IN THE CASE OF:	   

		BOARD DATE:	  20 March 2014

		DOCKET NUMBER:  AR20130014572 


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 forgiveness of his Reserve Officers' Training Corps (ROTC) scholarship debt in the amount of $30,471.75.

2.  The applicant states, in effect, he was assaulted by two men which resulted in a visit to the emergency room.  He was treated for several facial injuries and underwent surgeries.  As a result, he suffered physically and mentally and this in turn affected his grades.  

3.  The applicant provides:

* legal review memorandum of disenrollment proceedings
* disenrollment approval memorandum
* U.S. Army Advanced Education Financial Assistance Record
* unsigned/undated Addendum to Scholarship Contractual Agreement 
* discharge orders
* DA Form 785 (Record of Disenrollment from Officer Candidate – Type Training)
* Defense Finance and Accounting Service (DFAS) Account Statement
* disenrollment notification

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve Control Group (ROTC) on 3 September 2009.  In connection with this enlistment, he also executed a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract).  He attended Michigan State University. 

2.  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.

3.  Paragraph 6 (Enlisted Active Duty Service Obligation) of his DA Form 597-3 states that if he were called to active duty for a breach of contract under the provisions of paragraph 5, he 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 27 January 2012, his Professor of Military Science (PMS) notified him by memorandum of the initiation of disenrollment action from ROTC and placement on leave of absence based on his failing to maintain an academic semester Grade Point Average (GPA) of 2.00 (his GPA was 1.26) and failing his ROTC class.  He was advised of his right to request a hearing.  He was also notified that he 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.  He was further informed that as a scholarship cadet he could be called to active duty in an enlisted rank/grade of private (PV1)/E-1 or be required to repay scholarship benefits in the amount of $30,471.75 in lieu of a call to active duty.  The PMS further advised him the final decision was with the Commander, U.S. Army Cadet Command (USACC).

5.  On 2 February 2012, the applicant acknowledged receipt of the disenrollment memorandum.  He waived his right to a hearing and personal appearance in order to respond to the validity of the debt.  He acknowledged that:

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

6.  Additionally, on 2 February 2012, he declined the call to active duty within 
60 days after completion of his current projected graduation date or upon withdrawal/dismissal from school, whichever came first and he declined the expeditious call to active duty.

7.  On 2 February 2012, the PMS submitted a Cadet Action Request recommending the applicant's disenrollment and monetary payback.  He also initiated a DA Form 785 (Record of Disenrollment from Officer Candidate – Type Training) and rated the applicant as an average candidate in his evaluation to be considered in the future for determining acceptability for other officer training. 

8.  On 13 March 2012, the Commanding General (CG), USACC, approved the request for disenrollment and ordered the applicant disenrolled from the ROTC Program under the provisions of Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training), paragraph 3-43a(6), based on the applicant's failure to maintain a minimum semester academic GPA of 2.0 on a 4.0 scale.  The CG's memorandum notified the applicant that when the ROTC scholarship contract is breached, an obligation to the Army must be satisfied by repaying the cost of advanced educational assistance provided by the Army and that the amount of monies spent in support of his education was $30,471.75.

9.  Additionally, the CG provided the applicant a DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record) detailing the debt and ordering the applicant to elect an option as far as paying the full amount in one lump sum payment or initiate a repayment plan.  He was also notified that the addendum with his election must be received within 14 days of his receipt and failure to respond by the suspense date may result in the initiation of involuntary collection action. 

10.  The applicant did not acknowledge or sign the Addendum or make an election of the method to fulfill his contractual obligation (agreeing to pay the debt in one lump sum payment or in installments).

11.  On 13 March 2012, the Department of Military Science, Michigan State University published Orders 073-1 ordering his discharge from the U.S. Army Reserve Control Group (ROTC) effective 13 March 2012. 

12.  He previously provided medical documents (his first application was administratively closed) in relation to an incident of an assault that occurred in March 2011 by other students at Michigan State University and the subsequent medical treatment he received. 

13.  Army Regulation 145-1 prescribes policies and general procedures for administering the Army's Senior ROTC Program.
	a.  Paragraph 3-39 states the CG, USACC is the approving authority for termination of scholarship and/or disenrollment.  Paragraph 3–39c identifies the exception pertaining to 4-year scholarship winners discharged early from active duty.  A scholarship will be terminated and the cadet disenrolled for any of the reasons listed in paragraph 3–43.  The 4-year scholarship students can be disenrolled at their own request during MS I only.

	b.  Paragraph 3-43 states that non-scholarship and scholarship cadets will be disenrolled for a breach of contract.  Sub-paragraph 3-43a 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.  One reason for disenrollment is the failure to maintain a minimum semester or quarter cumulative academic GPA of 2.0 on a 4.0 scale or higher if required by the school and at least a 3.0 on a 4.0 scale or equivalent semester or quarter and cumulative average in all ROC courses. 

14.  Title 10, U.S. Code, section 2005(a), states that 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.

15.  Title 10, U.S. Code, section 2005(f), states that 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.  He fully understood and accepted the terms of his enrollment.  However, during his third year, he failed to satisfy the contractual requirements of this program due to failing to maintain an appropriate GPA. 

2.  He agreed that if he were disenrolled from the ROTC Program for any reason, he would have to repay his scholarship debt or be ordered to active duty in the rank/grade of PV1/E-1 for an appropriate number of years.  The evidence of record shows he failed to satisfy the contractual requirements of this program.  As he was found in breach of his ROTC contract, he was accordingly notified of his disenrollment from the program.  He waived consideration of his case by a disenrollment board where he could have raised the issue of his assault affecting his academics.  His disenrollment was ultimately approved by the appropriate official.  

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.  He declined service on active duty and failed to make an election regarding repayment of this debt.  The applicant breached his ROTC contract; therefore, he is not entitled to relief.

4.  He provides no reason to waive his valid debt.  

5.  The applicant entered into a valid Army Senior ROTC Cadet Contract.   He received advanced educational assistance in the form of ROTC scholarship monies from the U.S. Government in the amount of $30,471.75 that constitutes a valid debt to the U.S. Government.  The final decision belonged to the CG, USAAC.  From a statutory, regulatory, and equity standpoint, the applicant is not entitled to his 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)                                         AR20130014572



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ABCMR Record of Proceedings (cont)                                         AR20130014572



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