IN THE CASE OF:	  

		BOARD DATE:	  3 February 2009

		DOCKET NUMBER:  AR20080014518 


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, in effect, that his Reserve Officer Training Corps (ROTC) scholarship debt, in the amount of $8,814.00, be cancelled. 

2.  The applicant states, in effect, that he believes that his active duty service time more than repays the loan.  He also states that he has served over 3 years on active duty and has reenlisted for an additional 4 years.  He has also been deployed to combat for 14 months.

3.  In support of his application, the applicant provides copies of his DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), his ROTC disenrollment memorandums, his DD Form 139 (Pay Adjustment Authorization), his 2005 and 2007 DD Form 4/1 (Enlistment/Reenlistment Document/Armed Forces of the United States), and his deployment orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted as a cadet on 5 October 2001 contracted under the ROTC Scholarship Cadet Program, for a period of 4 years, with a completion date of May 2003.

2.  The applicant provided a copy of a memorandum from Headquarters, US Army Cadet Command, Central Michigan University, Mount Pleasant, Michigan, dated 1 December 2004, Subject: Disenrollment from the USAR ROTC Program. It stated that action was being initiated to disenroll the applicant from the ROTC
program due to his failure to meet the same requirements of the Army Weight Control Program and the Army Physical Fitness Test (APFT) as required of active duty Soldiers.  

3.  The applicant enlisted in the United States Army Reserve (USAR) on 6 January 2005, for a period of 8 years.  He enlisted in the Regular Army (RA), in the rank private first class (PFC), pay grade E-3, on 20 January 2005, for 4 years.  In addition to entering the Army in the rank of PFC, the applicant also received a $20,000 enlistment bonus.  

4.  The applicant provided a copy of a memorandum from Headquarters, US Army Cadet Command, Fort Monroe, Virginia, dated 11 May 2005, Subject:  Disenrollment from the USAR ROTC Program.  It states that the applicant was disenrolled from the ROTC Program, under the provisions of Army Regulation 145-1, paragraph 3-43a(16).  Disenrollment was due to a breach of contract based on the applicant’s failure to meet the same requirements of the Army Weight Control Program and the APFT as required of active duty Soldiers.  The memorandum also states that when the ROTC scholarship contract is breached, any obligation to the Army must be satisfied through order to active duty in an enlisted status or by repaying the cost of advanced education assistance provided by the Army.  His total amount of education assistance amounted to $8,814.00.  He was informed of his options. 

5.  On 27 May 2005, the applicant elected to repay the total amount owed of $8,814.00, in monthly installments to fulfill his contractual obligation.  On 10 June 2005, a debt was established with the Defense Finance and Accounting Service (DFAS) – Denver Center.  

6.  The applicant reenlisted on 15 August 2007, in pay grade E-4, for 6 years and is currently assigned at Fort Carson, Colorado.

7.  In an advisory opinion, dated 4 November 2008, the Deputy Chief of Staff, G1, of Headquarters, US Army Cadet Command, Fort Monroe, Virginia, stated that the terms of the scholarship contract required that a cadet either repay the debt monetarily or agree to be ordered to active duty through ROTC channels based on the needs of the Army.  The applicant was offered these options on 11 May 2005, after being disenrolled from the ROTC Program for breach of contract.  He was aware of the options to enter active duty through cadet command channels in repayment of his scholarship debt.  Instead, he chose to repay in monthly installments and a debt was established with DFAS on 10 June 2005.

8.  The G1 official also stated that based on the information on the enclosed application, the applicant was currently serving on active duty with the US Army for a total of 6 years.  His current active duty service commitment was not the result of being ordered to active duty through ROTC channels in satisfaction of his ROTC contractual obligation.  The applicant's original enlistment and reenlistment in the Army was not an authorized remedy for debt repayment under the terms of the ROTC contract.  He has received a $20,000.00 enlistment bonus in addition to the $8,814.00 in scholarship benefits he received as a scholarship cadet.  The G1 official concluded that the applicant should be required to repay the scholarship benefits in accordance with his ROTC contract.  

9.  The advisory opinion was provided to the applicant for his acknowledgement and/or rebuttal on 14 November 2008.  He did not respond.

10.  Army Regulation 145-1 prescribes polices and general procedures for administering the Army’s Senior ROTC (SROTC) Program.  This regulation specifies in pertinent part that 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 potential ROTC cadet.  The form contains the promises made between the Army and the potential cadet, and includes what action the Army will take in the event that a cadet fails to successfully complete the terms of the contract.  The applicant acknowledged that he understood and agreed that if he was disenrolled from the ROTC program during Military Science II, he could be called to active duty for a period of two years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his 4-year enlistment in the RA should fulfill his obligation under his breached ROTC contract was carefully considered.  However, the applicant's ROTC contract called for an expeditious call to active duty through ROTC channels at the needs of the Army without the benefit of advancement in grade or other incentives he received in connection with his RA enlistment.

2.  Had the applicant been ordered to active duty as a result of breaching his ROTC contract to repay his debt for educational benefits he received, he would have been assigned against the needs of the Army, in pay grade E-1, and not allowed any enlistment options/incentives.  However, the evidence shows he enlisted in the RA in the pay grade of E-3 and was authorized a $20,000.00 enlistment bonus.

3.  Although the applicant enlisted in the Army and his enlistment has provided many satisfactory returns to the Army, the evidence shows that prior to signing an agreement to repay his debt to the government in monthly installments he enlisted in the Army's delayed enlistment program in preparation for entry into the Regular Army and availed himself of incentives that would not otherwise have been available to him.  The evidence also shows that the applicant used the education he received, in exchange for future officer service, to entitled himself to a $20,000.00 bonus and entry into the Army at a higher entry pay grade than he could have otherwise expected had he not been provided the government funded education.

4.  Cancelling the applicant's debt and in effect providing him a free education without his having become an officer, plus allowing him to receive enlistment incentives would be a windfall.  Since the applicant's disenrollment from the ROTC program was due to his failure to meet standards, it would not be appropriate to grant the requested relief in this case.  

5.  In view of the foregoing, there is no basis for granting 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.




      _______ _   __x_____   ___
               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.

ABCMR Record of Proceedings (cont)                                         AR20080014518



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ABCMR Record of Proceedings (cont)                                         AR20080014518


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