BOARD DATE: 8 January 2015
DOCKET NUMBER: AR20140013166
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 debt for Reserve Officers Training Corps (ROTC) scholarship payments.
2. The applicant states he entered active duty on 2 July 2014 which was within 60 days of disenrollment from ROTC.
3. The applicant provides copies of
* ROTC Cadet DD Form 4/1 (Enlistment/Reenlistment Document),
* DA Form 597-3 (Army ROTC Scholarship Cadet Contract)
* DA Form 3286 (Statement of Understanding)
* Defense Finance and Accounting Service (DFAS) debt termination policy letter, dated 8 May 2013
* active duty orders
* Common Area Access Card
* Enlisted Record Brief (ERB)
* Commander's memorandum
* disenrollment documents
* DFAS letter and account statement
CONSIDERATION OF EVIDENCE:
1. On 11 September 2009, the applicant signed a DA Form 597-3 for a 4-year scholarship for full tuition, fees of $1200 annually for books and library expenses, and a monthly subsistence allowance.
2. He subsequently withdrew from Capitol University and was disenrolled from the ROTC program. The disenrollment was effective 21 October 2011 and the disenrollment notification notice was dated 3 January 2011.
3. An 11 October 2011 letter from Headquarters, U.S. Army Cadet Command informed him that he owed $15,440.00 for monies spent for his education and given the choice of remitting the balance immediately or by signing a repayment plan. One or the other was to be received by the U.S. Army Cadet Command within 14 days. There is no available evidence that the applicant responded to the letter.
4. On 2 July 2012, the applicant enlisted in the Regular Army for 4 years, in pay grade E-3, with no enlistment bonus.
5. The 15 August 2012 letter from DFAS indicated he owed $15,440.00 plus interest at 3 percent or a monthly payment of $430.88 which was past due.
6. In the 8 May 2013 letter to the applicant DFAS acknowledged that he was on active duty in an enlisted status. He was informed that after he had completed 2 years of such duty he could apply to the Board for termination of his indebtedness.
7. The documents the applicant submitted in support of his request include
* CAC card showing the applicant is on active duty with the Army in pay grade E-3
* ERB showing a date of rank for specialist of 2 July 2014
* letter from his company commander stating that he will complete 2 years of continuous active duty on 2 July 2014, that he is doing well, and has had no actions under the Uniform Code of Military Justice
8. An advisory opinion was obtained from the Office of the Deputy Chief of Staff G-1, whose program manager for Reserve incentives reports that the U.S. Army Cadet Command concurs with his opinion that the applicant has fulfilled his service obligation and should be relieved of recoupment of the ROTC debt.
9. The advisory opinion was referred to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
DISCUSSION AND CONCLUSIONS:
1. The available evidence indicates the applicant was properly disenrolled from ROTC. Subsequently, he enlisted in the Regular Army in pay grade E-3, for no bonus, and has completed more than the 2 years required active duty to repay the monies paid for his scholarship.
2. The Office of the Deputy Chief of Staff G-1 and the U.S. Army Cadet Command both support granting relief from repayment.
3. Although not provided for in his DA Form 597-3, the applicants 2 July 2012 enlistment in the Regular Army served the same purpose as would have been served had he been ordered to active duty. It would be unfair and unjust to the applicant for the Army to collect any ROTC tuition payments due after his enlistment in the Regular Army when he met the spirit of the 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 the applicants ROTC contract to show he would satisfy the service obligation under the original terms of the ROTC contract as a Regular Army enlisted Soldier, which was accomplished on 2 July 2014, and requesting DFAS terminate any collection actions and reimburse him any monies recouped and interest paid to date.
________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) AR20140013166
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