IN THE CASE OF:	   

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140010738 


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 suspension of the debt he incurred after he was disenrolled from the Reserve Officers' Training Corps (ROTC) Program while he completes his active duty service obligation.  He further requests the debt be terminated after he completes his service obligation.

2.  The applicant states that since the discovery of his debt, he completed his bachelor's degree.  After graduating and before receiving his first bill from the Defense Finance and Accounting Service (DFAS), he began the enlistment process into the U.S. Army.

3.  The applicant provides:

* DD Form 785 (Record of Disenrollment from Officer Candidate – Type Training)
* two letters from the Department of the Treasury, Financial Management Service
* a letter from DFAS, dated 8 January 2014
* the orders that discharged him from the ROTC Program

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he entered the ROTC Program on 27 February 2008; however, his DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) is not available.

2.  His DA Form 597-3 would have stated that:

	a.  If the cadet were disenrolled from the ROTC Program for any reason, the Secretary of the Army could order him to reimburse the United States through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States for his advanced education, from the commencement of the contractual agreement to the date of his disenrollment or refusal to accept a commission; or, the cadet could be ordered to active duty for not more than 4 years.

	b.  If he/she were called to active duty for breach of contract, he/she 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 for 4 years if the breach occurred during Military Science IV.

	c.  The cadet understood and agreed that if he voluntarily or because of misconduct failed to begin or failed to complete any period of active duty that he may have incurred under the contract, he would be required to reimburse the United States an amount of money, plus interest, that is equal to or bore the same ratio to the total cost of the financial assistance provided to him as the unserved portion of such duty bore to the total period of such duty he was obligated to serve.

3.  His DD Form 785 indicates he was disenrolled from the ROTC Program on     11 February 2011.  The reasons for the disenrollment were his failure to maintain a minimum term academic grade point average (GPA) of 2.0 on a 4.0 scale and a driving under the influence (DUI) incident.  The DD Form 785 also shows his date scheduled for commissioning was 15 May 2011.  Therefore, it appears his disenrollment occurred during Military Science IV.

4.  His complete disenrollment packet is not available; however, in conjunction with his disenrollment process, he would have been advised that when the ROTC scholarship contract is breached, any obligation to the Army must be satisfied through an order to active duty in an enlisted status or by repaying the cost of advanced education assistance provided by the Army.

5.  The applicant's military record includes documentation from the State of South Carolina Central Court that indicates his DUI charge was disposed as "nolle prosequi" on 10 January 2011, without fines or conditions.  His record also includes a University of South Carolina academic transcript that shows he was awarded his bachelor's degree on 5 May 2012.  

6.  A letter from DFAS, dated 8 January 2014, informed him he was indebted in the principal amount of $24,239.95 for the recoupment of education expenses paid on his behalf during his participation in the U.S. Army ROTC Program.  DFAS also informed him that he could apply to the Army Board for Correction of Military Records (ABCMR) for suspension or termination of his indebtedness.  He was further informed that if the ABCMR approved his request for suspension/termination, his account would then be placed in a suspended status pending the completion of his obligated service time.  

7.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in Regular Army (RA) on 19 February 2014, for a period of 5 years, beginning in pay grade E-4.  The DD Form 4 does not show he was granted an enlistment bonus.  His DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows he was granted an enlistment waiver for his dismissed DUI charge.

8.  Army Regulation 135-210 (Order to Active Duty as Individuals for Other Than a Presidential Selected Reserve Call-up, Partial, or Full Mobilization) prescribes policies and procedures for ordering individual Reserve Component Soldiers to active duty.  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.

9.  Army Regulation 145-1, paragraph 3-43a(16) specifies that a breach of contract 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 non-performance breaches the contract.  Paragraph 3-43e specifies that a cadet who is involuntarily ordered to active duty for breach of his or her contract will be so ordered within 60 days after they would normally complete baccalaureate degree requirements.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his service in the RA should fulfill his obligation under his breached ROTC contract has been carefully considered.

2.  The evidence of record shows he was disenrolled from the ROTC Program after he failed to maintain a minimum GPA of 2.0 and for a DUI incident.  He was subsequently found in breach of his ROTC Program contract.  

3.  The evidence also shows the DUI charge was dismissed by the State of South Carolina and that he was granted an enlistment waiver for the DUI incident.  He subsequently enlisted in the RA for a period of 5 years and he is currently serving on active duty.  

4.  Although not provided for in his DA Form 597-3, his service in the RA serves the same purpose as would have been served had he been ordered to active duty through ROTC channels.  The Army will receive the benefits of his service throughout his 5-year enlistment period.  

5.  Therefore, as a matter of equity, it would be appropriate to consider his enlistment in the RA to have met the active duty obligation required by his ROTC Program scholarship contract.  However, if he fails to complete a minimum of 4 years of active service as outlined in the terms of his ROTC Program scholarship, either voluntarily or because of misconduct, his ROTC debt will be required to be recouped on a pro-rated basis.

BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  amending his ROTC Program Scholarship Contract to reflect that his debt obligation will be satisfied upon successful completion of a minimum of 4 years of active duty service as an exception to policy; and

	b.  showing that if he fails to complete the period of active duty service obligated as a result of his amended ROTC Program scholarship contract, either 



voluntarily or because of misconduct, his ROTC debt will be required to be recouped on a pro-rated basis in accordance with his DA Form 597-3.



      _______ _   _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)                                         AR20140010738



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ABCMR Record of Proceedings (cont)                                         AR20140010738



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