IN THE CASE OF:	  

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140008069 


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, cancellation/forgiveness of his Reserve Officers' Training Corps (ROTC) Education Tuition Assistance debt in the amount of $8,255.00.

2.  The applicant states, in effect, when he left college ROTC cadets were given two choices:  either repay the tuition assistance or enlist in the Army for at least 
2 years.  He is now on his second reenlistment and he thought he was no longer required to repay the debt.  However, he received a notice from the Defense Finance and Accounting Service (DFAS) that states the debt is due.

3.  The applicant provides:

* notice of debt collection from DFAS
* Enlisted Record Brief
* 2 DD Forms 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* DA Form 3286 (Statements for Enlistment)
* DA Form 3340-R (Request for Reenlistment or Extension in the Regular Army (RA))
* self-authored statement





CONSIDERATION OF EVIDENCE:

1.  He initially enlisted in the Georgia Army National Guard (GAARNG), on 
14 January 2008, while enrolled at Georgia Military College/Georgia College and State.  A DA Form 597-3 (Army Senior Reserve Officers' Training Corps (ROTC) Scholarship Cadet Contract), dated 14 January 2008, shows he contracted to receive scholarship benefits for two academic years, but ended his term after 
8 months and 19 days.  The contract shows he acknowledged he would be obligated for 2 years of active enlisted service if he did not complete his contracted term.

2.  On 11 August 2009, he enlisted in the RA.  His enlistment contract shows he enlisted for a cash bonus ($4,000) and a high grad bonus.  He also reenlisted, on 1 October 2013.  By his reenlistment date, he had completed 4 years, 1 month, and 20 days of active duty.

3.  An advisory opinion, dated 20 May 2014, was provided by the Office of the Deputy Chief of Staff, G-1, Incentives and Budget Branch, wherein it is recommended the applicant be granted relief.  This recommendation is based on rulings by the Office of the Under Secretary of Defense (USD), dated 21 May 2008, stating Soldiers fulfilling an active duty obligation in any branch of the military shall have any bonus debt or education stipend forgiven provided the new period of service matches or exceeds the existing service contract for which the debt was incurred.

4.  He was provided a copy of the advisory opinion on 19 May 2014; but he did not respond.

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

6.  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.

7.  Army Regulation 135-210 prescribes policies and procedures for ordering individual Soldiers of the Army National Guard of the United States and the USAR to active duty during peacetime.  It states that former ROTC cadets, when ordered to active duty, will be ordered to report to the U. S. Army Reception Battalion and will be ordered to active duty in pay grade E-1.

DISCUSSION AND CONCLUSIONS:

1.  The applicant incurred a 2-year active duty obligation when he did not complete the contracted term for receipt of his ROTC Scholarship.

2.  Although he did not immediately enlist in the active Army, he did enter active Army service 10 months and 10 days later, on 11 August 2009.  By the time he reenlisted, on 1 October 2013, he had completed more than the required two years of service.

3.  USD policy allows bonus debt or education stipends to be forgiven as long as the recipient has fulfilled an active duty obligation that matches or exceeds the contracted period wherein the debt was incurred.  The applicant incurred a 
2-year obligation as a result of receiving the ROTC Scholarship, and has met USD requirements for debt forgiveness.  

4.  However, the prospect of negating the applicant’s $8,255.00 debt for a free education he received from the Army without becoming an officer, plus allowing him to receive at least a $4,000 enlistment bonus he ordinarily would not have received, is a windfall.  While the Board has no jurisdiction to stop the $4,000 case bonus and the (dollar amount unknown) high grad bonus in this case, the bonuses are legitimate factors to consider in denying equitable relief regarding the ROTC debt.

5.  Based upon the foregoing, the requested relief should be granted.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his ROTC scholarship contract to show his enlistment contract, dated 11 August 2009, would satisfy the service obligation under the original terms of the ROTC contract, minus any bonuses he may have already received.

2.  That Defense Finance and Accounting Service should determine if he has been paid or is due to be paid a bonus or any other monetary incentives, as a result of his enlistment in the Regular Army on 11 August 2009.  In the event that he has been paid a cash bonus or a high grad bonus or becomes due for payment of that bonus, the relief of the ROTC scholarship debt should be offset by the bonus payment he was paid but only up to $8,255.00.

3.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to cancelling his entire ROTC debt.  



      _______ _   __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)                                         AR20140008069



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140008069



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1