BOARD DATE:	  23 January 2014

		DOCKET NUMBER:  AR20130020076 


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, in effect, reimbursement of the Reserve Officers' Training Corps (ROTC) Scholarship debt of $26,934.14 he paid the government.

2.  The applicant states, in effect, he has been paying his ROTC Scholarship debt since 2002 when he was released from the ROTC.  He was informed by Defense Finance and Accounting Service (DFAS) officials that his active duty service should have satisfied the debt.  He enlisted in the Army in 2004 and believed that he would no longer have to pay the debt as a result, but he was told on numerous occasions that he would have to repay the loan.

3.  The applicant provides copies of two letters from DFAS, his Cadet Record Brief, and his Enlisted Record Brief.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was disenrolled from the ROTC Scholarship Program on 7 July 2002.  It must be presumed in the absence of evidence to the contrary that he elected to repay the scholarship debt rather than being involuntarily ordered to active duty in pay grade of E-1.

3.  On 29 September 2004, he enlisted in the Regular Army in pay grade E-3 for a period of 5 years and training as a military policeman.  He completed one-station unit training at Fort Leonard Wood, Missouri, and airborne training at Fort Benning, Georgia.  He was transferred to Fort Bragg, North Carolina.

4.  He deployed to Afghanistan during the period 15 July through 9 November 2005 and to Iraq during the period 29 November 2006 through 22 August 2007 and reenlisted on 4 January 2007 for a period of 6 years and a selective reenlistment bonus (SRB).  He was promoted to pay grade E-6 on 1 August 2011.

5.  On 31 October and 20 November 2013, officials at DFAS dispatched a letter to the applicant notifying him that his debt had been paid in full.

6.  The applicant's records do not contain and he has not provided copies of his ROTC Scholarship Contract, his disenrollment notice, his election or the initial notice from DFAS informing him of his debt and the options available to him to satisfy the debt.

7.  Title 10, U.S. Code, section 2005(a)(3), 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 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 unserved 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 Regular Army should fulfill his obligation under his breached ROTC contract was carefully considered.  The applicant's ROTC contract would have called for an expeditious call to active duty in an enlisted status through ROTC channels at the needs of the Army or election to repay the debt.  It is reasonable to presume the latter was the applicant's election since he stated he started repaying the debt in 2002.

2.  While the applicant did enlist in the Regular Army in 2004, he did so in pay grade E-3 and was able to select a training option instead of being ordered to active duty in pay grade E-1 based on the needs of the Army.

3.  It is also apparent that the applicant took the honorable course of action by repaying what is considered a valid debt, and while he has continued to serve on active duty since 2004 his active service does not invalidate the basis of the debt he has paid off over the course of 9 years.

4.  Although the Board has forgiven some ROTC debts based on a variety of circumstances, it is usually done from the perspective that the debt will impose a hardship on the individual and does not involve reimbursement of funds that were properly paid toward a valid debt.

5.  It should also be noted that the only provisions for satisfying a ROTC debt with service is to accept an expeditious call to active duty in pay grade E-1 for training to meet the needs of the Army or if the Board elects to accept such service in lieu of the debt.

6.  The applicant’s ROTC Scholarship Contract, his election of options, and specifically his ROTC disenrollment packet are not available.  In the absence of evidence showing his debt was not valid and that he was not obligated to satisfy the debt and, again, specifically without knowing the reason for his disenrollment from ROTC, there appears to be no basis to grant his request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x__  __x_____  ____x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.




      __________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)                                         AR20130020076



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ABCMR Record of Proceedings (cont)                                         AR20130020076



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