IN THE CASE OF:	  

		BOARD DATE:  26 September 2013

		DOCKET NUMBER:  AR20130002753 


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 a waiver of a portion of her Reserve Officers' Training Corps (ROTC) scholarship debt.

2.  The applicant states the entire amount of the debt that was established is unjust.  The circumstances and conditions that existed in the second year of her ROTC Program prevented her from receiving the training she needed to become a successful ROTC cadet.

3.  The applicant provides:

* five self-authored letters, dated 23 December 2010, 22 November 2011, 2 December 2011, 19 March 2012, and 28 January 2013
* two email messages, dated 11 May 2011 and 17 November 2011
* various academic transcripts

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the U.S. Army Reserve Control Group (ROTC) on 24 August 2009 for a period of 8 years beginning in the rank/grade of cadet.  In connection with this enlistment, she executed a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) and agreed to receive scholarship benefits for a period of 3 academic years, including tuition and fees, books, laboratory expenses, and monthly subsistence, at Coe College, IA, in exchange for appointment in the Regular 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, in effect, that if she 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 her as the un-served portion of active duty bears to the total period of active service she 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.  In a letter, dated 19 September 2011, the registrar of Coe College stated that the applicant had withdrawn from Coe College for the Fall 2011 term.

5.  On 21 September 2011 in a memorandum addressed to the applicant, the Professor of Military Science (PMS) notified her that he was initiating her leave of absence pending her disenrollment from the ROTC Program under the provisions of Army Regulation 145-1 (Mission, Organization, and Training), paragraph 3-43a(4) (Breach of Contract), because she failed to maintain her ROTC course enrollment.

6.  Her records contain a DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record) which shows a total of $62,545.00 in Army scholarship benefits had been paid as of 23 September 2011.

7.  On 5 October 2011 in a memorandum addressed to the applicant, the PMS notified her that he was initiating action to disenroll her from the ROTC Program based on her withdrawal of ROTC registration for the Fall 2011 semester.  She was also notified that as a scholarship cadet, if the disenrollment were 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 $62,545.00 in lieu of being called to active duty in fulfillment of her contractual obligations.

8.  On 22 October 2011, 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 active duty in an enlisted grade of E-1 or be required to repay scholarship benefits in the amount of $62,545.00 in lieu of being called to active duty in fulfillment of her contractual obligation.  She requested a hearing so she could personally appear and respond regarding her disenrollment and the amount and/or validity of her debt.  Additionally, she declined the option of being called to active duty within 60 days after completion of her current projected graduation date or upon her withdrawal/dismissal from school and further declined an expeditious call to active duty.

9.  Her records contain a DA Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers) which shows a board of officers convened on 22 November 2011.

	a.  The board found that she did:

* enter into a valid Army Senior ROTC Scholarship Cadet Contract
* receive advanced educational assistance in the form of ROTC scholarship monies from the U.S. Government in the amount of $62,545.00 that constitutes a valid debt to the U.S. Government
* voluntarily fail to complete the requirements of a valid ROTC Cadet Contract

	b.  The board recommended she should:

* not be retained in the ROTC Program as a scholarship cadet
* not be retained in the ROTC Program as a nonscholarship cadet
* be disenrolled from the ROTC Program based on Army Regulation 145-1, paragraph 3-43a(4)
* not be released from any ROTC contractual obligation
* not be ordered to active duty in an enlisted status for a period of 4 years
* be ordered to repay any valid debt to the U.S. Government comprised of advanced educational assistance received in the form of scholarship benefits

10.  On 6 March 2012, the Commanding General (CG), U.S. Army Cadet Command (USACC), ordered her disenrollment from the ROTC Program due to a breach of ROTC contract based on her failure to enroll in MS classes in accordance with Army Regulation 145-1, paragraph 3-43a(4).

11.  She provided two letters (one written to the Nursing Department of Coe College and the other to the Board of Officers) and two email messages in support of her application.  Essentially, these letters and email convey:

* she was having a hard time with her nursing courses and was one point below the required grade point average (GPA) and was not permitted to remain in the nursing program due to her GPA
* she excelled during her first year of ROTC
* there was a leadership turnover in the ROTC Program and she felt the ROTC Program was being poorly run her second year
* the ROTC Program was creating scheduling conflicts which meant she could not attend all of the classes/functions
* the ROTC Program was helping her to be successful as an ROTC cadet
* she was leaving Coe College because she wanted to transfer to a school where she could continue studying nursing
* she did not want to be in the Army if she could not be a nurse

12.  Army Regulation 145-1 prescribes polices and general procedures for administering the Army's Senior ROTC Program.  Paragraph 3-43a(4) states a scholarship cadet may be disenrolled only by the CG, USACC.  Disenrollment authority does not include the discharge authority for Simultaneous Membership Program participants.  Nonscholarship and scholarship cadets will be disenrolled for withdrawal or dismissal from the academic institution.  A former cadet may be reenrolled if he or she enters a school that offers ROTC, provided that he or she meets the reenrollment criteria in paragraph 3-16.

13.  Army Regulation 37-104-4 (Military Pay and Allowances Policy) 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, U.S. Military Academy, and advanced civilian schooling) under a previous agreement when obligated active duty service has not been completed.

14.  Army Regulation 135-210 (Order to Active Duty as Individuals for Other Than a Presidential Selected Reserve Call-Up, Partial, or Full Mobilization) 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.  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 her withdrawal of ROTC registration for the Fall 2011 semester which constituted a breach of contract.

2.  She chose to withdraw 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 chose to repay the debt rather than being ordered to active duty.  Therefore, a debt was established.

3.  The terms of the ROTC scholarship contract required a cadet to monetarily repay the debt or agree to be ordered to active duty as an enlisted Soldier through ROTC channels based on the needs of the Army.  She declined the opportunity to serve on active duty as a means of repaying her debt.  She should not be allowed to profit from her failure to satisfy her 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 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)                                         AR20130002753



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ABCMR Record of Proceedings (cont)                                         AR20130002753



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