IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110003589 


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 Officers' Training Corps (ROTC) scholarship debt be waived and that the money she paid be refunded to her.  

2.  The applicant states she enrolled in the ROTC program in January 2007 and she was disenrolled in January 2008.  She was not informed she owed a debt; she was only enrolled in the program 1 year.  She is an independent student who cannot afford this debt.  She believes it is unfair for her to be required to pay back funds when she was only in the program for 1 year.

3.  The applicant provides:

* Letter to the Defense Finance and Accounting Service (DFAS)
* DD Form 785 (Record of Disnerollment from Officer Candidate - Type Training)
* Discharge orders
* Checklist for Disnerollment Actions
* Cadet Action Request
* Disenrollment notification and memorandum
* DA Form 597-3 (Army Senior ROTC (SROTC) Scholarship Cadet Contract)
* DD Form 4 (Enlistment/reenlistment Document)
* College Transcripts
* DA Form 705 (Army Physical Fitness Program (APFT) Scoresheet)
* Correspondence from DFAS

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the U.S. Army Reserve as a cadet for a period of 8 years on 20 March 2007.  In connection with this enlistment, she executed a DA 597-3 and agreed to receive scholarship benefits for a period of 3 1/2 academic years, including tuition and fees, books, laboratory expenses, and monthly subsistence, at the University of Tampa, FL in exchange for appointment as a Reserve of the Army upon successful completion of all academic, military, and other requirements of the Army ROTC program.

2.  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 service the cadet agreed to serve or was ordered to serve.  

3.  Paragraph 6 (Enlisted Active Duty Service Obligation) of her DA Form 597-3 states that if she were called to active duty for breach of contract under the provisions of paragraph 5, she 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.

4.  On 22 January 2008, in a memorandum addressed to the applicant, the Professor of Military Science (PMS)) notified her that he was initiating action to disenrollment her from the ROTC program based on an indifferent attitude or lack of interest in military training as evidenced by her failure to enroll in ROTC classes and breach of contract (including the formerly used term willful evasion). She was also notified that as a scholarship cadet, if the disenrollment was approved, she could be called to active duty in an enlisted grade of E-1 or be required to repay scholarship benefits in the amount of $21,605.00 in lieu of call to active duty in fulfillment of her contractual obligations. 

5.  On 24 January 2008, she acknowledged receipt of the memorandum notifying her of disenrollment from the ROTC program.  She also acknowledged that she understood she may be called to enlisted active duty in an enlisted grade of E-1 or be required to repay scholarship benefits in the amount of $21,605.00 in lieu of call to active duty in fulfillment of her contractual obligation.  She waived her right to a personal hearing to respond to the disenrollment action or the amount or validity of the debt.  She further declined expeditious call to active duty.

6.  On 24 January 2008, a Cadet Action Request was initiated by her PMS strongly recommending disenrollment as she requested and that she pay back her scholarship through financial means.  She was a contracted MS II Cadet in the spring of 2007 and initially displayed an unwavering commitment to the program during the first two semesters.  She requested disenrollment due to a change of heart despite the best efforts of a mentoring program and the instructors to retain her.  In the summer of 2007, she began notifying her PMS that she had been considering transferring schools and that her disenrollment was the best course of action for her.  She struggled with height and weight issues and meeting the tape standards.

7.  On 5 May 2008, the Commanding General (CG), U.S. Army cadet Command (USACC), ordered her disenrolled from the ROTC program in accordance with paragraph 3-43a(15) of Army Regulation (AR) 145-1 (Senior Reserve Officers' Training Corps Program: Organization, Administration, and Training), due to breach of ROTC contract based on her indifferent attitude and lack of interest in military training as evidenced by her failure to enroll in the MS class. 

8.  She was provided an addendum to her scholarship contractual agreement with options to be ordered to active duty, repayment of the debt in a lump sum, or repayment in monthly installments.  She was also notified that failure to respond within 14 days of the disenrollment approval would result in the issuance of active duty orders or initiation of involuntary collection action.  She failed to make a choice.

9.  On 30 December 2008, DFAS notified the applicant of her scholarship debt in the amount of $21,605.00 with options to make installment payments.

10.  AR 145-1 prescribes polices and general procedures for administering the Army’s SROTC Program.  

	a.  Paragraph 3-31 states the Army ROTC Scholarship Program provides financial assistance to those students who have demonstrated academic excellence and leadership potential.  The U.S. Army Scholarship Program’s purpose is to provide for the education and training of highly qualified and motivated young men and women who have a strong commitment to military service as commissioned officers

	b.  Paragraph 3-39 states a non-scholarship cadet may be disenrolled by the PMS and a scholarship cadet may be disenrolled only by the CG, (U.S. Army Reserve Officers' Training Corps Cadet Command (USAROTCCC)).  Nonscholarship and scholarship cadets will be disenrolled for a variety of reasons.
	c.  Paragraph 3-43a(15) and (16) state that a nonscholarship and scholarship cadet will be disenrolled due to an indifferent attitude, or lack of interest in military training as evidenced by frequent absences from military science classes or drill, an established pattern of shirking, failure to successfully complete an established weight control program, or similar acts.

11.  AR 37-104-3 (Finance Update) provides the policies and provisions for entitlements and collections of pay and allowances of military personnel.  Chapter 59 currently in effect, provides for recoupment of educational expenses, e.g., ROTC, United States Military Academy, and advanced civilian schooling under a previous agreement when obligated active duty service has not been completed. 

12.  AR 135-210 prescribes policies and procedures for ordering individual Soldiers of the Army National Guard of the United States and the U. S. Army Reserve to active duty during peacetime.  In pertinent part, it states that former ROTC cadets, when ordered to active duty, will be ordered to report to the Army Reception Battalion and will be ordered to active duty in pay grade E-1.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms she was accepted into an Army ROTC scholarship program and she failed to satisfy the contractual requirements of this program based on an indifferent attitude or lack of interest in military training as evidenced by her failure to enroll in ROTC classes which constituted a breach of contract.  

2.  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, repay the debt in a lump sum, or repay the debt in monthly installments.  She was also notified that failure to respond within 14 days of the disenrollment approval would result in the issuance of active duty orders or initiation of involuntary collection action.  She failed to make a choice.  Therefore, a debt was established.

3.  The terms of the ROTC scholarship contract required a cadet to either monetarily repay the debt or agree to be ordered to active duty (emphasis added) as an enlisted Soldier through ROTC channels based on the needs of the Army.  She did neither.  She should not be allowed to profit from her failure to satisfy the contractual obligation.  The applicant breached her ROTC contract and she is not entitled to relief.  


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 that 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)                                         AR20110003589



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ABCMR Record of Proceedings (cont)                                         AR20110003589



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