IN THE CASE OF:	  

		BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130013300 


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 cancelation of her Reserve Officers’ Training Corps (ROTC) disenrollment indebtedness.

2.  The applicant states her disenrollment was improper.  The information provided to her by the Defense Finance and Accounting Service (DFAS) initially showed the wrong college and monetary amount owed, if there were a valid debt.  Cadet Command did not consider her appeal and stated she had not appealed the disenrollment action within the required time frame.  Her last Army Physical Fitness Test (APFT) score on the run was based on the standards for males, not for females.  If it had been properly scored she would not have been shown to have a drop in her score.

3.  The applicant provides copies of -

* her 13 February 2013 appeal of her disenrollment and indebtedness
* a February 2013 U.S. Postal Service tracking form
* 155 pages of official documents related to her disenrollment

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Iowa Army National Guard on 28 April 2006, completed training, and was awarded military occupational specialty 91W (Health Care Specialist).

2.  She entered the ROTC four-year scholarship program at the University of Wisconsin - Madison on 4 September 2007.

3.  On 24 October 2007, the applicant received an uncharacterized separation from the Iowa Army National Guard.  The reason shown is transfer to another Reserve component. 

4.  On 23 January 2009, she withdrew from the University of Wisconsin - Madison with a grade point average (GPA) of 2.12.

5.  On 27 March 2009, she again enlisted in the Iowa Army National Guard.  

6.  The applicant transferred to the University of Iowa with a continuation in the ROTC scholarship program in the fall of 2009.

7.  The applicant's Developmental Counseling Forms, dated 18 November 2010 and 11 February 2011, show she had passed the APFT's and was academically qualified but had failed the Combat Water Survival Test (CWST) (a requirement for commissioning).  The November 2010 form also shows she had missed seven Military Science (MS) classes, two MS labs, and ten physical fitness sessions and failed the CWST.

8.  The applicant was given a failing grade for the MS III course.  The failure was noted as being due to excessive absenteeism, 9 of 27 classes.  She appealed the grade to the University; however, the University upheld the failing grade.

9.  On 16 June 2011, the applicant was notified of her commander's intent to disenroll her from the ROTC Program.  The reasons cited were due to her failure of the MS III course, failure to pass the CWST, and a drop in her physical fitness scores.  

10.  On 16 August 2011 a Disenrollment Board of Officers hearing was held with the applicant present.  It recommended that the applicant be disenrolled from the ROTC program and be required to reimburse the government her scholarship monies in the amount of $43,537.56.

11.  On 30 August 2011 and again on 25 October 2012, the applicant's ROTC commanding officer recommended disenrollment due to failure to maintain academic standards in her MS class which resulted in a breach of her contract.  

12.  An undated memorandum from the Deputy Chief of Staff for Personnel - G1 to the ROTC Instructor Group at the University of Iowa directed that the applicant be disenrolled for failure to maintain a 2.0 GPA for "semester 2010-2011" and established a debt.  The Point of Contact was Mrs. J. Sxxxxx.

13.  The applicant provides copies of several 2012 emails to and from the Human Resources Technician, Mrs. J. Sxxxxx, and the applicant's ROTC command group.  These emails state that the disenrollment packet was legally insufficient as prepared, reason 6 - failure to maintain GPA.  The applicant had over a 2.0 GPA; therefore, she could not be disenrolled under reason 6.  If she was being processed for reason 14 (misconduct) then she must be afforded notification for this type of processing.  The response to Mrs. Sxxxxx was that the disenrollment issue was that of her GPA.  

14.  A 7 December 2012 memorandum from the Attorney Advisor to G-1 stated he reviewed the proceedings of the applicant's board and changes to the disenrollment packet.  He found them to be legally sufficient for disenrolling the applicant for failure to maintain a 2.00 GPA.

15.  The only available APFT scorecard is for 2011 and shows she passed three APFT's with -

* a January 2011 run raw score of 14.40 for 100 points
* a March 2011 run raw score of 17.08 for 84 points
* an April 2011 run raw score of 15.12 for 76 points 

16.  The applicant's available college transcripts provide the following - 

* Transfer credit from the University of Wisconsin-Madison of 25 hours 
* 1st semester 2009 - 2010  - GPA 3.36 with an "S" in Advanced Military Fitness Training
* 2nd semester 2009 - 2010  - GPA 2.90 with an "F" in Advanced Military Fitness Training
* 1st semester 2010 - 2011  - No courses/GPA shown
* 2nd semester 2010 - 2011  - GPA 2.17 with an "F" in Leadership (MSL 302) (emphasis added) and an "S" in Advanced Military Fitness Training
* 1st semester 2011 - 2012  GPA 3.29 with no military science courses
* 2nd semester 2011 - 2012 GPA 3.24 with award of a Bachelor of Arts degree

17.  Her Cadet Record Brief, dated 8 September 2012, provides the following - 

* Military Science (MS) class - 3
* Academic Class - 3 Junior
* Graduation date of 12 May 2012
* Disenrollment information is blank
* Current ROTC GPA - 0.00
* Current Academic GPA - 2.17
* MS1 GPA - 4.00
* MS2 GPA - 3.88
* MS3 GPA - 2.77
* MS4 GPA - blank
* Academic 1 (ACAD) GPA - 1.81
* ACAD2 GPA - 2.62
* ACAD3 GPA - 2.50

18.  The available record contains no documentation of DFAS's actions related to the recoupment of debt. 

19.  Army Regulation 145–1 (Senior Reserve Officers’ Training Corps Program: Organization, Administration, and Training), Section VI (Disenrollment, Discharge, Separation, Transfer, and Leave of Absence) paragraph 3-43 (Disenrollment) states  a scholarship cadet may be disenrolled for reasons including:

   a.  Because of 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.
   
   b.  Failure to maintain a minimum semester or quarter cumulative academic GPA of 2.0 on a 4.0 scale and at least a 3.0 on a 4.0 scale or equivalent semester or quarter and cumulative average in all ROTC courses.
   
   c.  Failure to meet the same requirements of the Army Weight Control Program and the APFT as required of active duty Soldiers prior to the end of the last school term of the MS III year.
   
   d.  Indifferent attitude or lack of interest in military training as evidenced by frequent absences from military science classes or drill, an established pattern of shirking, failure to successfully complete an established weight control program, or similar acts.
   
   e.  Breach of contract (including formerly used term willful evasion).  (Note: 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 or not the student knew that the act, performance or nonperformance breaches the contract).
DISCUSSION AND CONCLUSIONS:

1.  The applicant served in a dual status as an enlisted member in the Iowa Army National Guard and as an ROTC scholarship cadet. 

2.  The question of whether or not the proper conversion factor was used for one of her APFT run scores is not directly relevant to her disenrollment except it does show that the person doing the calculations did not do so properly.  The applicant still passed the APFT. 

3.  The general statements about the reason for the applicant's disenrollment is incorrectly stated.  The applicant had maintained a GPA over 2.0 throughout her college courses; however, the formal reason cited for disenrollment was failure to maintain academic standards in her MS class and ultimately dealt only with her failure of the MS III course due to excessive absenteeism, a fact which she freely admits is true. 

4.  The applicant is shown to have failed to meet ROTC continuation requirements under at least three provisions of the disenrollment regulations including - 

* failure to maintain a 3.0 on a 4.0 scale semester and cumulative average in all ROTC courses
* indifferent attitude as evidenced by frequent absences from military science classes or drills
* breach of contract by nonperformance on her part, whether or not the nonperformance was done with specific intent to breach the contract or whether or not the student knew that the act breaches the contract

5.  Additionally, the applicant would have been precluded from being commissioned as there is no evidence she passed the CWST.

6.  There is no documentation to support the applicant's contention that she was denied her rights to appeal her disenrollment.  The process for her disenrollment took several months to accomplish with several omissions, corrections, and notifications of procedural requirements being afforded the applicant.  







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)                                         AR20130013300





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ABCMR Record of Proceedings (cont)                                         AR20130013300



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