IN THE CASE OF:	  

		BOARD DATE:	21 November 2013

		DOCKET NUMBER:  AR20130015857 


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 cancellation of the debt he incurred when he was disenrolled from the Reserve Officers' Training Corps (ROTC).

2.  He states he elected to serve on active duty in the Army in the Judge Advocate General's (JAG) Corps.  He fulfilled the obligation of his ROTC contract of active duty service in lieu of repayment of his educational expenses.  He was granted an ROTC scholarship while he was in law school; however, when the JAG Corps accepted him, he was disenrolled from ROTC.  He has been asked to pay back a $14,000.00 debt, but he believes he should not be required to do so since he is serving on active duty.

3.  He provides:

* self-authored statement
* Cadet Command Form 131-R (Cadet Action Request)
* memorandum, 7th Brigade, U.S. Army Cadet Command (USACC), dated 29 March 2012, subject:  Disenrollment of Scholarship Cadet from ROTC – (Applicant)
* memorandum, Headquarters, USACC and Fort Knox, dated 13 August 2012, subject:  Disenrollment from the U.S. Army ROTC Program
* letter, Defense Finance and Accounting Service (DFAS), undated
* Orders A-01-300945, U.S. Army Human Resources Command, dated 17 January 2013
* DFAS Form 702 (Military Leave and Earnings Statement)

CONSIDERATION OF EVIDENCE:

1.  On 31 October 2011, the applicant enlisted in the U.S. Army Reserve (USAR) as a cadet.  On the same date, he signed a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) accepting a 2-year ROTC scholarship to attend the University of Louisville for the purpose of obtaining a law degree.

2.  The DA Form 597-3 shows his education was to commence on 22 August 2011 and be completed on 15 May 2013.  By signing the DA Form 597-3, he agreed, in part, to the following terms:

	a.  Upon satisfactory completion of the academic, military, and all other requirements of the Army ROTC Program, he could be commissioned as a Reserve officer in the Army in the grade of second lieutenant/O-1.

	b.  He would serve up to 4 years on active duty as a commissioned officer followed by service in a Reserve Component or serve his contractual military service obligation in a Reserve Component unit that has monthly unit training assemblies and annual training periods of approximately 2 weeks.

	c.  As a 2-year scholarship recipient, he would incur an active duty and/or reimbursement obligation after the first day of his Military Science (MS) III year (junior year).

	d.  Upon completion of all requirements for appointment, he would accept appointment, if offered, as a commissioned officer in the USAR or Army National Guard of the United States.

	e.  Once he became obligated and was disenrolled form the ROTC Program for breach of contractual terms or any other disenrollment criteria –

		(1)  he agreed to serve on enlisted active duty for a period of not more than 4 years or

		(2)  if offered the opportunity to repay his advanced educational assistance in lieu of being ordered to active duty, he would be required to reimburse the U.S. Government an amount equal to the entire amount of financial assistance paid by the United States for his advanced education from commencement of the contract to the date of his disenrollment or refusal to accept a commission.

	f.  If called to active duty for breach of contract during MS III, he would be ordered to active duty for 3 years.

3.  Lieutenant Colonel (LTC) H____, a Professor of Military Science (PMS), signed the DA Form 597-3 verifying he had selected and enrolled the applicant as a cadet in the ROTC Program effective 31 October 2011.

4.  Also on 31 October 2011, the applicant signed a USACC Form 597-5 (Leaders Training Course (LTC) Addendum to Army Senior ROTC Cadet Contract) accepting an LTC bonus payment (amount unspecified).  By accepting the bonus, he agreed to meet and maintain the requirements outlined in his Army ROTC contract.  He also agreed to reimburse the U.S. Government through repayment of the bonus money if he failed to fulfill the military service obligation or active duty service obligation, if applicable, outlined in his Army ROTC contract.  The applicant's signature was witnessed by the PMS.

5.  On 18 January 2012, in a memorandum addressed "To Whom It May Concern," the applicant stated he had been accepted into another commissioning program, the U.S. Army JAG Corps' active duty program, and requested to be disenrolled from the University of Louisville ROTC Program.

6.  In a memorandum from 7th Brigade, USACC, dated 18 January 2012, subject:  Scholarship LOA (Leave of Absence) Pending Disenrollment, LTC Q____, a PMS, informed the applicant he was placed on a leave of absence effective 18 January 2012 because he was being disenrolled due to his selection for active duty service in the JAG Corps.  LTC Q____ informed him that in accordance with his contract, he could not be in two officer-producing programs at the same time.

7.  On 26 January 2012, the Chief, Judge Advocate Recruiting Office, Fort Belvoir, VA, offered him a commission in the JAG Corps.

8.  On 1 February 2012, he signed a Statement of Intent indicating he intended to accept a JAG Corps commission and intended to take the bar exam in Kentucky in July 2012.

9.  On 29 March 2012, LTC Q____ notified the applicant that he was initiating action to disenroll him from the ROTC Program as a result of his receipt of an appointment in the JAG Corps.  LTC Q____ informed him of his rights and informed him that the Army would determine whether to order him to active duty or direct repayment of the $14,468.00 in scholarship funds he had received.

10.  On the same date, the applicant:

* elected to waive his right to a hearing
* acknowledged the amount and validity of his debt as stated in the disenrollment notification was correct
* waived his right to appeal the disenrollment and/or the amount or validity of the debt
* declined call to active duty within 60 days after completion of his projected graduation date
* declined expeditious call to active duty

11.  A Cadet Command Form 131-R, dated 29 March 2012, shows the applicant stated he had requested not to repay the $14,468.00; however, if monetary payback was the only way he could be disenrolled to accept his appointment, he would repay the money.  In item 14 (Battalion Commander/PMS Certification and Recommendation), LTC Q____ recommended disenrollment without monetary payback based on the applicant's appointment in the JAG Corps.

12.  In a memorandum to the Commander, 7th Brigade, USACC, dated 29 March 2012, subject:  Endorsement of the Disenrollment of Scholarship Cadet (Applicant), LTC Q____ requested approval of the applicant's disenrollment without further monetary obligation.

13.  In a memorandum to the Commander, Headquarters, USACC, dated 1 May 2012, the Commander, 7th Brigade, USACC, recommended the applicant's disenrollment from the ROTC Program to receive an appointment in an officer training program other than ROTC.  He further recommended the applicant's dismissal without repayment of his LTC bonus of $5,000.00 because of his appointment in the JAG Corps.

14.  A Cadet Record Brief, dated 2 May 2012, shows the applicant was enrolled in a graduate program to study general law.  His graduation date was entered as 11 May 2013.

15.  On 13 August 2012, the USACC Commander notified the applicant that he was disenrolled and would be discharged from the ROTC Program under the provisions of Army Regulation 145-1 (Senior ROTC Program:  Organization, Administration, and Training), paragraph 3-43a(1).  The USACC Commander stated that when an ROTC scholarship contract is breached, any obligation to the Army must be satisfied by repaying the cost of educational assistance provided by the Army.  As shown on a DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record), the total amount of monies spent in support of his education was $14,468.00.  The applicant was directed to elect to pay the total amount in a lump sum or to initiate a repayment plan.

16.  A DA Form 5315-E shows the applicant received the $5,000.00 LTC bonus on 1 December 2011.  A payment of $8,268.00 was made on 29 February 2012 and two $600.00 payments were made on 25 November 2011 and 8 January 2012.  Total Army ROTC scholarship benefits paid were $14,468.00.  The form shows he was enrolled in MS III.

17.  U.S. Army Human Resources Command Orders A-01-300945, dated 17 January 2013, ordered him to active duty in the Regular Army as a JAG Corps first lieutenant/O-2 effective 9 February 2013.  He was ordered to active duty to fulfill a minimum active duty service commitment of 48 months.

18.  His records show he is currently serving on active duty in the Regular Army as a JAG Corps captain/O-3.

19.  He provides the following documents in support of his application:

	a.  His DFAS Form 702 for the period 1-31 July 2013 shows he received active duty pay and allowances as a captain/O-3.  The form does not show he received any special pay or bonus pay during the period.

	b.  An undated letter from DFAS shows he was indebted in the amount of $14,468.00 for the recoupment of educational expenses paid on his behalf during his participation in the ROTC Program.  The letter informed him that he could apply to this Board for suspension or termination of his indebtedness.

	c.  An undated self-authored statement provides his account of the reasoning behind USACC's decision to make him enter repayment.  He states USACC feared he could reject the offer from the JAG Corps and walk away with his scholarship.  Therefore, USACC decided to make him repay the scholarship since there was no guarantee he would actually enter active duty.  He is now serving on active duty, he has completed the officer basic course, and he is a practicing JAG.  He submits his request now because he cannot walk away from his active duty commitment.  He requests a waiver of his debt since he chose active duty service in lieu of repayment.

20.  Army Regulation 145-1 prescribes policies and general procedures for administering the Army’s Senior ROTC Program.  Chapter 3 (Student Administration), section VI (Disenrollment, Discharge, Separation, Transfer, and Leave of Absence), states a scholarship cadet may be disenrolled only by the Commanding General, USACC.  Scholarship cadets may be disenrolled to receive an appointment or enter an officer training program other than ROTC.



DISCUSSION AND CONCLUSIONS:

1.  The available evidence partially supports the applicant's request to cancel the debt he incurred when he was disenrolled from the Army ROTC Program.

2.  His ROTC scholarship contract specified that he could be ordered to active duty as an enlisted Soldier for a period of not more than 4 years or be required to reimburse the U.S. Government the entire amount of financial assistance he received if he were disenrolled.  He was disenrolled from the ROTC Program because he chose to accept appointment through a JAG Corps commissioning program.

3.  He initially elected to repay the entire amount of educational assistance expended on his behalf; however, he is now serving a 48-month active duty service obligation in the Regular Army as a JAG Corps officer.

4.  In this case, it would be appropriate to amend his ROTC contract by adding a paragraph stating, in effect, his debt will be satisfied and waived after 3 years of commissioned service in the Regular Army.  This will satisfy the contractual active duty service requirement for an MS III cadet who is disenrolled.

5.  The terms of his LTC bonus required him to fulfill the military service obligation or active duty service obligation outlined in his Army ROTC contract.  Had he fulfilled his ROTC contract, he would have been obligated to serve up to 4 years on active duty and to serve the remainder of his military service obligation in a Reserve Component.  Therefore, it would also be appropriate to amend his LTC bonus contract by adding a paragraph stating, in effect, he remains eligible for the LTC bonus if he serves the specified period after being commissioned through a program other than ROTC.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  adding the following to his DA Form 597-3 as paragraph 5f:

Any debt incurred as a result of my disenrollment from the ROTC Program during MS III will be satisfied and waived if I accept an appointment as an officer through another commissioning source and serve 3 years in the Regular Army.  If I receive such an appointment, no action will be taken to recoup my ROTC debt unless I am discharged before completing this 3-year service obligation.

	b.  adding the following to Part I (Agreement to Accept LTC Bonus Payment) of his USACC Form 597-5 as paragraph 3:

Any debt incurred as a result of failure to fulfill any part of the military service obligation or active duty service obligation outlined in my Army ROTC contract will be satisfied and waived if I accept appointment as an officer through another commissioning source and complete service equivalent to the obligations I would have incurred had I been commissioned through the ROTC Program.

2.  If the applicant fails to complete the period of service obligated as a result of his amended ROTC scholarship contract and LTC bonus contract, either voluntarily or because of misconduct, his ROTC debt would then be recouped on a pro-rated basis.

3.  The Board further determined 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 cancelling the debt 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)                                         AR20130015857



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ABCMR Record of Proceedings (cont)                                         AR20130015857



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