BOARD DATE:	  19 May 2011

		DOCKET NUMBER:  AR20100026488 


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 her debt for not completing the requirements of her Reserve Officers' Training Corps (ROTC) Scholarship be forgiven.

2.  The applicant states she enrolled in James Madison University (JMU) for the Fall 2007 semester as a nursing major and contracted for the Army ROTC Nursing Scholarship on 18 September 2007.  She agreed to serve 4 years of active duty service in the Regular Army and 4 years of Army Reserve service.

	a.  The applicant states she was an active participant in all ROTC activities for more than 2 years, she always represented ROTC in a professional manner, and she was fully committed to her ROTC duties.

	b.  She was informed by ROTC cadre that in order to gain acceptance in the upper-level nursing program she would have to attain a grade point average (GPA) of 2.75 after four semesters.  She was also informed that the ROTC program had an arrangement with the JMU Nursing Department whereby space allocations were reserved within the nursing class.  Based on conversations with ROTC cadre, she was under the impression that if she attained the minimum 2.75 GPA after four semesters, she would be granted a position in the Fall 2009 nursing class.

	c.  She did not attain a 2.75 GPA upon completion of her freshman year.  In her sophomore year she rededicated herself to the nursing program academic requirements.  She was informed by ROTC cadre that she was still on schedule for admittance for the Spring 2010 nursing class.  She adds that during her sophomore year there was a change in senior ROTC officials and also a new department head in the JMU Nursing Department.

	d.  During her third semester (Fall 2008) she participated in several meetings and conversations regarding her academic progress.  She asserts that she was never told it was the JMU Nursing Department's policy that ROTC cadets achieve a 2.75 GPA after three semesters for admission to the nursing program.

	e.  She entered her fourth semester at JMU in Spring 2009 and states she was still being told by ROTC cadre that she was on course for admission to the Spring 2010 Nursing Class.  She continued to study hard while carrying a full schedule, including military science courses, and she attained a 2.75 GPA after four semesters.

	f.  She began her junior year at JMU in the Fall 2009 semester with the understanding that she was going to begin the upper-level nursing program in January 2010.

	g.  In October 2009, she submitted an ROTC form to the JMU Nursing Department for signature.  She then learned that she had not been admitted to the Spring 2010 Nursing Class.  The applicant became distraught and consulted with her ROTC advisor who indicated he would discuss the matter with the head of the JMU Nursing Department.

	h.  The applicant and her parents discussed with ROTC officials the applicant's desire to continue in the ROTC Program to become an Army Nurse.  Her parents also wanted to know why ROTC personnel led their daughter to believe she had gained a seat in the Spring 2010 Nursing Class.

	i.  Discussions with ROTC officials and the JMU Nursing Department revealed the applicant had to achieve a 2.75 GPA after three semesters, which she did not attain, and all efforts for her to gain admission failed.

	j.  On 4 November 2009, the applicant disenrolled from ROTC.  She states the Professor of Military Science (PMS) assured her he would include a statement to the effect of allowing her to "disenroll without financial obligation."

	k.  After disenrolling from ROTC the applicant changed her major to Health Sciences.  She expects to graduate from JMU in May 2011 with a Bachelor of Science Degree in Health Sciences.  However, in order to obtain a Bachelor of Science Degree in Nursing, she will be applying to accelerated nursing programs at several schools.  This will entail 12-15 months of additional studies along with related financial expenses.

	l.  She maintains that due to a lack of proper counseling by ROTC command personnel she was unable to make timely and appropriate decisions regarding a possible transfer to another college or university.

	m.  She states the ROTC PMS acknowledges that she performed duties as an Army ROTC Cadet honorably.  She is willing to accept part of the responsibility and financial expenses of her total debt; however, she should not be held responsible for the full amount of the debt of $39,444.00 based on the circumstances surrounding her case.

3.  The applicant provides copies of her ROTC Scholarship Cadet Contract, four letters pertaining to her disenrollment from ROTC, a Defense Finance and Accounting Service (DFAS) Financial Assistance Record, and an email message.

CONSIDERATION OF EVIDENCE:

1.  A copy of the applicant's ROTC Cadet Contract is not filed in her official military personnel file.

2.  In support of her application, the applicant provides the following documents:

	a.  A DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract).  Part I (Agreement of the Department of the Army) and Part II (Agreement of Scholarship Cadet Contracting in the Senior ROTC Program) provide the specific aspects of the agreement between the two parties.

		(1)  Part I, item 1, shows the Department of the Army agreed to pay the applicant's tuition and fees up to an annual amount of $20,000.00 for a period of 4 academic years and her books and laboratory expenses at a flat rate of $900.00 annually.

		(2)  Part II, item 2 (General Cadet Agreement), paragraph d (Academic Grade Point Average Agreement), shows the applicant agreed to maintain, at a minimum, a cumulative academic GPA of 2.0 on a 4.0 or equivalent scale.  It also shows, "[i]f I am required by my academic major or by the school I am attending to maintain a higher cumulative and semester or quarter grade point average, I agree to maintain that higher standard until the completion of the academic requirements for my degree."

		(3)  Part II, item 5 (Terms of Disenrollment), paragraph b (I Agree to Reimburse the U.S. Government), states, "[i]f I am offered the opportunity to repay my advanced educational assistance in lieu of being ordered to active duty, I will be required to reimburse the U.S. Government through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance (to include tuition, educational fees, books, laboratory expenses, and supplies) paid by the United States for my advanced education from the commencement of this contractual agreement to the date of my disenrollment or refusal to accept a commission."

		(4)  Part II, item 9 (Compliance With and Changes in Eligibility Requirements), shows the applicant acknowledged she discussed the eligibility requirements pertaining to enrollment in ROTC, enlistment in the U.S. Army Reserve or Army National Guard, and accepting a commission as an officer with the PMS or other designated and authorized ROTC cadre member.  It also shows, "I realize that these requirements may change in the future.  I agree to keep myself apprised of all changes in requirements and to maintain my eligibility to participate in ROTC at all times in the future."

		(5)  Section D (Certification and Acceptance) shows the applicant and a service representative signed the Army Senior ROTC Scholarship Cadet Contract on 18 September 2007.

	b.  A DA Form 5315-F (U.S. Army Advanced Education Financial Assistance Record) shows that as of 14 October 2009 the total Army ROTC Scholarship benefits paid to the applicant were $39,444.00 and that the applicant certified the amount as correct.

	c.  A letter to the JMU ROTC executive officer from the applicant's parents, dated 19 October 2009, expressed their displeasure with the failure of the ROTC staff to effectively coordinate with JMU collegial programs regarding academic requirements, to provide an advisor or mentor to monitor the applicant's academic progress in her program of study, and to communicate changes to program requirements and criteria to the applicant.

	d.  A JMU ROTC Department, Harrisonburg, VA, letter, dated 27 October 2009, shows the ROTC PMS notified the applicant that action was being initiated to disenroll her from the ROTC Program based on her lack of interest in military training as evidenced by her withdrawal from military science class and laboratory.

		(1)  The applicant was advised of her rights and the ROTC disenrollment procedures.  She was informed that as a scholarship cadet she may be called to enlisted active duty in pay grade E-1 or required to repay scholarship benefits in the amount of $39,444.00 in lieu of a call to active duty in fulfillment of her contractual obligation.

		(2)  On 27 October 2009, the applicant:

		(a)  waived her right to a hearing, acknowledged the amount and validity of her ROTC debt was correct, waived the opportunity to present matters regarding the disenrollment before a board or investigating officer, and waived her right to appeal the disenrollment and/or the amount or validity of the debt;

		(b)  declined a call to active duty within 60 days after completion of her current projected graduation date or upon withdrawal/dismissal from school, whichever occurred first;

		(c)  declined expeditious call to active duty; and

		(d)  placed her signature on the document.

	e.  A letter from the applicant addressed to "To Whom It May Concern," dated 4 November 2009, shows the applicant requested disenrollment from the Army ROTC Program because she could not continue to pursue her nursing degree under her Army ROTC contract because she was not eligible for acceptance in the JMU nursing program.

	f.  A Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, memorandum, dated 5 March 2010, subject:  Disenrollment from the ROTC Program, shows the applicant was disenrolled and would be discharged from the ROTC Program under the provisions of Army Regulation 145-1 (Senior ROTC Program:  Organization, Administration, and Training), paragraph 3-43a(15), based on her lack of interest in military training as evidenced by her withdrawal from military science class and laboratory.  The applicant was:

		(1)  informed that her obligation to the Army must be satisfied by repaying the cost of the advanced educational assistance provided by the Army, which amounted to $39,444.00;

		(2)  offered the option to pay the total amount owed in a lump sum or to initiate a repayment plan; and

		(3)  given 14 days from receipt of the memorandum to make an election and advised that her failure to respond would result in the initiation of an involuntary collection action.

	g.  An email message to the applicant from the Lead Human Resources Specialist, G-1, Action and Standards Office, U.S. Army Cadet Command, dated 24 March 2010, reviewed the disenrollment process and advised the applicant that DFAS would work with her while she was still in school regarding payment and/or deferment of her debt.

3.  Army Regulation 145-1 provides policies and general procedures for administering the Army's ROTC Program.  Chapter 3 (Student Administration), paragraph 3-43, provides that scholarship cadets may be disenrolled by the Commanding General, U.S. Army ROTC Cadet Command, for indifferent attitude or lack of interest in military training as evidenced by frequent absences from military science classes or drill.

4.  The Department of Nursing Baccalaureate Student Handbook (Bachelor of Science in Nursing (BSN) and Registered Nurse-BSN) 2009-2010, Department of Nursing, James Madison University, is available online at:  http://www.nursing.jmu.edu/bsn/documents/bsnhandbook_0910.pdf.  This handbook shows Stage II (Admission to the Nursing Program) begins at the conclusion of the Fall sophomore semester for the following year.  Selection to the program is based on all student qualifications; however, GPA factors strongly.  Minimum requirements for enrollment to the program include having a complete supplemental application on file, cumulative GPA of at least 2.8 or higher when selected for admission to the program, and cumulative GPA of at least 2.8 or higher at the completion of the semester preceding entry into the nursing program.  Students with a GPA lower than 2.8 at completion of the semester prior to program entry will lose their admission to the program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her ROTC scholarship debt should be forgiven because she was not fully informed by the ROTC PMS or any ROTC cadre member of the requirement to achieve an overall GPA of 2.75 by the end of her third college semester (Fall 2008) in order to be eligible to enter the JMU Nursing Program in Fall 2009.

2.  The applicant's contention was carefully considered.

	a.  The applicant's contention that the ROTC PMS and cadre led her to believe she was on schedule for admittance to the JMU Nursing Program provided she attained the minimum required GPA after four semesters is not in dispute.

	b.  Records show the applicant enrolled as a Scholarship Cadet in the ROTC Program on 18 September 2007.  At that time, she acknowledged that eligibility requirements may change in the future and agreed to keep herself apprised of all changes in requirements and to maintain her eligibility to participate in ROTC.  She also acknowledged that if required by her academic major or by the school she was attending to maintain a higher cumulative and semester or quarter GPA than the specified GPA, she agreed to maintain that higher standard until the completion of the academic requirements for her degree.

	c.  The JMU Department of Nursing Baccalaureate Student Handbook for academic year 2009-2010 (available via the Internet) clearly states that admission to the Nursing Program begins at the conclusion of the Fall sophomore semester for admission to the nursing program the following year and that a cumulative GPA of at least 2.8 or higher is required when selected for admission to the program.

		(1)  Thus, it logically follows that a cumulative GPA of 2.8 was required at the time of application for admission to the JMU Nursing Program.  For the applicant, this would have been at the conclusion of the Fall 2008 semester.

		(2)  Therefore, the applicant's contention that she was not aware that the cumulative GPA requirement for admission to the JMU Nursing Program was as of the end of her third college semester rings hollow in view of the information that JMU made readily available to its prospective nursing students.

		(3)  It's not clear from the available evidence why the applicant's admission to upper-level nursing classes slipped from the Fall 2009 to Spring 2010 semester.  However, that fact does not change the underlying facts of this case.

	d.  Records show the applicant was disenrolled from the ROTC Program based on her lack of interest in military training as evidenced by her withdrawal from military science class and laboratory.  As a result, the applicant incurred an ROTC scholarship debt of $39,444.00 which she acknowledged was correct and valid.  The fact that she attributes her ineligibility for the JMU Nursing Program is irrelevant.

3.  Therefore, in view of all of the foregoing, it is concluded that the applicant's ROTC debt is valid and she is not entitled to forgiveness of her ROTC debt.



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)                                         AR20100026488



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ABCMR Record of Proceedings (cont)                                         AR20100026488



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