IN THE CASE OF:
BOARD DATE: 13 NOVEMBER 2008
DOCKET NUMBER: AR20080011493
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests the debt of $11,243.00 she incurred when she was disenrolled from the Reserve Officers' Training Corps (ROTC) be remitted.
2. The applicant states that she entered active duty on 6 April 2006 in an enlisted status and is still serving on active duty. She was told that if she served on active duty for at least 24 months her debt would be resolved and she could ask for correction of her records to reflect that resolution.
3. The applicant provides a letter from the Defense Finance and Accounting Service (DFAS), her ROTC records, and excerpts from her enlisted military records in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show that on 31 August 1999, the applicant executed a DA Form 597-3, Army Senior Reserve Officers Training Corps (ROTC) Scholarship Cadet Contract for a 3-year scholarship. In that contract the applicant acknowledged that if she was disenrolled from the ROTC program she may be ordered to active duty as an enlisted soldier for a period of not more than 4 years or, in lieu of being ordered to active duty, she may be required 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 her advanced education from the commencement of this contractual agreement to the date of her disenrollment.
2. On 23 April 2004, Central Personnel Security Clearance Facility (CCF) wrote the applicant informing her that credit reports identified delinquent accounts and requesting information pertaining to those accounts. In that letter the applicant was informed that if a response was not received within a specified timeframe, action would be initiated to deny her security clearance.
3. On 25 June 2004, disenrollment proceedings were initiated against the applicant for failure to provide necessary paperwork in order for her to obtain a security clearance.
4. On 12 October 2004, the applicant opted to make repayment of her scholarship debt.
5. On 6 April 2006, the applicant enlisted in the Regular Army for 4 years in pay grade E-4. In addition to the enlistment in a higher pay grade than which is normal, the applicant also enlisted for three types of cash bonuses, the training of choice option, and the Student Loan Repayment Program (SLRP).
6. On the date the applicant submitted her request to the Board, she was serving on active duty in pay grade E-5.
7. In the processing of this case, on 5 September 2008, an advisory opinion was obtained from the United States Army Cadet Command. The Cadet Command stated that the applicant elected to repay her scholarship debt. The Cadet Command continued that while the applicant is currently obligated to serve on active duty in the Army, her active duty service obligation is not the result of her being ordered to active duty through ROTC channels in satisfaction of her ROTC contractual obligation. The applicants active duty service in the Army is not an authorized remedy for debt repayment under the terms of her ROTC contract and should not eliminate her debt. The Cadet Command adds that the applicant's bonuses totaled $24,000, which exceeds her ROTC scholarship debt of $11,243. The Cadet Command concludes that the applicant should be required to repay her scholarship benefits in accordance with her contract.
8. On 17 September 2008 the applicant was provided a copy of the advisory opinion and given the opportunity to respond. She has not responded to date.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her enlistment in the Regular Army fulfills her obligation has been carefully considered and found to have merit. Although her ROTC contract called for an expeditious call to active duty through ROTC
channels based on the needs of the Army, without the benefit of advancement in grade, training of choice, or SLRP, her enlistment in the Regular Army serves the same purpose as would have been served had she been ordered to active duty in the Army through ROTC channels.
2. However, the applicant was also given $24,000 in bonuses, which exceeded the amount of her ROTC scholarship debt.
3. Since the applicant would not have been given a bonus if she had an expeditious call to active duty to satisfy her ROTC scholarship debt, to allow her to keep her enlistment bonuses while remitting her ROTC scholarship debt would unfairly enrich her and give her a benefit not provided to other ROTC cadets.
4. Since the applicant's enlistment bonuses exceed her ROTC scholarship debt, there is no basis to grant the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______XXX_______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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