IN THE CASE OF:	 

		BOARD DATE:	      14 APRIL 2009

		DOCKET NUMBER:  AR20080017385 


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 Officers’ Training Corps (ROTC) scholarship debt be forgiven and that monies already recouped be restored to him.

2.  The applicant states he was told that upon reenrollment into the Army ROTC program that his entire debt would be cancelled once he was commissioned in August 2007.  He states he provided copies of his oath of office and unit information to the Defense Finance and Accounting Service (DFAS) but he has been unable to have the debt canceled and funds restored.

3.  The applicant provides a hand written summary of the amount of money he has paid toward his ROTC scholarship debt ($3,767.33 as of September 2008), copies of his leave and earning statements showing withholding of debt amounts, copies of electronic mail (e-mail) correspondence regarding the validity of his debt, and a copy of his oath of office confirming his appointment as an Army officer following completion of ROTC.

CONSIDERATION OF EVIDENCE:

1.  Documents in records available to the Board indicate the applicant was first admitted to college in the fall of 2002.  He was initially admitted to the ROTC program as a cadet in September 2003 and disenrolled for breach of contract in May 2005.  Contractual documents associated with his initial enrollment and subsequent disenrollment from the ROTC program were not in records available to the Board.  However, documents provided by the applicant indicate that as a result of his disenrollment from the ROTC program, he incurred a debt of $3,767.33 as of May 2005.  

2.  On 17 November 2006 the applicant enlisted in the Army National Guard.  On 15 December 2006 he signed an ROTC non-scholarship cadet contract which indicated that he would receive monthly subsistence payments.  The contract stated that upon completion of all requirements for appointment, including all prescribed military science courses, and other training prescribed, the applicant agreed to accept an appointment as a commissioned officer in the United States Army Reserve or the Army National Guard.  His contract states that if he were disenrolled from the ROTC Program for breach of contractual terms he could be ordered to active duty as an enlisted soldier or transferred to the Individual Ready Reserve if assigned to the ROTC Control Group.

3.  On 22 February 2007 the applicant was promoted to pay grade E-5 in the New York Army National Guard.  His promotion order noted the promotion was for a simultaneous membership program cadet.

4.  On 25 May 2007 the applicant was awarded a Bachelor of Science degree from Hosfstra University.  He was discharged as an enlisted member of the Army National Guard effective 3 August 2007 and on 4 August 2007 was appointed as a Reserve Commissioned Officer of the Army and subsequently executed an oath of office with the New York Army National Guard that same day.

5.  In April 2008 the applicant was ordered to active duty for the purpose of undergoing training as a military intelligence officer.  He completed the training and was released from active duty on 13 August 2008 and returned to his Army National Guard unit.  In February 2009 he was promoted to the rank of first lieutenant in Army National Guard.

6.  According to leave and earnings statements provided by the applicant debt collection procedures began in 2008.  A 4 August 2008 e-mail from the Lead Financial Systems Analyst Debt Management at Cadet Command informed the applicant that she had forwarded a statement to DFAS noting that the applicant’s ROTC debt should have been suspended when the applicant completed the ROTC program and contracted with Army National Guard.  She asked that DFAS suspend collection of the debt and reimburse the applicant "all monies that have been deducted from his pay."  On 24 September 2008 the Cadet Command representative informed the applicant that officials at DFAS had determined that because the applicant was serving in an Army Reserve Component he would have to submit a request to this Board in order for the debt to be canceled and funds returned.
7.  As a scholarship cadet, the applicant would have executed a DA Form 597-3, Part I (Agreement of the Scholarship Cadet Enrolling in the Senior ROTC Advanced Course) as part of his enrollment process into the program.  Part II (Agreement by the Department of the Army) of that form provides the specific aspects of the agreement between the two parties.  Part I, item 9, states "I understand that if I am disenrolled from the ROTC program for any reason or if I fail to accept a commission if offered I may, at the discretion of the Army, be directed, in lieu of being ordered to active duty as a private (E1) for a period specified in paragraph 8 above, to reimburse the United States through repayment of any amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States for my advanced education from the commencement of this contractual agreement to the date of my disenrollment."

8.  During the processing of this case, an advisory opinion was obtained from Headquarters, U.S. Army Cadet Command, Fort Monroe, Virginia.  The Deputy Chief of Staff, G1, confirmed that the applicant was disenrolled from the ROTC Program in May 2005 for breach of contract based on his inaptitude for military service as evidenced by a lack of general adaptability, skill, hardiness, ability to learn or leadership abilities, indifferent attitude and lack of interest in military training as evidenced by frequent absences from military science classes and drill, and an established pattern of shirking.  The opinion noted the applicant was allowed to reenroll in the ROTC Program in August 2006 while in a repayment status with instructions that the collection of his scholarship debt be suspended pending his fulfillment of all ROTC obligations and his acceptance of a commission.  The opinion concluded that since the applicant is currently serving in the Army National Guard to fulfill his service obligation he satisfied his ROTC contractual obligation.  The applicant was provided a copy of the advisory opinion and on 23 March 2009 concurred with the advisory opinion rendered in his case.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant incurred a debt as a result of being disenrolled from the ROTC Program in May 2005.  He was permitted to reenroll in the program in the fall of 2006, successfully completed his education, and accepted an appointment in the New York Army National Guard in August 2007.

2.  The evidence also shows that, as a result of the applicant’s appointment and service with the Army National Guard, the Department of Defense is receiving the equivalent military service benefit it would have gained had the applicant not been disenrolled from the program in 2005.
3.  In view of the facts of this case, it is appropriate to correct the record to show that the applicant has satisfied his ROTC contractual obligation by cancelling his current $3,767.33 ROTC debt and returning to him any monies that have been collected towards payment of that same debt.

BOARD VOTE:

___X_____  ____X____  ___X_____  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 that the applicant satisfied his ROTC scholarship debt of $3,767.33 under the terms of the original ROTC contract by successfully completing the ROTC program and subsequently being appointed as a commissioned officer in the Army National Guard.

2.  That, as a result of the foregoing correction, the Defense Finance and Accounting Service shall cancel the applicant's ROTC debt in accordance with the terms of this correction of records, as outlined above.  In addition, DFAS shall refund payment to the applicant the total amount of any monies garnished and/or recouped as a result of breaching his original ROTC contractual obligation.




      ____________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.

ABCMR Record of Proceedings (cont)                                         AR20080017385



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ABCMR Record of Proceedings (cont)                                         AR20080017385



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