IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20100029395 


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 his Reserve Officers' Training Corps (ROTC) debt be waived.

2.  The applicant states he was disenrolled from the ROTC because of failure to obtain an alcohol-related conviction waiver for a driving incident in 2008.  He contends he is continuing his career as a Soldier in the Army National Guard (ARNG) and will continue to pursue a commission through Officer Candidate School.  He remains committed to pursuing the role of an Army leader, but under the yoke of his scholarship debt and other college loans his financial resources will be pushed beyond his limitations.

3.  The applicant provides a third-party statement, his DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), his ROTC disenrollment packet, a Cadet Evaluation Report, and certificates of training and achievement.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted as a cadet on 12 January 2005 under the ROTC Scholarship Cadet Program.

2.  The DA Form 597-3, Part I (Agreement of the Department of the Army), specifies the Army agreed to provide the following funds:

* full tuition and educational fees
* a flat rate of $1200.00 (may increase during the period of this contract) reimbursement on an annual basis for textbooks and laboratory expenses
* a monthly subsistence allowance

3.  The DA Form 597-3, item 5 (Terms of Disenrollment), specifies that once disenrolled from the ROTC Program for breach of contractual terms, the individual must agree to serve on enlisted active duty or agree to reimburse the U.S. Government for the educational assistance in lieu of being ordered to active duty.

4.  The DA Form 597-3, item 9 (Compliance with and Changes in Eligibility Requirements), specifies the individual acknowledged he discussed the eligibility requirements pertaining to enrollment in ROTC, enlistment in the U.S. Army Reserve or ARNG, and accepting a commission as an officer with the Professor of Military Science (PMS) or other designated and authorized ROTC cadre member, and that he understood the requirements.  He agreed to keep himself apprised of all changes in requirements and to maintain his eligibility to participate in ROTC at all times in the future.  He also agreed to inform the PMS of any change in his eligibility (medical and non-medical) based on current or revised requirements as soon as he knew or should have known of a change in his eligibility status and that failure to advise the PMS could result in disenrollment.  

5.  He enlisted in the ARNG on 17 March 2008.

6.  In a memorandum, dated 19 June 2009, he was informed by the PMS that in accordance with Army Regulation 145-1 (Senior ROTC Program:  Organization, Administration, and Training), he was initiating the applicant's disenrollment from the ROTC Program for a condition that barred his appointment as a commissioned officer (failure to obtain a civil conviction – alcohol-related waiver) and misconduct as demonstrated by his failure to disclose a disqualifying condition (operating a motor vehicle under the influence of alcohol) at the time of the incident.  The acts constituted a breach of his ROTC scholarship contract.

7.  He was also informed that as a scholarship cadet he could be called to active duty in an enlisted rank/grade of private (PV1)/E-1 or be required to repay scholarship benefits in the amount of $26,562.25 in lieu of a call to active duty.

8.  He was further advised of the following:

	a.  he could elect to complete his current baccalaureate degree in the school he was currently in and then serve on enlisted active duty to fulfill his contractual obligation and that if he chose this option he would normally be ordered to active duty within 60 days of completion of degree requirements;

	b.  that he could choose expeditious call to enlisted active duty in order to satisfy the breach of contract and that if he elected this option he would be ordered to active duty within 30 days of his disenrollment.

9.  He was instructed to complete and return an Agreement of Cadet Contract (Active Duty Option) for option "a" above or a Statement of Understanding (Special Active Duty Provision) for option "b" above.  However, there is no evidence showing he returned the Agreement of Cadet Contract or the Statement of Understanding.

10.  On 4 February 2010, the Commanding General, U.S. Army Cadet Command, informed the applicant of his disenrollment and discharge from the ROTC Program under the provisions of Army Regulation 145-1 by reason of breach of his ROTC contract based on his failure to obtain a civil conviction alcohol-related waiver and misconduct as demonstrated by his failure to disclose his arrest for operating a motor vehicle under the influence of alcohol.  The memorandum also notified the applicant that when his ROTC scholarship contract was breached, an obligation to the Army must be satisfied by repaying the cost of advanced educational assistance provided by the Army and that the amount of monies spent in support of his education was $26,562.25.

11.  On 17 March 2010, the Chief, Cadet Actions and Standards Division, U.S. Army Cadet Command, requested a debt with the Defense Finance and Accounting Service (DFAS) be established for the applicant.  The memorandum indicated the "addendum" was not enclosed because the applicant failed to respond.

12.  A memorandum from the U.S. Army Cadet Command addressed to the applicant, dated 15 April 2010, indicates he appealed his disenrollment from the ROTC Program and repayment of the scholarship funds expended on his behalf by the U.S. Army.  He was informed that a debt had been established with DFAS and legal restrictions precluded the Commander, U.S. Army Cadet Command, from granting a waiver of a properly-established debt for recoupment of scholarship funds arising from breach of his ROTC contract.  He was advised to apply to the Army Board for Correction of Military Records for correction, remission, or termination of the debt.

13.  On 8 July 2010, DFAS notified him that he was indebted to the Department of Defense in the amount of $26,562.25 as a result of the cost of education expenses paid on his behalf.
14.  Orders, dated 10 November 2010, show he was discharged from the ARNG and as a Reserve of the Army effective 10 November 2010. 

15.  He provided a statement from his former battalion commander that supports his request for debt relief based on his willingness to continue to serve in the ARNG.

16.  Army Regulation 145-1 prescribes polices and general procedures for administering the Army's Senior ROTC Program.  This regulation specifies that an individual must sign a DA Form 597-3 as part of a scholarship enlistment in the ROTC which is the agreement between the Army and a potential ROTC cadet.  The form contains the promises made between the Army and the potential cadet and includes the action the Army will take in the event a cadet fails to successfully complete the terms of the contract.  Paragraphs 3-43a(16) and 3-44b(3) specify that non-scholarship and scholarship cadets will be disenrolled for breach of contract and for termination of a 4-year scholarship.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms he enlisted in the ROTC Program and agreed that if he were disenrolled from the ROTC Program for any reason, he would be required to repay his scholarship debt or be ordered to active duty in the rank/grade of PV1/E-1 for the appropriate number of years.

2.  The evidence of record also shows he failed to satisfy the contractual requirements of this program by failing to obtain a civil conviction alcohol-related waiver and misconduct as demonstrated by his failure to disclose his arrest for operating a motor vehicle under the influence of alcohol.  Therefore, he was found in breach of his ROTC contract and was accordingly notified of his disenrollment from the program.

3.  The evidence further shows he received scholarship benefits to become a commissioned officer.  He was required to either serve on active duty for the period specified in his ROTC agreement or reimburse the U.S. Government for educational benefits.  There is no evidence showing he elected to serve on active duty and, as such, he is required to repay the scholarship benefits in accordance with his ROTC contract.  Any service in the ARNG cannot be used as a substitute for active duty service to waive his scholarship debt.

4.  Cancelling his debt and, in effect, providing him a free education without having to become a commissioned officer or serve on active duty as an enlisted Soldier would be a windfall.  Because his disenrollment from the ROTC Program was due to his own misconduct, it would not be appropriate to grant the requested relief in this case.

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)                                         AR20100029395



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ABCMR Record of Proceedings (cont)                                         AR20100029395



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