IN THE CASE OF:
BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20140011068
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, a waiver of his Reserve Officers' Training Corps (ROTC) scholarship debt in the amount of $4,991.61.
2. The applicant states he has been on active duty for almost 6 years. He received his commission as a second lieutenant (2LT) in 2009 and plans to continue to serve. He has served in the United States and in Iraq. He plans to serve out his obligation and would like to retire from the Army.
3. The applicant provides:
* A letter from the Defense Finance and Accounting Service (DFAS), dated 23 April 2014 and 31 May 2014
* May 2014 Leave and Earnings statement
* Officer Record Brief
CONSIDERATION OF EVIDENCE:
1. The applicant is a Regular Army (RA) captain (CPT)/O-3. His Officer Record Brief shows his source of commission as officer candidate school (OCS).
2. A DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States), signed 30 December 2008, shows the applicant attended the University of West Florida from August 2004 to December 2008. The Remarks Section of the form shows: Army ROTC 4 years High school, and 2 years college.
3. A DA Form 3286 (Statement of Enlistment) shows he enlisted in the RA on
30 December 2008 for OCS.
4. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served on active duty from 30 December 2008 to 3 June 2009. He completed OCS and was honorably discharged to accept a commission in the Army.
5. In a 23 April 2014 letter a representative from DFAS informed the applicant no action would be taken on his application for remission or cancellation of indebtedness because DFAS did not have the authority to process it. He was advised to apply to the U.S. Army Human Resources Command.
6. In a 31 May 2014 letter a representative from DFAS informed the applicant that their records showed he had indebtedness in the principal amount of $4,991.61 for the recoupment of education expenses paid on his behalf for his participation in the ROTC. He was advised he could apply to this Board for suspension or termination of the debt.
7. The applicant's ROTC contract documents are not available for review.
8. 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.
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 shows the applicant participated in the ROTC program while in college. He subsequently enlisted in the RA, attended OCS, and accepted a commission as an RA officer.
2. DFAS has notified him that he is indebted to the government in the amount of $4,991.61 for recoupment of education expenses paid on his behalf for his participation in the ROTC program.
3. The applicant's enlistment and subsequent appointment as a commissioned officer in the RA serves the same purpose as it would have had he been ordered to active duty in the U.S. Army. In other words, the Department of Defense is still getting the benefit of his service. 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 scholarship contract.
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 amending his ROTC scholarship contract to show he would satisfy the service
obligation under the original terms of the ROTC contract as an RA officer.
_____________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) AR20130019033
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