IN THE CASE OF:
BOARD DATE: 20 January 2015
DOCKET NUMBER: AR20140009443
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.
2. The applicant states that he served on active duty shortly after he was disenrolled from the ROTC program. He served his country with honor and plans to continue his education pursuits. He has incurred over $100,000 in education debt outside of this alleged debt and would like to have this Army debt deleted. He does not have copies of his disenrollment paperwork.
3. The applicant provides copies of his debt balance from the Defense Finance and Accounting Service (DFAS), orders discharging him from the ROTC program, Disenrollment notification, and a DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 has not provided and his official records do not contain a copy of his enlistment contract for the U.S. Army Reserve (USAR) Control Group (ROTC). However, the applicant has provided a copy of his 30 January 2002 memorandum placing him on a leave of absence pending a recommendation to disenroll him as a scholarship student from the ROTC program at North Carolina A&T State University due to failure to maintain academic standards. He was advised that he may have to repay $15,477.00 in scholarship benefits or be called to active duty.
3. On 25 July 2002, he enlisted in the USAR for a period of 8 years, training as a watercraft engineer and a $5,000 enlistment bonus. He was ordered to active duty training (ADT) on 14 January 2003.
4. Meanwhile, on 30 May 2003, orders were published discharging him from the USAR Control Group (ROTC).
5. He completed basic training at Fort Jackson South Carolina and advanced individual training at Fort Eustis, Virginia. He was honorably released from ADT on 6 August 2003.
6. On 11 December 2006, he again enlisted in the USAR for a period of 8 years, a prior service enlistment bonus of $15,000, and duty as a watercraft operator.
7. He was promoted to the rank of sergeant on 1 January 2008 and on
7 October 2010, he was discharged from the USAR under honorable conditions due to unsatisfactory participation.
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 applicants contentions and supporting documents have been carefully considered and his contention that his ROTC debt should be voided based on his USAR service appears to lack merit.
2. It appears based on the available evidence the applicant has entered into three USAR contracts (including the ROTC contract), but he has only served on active duty for about 6 months.
3. Additionally, his second and third USAR enlistment contracts included $5,000 and $15,000 bonuses, more than enough to pay off his debt. However, it appears that the applicant did not do so.
4. It is also noted that the applicant has not provided any evidence or argument to dispute the validity of the debt. Accordingly, there appears to be no basis to grant the applicants request to cancel what appears to be a valid ROTC debt. To do so would afford the applicant additional enrichment not normally afforded to others in similar circumstances.
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) AR20140009443
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ABCMR Record of Proceedings (cont) AR20140009443
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