IN THE CASE OF:	  

		BOARD DATE:	    26 November 2013

		DOCKET NUMBER:  AR20130004061 


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 of $18,143.00 be forgiven.

2.  The applicant states, in effect:

   a.  She never had any problems in the program until her second year when it felt like there was an invisible target on her back.  She may not have been a top athlete or the best at leading others, but she showed a willingness to learn.

   b.  At camp she successfully passed the Army Physical Fitness Test and the written portion of the land navigation test as a first time go.  However, on the first day of the land navigation course she rolled her ankle.  A medic wrapped the ankle, but she was unable to successfully complete the day and night land navigation courses.
   
   c.   A few days later she was notified she had passed the day land navigation course, but she failed her second attempt at the night course.  She subsequently attempted the night course for a third time and was unable to successfully complete the course in the time given.
   
   d.  She was told she would get a fourth try at the course, but by this time everyone was preparing for graduation and it did not seem as if anyone wanted to help her.  While other cadets were preparing for a fourth attempt at the land navigation course, she was being out processed, sent to the holding company, and taken to the airport.
   e.  She was told she could return the following summer; however, in the months following her return from the Leadership Development and Assessment Course (LDAC) she was notified that she was being disenrolled from the ROTC program due to her failure of the night land navigation course while at LDAC.
   
   f.  She further states she did not ask to be discharged from ROTC.  She continued to uphold the Army values and the Army standards even though the Cadet Command did not.   

3.  The applicant provides:

* 2 self-authored statements
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract)
* Addendum to Part II, Agreement of Cadet Contract (Active Duty Option)
* Cadet Command Form 133-R (Privacy Act Statement Army Senior ROTC Disenrollment Proceedings)
* 3 DA Forms 4856 (Developmental Counseling Form)
* Warrior Forge Form 131B-R/E (LDAC Cadet or Cadre Statement)
* Warrior Forge Form 131A-R/E (LDAC Cadet Waiver Request)
* DD Form 2870 (Authorization for Disclosure of Medical or Dental Information)
* DA Form 5006 (Authorization for Disclosure of Information)
* Standard Form 600 (Chronological Record of Medical Care)
* 4 memoranda
* an email
* a screenshot of the Defense Travel System
* 2 letters
* DA Form 5315-R (U.S. Army Advanced Education Financial Assistance Record)
* a checklist
* Cadet Command Form 131-R (Cadet Action Request)
* Cadet Early Release Out Processing Checklist
* Warrior Forge Form 02 (Cadet Regimental Information Card)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 11 February 2004.  She completed training, was awarded military occupational specialty 92Y (Unit Supply Specialist), and served in Iraq from 4 October 2005 to 2 September 2006.  

2.  On 23 July 2008, the applicant was honorably discharged in the rank/grade of specialist/E-4 and transferred to the U.S. Army Reserve Control Group (ROTC) to become a member of the Army ROTC Program.  

3.  The applicant submitted a DD Form 597-3, dated 22 July 2008, which shows in:

     a.  Paragraph 5 (Terms of Disenrollment) of the applicant's 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 duty the cadet agreed to serve or was ordered to serve.

   b.  Paragraph 6 (Enlisted Active Duty Service Obligation) of her DA Form  597-3 states that if she were called to active duty for a 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 II, for 3 years if the breach occurred during Military Science III, or for 4 years if the breach occurred during Military Science IV.

4.  On 17 August 2011, her Professor of Military Science (PMS) notified her by memorandum of the initiation of disenrollment action from ROTC for her dismissal from LDAC for land navigation failure which was a breach of her contract.  She was advised of her rights to request a hearing and also notified that she retained the status of cadet until disenrollment and discharge action were complete and as such may not enlist in any other military service or component or sign any other scholarship contract.  She was further informed that as a scholarship cadet she could be called to active duty in an enlisted rank/grade of private/E-1 or required to repay scholarship benefits in the amount of $18,143.00 in lieu of a call to active duty.  The PMS further advised her that the final decision was with the Commander, U.S. Army Cadet Command (USACC).

5.  On 2 September 2011, the applicant acknowledged receipt of the disenrollment memorandum.  She waived her right to a hearing and personal appearance in order to respond to the validity of the debt.  She acknowledged that:

* the amount and validity of the debt as stated in the disenrollment memorandum is correct
* by waiving her right, she waived the opportunity to present matters regarding her disenrollment and the amount/validity of the debt
* she waived her right to appeal the disenrollment and/or the amount and validity of the debt

6.  Additionally, on 2 September 2011, she accepted call to active duty within    60 days after completion of her current projected graduation date (16 December 2011) or upon withdrawal/dismissal from school, whichever comes first.  She declined expeditious call to active duty.  As of this date there is no evidence to show she returned to active duty.

7.  On 16 September 2011, her PMS recommended approval of the applicant's disenrollment from the Austin Peay State University ROTC program for failing to successfully complete LDAC 2011.  He further recommended the applicant pay back her scholarship money.

8.  The applicant provides a letter from the Department of the Treasury, dated        10 January 2013, which shows the applicant has an unpaid delinquent debt owed to the Department of Defense, Defense Finance and Accounting Service of $18,270.05.

9.  Army Regulation 145-1 (Senior ROTC: Organization, Administration, and Training) prescribes policies and general procedures for administering the Army's Senior ROTC Program.

	a.  Paragraph 3-39 states the Commanding General (CG), USACC is the approving authority for termination of scholarship and/or disenrollment.  A scholarship will be terminated and the cadet disenrolled for any of the reasons listed in paragraph 3–43.  

	b.  Paragraph 3-43 states that non-scholarship and scholarship cadets will be disenrolled for a breach of contract.  Sub-paragraph 3-43a(16) states breach is defined as any act, performance, or nonperformance on the part of a student that breaches the terms of the contract regardless of whether the act, performance, or nonperformance was done with specific intent to breach the contract or whether the student knew that the act, performance, or nonperformance breaches the contract.  

10.  Title 10, U.S. Code, section 2005(a), states 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 under the terms of which such person shall agree:  (1) to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement and (2) that if such person fails to complete the education requirements specified in the agreement, such person will serve on active duty for a period specified in the agreement.

11.  Title 10, U.S. Code, section 2005(f), states the Secretary concerned shall require, as a condition to the Secretary providing financial assistance under section 2107a (Financial Assistance Program for Specially Selected Members:  Army Reserve and Army National Guard; i.e., ROTC) of this title to any person, that such person enter into an agreement described in subsection (a).  In addition to the requirements of clauses (1) through (4) of such subsection, any agreement required by this subsection shall provide (1) that if such person fails to complete the education requirements, the Secretary shall have the option to order such person to reimburse the United States in the manner provided for without the Secretary first ordering such person to active duty as provided for under clause (2) of such subsection.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was accepted into an Army ROTC scholarship program.  She fully understood and accepted the terms of her enrollment.  However, she failed to satisfy the contractual requirements of this program due to her failure of the LDAC which constituted a breach of contract.

2.  She was informed of the decision to initiate disenrollment action against her.  She was advised of her rights and waived a board of officers.  She also declined an expeditious call to active duty that would have ordered her to active duty in lieu of paying her debt.

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.
She elected to accept call to active duty within 60 days after the completion of her current projected graduation date or upon withdrawal or dismissal from school.  However, there is no evidence to show the applicant returned to active duty.  

4.  The applicant's personal beliefs with regard to the inequities of the LDAC, the ROTC program, and serving in the Army are noted.  However, aside from the lack of a statutory or regulatory reason to waive her valid debt, it is contrary to equity to even consider the prospect of negating her debt for a free education she received from the Army without becoming an officer or entering active duty while thousands of other ROTC cadets annually complete their education through the very same program and fulfill their military obligation.

5.  The applicant entered into a valid Army Senior ROTC Cadet Contract.   She received advanced educational assistance in the form of ROTC scholarship monies from the U.S. Government in the amount of $18,143.00 that constitutes a valid debt to the U.S. Government.  From a statutory, regulatory, and equity standpoint, the applicant is not entitled to her requested 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)                                         AR20130004061





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ABCMR Record of Proceedings (cont)                                         AR20130004061



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