IN THE CASE OF:
BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130014629
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 his Reserve Officers' Training Corps (ROTC) debt be remitted.
2. The applicant states:
* He is currently on active duty in the Army for a total of 4 years
* He has every intention of fulfilling his contract and serving his country
3. The applicant provides:
* Letter from the Defense Finance and Accounting Service (DFAS)
* DA Form 4/1 (Enlistment/Reenlistment Document)
* Enlisted Record Brief
CONSIDERATION OF EVIDENCE:
1. On 1 October 2009, the applicant enlisted in the U.S. Army Reserve (USAR) ROTC Control Group for a period of 4 years. His DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) shows he agreed that if he were disenrolled from the ROTC program for breach of contractual terms, he would have to repay his scholarship debt or be ordered to active duty for not more than 4 years.
2. On 27 June 2012, he was disenrolled and discharged from the ROTC program. His disenrollment was based on his withdrawal from the academic institution.
3. He provides an enlistment contract which shows he enlisted in the Regular Army (RA) on 2 April 2013 for a period of 4 years in pay grade E-3 for no bonus. He is currently attending advanced individual training for military occupational specialty 14E (patriot fire control enhanced operator/maintainer) at Fort Sill, Oklahoma.
4. He also provides a letter, dated 10 July 2013, from the Directorate of Debt and Claims Management, DFAS, Indianapolis, Indiana that states:
a. the principal amount of his debt being recouped for education expenses that were paid on his behalf during his participation in the ROTC program equals of $71,066.00;
b. records also show he is currently serving in an active duty status in the U.S. Army; and
c. he may apply to this board for suspension or termination of this indebtedness.
DISCUSSION AND CONCLUSIONS:
1. According to DFAS records, the applicant incurred an ROTC debt for education expenses in the amount of $71,066.00.
2. Although not provided for in his DA Form 597-3, the applicantÂ’s 2 April 2013 enlistment in the RA served the same purpose as would have been served had he been ordered to active duty. The RA is still getting the benefits of his service for a period of 4 years. As a matter of equity it would be appropriate to consider his 4-year enlistment in the RA to have met the active duty obligation required by his ROTC scholarship contract.
3. If the applicant fails to complete the period of enlisted service obligated as a result of his 2 April 2013 enlistment either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his ROTC scholarship contract to show that he would satisfy his $71,066.00 ROTC debt under the original terms of the ROTC contract by successfully completing his current 4-year enlistment in the RA.
2. If the individual concerned fails to complete 4 years of enlisted active service obligated as a result of his amended ROTC scholarship contract either voluntarily
or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis in accordance with his DA Form 597-3.
3. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to granting the full relief requested at this time.
_______ _ _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.
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