IN THE CASE OF:	  

		BOARD DATE:	  25 February 2014

		DOCKET NUMBER:  AR20130019871 


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 remission of his Reserve Officers' Training Corps (ROTC) debt in the amount of $20,649.

2.  The applicant states he is requesting waiver of his ROTC debt due to the time he has served as an enlisted member [in the Regular Army (RA)], thereby fulfilling his ROTC contract.

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* DA Form 5315 (U.S. Army Advanced Education Financial Assistance Record)
* U.S. Army Recruiting Command (USAREC) Form 1232 (Loan Repayment Program Inprocessing Counseling)
* a memorandum
* a letter 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army ROTC as a cadet on 1 February 2005 and he was assigned to the U.S. Army ROTC Battalion, University of Dayton, Dayton, OH.  

2.  He provides a memorandum, dated 21 November 2005, from the Professor of Military Science, ROTC Battalion, University of Dayton, wherein he was informed he was being disenrolled from the ROTC program in accordance with Army Regulation 145-1 (Senior ROTC Program:  Organization, Administration, and Training) based on his withdrawal from the university.

	a.  The memorandum also notified him that if he was a scholarship cadet, he could be called to active duty in the enlisted grade of E-1 or required to repay scholarship benefits in the amount of $20,649 in lieu of call to active duty. 

	b.  If eligible, he may choose expeditious call to active duty in order to satisfy the breach of contract.  If he elected that option he would normally be ordered to active duty within 30 days of his disenrollment. 

3.  The applicant provides a DA Form 5315, dated 28 February 2006, wherein it shows as of that date he had received ROTC scholarship benefits totaling $20,649.  The specific date he was disenrolled from the ROTC program is unknown.

4.  On 4 April 2006, he enlisted in the RA in the rank/grade of private first class (PFC)/E-3 for a period of 4 years and 16 weeks.  He enlisted in MOS 11B (Infantryman) for a $27,000 cash bonus and the Student Loan Repayment Program (SLRP) not to exceed $65,000.  

5.  On 25 March 2009, he reenlisted in the RA for a period of 5 years and for a $7,000 cash bonus.  He is currently serving on active duty in the rank/grade of sergeant (SGT)/E-5.

6.  The applicant also provides a letter, dated 8 October 2013, from the Defense Finance and Accounting Service (DFAS), wherein it stated records showed he had a debt of $20,682.33 for the recoupment of education benefits he was paid during his participation in ROTC.

7.  In an email, dated 12 February 2014, a DFAS official verified the applicant received $27,000 for his 2006 enlistment and $7,000 for his 2009 reenlistment.  It is not known if he received any benefits under the SLRP.

8.  Army Regulation 145-1 prescribes policies and general procedures for administering the Army's Senior ROTC Program.  Paragraph 3-43 states that non-scholarship and scholarship cadets will be disenrolled for a breach of contract.  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.  

9.  Title 10, U.S. Code (USC), section 2005(a), states 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.

10.  Title 10, U.S. Code, section 2005(f), states 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) 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 enlisted under an ROTC Program.  He agreed if he were disenrolled from the ROTC Program, he would have to repay his scholarship debt or be ordered to active duty in the rank/grade of private/E-1 for an appropriate number of years.  The evidence of record shows he failed to satisfy the contractual requirements of this program due to his withdrawal from the program.

2.  He enlisted in the RA on 4 April 2006 for a $27,000 bonus and, on 25 March 2009, he reenlisted in the RA for a $7,000 bonus.  He is currently serving on active duty.

3.  Although his service in the RA for almost 8 years could be considered as having met the active duty obligation required by his ROTC scholarship contract, to negate his $20,649 debt for the free education he received from the Army without becoming a commissioned officer after he received $34,000 in bonuses he ordinarily would not have received would be an injustice to others who fulfilled their contracts and violate the integrity of the ROTC program.  
4.  In view of the foregoing, he is not entitled to the 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)                                         AR20130019871





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130019871



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1