IN THE CASE OF:  

		BOARD DATE:  28 MAY 2013

		DOCKET NUMBER:  AR20130005996 


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 Army Reserve Officers' Training Corps (ROTC) debt (of $9,110.00) or incurring an additional service obligation.

2.  The applicant states he was disenrolled from his 3-year ROTC contract in 2007 and he chose to repay his debt; however, he was unable to do so.  He enlisted in the Regular Army (RA) on 4 January 2011.  He has now completed
2 years of service and he believes his enlistment in the RA should erase his ROTC debt.

3.  The applicant provides:

* DA Form 597-3 (ROTC Scholarship Cadet Contract), dated 9 June 2004
* DD Form 4 (Enlistment/Reenlistment Document), dated 6 September 2004
* DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record), dated 19 January 2007
* Memorandum issued by the Department of Military Science, University of Oregon, subject:  Disenrollment of Scholarship Cadet from ROTC – (applicant's name and Social Security Number), dated 29 January 2007
* Acknowledgement of Cadet attachment, dated 1 February 2007
* Memorandum issued by Headquarters, U.S. Army Cadet Command, subject:  Disenrollment from the U.S. Army ROTC Program, dated
8 November 2007
* 
DD Form 4, dated 4 January 2011
* DA Form 3286 (Statement for Enlistment), dated 4 January 2011
* Orders 0004008, issued by the Military Entrance Processing Station, Portland, OR, dated 4 January 2011
* Defense Finance and Accounting Service (DFAS) debt notice, dated
11 September 2012

CONSIDERATION OF EVIDENCE:

1.  On 6 September 2004, the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 8 years as a cadet under the ROTC scholarship program.

2.  The DA Form 597-3 shows entry into the ROTC program with entitlement to payment of scholarship benefits for 3 years during the period 27 September 2004 to 22 June 2007.

3.  A DA Form 5315-E, dated 19 January 2007, shows the monetary disbursements between 16 December 2004 and 1 May 2006.  It shows four refunds/adjustments between 22 March and 1 June 2006, totaling $600.00.  The total ROTC benefits paid totaled $9,112.00.

4.  On 29 January 2007, the applicant was notified of his disenrollment based on a failure to maintain the required minimum grade point average (GPA) and failure to maintain a full-time status, in breach of his contract.  He was advised he could be called to active duty in an enlisted rank/grade of private (PV1)/E-1 or required to repay his scholarship benefits in the amount of $9,112.00 in lieu of being called to active duty.

5.  On 1 February 2007, the applicant requested a personal appearance hearing in regard to his disenrollment and recoupment of benefits paid.  The available record does not contain any additional information on this hearing.

6.  On 8 November 2007, the applicant was notified of his official disenrollment from the ROTC program based on a failure to maintain the required minimum 2.00 GPA.  He was again advised of the amount of his debt ($9,112.00) and his options of paying the debt or entering active duty.  A copy of his election is not of record although it appears he elected the repayment option.  At the time of his disenrollment it appears he would have been considered a Military Science II (MS II) cadet.

7.  On 4 January 2011, the applicant enlisted in the RA for a period of 3 years and 16 weeks in the rank/grade of private first class (PFC)/E-3.  He enlisted for the U.S. Army Training Enlistment Program for military occupational specialty (MOS) 12B (Combat Engineer).  He did not enlist for any other options.

8.  He subsequently completed his training, he was awarded MOS 12B, and he was assigned to Fort Leonard Wood, MO for duty.

9.  On 24 April 2012, the applicant was awarded the Army Commendation Medal for meritorious service in support of Operation Enduring Freedom in Afghanistan with the 509th Clearance Company, 14th Engineer Battalion, Task Force Rugged, 18th Engineer, Brigade, Task Force Sword from 15 June 2011 to 15 June 2012.

10.  On 1 August 2012, the applicant was granted a time in grade/time in service waiver and he was promoted to specialist (SPC)/E-4.

11.  On 11 September 2012, DFAS notified him of his outstanding debt and the interest accrued against that debt.  As of that date his debt was $9,189.09.

12.  The standard DA Form 597-3 includes the following provisions and options.  It states:

	a.  If the cadet were disenrolled from the ROTC Program for breach of contractual terms or any other established disenrollment criteria, the Secretary of the Army may offer the cadet the opportunity to reimburse the U.S. government the amount of money equal to the entire amount of financial assistance paid by the United States for the cadet's advanced education from the commencement of the contractual agreement to the date of the cadet's disenrollment.

	b.  If the cadet fails to complete the ROTC program, he/she may be ordered to active duty as an enlisted Soldier, if qualified, for a period of not more than
4 years.  If called to active duty for breach of contract the enlisted active duty service obligation will be based on the year during which the breach occurs:

* Military Science II, 2 years
* Military Science III, 3 years
* Military Science IV, 4 years

	c.  The cadet is required to acknowledge that he/she 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.
13.  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.

14.  Army Regulation 145-1 (Senior ROTC Program: Organization, Administration and Training), states 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 a 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 indicates the applicant was properly disenrolled from the ROTC, he agreed to repay his scholarship, and he enlisted in the RA without repaying his scholarship indebtedness.  The indebtedness was properly created and there is no error or injustice shown in its creation.

2.  The applicant entered the ROTC program with an initial disbursement being made on or about 16 December 2004.  Due to academic failure and failure to maintain a full-time status, the applicant was disenrolled from the ROTC program.  The last disbursement was made to him in March 2006 and he repaid a total of $600.00 between March and May of 2006.

3.  The applicant's remaining debt for disenrollment from the ROTC program is $9,112.00 (plus interest).

4.  The applicant was notified of the disenrollment requirements and was provided his options to repayment of the scholarship monies he had received.  It appears by the 2006 repayments that he elected the repayment option.

5.  The applicant subsequently enlisted through a recruiter on 4 January 2011 with a 3 year and 16 week active duty obligation in the RA.  He was afforded the enlistment incentive of guaranteed training in an MOS of his choice.  It appears that based on his educational level he was authorized entrance in the rank of PFC.
6.  If the applicant had chosen to enter active duty or 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 or to receive a higher entry grade.  In this sense, the applicant sustained an advantage over similar individuals who, upon disenrollment from an ROTC program, elected to enter to or were involuntarily ordered to active duty in the rank/grade of PV1/E-1.

7.  However, as demonstrated by his early promotion to SPC and his award of the Army Commendation Medal, it appears the Department of the Army has benefited from his service for a period in excess of the 2 years of obligated service he would have had to serve had he been ordered to active duty.

8.  Although not provided for as an option on his ROTC contract, the applicant’s 4 January 2011 enlistment in the RA may be considered as serving the same purpose as if he had been ordered to active duty following disenrollment.

9.  Therefore, as a matter of equity, it would be appropriate to consider his first 2 years of this enlistment as meeting the active duty obligation required under his ROTC scholarship contract.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board believed the applicant should not be granted the relief requested.

2.  The applicant was properly discharged from ROTC and agreed to repay his scholarship.  He chose to pay his ROTC debt vice being ordered to active duty in the grade of E-1.  In his subsequent reenlistment he received a significant advantage in rank and preferred MOS, benefiting him financially over other like enlistees.

3.  Therefore, the Board determined that the evidence presented was insufficient to warrant the requested relief.



      __________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.






SFMR-RB								                29 May 2013


MEMORANDUM FOR Commander, US Army Human Resources Command, 1600 Spearhead Division Avenue, Department 100, Fort Knox, KY  40122-5100


SUBJECT:  Army Board for Correction of Military Records Record of Proceedings
for AR20130005996

1.  Reference the attached Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 28 May 2013, in which the ABCMR unanimously recommended to deny, contrary to the staff recommendation, relief of a Reserve Officers’ Training Corps debt. 

2.  I have reviewed the case, the evidence provided by the applicant, and the reasons for dissent. 

3.  The Board determined that the applicant was properly discharged from ROTC and had agreed to repay his scholarship.  He chose to repay his ROTC debt vice being ordered to active duty in the grade of E-1.  With his enlistment he received a significant advantage in rank and preferred MOS, benefiting him financially over other like enlistees.

4.  While the applicant did receive some advantage over other ROTC disenrollees, he has demonstrated that the Army has benefited from his service as noted by his early advancement to specialist and his award of the Army Commendation Medal.  

5.  Further, the ABCMR has generally granted relief in similar cases.  As a matter of equity it is appropriate to apply the same consideration to this case.  Therefore, I respectfully disagree with the Board’s recommendation, and the applicant’s request for relief is granted in full.

6.  Therefore, under the authority of Title 10, U.S. Code, section 1552, I direct that all the Department of the Army records of the individual concerned be corrected by amending his ROTC scholarship contract to show he would satisfy the service obligation under the original terms of the ROTC contract as a Regular Army enlisted Soldier.  As he enlisted in the Regular Army on 4 January 2011 and he would have had only a 2-year obligation had he been ordered to active duty, his obligation was satisfied as of 3 January 2013.





SAMR-RB
SUBJECT:  Army Board for Correction of Military Records Record of Proceedings
for AR20130005996


7.  Request necessary administrative action be taken to effect the correction of records as indicated no later than 28 September 2013.  Further, request that the individual 
concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the ABCMR be furnished a copy of the correspondence.


BY ORDER OF THE SECRETARY OF THE ARMY:



Encl						      
                             Deputy Assistant Secretary
      					      (Army Review Boards)

CF: 
(X)AMHRR
(   )DFAS