IN THE CASE OF:	  

		BOARD DATE:	  3 May 2011

		DOCKET NUMBER:  AR20100021027 


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 forgiveness of debt she incurred when she disenrolled from the Army Reserve Officers' Training Corps (ROTC) Program.

2.  The applicant states, in effect, the U.S. Army Cadet Command (USACC) indicated they would support forgiveness of her scholarship debt if she received an appointment through a means other than the Army ROTC Program by 31 December 2010.  She states she has met this requirement.

3.  She provides copies of a:

* Memorandum notifying her of disenrollment from the ROTC Program
* DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record)
* DA Form 71 (Oath of Office - Military Personnel)
* NGB 337 (Oaths of Office)
* Army National Guard (ARNG) Officer Candidate School (OCS) diploma
* A Letter and an Account Statement from the Defense Finance and Accounting Service (DFAS)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Indiana ARNG (INARNG) on 21 November 2005.  She entered active duty for initial entry training on 9 May 2006 and she was honorably released from active duty and returned to the INARNG on 1 September 2006.  She was trained in and awarded military occupational specialty 88M (Motor Transport Operator).  

2.  On 28 November 2006, she executed a DA Form 597-3 (Army Senior Reserve Officers' Training Corps (ROTC) Scholarship Cadet Contract) to accept a 2-year ROTC scholarship.  Paragraphs 5a and 5b of the contract show she agreed that, once she became obligated, if she was disenrolled from the program she would be ordered to active duty as an enlisted Soldier for a period of 4 years or be required to reimburse the U.S. Government the entire amount of financial assistance with interest.  

3.  Her record includes an OCS diploma showing she graduated from the ARNG OCS on 19 March 2010.  An NGB Form 22 (Report of Separation and Record of Service) shows she was discharged from the INARNG on the same date.  

4.  On 20 March 2010, she was sworn into the Army of the United States in the rank of second lieutenant.

5.  Special Orders Number 135AR (Extract), issued by the National Guard Bureau on 24 June 2010, announced the extension of Federal recognition to her effective 20 March 2010.  

6.  The Integrated Total Army Personnel Database shows she is assigned to the Active National Guard of the United States Control Group.

7.  She provides a memorandum, dated 23 November 2009, from the USACC showing she was disenrolled from the ROTC Program under the provisions of Army Regulation 145-1 (Senior Reserve Officers' Training Corps Program: Organization, Administration, and Training), paragraph 3-43a(1), to allow her to receive an appointment or enter an officer-producing program other than Army ROTC.  

8.  The memorandum informed her that:

* due to her release from the ROTC Program she had incurred an obligation to repay a total of $13,365.26 that was spent in support of her education 
* she could apply to the Army Review Boards Agency for a waiver of repayment of the debt
* the USACC would support her appeal and recommend forgiveness of the scholarship debt if she received her appointment by 31 December 2010 

9.  She provides a letter and account statement from DFAS, dated 12 July 2010, showing she was notified she was obligated to repay $13,365.26 which was the amount that was spent in support of her education.

10.  Army Regulation 145-1 states scholarship cadets will be disenrolled for several reasons, one of which is to receive an appointment or enter an officer training program other than ROTC.  The release must be approved by the Region Commander or higher headquarters.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record partially supports the applicant's request for forgiveness of debt she incurred when she disenrolled from the Army ROTC Program.

2.  She was disenrolled from the ROTC Program to enter an officer-producing program other than Army ROTC.  She successfully completed ARNG OCS and received a Reserve commission on 20 March 2010.  She is currently a member of the INARNG serving in an active status.  

3.  Her ROTC scholarship contract specified that if she was disenrolled she could be ordered to active duty as an enlisted Soldier for a period of 4 years or be required to reimburse the U.S. Government the entire amount of financial assistance she received with interest. 

4.  She has requested and USACC recommended forgiveness of her scholarship debt; however, to forgive the debt would be premature.  Her debt should not be forgiven until she has completed a period of service comparable to that required by the disenrollment provisions of her contract.  In this case, it would be appropriate to amend her ROTC contract by adding a paragraph 5f stating, in effect, her debt will be satisfied and waived after 4 years of commissioned service in the Regular Army or a Reserve component.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following paragraph to her DA Form 597-3 as paragraph 5f:

Any debt incurred as a result of my disenrollment from the ROTC program will be satisfied and waived if I accept an appointment as an officer through another commissioning source and serve 4 years in the Army National Guard, Army Reserve, or Regular Army.  If I receive such an appointment, no action will be taken to recoup my ROTC debt unless I am discharged before completing this 4-year service obligation.

2.  If the applicant serves her contractual 4-year obligation, no debt will accrue.  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 then be required to be recouped on a pro-rated basis.

3.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to forgiveness of the debt 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)                                         AR20100021027



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ABCMR Record of Proceedings (cont)                                         AR20100021027



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