated that his enlisted service in the U.S. Navy is not an authorized remedy for debt repayment under the terms of the ROTC contract. As a result, the Board recommends that all Department...
ARMY | BCMR | CY2014 | 20140018077
The applicant states: * he is not in possession of his complete Army record despite requests for it, but he has submitted all documents in his possession with his request * he has always had the desire to serve in the Army as a chaplain * he enrolled in the ROTC Program at Baptist Bible College, Pennsylvania and executed an Army Senior ROTC Scholarship Cadet Contract to achieve that goal * he understood his obligations under the contract to consist of remaining enrolled as a full-time...
ARMY | BCMR | CY2008 | 20080014757
The applicant provides copies of her ROTC contract, ROTC disenrollment documents, ARNG enlisted discharge and commissioning order, her Oaths of Office, her acceptance of command of the 838th Military Police Company, her Federal recognition orders, two sets of orders to active duty for training, and four Leave and Earnings Statements (LESs). Had the applicant accepted entry onto active duty in lieu of repaying her ROTC debt, she would have been obligated to serve on active duty in an...
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 | CY2006 | 20060016402
The applicant states, in effect, that the conditions of his ROTC scholarship reimbursement of debt stated that he must either make monetary repayment or agree to be ordered to active duty, and he elected to enlist in the United States Air Force for 6 years. It also stated that the applicant's decision to breach the term of his ROTC contract by enlisting in the Air Force was a voluntary action. It further stated that the applicant's enlistment into the Air Force is not an authorized remedy...
ARMY | BCMR | CY2013 | 20130011773
He was disenrolled from ROTC during his third year. b. Paragraph 3-39 states a non-scholarship cadet may be disenrolled by the PMS and a scholarship cadet may be disenrolled only by the Commanding General (CG), ROTC Cadet Command. The evidence of record confirms the applicant was accepted into an Army ROTC scholarship program.