IN THE CASE OF:	  

		BOARD DATE:	    6 August 2013

		DOCKET NUMBER:  AR20120018186 


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

2.  The applicant states he:

* only received a scholarship during his freshman year
* did not receive a scholarship during his sophomore year
* withdrew prior to receiving any money for his sophomore year 

3.  The applicant provides a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant's ROTC debt be forgiven.

2.  Counsel states:

   a.  the applicant received an ROTC scholarship to Norwich Academy and only used it for his freshman year as it was suspended after that;

   b.  he attended school the first semester of his sophomore year on a private pay basis and then was disenrolled; and 
   c.  he did not enter his sophomore year under the ROTC scholarship and believes the repayment obligations outlined on page 4, part II, paragraph 3c(1) did not come into effect.

3.  Counsel provides:

* a self-authored statement
* four memoranda

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show he enrolled in the ROTC Program, effective 31 August 2009, and agreed to enlist for a period of
8 years in the U.S. Army Reserve (USAR) as a cadet for assignment to the USAR Control Group (ROTC) to become a member of the Army ROTC Program.  In consideration of the agreement to the terms of the ROTC scholarship contract, in pertinent part, the Department of the Army agreed to pay for 4 academic years of tuition and educational fees up to an annual amount of $27,370.00.

2.  The applicant submitted a DD Form 597-3, dated 31 August 2009, which states in:

     a.  paragraph 3c(1) (Cadet Obligation), cadets understand and agree they will incur an active duty and/or reimbursement obligation after the first day of their military science II year (sophomore year) if they are a 3, 4, or 5 year scholarship recipient; and 

   b.  paragraph 5 (Terms of Disenrollment), he understood and agreed that once he became obligated and was disenrolled from the ROTC program for breach of contractual terms the Secretary of the Army or his designee could order him to active duty as an enlisted Soldier for a specified period of time; or in lieu of being ordered to active duty, he could be required to repay the dollar amount, plus interest, equal to the entire amount of the financial assistance paid by the United States to the cadet. 
   
   c.  paragraph 7 (Leave of Absence, Suspension, or Termination of Scholarship Benefits), in pertinent part, if scholarship benefits are temporarily inactivated by administrative suspension or are terminated due to the cadet's failure to meet academic retention standards, cadets would not be relieved of their obligation to the U.S. Army and their obligations under the contract remain in effect.


3.  On 7 January 2010, the Professor of Military Science (PMS), Norwich University Army ROTC informed the applicant that:

   a.  he was being placed on administrative suspension effective the spring
semester of school year 2009/10 (18 January to 14 May 2010) based on his failure to maintain the minimum semester academic or ROTC grade point average (GPA) standards of at least 2.00 on a 4.00 scale.  The PMS informed him that:

   (1)  his Army scholarship tuition payment and book money for the
spring semester school year was suspended;
   
   (2)  he would continue to receive Army Scholarship subsistence
Payments; and 
   
   (3)  he would continue to attend military science classes, labs, and
field training exercises.

   b.  he was required to maintain a 2.00 ROTC GPA and failure to correct this deficiency would result in continued forfeiture of scholarship benefits, termination of scholarship, or initiation of disenrollment action which could result in either monetary payback of scholarship benefits or being ordered to active duty as an enlisted Soldier.    

	c.  if he expected to receive a grade change which resulted in his semester/cumulative GPA meeting or exceeding the 2.00 minimum standard, his benefits would be reinstated.

4.  Counsel submitted a memorandum:

   a.  from Headquarters, U.S. Army Cadet Command, dated 20 October 2011, which shows the applicant 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 3-43(a)(15).  His disenrollment was due to his indifferent attitude and lack of interest in military training as evidenced by his failure to maintain a GPA of 2.0 for spring and fall 2010 and frequent absences from military science classes.  The total monies spent in support of his education was $26,570.00.  The PMS stated an enclosed addendum explained his options.  Counsel did not submit the addendum.
   
   b.  dated 6 September 2012, from the Deputy G1, Headquarters, U.S. Army Cadet Command, which advised that a debt had been established for the applicant with the Defense Finance and Accounting Service (DFAS) and that legal restrictions precluded the Commander, Cadet Command from granting a waiver of a properly-established debt.  A DD Form 149 (Application for Correction of Military Record) was attached to the letter.

   c.  Counsel submitted a letter, dated 6 November 2012, from the Department of the Treasury, Financial Management Service (Treasury), subject:  Notice of Intent Initiate Administrative Wage Garnishment Proceedings.  The letter explains that the Treasury continues to try and collect a debt on behalf of DFAS in the amount of $36,611.48 and the applicant has failed to pay the debt in full or to make arrangements to resolve the debt.  The Treasury informed him of his rights.

5.  Army Regulation 145-1 prescribes polices and general procedures for administering the Army's Senior ROTC (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 Commanding General, U.S. Army ROTC Cadet Comand.  Nonscholarship and scholarship cadets will be disenrolled for a variety of reasons.

	c.  Paragraphs 3-43a(15) and (16) state that a nonscholarship and scholarship cadet will be disenrolled due to 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.

6.  Army Regulation 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. 

7.  Army Regulation135-210 prescribes policies and procedures for ordering individual Soldiers of the Army National Guard of the United States and the USAR 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.  Counsel contentions that the applicant's ROTC debt for his sophomore year should be forgiven because he did not received scholarship monies was found to be lacking in merit.  

2.  Evidence of record shows he failed to satisfy the contractual requirements of this program during his freshman fall 2009 semester by failing to maintain a 2.00 GPA and as a result, his scholarship tuition payment and book money for the spring semester was suspended.  

3.  Evidence of record also shows during his freshman spring 2009 and sophomore fall 2010 semester, he was not entitled to receive tutition or book monies, but could continued to receive Army Scholarship subsistence payments and attend military science classes, labs, and field training exercises.  He failed to satisfy these contractural requirements based on his indifferent attitude or lack of interest in military training as evidenced by his failure to maintain a 2.00 GPA and attend military science classes.  

4.  The applicant states and evidence shows he was disenrolled from the ROTC program during his fall 2010 semester (sophomore) and was subsequently found in breach of his ROTC contract.  He 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.  He 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.  He failed to make a choice.  Therefore, a debt was established.

5.  The terms of the ROTC scholarship contract require a cadet to either monetarily repay his/her 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.  He did neither.  He should not be allowed to profit from his failure to satisfy the contractual obligation.  The applicant breached his ROTC contract and he 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 Board determined that 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)                                         AR20120018186





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ABCMR Record of Proceedings (cont)                                         AR20120018186



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