IN THE CASE OF:	   

		BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130022161 


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 the remission/cancellation of his Reserve Officers’ Training Corps (ROTC) debt and return of all monies collected to date. 

2.  The applicant states, in effect, that he disputes the validity of his disenrollment from the Army ROTC program in 2010 as he was placed on a leave of absence pending disenrollment for failure to maintain a 2.0 grade point average (GPA) and failure to attend the Leadership Development Assessment Course 2010.  His transcript shows that he had a 2.08 cumulative GPA at the end of Spring semester 2010.  He made an election to request a hearing and personally appear and respond to his disenrollment but did not receive a response because it was mailed to an incorrect address.  He received his disenrollment memorandum and elected to repay the amount owed on 1 June 2011.  In April 2012 he received notification from the Department of the Treasury indicating that his tax return had been applied to his debt and a letter from a private collection agency indicating that they were attempting to collect the debt by garnishing his wages.  The debt has incurred a hardship on him and since he was not afforded the opportunity to appear in person to dispute the debt, it should be nullified and all funds recouped be returned to him. 

3.  The applicant provides a two-page letter explaining his application, copies of leadership assessment reports, Notification of Disenrollment of Scholarship Cadets dated 15 July 2010, Cadet Action Request, a copy of his election acknowledgement, disenrollment memorandum, notice from the Department of Treasury, three letters from a civilian collection agency, and a copy of his transcript. 

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’s records are not available for review by the Board; however, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.

3.  On 15 July 2010, while attending Howard University, the applicant was notified by his ROTC commander that action was being initiated to disenroll him from the ROTC Scholarship program based on his failure to maintain a 2.0 GPA and failure to attend Leadership Development Assessment Course 2010.  He was also advised of his right to request a hearing, consult with counsel, and to submit a statement in his own behalf.  He was further advised that he may be called to active duty in the pay grade of E-1 or be required to repay scholarship benefits in the amount of $22,275.00 in lieu of call to active duty.

4.  The applicant provides a copy of an election statement dated 2 August 2010 indicating that he requested a hearing.

5.  The applicant provides a copy of his disenrollment; however, the date (month) is not legible.  It shows that the Commanding General of the Army Cadet Command approved his disenrollment in 2010 and directed him to make an election regarding repayment of his scholarship benefits.  The memorandum was mailed to his address in Silver Spring, Maryland.  

6.  The applicant provides a copy of an election form in which he agreed to repay the amount owed in monthly installments plus interest owed, as specified in his scholarship contract.  He signed the election on 6 January 2011 and indicated that his address was in Newport News, Virginia. 
7.  The transcript provided by the applicant shows that in the Fall Semester of 2009 his GPA was 1.86 and he was placed on probation, and in the Spring Semester of 2010 his GPA was 2.08. 

8.  Title 10, U.S. Code (10 USC), section 2005(a)(3), states, in pertinent part, that 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 un-served 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 he was unjustly disenrolled from the ROTC Scholarship program has been noted and appears to lack merit.

2.  While all of the documents associated with his disenrollment are not present in the available evidence, there is sufficient evidence to show that he was disenrolled for failure to maintain a 2.0 GPA and failure to attend Leadership Development Assessment Course 2010.

3.  The notification of disenrollment does not specify the semester in which he failed to maintain a 2.0 GPA.  However, given the date of notification, it is reasonable to presume that it was based on the Fall Semester of 2009 when his GPA was 1.86.

4.  Notwithstanding the applicant’s contention that he met the GPA for the spring semester of 2010, he does not provide any explanation for his failure to attend the Leadership Development Assessment Course 2010.  Both failure to maintain a GPA of 2.0 and failure to attend the Leadership Development Assessment Course serve as a basis together or separately to disenroll an individual from the ROTC program.

5.  The applicant agreed to repay the debt, a debt that appears to be valid and absent sufficient evidence to show otherwise, there appears to be no basis to grant his request for remission/cancellation of the debt. 


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)                                         AR20130022161





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ABCMR Record of Proceedings (cont)                                         AR20130022161



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