IN THE CASE OF:	  

		BOARD DATE:  24 October 2013

		DOCKET NUMBER:  AR20120021219 


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:

The applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:

1.  Counsel requests remission or cancellation of the applicant's Reserve Officers' Training Corps (ROTC) scholarship debt.

2.  Counsel states the applicant should have been considered for a medical disenrollment and not required to reimburse the educational assistance she received.

3.  Counsel states the applicant obtained a medical waiver for anxiety and depression to enroll in the ROTC Program.  She began to have recurring bouts of anxiety and depression during her second term in ROTC.  Counsel states the applicant decided to disenroll from the program because her illness was impacting her participation.

4.  Counsel states the applicant was advised that she had two options for withdrawing from the ROTC Program, one was to voluntarily disenroll or request medical disenrollment and the second option was nonparticipation.

5.  The applicant was subsequently disenrolled from the ROTC Program for breach of contract based on nonparticipation.  Counsel argues that there was a third option that could have been considered by the applicant's Professor of Military Science (PMS) – he could have advised her to take a leave of absence for medical reasons.  Counsel states this fact is imperative when you consider the applicant's symptoms were clearly exacerbated by her participation in ROTC activities.  Had her medical conditions been properly evaluated, she may have received a medical disenrollment and would not have been required to repay the educational assistance she received.

6.  Counsel provides:

* three letters of support
* Report of Evaluation from the Vermont Army National Guard (VTARNG) Office of the State Surgeon
* U.S. Army Cadet Command Form 131-R (Cadet Action Request)
* letter from the Plattsburg State University of New York Center for Student Health and Psychological Services
* Plattsburg State University of New York Counselor Intake Form
* Health Care Records, Four Winds Saratoga Psychiatric Health Systems from 5 July 2010 to 15 July 2010
* email from and to the PMS
* letter from the Department of the Treasury Financial Management Service
* letter from the Pioneer Credit Recovery, Incorporation
* self-authored letter from the applicant

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  A U.S. Army Cadet Command Form 131-R, dated 1 May 2008, shows the PMS/Battalion Commander certified and recommended approval of the applicant's medical waiver for mood and anxiety disorder.  The document contained two attached letters of support from the applicant's pediatrician and the VTARNG State Surgeon.  Both physicians recommended approval of the applicant's medical waiver and suggested that she continue to take her prescribed medication.

3.  On 23 August 2008, the applicant executed a DA Form 597-3 (ROTC Scholarship Cadet Contract) enlisting in the U.S. Army Reserve Control Group (ROTC) as a 4-year ROTC scholarship cadet.  In so doing, she acknowledged in paragraph 5 (Terms of Disenrollment) of her DA Form 597-3 that if she failed to complete the educational requirements of her agreement or was disenrolled from the ROTC Program, (1) the Secretary of the Army or his/her designee could order her to active duty as an enlisted Soldier for a specified period of time or (2) in lieu of being ordered to active duty, she could be required to repay (with interest) the financial assistance she received through the ROTC Program.

4.  Paragraph 7 (Leave of Absence, Suspension, or Termination of Scholarship Benefits) of the applicant's DA Form 597-3 stated that if her scholarship benefits were temporarily inactivated by a leave of absence or administrative suspension, or were terminated due to her failure to meet academic or military standards for scholarship cadets as prescribed by law, Army regulation, or contract, she would not be relieved of her obligation to the U.S. Army and her obligations under the contract remain in effect.  If her ROTC scholarship contract was terminated for any reason, but she qualified and was allowed to remain in the ROTC Program as a nonscholarship cadet, she understood that she would not be required to reimburse the United States for any financial assistance she received provided she successfully completed the ROTC Program and all of the active duty and duty in a Reserve status not on active duty for which she was obligated under the provisions of the scholarship contract.

5.  Paragraph 8 (Release from Obligation) of the applicant's DA Form 597-3 stated that she understood the Secretary of the Army or his/her designee could release her at any time without notice from the obligations under her contract and disenroll her from the ROTC Program without further benefits if, in the opinion of the Secretary of the Army or his or her designee, it was in the best interest of the Army.

6.  In an email from the applicant to her PMS, dated on or about 26 December 2009, she stated the ROTC Program may not the best thing for her at that time.  She wanted to know what she had to do to disenroll from the program.  On 26 December 2009, her PMS replied that voluntary disenrollment was easier for the most part than disenrollment for cause.  He stated, "But if you were to withdraw from ROTC it would most likely mean you would have to pay back your first 1 1/2 years of scholarship."

7.  In an email from the PMS to the applicant, dated 26 January 2010, subject:  Options for Disenrollment, the PMS stated there were two options to proceed with for disenrolling her from ROTC, specifically:

I Medical Option – Disenrolled for Medical reasons.  You would be scheduled a DODMERB [sic] physical.  If you are found medically disqualified then you would be disenrolled and not have to pay back your 1 1/2 [years] of scholarship.  Until the medical board makes this determination you would still be a cadet.  This would mean you would take the MS [Military Science] II class, attend PT [physical training], Lead Labs [leadership laboratories], etc.  You would still receive your monthly stipend until disenrolled.

II Non participation – You would be disenrolled for non-participation. I.E. [sic] not attending PT, taking the class, etc.  An informal board would be held and you would be disenrolled and have to pay back 1 1/2 years of scholarship.

8.  Through counsel, the applicant provided treatment notes from Plattsburg State University, dated 28 January 2010.  The Counselor Intake Form shows she had seen a counselor for her condition over the summer break and wanted to continue.  She spoke with a psychiatrist and explained she had been off her medication for a while and that her depression and anxiety recurred.  She had been experiencing depression and anxiety over the Summer and Fall semesters. 
The applicant also stated she started to experience these conditions when she was 10 or 12 years old.  She was diagnosed with moderate major depression and generalized anxiety disorder.  She had panic attacks, but they did not meet the criteria for a panic disorder.

9.  On 16 February 2010, the U.S. Army Cadet Command notified the applicant by memorandum of initiation of disenrollment proceedings due to breach of contract for failure to attend MS 202 classes and other mandatory events, such as the Army Physical Fitness Test and leadership laboratories.  In accordance with Army Regulation 145-1 (Senior ROTC Program – Organization, Administration, and Training), paragraph 3-43a(16), she was placed on a leave of absence pending her disenrollment from the ROTC Program.

10.  On 17 February 2010, the applicant acknowledged receipt of the U.S. Army Cadet Command's disenrollment notification.  She waived her right to a hearing, acknowledged as correct the validity and amount of her scholarship debt as stated in the disenrollment memorandum, waived the opportunity to present matters regarding the amount or validity of her indebtedness before a board of investigating officers, and declined expeditious call to active duty.

11.  On 18 May 2010, the Commander, U.S. Army Cadet Command, notified the applicant by memorandum that she was disenrolled from the ROTC Program in accordance with Army Regulation 145-1 due to breach of contract based on her failure to attend MS 202 classes.  The memorandum informed the applicant of her obligation to satisfy the terms of her ROTC contract through active Army duty in an enlisted status or through repayment of the cost of the educational assistance provided by the Army, then valued at $14,950.00.

12.  On 24 May 2010, the applicant acknowledged receipt of her disenrollment from the ROTC Program and she agreed to repay the amount of $14,950.00 in monthly installments plus interest on the amount owed.

13.  Through counsel, the applicant provided treatment notes from the Four Winds Saratoga, a psychiatric health system, for the period 5 July 2010 through 15 July 2010.

	a.  On 5 July 2010, the applicant was assessed at the Four Winds Saratoga after being referred by her primary care provider.  She was experiencing increasing thoughts of suicide with a plan and intent to take an overdose of medication.  The applicant reports having increased thoughts for the entire day and she was unable to identify the specific trigger.  She further indicated she was stressed by financial problems, inability to work, attending school, and felt misunderstood by her parents.

	b.  On 6 July 2010, the applicant was admitted at the Four Winds Saratoga for suicide ideation with plans and intent.  The applicant was found to have low self-esteem and poor coping skills.  The applicant was diagnosed with the following:

* AXIS I – bipolar II disorder, obsessive compulsive disorder
* AXIS II – deferred
* AXIS III – eczema
* AXIS IV – Psychological and Environmental Problems –
* family strain, isolative, unemployment, no income, poor coping skills
* AXIS V – Global Assessment of Functioning –

* Admission:  15
* Current:  65
* Past Year:  45

	c. On 15 July 2010, the applicant was discharged from the Four Winds Saratoga.  She was advised to take her medication as prescribed, continue with therapy as scheduled, healthy skills, and practice expressing feelings.  She was to be monitored with parental help for reoccurrence of early symptoms of depression or hypomania.

14.  On 1 February 2012, the Department of Treasury Financial Management Service notified the applicant of initiation of wage garnishment proceedings if she did not pay the amount of $20,041.40 or make other arrangements to resolve her debt.

15.  U.S. Army Cadet Command Pamphlet 145-4 (Enrollment, Retention, and Disenrollment Criteria, Policy, and Procedures), dated 1 September 1994, states the PMS will submit a request for determination/waiver on medically-disqualified cadets to Headquarters, U.S. Army Cadet Command.  If the U.S. Army Cadet Command Surgeon determines the cadet is medically disqualified and not eligible for a waiver and there is no failure to disclose, the cadet will be processed for disenrollment.  Cadets disenrolled for medical disqualification will not be ordered to active duty or recommended for recoupment.

DISCUSSION AND CONCLUSIONS:

1.  Counsel contends the applicant should have been considered for a medical disenrollment from the ROTC Program and she should not be required to reimburse the educational assistance she received.

2.  She was given the option of disenrollment for medical reasons.  It is not clear why she did not request the medical option.  The applicant was later disenrolled for breach of her ROTC contract by failing to attend her MS II classes.

3.  The applicant clearly had a mental condition that may have precluded her from successful completion of the ROTC Program.  She had a history of depression and anxiety prior to entering the ROTC Program.  Apparently, her depression and anxiety became unmanageable while she was an ROTC cadet – her condition was serious enough for her to seek psychiatric treatment before and after her separation from the ROTC Program.

4.  She was admitted to a hospital 3 months after her disenrollment after experiencing thoughts of suicide with a plan and intent.

5.  It is reasonable to presume that had she maintained her ROTC cadet status, her depression and anxiety would have resulted in disenrollment for medical disqualification.  By regulation, cadets disenrolled for medical disqualification will not be ordered to active duty or recommended for recoupment.  Therefore, it would be appropriate to show she was disenrolled from the ROTC Program by reason of medical disqualification and canceling her ROTC debt.


BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing she was disenrolled from the ROTC Program by reason of medical disqualification and there was no failure to disclose; and

	b.  canceling her ROTC debt and refunding to her any portion of the debt already collected, if any.



      _______ _  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)                                         AR20120021219



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ABCMR Record of Proceedings (cont)                                         AR20120021219



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