IN THE CASE OF: 

		BOARD DATE:	    22 April 2014

		DOCKET NUMBER:  AR20130013969 


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, reimbursement of the monies paid by his deceased son, a former service member (FSM), to satisfy his Reserve Officers' Training Corps (ROTC) debt.

2.  The applicant states, in effect, the FSM paid back $14,161.08 of his ROTC debt while serving as an enlisted member and as a cadet at the U.S. Military Academy before the debt was suspended because he was serving on active duty.  The FSM completed his service requirements for payment of the debt and the monies he paid should be refunded.

3.  The applicant provides copies of his driver's license as identification and the FSM's birth certificate, death certificate, military identification card; timeline of events; letter from the Defense Finance and Accounting Service (DFAS) to a Congressional representative; disenrollment packet from ROTC; letter from DFAS informing the FSM of his debt; and email regarding suspension of his debt.

CONSIDERATION OF EVIDENCE:

1.  On 29 August 1994, the FSM entered into a 4-year ROTC Scholarship agreement at Vanderbilt University.

2.  On 1 April 1997, the FSM was disenrolled and discharged from ROTC due to academic failure.  He elected to repay the debt of $40,227.41 in monthly installments in lieu of being ordered to active duty in pay grade E-1 for training to be determined based on the needs of the Army.

3.  On 4 June 1997, the FSM enlisted in the Regular Army in pay grade E-3 for a period of 4 years and 17 weeks under the infantry and ranger training option and a $12,000.00 enlistment bonus.

4.  The FSM completed his training and was serving in pay grade E-4 when he was accepted for attendance at the U.S. Military Academy at West Point, New York.

5.  On 27 June 1999, the FSM was honorably released from active duty to attend a military academy.  He completed 2 years and 13 days of active service.

6.  In March 2000, DFAS suspended collection of the FSM's debt pending his completion of the U.S. Military Academy and continued the suspension through 2008.

7.  On 31 May 2003, the FSM was commissioned as a U.S. Army Reserve second lieutenant and was detailed as an Aviation Branch officer with concurrent call to active duty.  He completed his training and was transferred to Korea in 2006.  He was promoted to the rank of captain on 30 May 2009.  He served in Korea until 2009 when he was transferred to Fort Campbell, Kentucky.

8.  Meanwhile, in 2008, the FSM was notified that his debt balance was written off as the account had reached the statute of limitations.  The FSM submitted a request for reimbursement of the funds he had already paid because he had served in an enlisted status for 2 years.  He was informed that he would have to apply to this Board to have his debt cancelled in order to receive a refund.  There is no evidence in the available records to show the FSM ever made any such application.

9.  The FSM was promoted to the rank of major on 1 February 2013.  On 20 May 2013, he passed away at Fort Sam Houston, Texas, while assigned to the Warrior Transition Battalion.

10.  Title 10, U.S. Code, section 2005(a)(3), states the Secretary concerned may require, as a condition to the Secretary providing advanced educational 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 to such person as the unserved 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 the FSM's active duty service in the Regular Army should fulfill his obligation under his breached ROTC contract was carefully considered.  The FSM's ROTC contract called for an expeditious call to active duty in an enlisted status through ROTC channels at the needs of the Army or election to repay the debt.  It is reasonable to presume the latter was the FSM's election since he stated he started repaying the debt in 1997 while serving in an enlisted status.

2.  While the FSM did enlist in the Regular Army in 1997, he did so in pay grade E-3 and was able to select a training option instead of being ordered to active duty in pay grade E-1 based on the needs of the Army.  Additionally, he received a $12,000.00 enlistment bonus.

3.  It is also apparent that the FSM took the honorable course of action by repaying what is considered a valid debt, and while he continued to serve on active duty after being commissioned in 2003 his active service does not invalidate the basis of the ROTC debt.

4.  It should also be noted that the only provisions for satisfying an ROTC debt with service is to accept an expeditious call to active duty in pay grade E-1 for training to meet the needs of the Army or if the Board elects to accept such service in lieu of the debt.  In this case there does not appear to be any error or injustice.

5.  In the absence of evidence showing his debt was not valid and that he was not obligated to satisfy the debt, there appears to be no basis to grant the applicant's request to refund the debt payments made by the FSM.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by his late son in service to the United States.  The applicant and all Americans should be justifiably proud of his son's service in arms.



      _______ _  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)                                         AR20130013969



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130013969



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1