DOCKET NUMBER: AR20130015211
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 termination of his Reserve Officers' Training Corps (ROTC) scholarship debt.
2. The applicant states that he believes his ROTC Scholarship debt should be remitted/cancelled because he served on active duty more than 3 years.
3. The applicant provides a one-page letter explaining his application, his
DD Form 214 (Certificate of Release or Discharge from Active Duty), a letter from the Defense Finance and Accounting Service (DFAS), and a copy of his disenrollment packet.
CONSIDERATION OF EVIDENCE:
1. On 20 November 2007, the applicant entered into a 4-year ROTC scholarship contract at Syracuse University. On 2 June 2008, while in the second year of his contract, his scholarship benefits were suspended because he failed to maintain a grade point average of 2.00 and sufficient credits.
2. On 10 December 2008, he was placed on a leave of absence pending disenrollment due to a lack of attendance and commitment to the ROTC Program, failure of the Army Physical Fitness Test and failure of Military Science 201.
3. On 10 December 2008, he was also advised of his rights regarding disenrollment and he was advised that he may be ordered to active duty in the pay grade of E-1 or be required to repay his scholarship benefits in the amount of $35,343.00.
4. On 13 February 2009, the applicant waived his rights to a hearing, declined a call to active duty, and elected to repay his scholarship debt.
5. On 23 March 2010, he enlisted in the Regular Army (RA) in the pay grade of E-3 for a period of 3 years and 17 weeks and training as an M1 Armor Crewman. He completed his one-station unit training at Fort Knox, Kentucky and was transferred to Korea where he served 2 years and 5 days before being transferred to Fort Benning, Georgia.
6. On 20 April 2013, he was honorably released from active duty to attend Syracuse University. He had served 3 years and 28 days of active service.
7. On 7 August 2013, DFAS sent the applicant a letter notifying him that he had an ROTC Scholarship debt in the amount of $35,343.00.
8. Title 10, U.S. Code (10 USC), section 2005(a)(3), states, in pertinent part, 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 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 such person as the un-served 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 his active duty service in the RA should fulfill his obligation under his breached ROTC contract was carefully considered. The applicant's ROTC contract called for an expeditious call to active duty in an enlisted status through ROTC channels based on the needs of the Army. Nevertheless, in this case, the applicants RA service served the same purpose as if he would have been ordered to active duty through ROTC channels.
2. The record shows that as a result of the applicants active duty service, the Government will receive the benefits of his service for more than the period he would have served had he been ordered to active duty as a result of breaching his ROTC contract.
3. In view of the facts of this case, it would be appropriate to consider his active duty service to have met the active duty obligation required by his ROTC scholarship contract as a matter of equity.
4. Had the applicant chosen active duty or been involuntarily ordered to active duty as a result of his disenrollment, he would have been assigned against the needs of the Army, in pay grade E-1, and not allowed any monetary enlistment options. While his available records do not show that he received any enlistment bonus, the prospect of negating the applicant's debt for a free education he received from the Army without becoming an officer, plus allowing him to receive any enlistment bonus he ordinarily would not have received, would be a windfall.
5. If DFAS records show the applicant did in fact receive an enlistment bonus, and while the Board has no jurisdiction to stop any enlistment bonus in this case, any such bonus would be a legitimate factor to consider in granting or denying equitable relief regarding the ROTC debt.
BOARD VOTE:
___x_____ __x______ _ x __ GRANT FULL RELIEF
________ ________ ________ 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 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 he will satisfy his ROTC scholarship debt in the amount of $35,343.00 under the original terms of the ROTC contract as a result of completing 3 years RA service.
2. The portion of the ROTC debt that would be satisfied by the above correction will be the total amount of the ROTC debt minus any cash enlistment bonus he may have received.
_______ _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) AR20130015211
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ABCMR Record of Proceedings (cont) AR20130015211
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