IN THE CASE OF:	  

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20130005975 


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 current active duty commitment and service be accepted in lieu of repayment of his Reserve Officers’ Training Corps (ROTC) debt of $44,647.89. 

2.  The applicant states he was told his service as a warrant officer would satisfy the contractual service obligation for not completing the ROTC commissioning process.  He disenrolled from the ROTC program in 2004 and was not advised of the debt until December 2010/January 2011.  He has nine years of service with over eight of them having been on active duty.  He has served two combat deployments and a humanitarian assistance deployment.  He requests his ongoing service be considered as a way to satisfy his contractual service obligation and relieve him of the debt and finance charges.

3.  The applicant provides:

* his ROTC contract
* disenrollment orders
* two Officer Record Briefs
* Defense Finance and Accounting Service (DFAS) letter of indebtedness
* a November 2012 Officer Evaluation Report


CONSIDERATION OF EVIDENCE:

1.  The applicant entered an ROTC four-year program on 28 August 2001.

2.  On 26 April 2004, orders were issued disenrolling him from the ROTC program.  The available records do not show the reason for his disenrollment.  
3.  On 10 May 2004, he enlisted in the U.S. Army Reserve (USAR) in a Troop Program Unit (TPU) with a service obligation of 6 years in the Selected Reserve and 2 years as a member of the Individual Ready Reserve. 

4.  He received the enlistment option of guaranteed training, for military occupational specialty (MOS) 96B (Intelligence Analyst).  He was also authorized entry in pay grade E-3.  The enlistment documents show he was not entitled to any monetary enlistment bonus.  His enlistment documents show he disclosed that he had been enrolled in ROTC.  

5.  On 1 May 2007, he enlisted in the Regular Army for five years.  

6.  In February 2009, he applied for a warrant officer appointment and received his appointment as a warrant officer on 4 August 2009 and entered active duty that date.

7.  He was promoted to chief warrant officer two on 4 August 2011.

8.  Since his disenrollment from the ROTC, his authorized awards include the Bronze Star Medal, five Army Commendation Medals, two Army Achievement Medals, Army Good Conduct Medal, Iraq Campaign Medal, and Humanitarian Service Medal.  

9.  A 10 September 2012 DFAS letter advised the applicant that he had an outstanding debt of $44,880.32 of which $44,647.89 was due to benefits received while enrolled in the ROTC program and his disenrollment from that program without completion.

10.  The standard Army ROTC Scholarship contract includes notification of the following provisions and options:

	a.  If the cadet were disenrolled from the ROTC Program for any reason, the Secretary of the Army could order the cadet to reimburse the U.S. government the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the U.S. 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.  In lieu of repayment, the cadet could be ordered to active duty for not more than four years.

	b.  If called to active duty for breach of contract, the cadet would be ordered to active duty for a period of service based upon the year during which the breach occurs: i.e. for a Military Science II, 2 years; a Military Science III, 3 years; or a Military Science IV, 4 years; and 

	c.  Requires acknowledgement that the cadet understood and agreed that if they voluntarily or because of misconduct fail to begin or fail to complete any period of active duty that they may have incurred under the contract, they would be required to reimburse the United States an amount of money, plus interest, that bore the same ratio to the total cost of the financial assistance provided as the unserved portion of such duty bore to the total obligation.

11.  In accordance with Army Regulation 135-210 (Order to Active Duty as Individuals for other than a Presidential Selected Reserve Call-Up, Partial or Full Mobilization), former ROTC cadets, when ordered to active duty, will be ordered to report to the U. S. Army Reception Battalion, bypassing the recruiting function where enlistment options are offered and negotiated, and will be ordered to active duty in pay grade E-1. 

12.  Army Regulation 145-1 (Senior Reserve Officers’ Training Corps Program: Organization, Administration and Training) provides, in pertinent part, that a scholarship or non-scholarship cadet under consideration for involuntary call to active duty for breach of contract will be so ordered within 60 days after they would normally complete baccalaureate degree requirements or the cadet is no longer enrolled in school.  The cadet will not be discharged/disenrolled from ROTC until determination has been received from Headquarters, Cadet Command.  If it is determined that the cadet will be ordered to active duty, the cadet will not be discharged, but Headquarters, Cadet Command will issue orders ordering them directly to active duty.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant participated in the ROTC program from 28 August 2001 through 26 April 2004.  This period of participation equates to a Military Science III level and incurred a 3-year service obligation upon disenrollment. 

2.  Although the reason for his disenrollment is not of record, his lack of completion of the program without reimbursement for monies received or being ordered to active duty does show the indebtedness was properly created and there is no indication of an error or injustice in its actual creation.

3.  The applicant served in an enlisted status in a TPU for 3 years followed by 2 years and 3 months enlisted service in the Regular Army before receiving his warrant officer appointment.

4.  The available records indicate he was not notified of the ROTC indebtedness until he had already served as a warrant officer for over 3 years and in an active military status for over 8 years.

5.  If the applicant had chosen to enter active duty under the ROTC disenrollment requirements or had been involuntarily ordered to active duty, at the time he failed to continue his enrollment in the ROTC, he would have been assigned according to the needs of the Army and would not have had the opportunity to choose his training.  In this sense, the applicant may have gained a slight advantage over individuals in similar situations.

6.  His enlistment in the USAR within 14 days of his disenrollment ROTC, 5 plus years enlisted service and 3 years of warrant officer service without notification of the indebtedness lends credence to his statement that he was told this service would meet his ROTC service obligation.  

7.  The applicant has given the Army over eight years service, five of those years on active duty as an enlisted Soldier and as a warrant officer.  His multiple personal awards and decorations show the Department of the Army has benefited from his service for a period in excess of the 3 years of obligated service required by his ROTC contract.

8.  Additionally, the lack of notification of this indebtedness for over eight years, during which he has provided honorable active service, creates an injustice to the applicant.

9.  Therefore, as a matter of equity, it is appropriate to consider his first three years of this enlistment as meeting the active duty obligation required under his ROTC scholarship contract.

10.  Since the applicant was notified of the debt over eight months ago, it is probable that DFAS has withheld some monies from his pay to satisfy the ROTC portion of his debt.  Therefore, it is appropriate to have DFAS review his pay records and refund any monies related to the ROTC debt that may have already been collected to the applicant.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  amending the applicant’s ROTC scholarship contract to show he would satisfy his service obligation under the terms of the ROTC contract by enlisting and serving in the Regular Army for a period in excess of his ROTC service obligation; and

	b.  refunding any monies related to the ROTC debt that may have already been collected to the applicant.



      _______ _   _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)                                         AR20130005975





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ABCMR Record of Proceedings (cont)                                         AR20130005975



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