IN THE CASE OF:
BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130002851
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 termination of his Reserve Officers' Training Corps (ROTC) scholarship debt.
2. The applicant states that he requested to serve 2 years of active duty instead of repaying the ROTC scholarship debt and he attempted to do so 60 days after graduating from college to no avail. Accordingly, he enlisted in the Army for 3 years to fulfill his obligation.
3. The applicant provides a one-page letter explaining his application, a copy of his financial assistance record, his request for waiver/remission of debt, his disenrollment memorandum, discharge orders, notice from the Defense Finance and Accounting Service (DFAS), election statements, and an addendum to his scholarship agreement.
CONSIDERATION OF EVIDENCE:
1. On 17 October 2007 the applicant entered into a 4-year ROTC agreement. By signing the contract, he acknowledged his understanding of the conditions of the contract and that he concurred with them.
2. At the time the applicant entered into his ROTC contract, he further acknowledged his understanding that if he failed to complete the educational requirements of his agreement or he was disenrolled from the ROTC program, the Secretary of the Army or his designee could order him to active duty as an enlisted Soldier; or in lieu of being ordered to active duty, he could be required to repay financial assistance he received through the ROTC program, plus interest. He also acknowledged he understood that his subsequent enlistment in the Armed Service would not relieve him of his repayment obligation.
3. On 7 October 2010 the applicant apparently submitted two election statements in which declined call to active duty and accepted a call to active duty within 60 days of graduation.
4. On 11 February 2011, the applicant was officially disenrolled from the Army ROTC Program due to his dismissal from the Leader Development and Assessment Course (LDAC) without credit. He attended LDAC after his 3rd year and prior to the beginning of his 4th year. As he had not yet begun his 4th year he would have had a 3-year active duty obligation.
5. On 4 November 2011, he submitted an addendum indicating that he would repay the scholarship debt.
6. On 20 September 2012, DFAS notified the applicant that he was responsible for repaying the financial assistance received from the ROTC Program in the amount of $101,706.00.
7. On 11 March 2013, he enlisted in the Regular Army in the pay grade of E-4 for a period of 3 years and 24 weeks and training as a power generation repairer. There is no evidence of his receiving a monetary benefit associated with his enlistment.
8. Title 10, U.S. Code (10 USC), section 2005(a)(3), states, in pertinent part, that the Secretary concerned may require, as a condition to the Secretary providing advanced education assistance to any person, that such person enter into a written agreement with the Secretary concerned under the terms of which such person shall agree that if such person, voluntarily or because of misconduct, fails to complete the period of active duty specified in the agreement, or fails to fulfill any term or condition prescribed by the Secretary to protect the interest of the United States, such person will reimburse the United States in an amount that bears the same ratio to the total costs of advanced education provided such person as the un-served portion of active duty bears to the total period of active duty such person agreed to serve.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his active duty service in the Regular Army should fulfill his obligation under his breached ROTC contract was carefully considered. The applicant's ROTC contract called for an expeditious call to active duty in an enlisted status through ROTC channels at the needs of the Army. He would have been obligated to serve 3 years on active duty. Nevertheless, in this case, the applicantÂ’s enlistment and active duty service in the Regular Army serve the same purpose as would have been served had he been ordered to active duty in the Army through ROTC channels.
2. The record shows that as a result of the applicantÂ’s active duty service, the Government received the benefits of his service for the same period he would have served had he been ordered to active duty as a result of breaching his ROTC contract.
3. In view of the facts of this case, it would be appropriate to consider his active duty service to have met the active duty obligation required by his ROTC scholarship contract as a matter of equity, provided he completes his enlistment.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his ROTC scholarship contract to show that he will satisfied his ROTC scholarship debt of $101,706.00 under the original terms of the ROTC contract as a result of completing 3 years of his active duty service in the Regular Army and that his debt will be held in abeyance until such time as he completes his enlistment. The debt will be prorated should he fail to complete 3 years of active duty through misconduct.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends
denial of so much of the application that pertains to terminating all of his ROTC debt at this time.
_______ _ 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.
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