IN THE CASE OF:    

		BOARD DATE:  27 January 2015	  

		DOCKET NUMBER:  AR20140009097 


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 of his Reserve Officers' Training Corps (ROTC) debt in the amount of $83,899. 

2.  The applicant states:

   a.  He believes there should be other considerations taken into account when determining his ROTC debt amount.  While he was a scholarship ROTC cadet, he was unable to apply for Federal aid assistance benefits and Post 9/11 GI Bill benefits toward payment of his tuition.  He believes the Federal benefits he would have received toward paying his tuition should be a factor in determining the final amount he owes.
   
   b.  In addition, during the disenrollment proceedings, the question "Should he be ordered to repay the valid debt to the U.S. Government?" was asked.  Two of the disenrollment board officers responded with "No," and Lieutenant Colonel (LTC) JRS responded with "$20,974 (one semester worth)."  He was the top cadet his freshman year but made a personal mistake at the end of his sophomore year that resulted in disenrollment from the program.  He won his appeal to stay with the program as a non-scholarship cadet with the backing of his Professor of Military Science (PMS). 

3.  The applicant provides DA Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers) with an attached memorandum, a memorandum, and an email.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) Control Group (ROTC) on 27 August 2010.  His DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) shows the date his education commenced was 7 September 2009 with a completion date of 14 May 2013.  His academic major was political science and he was enrolled in Boston University (BU), Boston, MA.

2.  Paragraph 1 (Department of the Army Agreements) of his DA Form 597-3 states he would be paid scholarship benefits for a period of 4 academic years.  Paragraph 5 (Terms of Disenrollment) states he understood and agreed that once he 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 him to active duty as an enlisted Soldier for a specified period of time; or in lieu of being ordered to active duty, he could be required to repay the dollar amount, plus interest, equal to the entire amount of the financial assistance paid by the United States to the cadet. 

3.  On 25 October 2012, by memorandum, LTC JIB, his PMS, notified him of the initiation of disenrollment action from the ROTC program against him based on misconduct, due to his arrest on 16 May 2012 on charges of unarmed breaking and entering (night), destruction of personal property, and possession of a false motor vehicle document (drivers license).  He was currently on a leave of absence pending disenrollment.  He was informed he could request a hearing to hear his case.  He was further informed that as a scholarship cadet, he 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 $83,898 (i.e., $83,899) in lieu of call to active duty in fulfillment of his contractual obligations

4.  On 2 November 2012, the applicant acknowledged receipt of the initiation of the disenrollment action and requested a hearing be held to hear his case.  He waived his right to appeal the disenrollment and/or the amount or validity of the debt he owed (emphasis added).  He elected to decline a call to active duty within 60 days after completion of his projected graduation date or upon withdrawal/dismissal from school, whichever occurred first and declined expeditious call to active duty.

5.  The applicant provides a DA Form 1574, dated 4 December 2012, with an attached memorandum for the ROTC commander (CDR) from the board president, LTC JRS.  The memorandum stated, in part:

	a.  The PMS initiated a waiver for civil offenses for the applicant to continue [in the ROTC program] due to the seriousness of the charges pertaining to his arrest on 15 May 2012.  The Brigade CDR ordered initiation of the disenrollment process.

	b.  After hearing the facts and charges pertaining to his arrest and discussing the extenuating and mitigating circumstances, all three members of the board recommended he not be retained as an ROTC scholarship cadet.  All three also recommended he be retained as a non-scholarship cadet, he not be released from his contractual obligation, and he should not be ordered to active duty.  Two members recommended he not be ordered to pay his valid debt to the government and LTC JRS recommended he be ordered to repay $20,974.20 (one semester’s worth).

	c.  A memorandum to himself, dated 11 December 2012, from his PMS, wherein it stated that on 4 December 2012 a formal disenrollment board convened to determine his suitability for retention in the BU Army ROTC program.  Enclosed was the DA Form 1574 and the board’s recommendations to the CDR/PMS and he had 5 days from receipt to rebut the findings and recommendations.

6.  In a memorandum, dated 9 April 2013, he was notified by Major General (MG) JAS, CDR, United States Cadet Command and Fort Knox, Fort Knox, KY, that he was disenrolled and would be discharged from the ROTC program.  MG JAS further stated, in part, his disenrollment was due to his misconduct as demonstrated by his arrest and charges against him on 16 May 2012 (as stated above in paragraph 3).  When the ROTC scholarship contract was breached, any obligation to the Army must be satisfied by repaying the cost of advanced education assistance provided by the Army and his debt owed was $83,899.  He had 14 days from the date of the letter to submit his election.  Failure to respond may result in the initiation of involuntary collection action.  

7.  The applicant provides an email, dated 8 May 2013, wherein Ms. CMM, Assistant Director, BU Financial Assistance, stated the applicant would have been eligible for $6,000 to $7,000 in grants for the spring semester of his freshman year and twice the amount for the 2011/2012 year.  Through his father's transfer of Chapter 33 benefits, he would have been eligible for $7,000 last year and been eligible for $4,600 the prior year.

8.  Army Regulation 145-1 (Senior ROTC Program: Organization, Administration and Training) prescribes policies and general procedures for administering the Army’s 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.  

9.  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 evidence of record confirms the applicant enlisted in an ROTC program.  He agreed if he were disenrolled from the ROTC program for any reason, he could be ordered to repay his scholarship debt.  The evidence of record also shows he failed to satisfy the contractual requirements of this program due to his misconduct.  Therefore, he was found in breach of his ROTC contract and was accordingly disenrolled from the program and notified of his debt of $83,899 that he owed.  

2.  His contention that two members of the board recommended he not be ordered to repay his ROTC debt and that LTC JRS recommended he be ordered to repay a reduced amount is noted; however, this was only a recommendation and ROTC cadre do not have the authority to forgive or reduce an ROTC debt.  In addition, any other possible eligibility for other types of scholarship grants would not negate any of the monies he had been paid under his ROTC contract.  

3.  He entered into a valid contract and received educational assistance but failed to complete the requirements of this contract.  He agreed that if he was disenrolled from the program he could be ordered to active duty as an enlisted Soldier or be obligated to repay the amount of assistance provided.  He was subsequently disenrolled from the ROTC program due to his misconduct.  He breached his ROTC contract and the evidence of record confirms his ROTC debt in the amount of $83,899 plus any interest due is valid.

4.  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)                                         AR20140009097





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ABCMR Record of Proceedings (cont)                                         AR20140009097



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