IN THE CASE OF:	  

		BOARD DATE:	  12 March 2015

		DOCKET NUMBER:  AR20140008054


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 forgiveness of her Reserve Officers' Training Corps (ROTC) scholarship debt.

2.  The applicant states, in effect:

	a.  She withdrew from the ROTC Program prior to the start of her sophomore year and did not attend Military Science (MS) classes during her sophomore year.  She was told she would not be charged for the financial aid she received during her freshman year if she withdrew from the program before the start of her sophomore year, which she did.  Her Professor of Military Science (PMS) did not tell her that she would end up with a debt.  She was not counseled properly every term and no one properly communicated with her about her disenrollment.  

	b.  When she joined the ROTC Program it was made clear to her that her first year of education would be free, and if she continued in the program after her first year, she was responsible for any debt she might accrue after that.  During the Fall semester of 2011, she notified her PMS that she was considering dropping out of the ROTC Program for personal reasons.  She let him know she was pregnant.  Her PMS informed her she could not stay in the program if she was pregnant; he advised her to think about her options and the future.  After losing her pregnancy, she decided to remain in the program.

	c.  In the summer of 2012, she informed her PMS that she desired to drop out of the ROTC Program.  Her PMS convinced her to stay through the Fall semester of 2012; however, she was not informed that if she continued into the Fall semester, she would accrue this debt.  Had she been aware of that, she wouldn't have continued into the Fall semester.  Cadets are supposed to be counseled every semester; however, she was only counseled once and the University of Portland ROTC Battalion has a record of that counseling.  When the Fall semester began, she had fractured her foot and was not able to attend MS classes and labs.  She dropped the classes and labs and did not attend any of them.  This led to her ROTC leadership telling her she had to disenroll from the program.

	d.  Her disenrollment resulted from medical reasons; however, her disenrollment paperwork makes no mention of this fact.  When she asked her leadership if she would incur a debt for disenrollment she was told she "probably" would not incur any debt but they couldn't give her a straight answer.  

	e.  She did not find out about her debt until she checked her credit history.  Had she known about the debt sooner, she would have contacted the Defense Finance and Accounting Service (DFAS) right away.  She is not asking for special considerations; she is merely seeking a review of her case.   

3.  The applicant provides the following documents listed chronologically:

* a memorandum from Headquarters, U.S. Army Cadet Command and Fort Knox, dated on or about 2 April 2013, subject: Scholarship Recoupment Debt – Cadet [Applicant], XXX-XX-8996, with the following enclosures:

* Addendum to Part I, Scholarship Contractual Agreement, signed by the applicant on or about 21 March 2013
* DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated 6 October 2011
* DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record), dated 5 November 2012
* a memorandum from the University of Portland Army ROTC Battalion, dated 26 November 2012, subject: Disenrollment of Scholarship Cadet from ROTC – Cadet [Applicant], XXX-XX-8996
* a memorandum from Headquarters, U.S. Army Cadet Command and Fort Knox, dated 5 March 2013, subject: Disenrollment from the U.S. Army ROTC Program

* DD Form 139 (Pay Adjustment Authorization), dated 9 May 2013
* Debt Certification Statement, dated 17 June 2013
* DA Form 200 (Transmittal Record), dated 19 June 2013
* DFAS letter to the applicant, dated 23 October 2013
* numerous email messages between the applicant and officials at DFAS and officials within the ROTC department at Portland State University
* an unofficial copy of her transcript
* medical documents and a letter from her obstetrician (OB/GYN)

CONSIDERATION OF EVIDENCE:

1.  The applicant's complete military records are not available to the Board for review.  A complete and thorough search for her military records was conducted; however, they could not be located.  This case is being considered based on the documents provided by the applicant.

2.  The applicant enlisted in the U.S. Army Reserve (USAR) as an ROTC cadet and, on 6 October 2011, she signed a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) as an addendum to her DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States). 

	a.  Paragraph 1 (Department of the Army Agreements) of her DA Form 597-3 stated she would be paid scholarship benefits for a period of four academic years.  

	b.  Paragraph 5 (Terms of Disenrollment) stated she understood and agreed that once she became obligated and was disenrolled from the ROTC Program for breach of contractual terms, the Secretary of the Army or his/her designee could order her to active duty as an enlisted Soldier for a specified period of time; or in lieu of being ordered to active duty, she could be required to repay the dollar amount, plus interest, equal to the entire amount of the financial assistance paid by the United States for her advanced education.

	c.  No part of this agreement provided for the exclusion of any amount of financial assistance she received during her first year (freshman year) from the total amount of financial assistance subject to repayment in the event of her disenrollment.  
   
3.  On 26 November 2012, by memorandum, Lieutenant Colonel (LTC) MRL, her PMS, notified her that he was initiating action to disenroll her from the ROTC Program based on her withdrawal from and lack of attendance of MS classes and labs.  LTC MRL placed her on a leave of absence pending her disenrollment. 

	a.  She was informed she could request a hearing in her case, she could appear before a board of officer or investigating officer and present matters regarding her disenrollment or indebtedness, she could consult with a military officer or counsel, and she could submit written statements in her behalf.  
	b.  She was informed that as a scholarship cadet, she could be called to active duty in an enlisted grade of private E-1 or be required to repay scholarship benefits in the amount of $10,161.55 in lieu of call to active duty in fulfillment of her contractual obligation.  She had the right to dispute the debt.

4.  On 5 March 2013, the Commanding General, U.S. Army Cadet Command, approved her disenrollment and discharge from the ROTC Program under the provisions of Army Regulation 145-1 (Senior ROTC Program: Organization, Administration and Training), paragraph 3-43a(16), due to breach of her ROTC contract.  This memorandum again informed her of her debt in the amount of $10,161.55.

5.  On or about 21 March 2013, she signed an Addendum to Part I, Scholarship Contractual Agreement, wherein she promised to repay the total amount owed, $10,161.55, in monthly installments, plus interest on the amount owed, as specified in her scholarship contract.

6.  On 23 October 2013, DFAS notified her of her debt in the amount of $10,161.55 and her requirements for repayment.

7.  On 15 May 2014, a DFAS staff member informed an ABCMR staff member that, according to DFAS systems, the applicant’s original debt was $10,161.55 and her outstanding balance including interest and penalties is $10,460.67.

8.  The applicant provides numerous documents pertaining to her debt and email communications between her and officials at DFAS and within the ROTC department at Portland State University.  

* in email to DFAS, she contends she did not receive the debt notifications 
* in emails to members of the ROTC department at Portland State University, she contests the validity of the debt and claims she was told she would not incur a debt for financial assistance received during her freshman year

She did not provide any documentation that shows her disenrollment resulted from medical reasons.

9.  Army Regulation 145-1 prescribes policies and general procedures for administering the Army Senior ROTC Program.  Paragraph 3-43, in part, states that 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.  

10.  Title 10, U.S. Code, section 2005(f) states that 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) of this title 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 applicant's request for forgiveness of her ROTC scholarship debt was carefully considered.  She contends her debit is invalid because:

* she was told she would not be charged for the financial aid she received during her freshman year if she withdrew from the program before the start of her sophomore year, which she did
* her PMS did not tell her that she would end up with a debt
* she was not counseled properly every term and no one properly communicated with her about her disenrollment  

2.  She enlisted in the ROTC Program at Portland State University.  She agreed that if she were disenrolled from the ROTC Program for any reason, she would repay her scholarship debt.  Her ROTC Scholarship Cadet Contract does not provide for the exclusion of any amount of financial assistance she received during her freshman year from the total amount of financial assistance subject to repayment in the event of disenrollment.  

3.  She entered into a valid contract and received educational assistance but failed to complete the requirements of her contract.  She was disenrolled from the ROTC Program for failing to attend MS classes and labs.  She was found to be in breach of her ROTC contract and she was notified of her disenrollment from the program and corresponding debt.  

4.  She acknowledged the correctness and validity of her debt and promised to repay the total amount owed, $10,161.55, in monthly installments, plus interest on the amount owed, as specified in her scholarship contract. 
5.  The available evidence does not contain and she has failed to provide documents that address the frequency (or infrequency) of her counseling during her period of enrollment in the ROTC Program at Portland State University.  She has not proved her contention that she was inadequately counseled during her tenure there.  Absent such clarifying documentation, administrative regularity must be presumed insofar as Army officials at Portland State University counseled her when required.

6.  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)                                         AR20110010919



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ABCMR Record of Proceedings (cont)                                         AR20140008054



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