IN THE CASE OF:	  

		BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20140009979 


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 of the debt he incurred when he was disenrolled from the Senior Reserve Officers' Training Corps (ROTC).

2.  The applicant states that after receiving 2 years of education in the University of Central Missouri ROTC program, he joined the Army under the special Active Duty Provision agreement.  The University ROTC and local recruiters guided him in the proper enlistment procedures.  He is currently assigned to the 3rd Battalion, 75th Regiment, Fort Benning, GA.  He has served on active duty 5 years and 7 months to date with 6 deployments to Afghanistan, well over his service obligation.

3.  The applicant provides:

* Cadet Command Form 131-R (Cadet Action Request) with ROTC Contract Agreement, Special Active Duty Provision, dated 22 January 2008
* Orders 96-112, dated 6 April 2009
* Defense Finance and Accounting Service (DFAS) Installment Agreement
* DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States)



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ROTC as a cadet on 22 August 2005.  In connection with this enlistment, he completed a DA Form 597-3 (ROTC Scholarship Cadet Contract) which shows his education commenced on 
22 August 2005 with a completion date of 20 May 2009.

2.  Paragraph 5 (Terms of Disenrollment) of his DA Form 597-3 states that:

	a.  If he failed to complete the ROTC Program the Secretary of the Army could order him to active duty as an enlisted Soldier for a period of not more than 4 years.  If he was offered the opportunity to repay his education assistance in lieu of being ordered to active duty, he would be required to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as accrued from the day he was first notified of the amount he owed as reimbursement under the contract.  

	b.  If he was disenrolled from ROTC, the Secretary of the Army retained the prerogative to either order him to active duty or order monetary repayment of his scholarship benefits.  Therefore, if he was required to repay his educational assistance under the terms of the contract, his subsequent enlistment in an Armed Service would not relieve him from his repayment obligation.

3.  Paragraph 6 (Enlisted Active Duty Service Obligation) of his DA Form 597-3 states that if he were called to active duty for a breach of contract under the provisions of paragraph 5, he would be ordered to active duty for 2 years if the breach occurred during Military Science II, for 3 years if the breach occurred during Military Science III, or 4 years after completion of MS IV if he was a 2, 3, or 4-year scholarship recipient.

4.  He attended the Wentworth Military Academy and later transferred to the University of Central Missouri, Warrensburg, MO.

5.  On 22 January 2008, he was notified by his Professor of Military Science (PMS) by memorandum that he was initiating his disenrollment from the ROTC Program based on his failure to maintain a GPA of 2.0 and misconduct.  The applicant was placed on a leave of absence pending disenrollment.  Further, as a scholarship cadet, he could be called to active duty in an enlisted grade of E-1 or required to repay scholarship benefits in the amount of $28,736.35. 

6.  The applicant waived his rights to a hearing and acknowledged the amount and validity of his debt.  He elected to accept expeditious call to active duty in fulfillment of his contractual obligation and understood that he normally would be ordered to active duty within 30 days contingent upon his eligibility for active duty.

7.  On 3 September 2008, he was disenrolled and discharged from the ROTC Program under the provisions of Army Regulation 145-1 (SROTC: Organization, Administration, and Training) paragraph 3-43a(6).  Disenrollment was due to his failure to maintain a minimum semester academic grade point average of 2.0 on a 4.0 scale.

8.  On 5 October 2008, the applicant acknowledged his disenrollment and promised to repay the total amount owed, $28,736.35, in monthly installments, plus interest on the amount owed, as specified in his scholarship contract.

9.  He enlisted in the Regular Army (RA) on 7 October 2008 for a period of 3 years in the rank/grade of private first class (PFC)/E-3 with no bonus and he served as an infantryman.

10.  On 30 May 2014, the applicant was honorably discharged.  He completed 
5 years, 7 months, and 28 days of active service with 6 deployments to Afghanistan.

11.  The applicant provides a copy of his DFAS installment agreement which shows that he would make monthly payments of $260.77 on a debt of $28,828.20 beginning on 28 May 2014.

12.  Army Regulation 145-1 prescribes policies and general procedures for administering the Army’s Senior ROTC Program.  Paragraph 3-43 states that non-scholarship and 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.  Paragraph 3-43a states a cadet may be disenrolled for failure to maintain a minimum academic GPA of 2.0 or for failure to meet the requirements of the Army Weight Control Program and the Army Physical Fitness Test prior to the end of the last school term of the MS III year.



13.  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.

14.  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 would have to repay his scholarship debt or be ordered to active duty for an appropriate number of years.  The evidence of record shows he failed to satisfy the contractual requirements of this program when he failed to maintain academic standards and committed misconduct.

2.  On 3 October 2008, his disenrollment was ultimately approved by the appropriate official and he elected to repay the debt in monthly installments.  However, he had also been offered a call to active duty, and he accepted the expeditious call to active duty.

3.  On 7 October 2008 he enlisted in the Regular Army.  The available record does not show he received any type of incentive or bonus.  He completed 5 years, 7 months, and 28 days of active service and he was honorably discharged on 30 May 2014.

4.  In view of the facts of this case, it would be appropriate to consider his service in the Regular Army to have met the active duty obligation required by his ROTC scholarship contract as a matter of equity.  It would be appropriate to correct the record to show that the applicant has satisfied his ROTC contractual obligation by cancelling his current $28,828.20 ROTC debt.

BOARD VOTE:

____X___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 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 that the applicant satisfied his ROTC scholarship debt of $28,828.20 under the original terms of the ROTC contract by successfully completing his initial 3-year active duty enlistment contract and a total of 5 years, 7 months and 28 days of active service in the U.S. Army.

2.  That, as a result of the foregoing correction, DFAS shall cancel the applicant's ROTC debt in accordance with the terms of this correction of records, as outlined above.  In addition, DFAS shall refund payment to the applicant the total amount of any monies garnished and/or recouped as a result of breaching his original ROTC contractual obligation, not to exceed $28,828.20.



      ___________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)                                         AR20140009979



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ABCMR Record of Proceedings (cont)                                         AR20140009979



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