IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100019929
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 that the debt he owes due to his disenrollment from the Purdue Reserve Officers' Training Corps (ROTC) Program be prorated for the time he served on active duty.
2. The applicant states he served 1 year on active duty and he deployed to Afghanistan. He states he was informed that his debt might be prorated for the time he served.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 June 2010
* Addendum to Part I Scholarship Contractual Agreement
* DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract)
* DA Form 5351-R (U.S. Army Advanced Education Financial Assistance Record), dated 23 July 2007
* notification of initiation of ROTC Program disenrollment, dated 24 May 2007
* acknowledgement of cadet disenrollment from the ROTC, dated 5 June 2007
* memorandum for record, dated 29 May 2007
* memorandum notifying him of his disenrollment from the U.S. Army ROTC Program, dated 6 August 2007
* Defense Finance and Accounting Service (DFAS)-Indianapolis Debt and Claims Account Statement
* U.S. Army Cadet Command Form 133-R (Privacy Act Statement Army Senior ROTC Disenrollment Proceedings), dated 5 June 2007
CONSIDERATION OF EVIDENCE:
1. On 20 September 2004, the applicant entered into an ROTC Scholarship Cadet Contract. By signing the contract, he acknowledged his understanding of the conditions of the contract and that he concurred with them. He further acknowledged his understanding that if he failed to complete the educational requirements of his agreement or was disenrolled from the ROTC Program, the Secretary of the Army or his designee could order him to active duty as an enlisted Soldier or, in lieu of being ordered to active duty, he could be required to repay financial assistance he received through the ROTC Program, plus interest.
He incurred a 4-year active duty service obligation based on his ROTC scholarship benefits.
2. On 24 May 2007, the applicant was notified that he was being disenrolled from the ROTC Program based on his failure to maintain a minimum semester or cumulative academic grade point average (GPA) of 2.0 on a 4.0 scale. His Spring 2007 semester GPA was 1.83 on a 4.0 scale. He was advised of his right to a hearing and he was told he may be called to active duty in pay grade E-1 or be required to repay scholarship benefits in the amount of $14,350.00.
3. The applicant acknowledged receipt of the notification on 31 May 2007. On 5 June 2007, he waived his right to a hearing and elected to decline expeditious call to active duty.
4. On 6 August 2007, the applicant was disenrolled from the ROTC Program. In the disenrollment Addendum to Part I Scholarship Contractual Agreement, the applicant was given the option to either repay the debt in a lump sum or in monthly installments. He elected to make repayment in monthly installments with interest and a debt was established with DFAS. He signed this addendum on 17 August 2007.
5. The applicant submits a DD Form 214 which shows he served on active duty in Afghanistan in support of Operation Enduring Freedom from 11 June 2009 through 29 June 2010 as a member of the Indiana Army National Guard.
6. Army Regulation 37-104-4 (Military Pay and Allowances Policy) provides the policies and provisions for entitlements and collections of pay and allowances of active duty Soldiers in conjunction with Department of Defense Financial
Management Regulation, volume 7. Chapter 31 states that recoupment will apply to a number of education programs, including Senior Reserve Officers' Training Corps.
7. Chapter 31 of Army Regulation 37-104-4 further states that recoupment applies to those individuals who have signed an agreement that contains recoupment provisions. Recoupment action will be taken at transition when the personnel and finance communities identify a Soldier or cadet as being eligible for recoupment action. The Finance Office/Defense Military Pay Office will offset all final pay and allowances due to the Soldier on transition against the amount of the cost of advanced education due to the U.S. Government.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting documents have been considered.
2. The terms of the scholarship contract required him to either repay the debt monetarily or agree to be ordered to active duty based on the needs of the Army. He declined expeditious call to active duty.
3. Although he has now been mobilized for one year, given the increased operational tempo currently being experienced by Reserve Component units, the applicant most likely would have been ordered to active duty anyway.
4. He did not satisfy his ROTC contractual obligation. Therefore, his request should be denied.
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 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) AR20100019929
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ABCMR Record of Proceedings (cont) AR20100019929
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