IN THE CASE OF:	  

		BOARD DATE:	  18 February 2014

		DOCKET NUMBER:  AR20130021540 


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/cancellation of his Reserve Officers’ Training Corps (ROTC) debt.

2.  The applicant states, in effect, that his debt should be waived because he has served more than 24 months of consecutive active Army service and he is still serving.  He goes on to state that he has not been allowed to return to long-term contracted active service since 2005 but he is still capable of serving on active duty.  He would still like to be commissioned as an officer and serve 20+ years of active service.

3.  The applicant provides copies of his DD Forms 214s (Certificate of Release or Discharge from Active Duty), orders to active duty, ROTC documents, evaluation reports, and a notification letter from the Defense Finance and Accounting Service (DFAS).

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 served in the Regular Army from 3 February 1994 to 21 August 1997 when he was honorably discharged to enter an officer training program (Green to Gold).

3.  On 23 August 1997, he enlisted in the U.S. Army Reserve (USAR) for a period of 8 years and assignment to the ROTC Control Group.  He also signed an ROTC Cadet Scholarship Agreement (4 year) in which he acknowledged that he understood if he was disenrolled from the ROTC program for any reason or if he failed to accept a commission if offered, that he may, at the discretion of the Army, be directed, in lieu of being ordered to active duty as a private (E-1), or be required to reimburse the United States through repayment of an amount of money equal to the entire amount of financial assistance paid by the United States for his advanced education.  

4.  On 30 January 2003, the applicant was counseled regarding his failure to maintain a 2.0 grade point average for the 2002 fall semester, failure to register for 2003 spring classes, and after academic review disenrollment from the Senior ROTC program.  

5.  On 3 March 2003, the applicant was notified that action was being initiated to disenroll him from the ROTC program due to academic/ROTC failure and breach of contract.  He was also advised that he was being placed on a leave of absence pending his disenrollment.

6.  The applicant elected to appear before a board of officers to respond to his disenrollment and scholarship indebtedness.  He also elected to accept expeditious call to active duty.  The board was scheduled for 12 August 2003.

7.  The actual board proceedings are not present in the available records and while the delay is not explained in the available records, on 6 September 2005 a memorandum was dispatched from the Army Cadet Command notifying him that he was disenrolled from the ROTC program due to breach of contract as evidenced by his failure to maintain a minimum grade point average of 2.0.  He was advised of his options to either request to be ordered to active duty or repay the amount of $33,787.00.  The applicant elected to repay the debt in monthly installments on 20 September 2005.

8.  On 29 September 2005, he was discharged from the USAR Control Group (ROTC).  His service was uncharacterized.
9.  On 14 December 2005, he enlisted in the Georgia Army National Guard (GAARNG) in the pay grade of E-4.  He has been ordered to active duty on several occasions and served in Afghanistan during the period 31 May 2011 through 16 April 2012.

10.  He received his Bachelor of Arts degree in May 2009 and was promoted to the pay grade of E-6 on 16 November 2011.  

11.  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 as a member of the GAARNG 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 (E-1) through ROTC channels at the needs of the Army or election to repay the debt.  Although he initially elected to be called to active duty, at the time of his disenrollment he elected to repay the debt in monthly installments.

2.  While the applicant did enlist in the GAARNG in 2005, he did so in pay grade E-4 instead of being ordered to active duty in pay grade E-1 for 4 years based on the needs of the Army.  There is no evidence of record and the applicant provided none to show he has served on active duty for 4 years.

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 that 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)                                         AR20130021540



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ABCMR Record of Proceedings (cont)                                         AR20130021540



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