IN THE CASE OF:	  

		BOARD DATE:	        31 March 2009

		DOCKET NUMBER:  AR20090000314 


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 her Reserve Officer's Training Corps (ROTC) scholarship debt be forgiven.  

2.  The applicant states that she was enrolled and contracted in ROTC at Arizona State University from Fall 2003 to Spring 2006 and on a full ROTC scholarship.  She was disenrolled from ROTC and opted to pay the money back by selecting the option that would have allowed her to serve on active duty as an enlisted member.  When she returned to home, she contacted officials at Arizona State University several times inquiring about when she would be ordered to active duty but they did not know.  When she did not get word from anyone regarding her orders, she realized that she only had two semesters left to finish up her bachelor degree.  She subsequently enrolled in courses at Liberty University in Lynchburg, VA.  However, her active duty ordered arrived after her enrollment at Liberty.  She contacted the Cadet Command for assistance and was told by an official that her active duty orders would be amended and that as soon as she completed her college degree, she should contact a recruiter to join the Army through Officer Candidate School (OCS), and that the debt would be forgiven.  She ultimately joined the Army and is currently undergoing training.

3.  The applicant provides copies of Orders 241-015 and 333-01, issued by Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, on 29 August 2006 and 28 November 2006; a copy of letter of indebtedness, dated 1 December 2008, from the Defense Finance and Accounting Services (DFAS), Indianapolis, IN; and a copy of her Liberty University diploma, dated 8 January 2008, in support of her request.  
CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U. S. Army Reserve (ROTC Control Group) on 11 September 2003.  Paragraph 5 (Terms of Disenrollment) of her 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 ordered to serve.  

2.  Paragraph 6 (Enlisted Active Duty Service Obligation) of her DA Form 597-3 states that if he were called to active duty for breach of contract under the provisions of paragraph 5, he would be ordered to active duty for 2 years if the breach occurred during Military Science (MS) II; for 3 years if the breach occurred during MS III; or for 4 years if the breach occurred during MS IV.

3.  On 8 May 2006, the U.S. Army Cadet Command notified the applicant by memorandum of the initiation of her disenrollment from the ROTC program due to breach of contract for failure to meet the requirements of the Army Weight Control Program (WCP) and the Army Physical Fitness test (APFT) as required for active duty Soldiers prior to the end of the last school term of the MS III year.  She was subsequently placed on leave of absence in accordance with paragraph 3-43a(8) of Army Regulation (AR) 145-1 (Senior Reserve Officer’s Training Corps Program: Organization, Administration, and Training) pending her disenrollment from the ROTC program.

4.  On 16 May 2006, the applicant acknowledged receipt of the disenrollment notification.  She waived her right to a hearing, acknowledged that the amount and validity of her scholarship debt as stated in the disenrollment memorandum was correct, waived the opportunity to present matters regarding the amount or validity of her indebtedness before a board or investigating officer, and elected to accept expeditious call to duty in fulfillment of her contractual obligation.

5.  The applicant further acknowledged that she understood that her active duty would be contingent on the disenrollment proceedings and that if she were eligible to serve on active duty, the Cadet Command would approve her action, based on her request, ordering her to active duty as a private (PV1)/E-1 in the active Army for a period of 3 years.  



6.  On 29 August 2006, by memorandum, the Deputy Chief of Staff, G-1, U.S. Army Cadet Command, Fort Monroe, VA, notified the applicant that she was disenrolled from the ROTC program in accordance with AR 145-1 and that she was subsequently ordered to active duty for a period of 36 months.

7.  On 29 August 2006, Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, published Orders 241-015, ordering the applicant to active duty for a period of 36 months and directing the applicant to the Reception Replacement Battalion, Fort Jackson, SC, on 24 October 2006.

8.  On 16 November 2006, the applicant submitted an addendum to her ROTC scholarship contractual agreement indicating that she elected to repay the total amount owed, $30,500.00, in monthly installments, plus interest on the amount owed, as specified in his scholarship contract.  

9.  On 16 November 2006, by letter, the applicant notified DFAS that she had agreed to repay the debt in monthly payments; however, she was unable to repay any monies at the time due to her full time enrollment in college.  She also indicated that she still intended to serve the Army after she completed her college degree. 

10.  On 28 November 2006, Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, published Orders 331-001, revoking orders 241-05, issued by the same Headquarters, on 29 August 2006.

11.  On 22 December 2006, by memorandum, the Commander, US Army Cadet Command Fort Monroe, VA, notified the applicant that she was disenrolled from the ROTC program in accordance with AR 145-1 due to breach of contract.  The memorandum informed the applicant of her obligation to satisfy the terms of her ROTC contract through active Army duty in an enlisted status or through the repayment of the cost of the educational assistance provided by the Army, then valued at $30,500.00.

12.  There is no indication in the applicant's records that she acknowledged receipt of the memorandum under which she was being disenrolled from the ROTC program. 

13.  On 1 December 2008, by letter, DFAS-Indianapolis, notified the applicant that this (letter) was her notice on her delinquent debt or indebtedness in the amount of $36,169.52 for the recoupment of education expenses paid on her behalf during her participation in the ROTC program.

14.  On 3 September 2008, the applicant enlisted in the Regular Army for a period of 3 years.  Item 1 (Acknowledgement) of her DA Form 3286 (Statement for Enlistment) shows she enlisted for the U.S. Army Loan Repayment Program (LRP) in addition to U.S. Army Officer/Warrant Officer Enlistment Program (UNCS).  She subsequently completed basic combat training at Fort Jackson, SC, and proceeded to Fort Benning, GA, to attend OCS.

15.  During the processing of this case, an advisory opinion was obtained from the United States Army Cadet Command (USACC) on 13 February 2009.  The Deputy Chief of Staff, G1, stated that the terms of the ROTC scholarship contract require a cadet to either repay the debt monetarily or agree to be ordered to active duty through ROTC channels based on the needs of the Army.  Originally, the applicant elected expeditious call to active duty on 16 May 2006.  However, on 16 November 2006, she agreed to repay the debt in monthly installments.  Based on her agreement to repay the debt, her orders were revoked and she was formally offered the repayment option on 22 December 2006 after being disenrolled from the ROTC program for breach of contract.  She subsequently returned the repayment option election form and a debt was established with DFAS-Denver on 11 January 2007.  

16.  The USACC Deputy Chief of Staff G-1 further added that based on the applicant’s petition to the ABCMR, the applicant is currently serving on active duty for a total of three years.  Her current active duty service commitment is not the result of being ordered to active duty through ROTC channels in satisfaction of her ROTC contractual obligations.  Her enlisted service is not an authorized remedy for debt repayment under the terms of the ROTC contract.  Therefore, the G1 added, she should be required to repay the scholarship benefits, $30,500.00, in accordance with her ROTC contract.

17.  On 25 February 2009, the applicant was provided with a copy of the USACC advisory opinion in order to have an opportunity to respond to its contents.  She submitted a rebuttal on 6 March 2009, in which she states that she enlisted and attended basic training at Fort Jackson, SC, in September 2008.  She then proceeded to OCS at Fort Benning, GA, on 19 February 2009 and is now a Signal Corps second lieutenant and reported to Fort Gordon, GA, on 8 March 2009 to attend the Basic Officer Course.  She also states that she is aware that she breached the ROTC contract but had every intention to pay back her ROTC debt by serving in the military and despite the several mistakes and obstacles she faced along the way, she intends to stay the course and serve her country to the best of her abilities and lead Soldiers. 



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant was accepted into an Army ROTC scholarship program and that she failed to satisfy the contractual requirements of this program due to her failure to pass the APFT and meet the height/weight standards requirements.  She was disenrolled from the ROTC program and was subsequently found in breach of her ROTC contract.  She was, therefore, offered the opportunity to be ordered to active duty in an enlisted status in lieu of repaying the debt.  She elected this option and expressed a willingness to serve on active duty the required 4-year obligation in an enlisted status, which could have resulted in her avoiding the current debt.  Accordingly the USACC published reassignment orders in August 2006.

2.  The evidence of record also shows that subsequent to her disenrollment from the ROTC program at Arizona State, she relocated to VA and was enrolled at a later date at Liberty University.  Months later, specifically in November 2006, she changed her mind and agreed to repay the total amount that she owed to DFAS in monthly installments.  Based on this agreement to repay the ROTC debt, her reassignment orders were revoked.

3.  The evidence of record also shows that the applicant enlisted in the Regular Army some 2 years after her disenrollment from the ROTC program for the U.S. Army Loan Repayment Program in addition to the U.S. Army Officer/Warrant Officer Enlistment Program and is now serving on active duty with for a period of 3 years.  Her current active duty service commitment is not the result of being ordered to active duty through ROTC channels in satisfaction of her ROTC contractual obligation.  

4.  Nevertheless, although not provided for in her DA Form 597-3, the applicant’s 3-year enlistment on 3 September 2008 in the Regular Army, if adjusted to add one more year, serves the same purpose as would have been served had she been ordered to active duty in the Army.  The Department of Defense continues to get the benefits of her service during her current 3-year enlistment (4 years when adjusted).  She would have owed the Army 4 years had she been ordered to active duty.  Therefore, as a matter of equity it would be appropriate to consider her enlistment in the Army to have met the active duty obligation required by her ROTC scholarship contract.






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 her ROTC scholarship contract to show that she would satisfy the $30,500.00 debt under the original terms of the ROTC contract by successfully completing 4 years of active duty service in the Regular Army.

2.  If the applicant fails to complete the period of service obligated as a result of her amended ROTC scholarship contract either voluntarily or because of misconduct, her ROTC debt would be required to be recouped on a pro-rated basis in accordance with her DA Form 597-3.



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      _______ _   _______   ___
       	   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)                                         AR20090000314





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ABCMR Record of Proceedings (cont)                                         AR20090000314



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