IN THE CASE OF:	  

		BOARD DATE:	    14 November 2013

		DOCKET NUMBER:  AR20130016946 


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 that his Reserve Officers' Training Corps (ROTC) debt in the amount of $38,821.45 plus interest be waived.

2.  The applicant states:

* he has enlisted in the Regular Army in military occupational specialty 18X (Special Forces) for a 5-year period
* the monthly payment for his debt is almost the same as his active duty pay, which makes living, along with other personal bills, a heavy hardship and large stressor

3.  The applicant provides:

* Orders Number 3176045, issued by the Department of Defense Military Entrance Processing Station, Tampa, FL, dated 24 June 2013
* Intra Post Transfer (Assignment) memorandum, dated 27 August 2013
* Defense Finance and Accounting Service Billing Account Statement

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (ROTC Control Group) on   31 August 2009.

2.  His DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contact) states:
	a.  in paragraph 5a, the Secretary of the Army or his or her designee may order him to active duty as an enlisted Soldier, if qualified, for a period of not more than 4 years if he failed to complete the ROTC program;

	b.  in paragraph 5b, that if offered the opportunity to repay his advanced educational assistance in lieu of being ordered to active duty, he will be required to reimburse the U.S. Government through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid by the U.S. for his advanced education from the commencement of the contractual agreement to the date of his disenrollment or refusal to accept a commission; and

	c.  in paragraph 5e, that any obligation to reimburse will not be altered by subsequent enlisted duty.  If the cadet were disenrolled from ROTC, he understood the Secretary of the Army, or his or her designee, retains the prerogative to either order him to active duty or order monetary repayment of his scholarship benefits.

3.  A memorandum, dated 21 June 2011, from the Professor of Military Science, Headquarters, Sixth Brigade, U.S. Army Cadet Command, Spartan Battalion, University of Tampa, Tampa, FL, shows the applicant was placed on a leave of absence for the fall semester 2011 and he was scheduled to return for the spring 2012 semester.

4.  A memorandum, subject:  Memorandum for Disenrollment of Applicant, dated 20 February 2012, from the Professor of Military Science, Headquarters, Sixth Brigade, U.S. Army Cadet Command, Spartan Battalion, University of Tampa, Tampa, FL, shows that a recommendation for his disenrollment was submitted.  The memorandum also shows the following:

* the applicant was counseled for his lack of attendance and performance at ROTC training events
* he reported a general lack of energy and extended sickness
* in October 2011, a medical determination was submitted to the Cadet Command Surgeon
* while waiting for a medical determination, the applicant was working as a "personal trainer" and training as the team captain for an extreme adventure race, the "Tough Mudder"
* on 3 November 2011, the Cadet Command Surgeon determined there was no prior condition or any condition that would prevent his participation in ROTC and he was found qualified for retention in the ROTC program
* the applicant was notified of the determination as well as the need to register for Spring 2012 ROTC classes and resume his participation in the program

5.  A memorandum, dated 18 May 2012, shows the applicant's ROTC commander recommended approval of his disenrollment and that he did not support the applicant's request for active duty.  Further, a handwritten note on the memorandum states, "Cadet requests active duty, but due to his perceived 'medical issues' and 'lack of drive' to conduct physical training or training it seems he would be detrimental to an active duty unit."

6.  On 27 August 2012, the applicant was disenrolled from the ROTC program due to a breach of his contract based on his failure to enroll in military science classes for the spring semester 2012.  He was advised that the monies spent in support of his education totaled $48,175 and he was provided a DA Form 5315-E (U.S. Army Advanced Educational Financial Assistance Record) detailing the debt.  Additionally, he was given the option to pay the total amount owed in a lump sum or initiate a repayment plan.

7.  His DD Form 785 (Record of Disenrollment from Officer Candidate – Type Training) shows:

* his disenrollment was due to a breach of his ROTC contract based on his failure to enroll in military science classes for spring semester 2012
* he was obligated to repay the cost of his education assistance provided by the Army

8.  On 25 June 2013, the applicant enlisted in the Regular Army for a 5-year period and no bonus.  He completed training and was awarded military occupational specialty 11B (Infantryman).  He is currently serving on active duty in the rank/grade of specialist/E-4.

9.  Army Regulation 135-210 (Order to Active as Individuals for Other Than a Presidential Selected Reserve Call-up, Partial or Full Mobilization) states former ROTC cadets, when ordered to active duty, will report to the U.S. Army Reception Battalion, bypassing the recruiting function where enlistment options are offered and negotiated, and will be ordered to active duty in pay grade E-1.

10.  Army Regulation 145-1 (Senior ROTC Program:  Organization, Administration, and Training) provides, in pertinent part, that a scholarship or non-scholarship cadet under consideration for involuntary recall to active duty for breach of contract will also be ordered within 60 days after they would normally complete baccalaureate degree requirements or the cadet is no longer enrolled in school.  The cadet will not be discharged/disenrolled from ROTC until a determination has been received from Headquarters, Cadet Command.  If it is determined that the cadet will be ordered to active duty, the cadet will not be discharged, but Headquarters, Cadet Command will issue orders ordering the cadet directly to active duty.

11.  Army Regulation 37-104-4 (Military Pay and Allowances Policy) provides policies and provisions for entitlements and collections of pay and allowances of military personnel.  Chapter 31 provides for recoupment of educational expenses, e.g., ROTC, U.S. Military Academy, and advanced civilian schooling under a previous agreement when obligated active duty service has not been completed.

12.  Title 10, U.S. Code, Section 2005, serves as the authority for reimbursements for advanced education assistance.  It states, in pertinent part, that individuals who fail to complete the terms of their advanced education assistance agreement will reimburse the U.S. for the unserved portion not fulfilled.

DISCUSSION AND CONCLUSIONS:

1.  Although not provided for in his DA Form 597-3, the applicant's 25 June 2013 enlistment in the Army serves the same purpose as would have been served had he been ordered to active duty in the Army.  The Army is still getting the benefits of his service for a period of 5 years whereas his ROTC contract would have required service of not more than 4 years.  As a matter of equity it would be appropriate to consider his enlistment in the Army to have met the active duty obligation required by his ROTC scholarship contract.

2.  If the applicant fails to complete the period of enlisted service he would have been obligated as a result of his ROTC scholarship either voluntarily or because of misconduct, his ROTC debt should be recouped on a pro-rated basis.

3.  In view of the evidence above, it would be appropriate to correct his records as indicated below.


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 the ROTC debt under the original terms of the ROTC contract by successfully completing 4 years of his current enlistment in the Regular Army.

2.  If the individual concerned fails to complete the period of enlisted service obligated as a result of his amended ROTC scholarship contract either voluntarily or because of misconduct, his ROTC debt should be recouped on a pro-rated basis in accordance with his DA Form 597-3.

3.  The Board further determined that the evidence presented was 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 waiving the entire ROTC indebtedness amount.




      __________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)                                         AR20130016946



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ABCMR Record of Proceedings (cont)                                         AR20130016946



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