IN THE CASE OF:	  

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140013928 


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:

The applicant defers to counsel. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests remission of the applicant's Reserve Officers' Training Corps (ROTC) debt.

2.  Counsel states:

 	a.  For the past year, he has sought to appeal the applicant's disenrollment and the student loan obligation that was imposed against him as a result.  He challenges the determination that led to his disenrollment and seeks to have his student loan obligation discharged.

	b.  The applicant was in the ROTC Program at Wilkes University and received an honorable discharge, but did not complete his degree in mechanical engineering due to the disenrollment.

	c.  While he maintained greater than a 2.0 cumulative grade point average (GPA) in a very difficult major, his GPA for one semester dropped below 2.0.  Following that semester, he continued in school at his cost and when his cumulative GPA exceeded 2.0, he was placed back on scholarship, which, according to the applicant, came to an end when he received a disenrollment notice.

	d.  The Army's disenrollment sanction appears to be at odds with its allowing the applicant to continue on scholarship after he raised his cumulative average above 2.0.  The significant outstanding student loan obligation that now results from the disenrollment has strangled him from maintaining an ordinary, basic standard of living.

3.  Counsel provides:

* letters to the University of Scranton and collection agencies 
* the applicant's disenrollment notice
* the applicant's DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract)

CONSIDERATION OF EVIDENCE:

1.  On 1 September 2009, the applicant enlisted in the U.S. Army Reserve (USAR) ROTC Control Group for a period of 8 years.  His DA Form 597-3 shows he agreed:

	a.  To maintain at a minimum, a cumulative academic GPA of 2.0 on a 4.0 or equivalent scale.  This GPA must also be maintained for each semester or quarter.  That failure to maintain the minimum academic GPA may subject him to disenrollment from the ROTC program.

	b.  That if he were disenrolled from the ROTC Program for breach of contractual terms or any other disenrollment criteria established now or in the future by Army regulations, he would have to repay his scholarship debt or be ordered to active duty for not more than 4 years.

2.  A memorandum from Headquarters, U.S. Army Cadet Command and Fort Knox, Fort Knox, KY, subject:  Disenrollment from the USAR ROTC Program, dated 27 June 2012, stated the applicant was disenrolled from the ROTC Program under the provisions of Army Regulation 145-1 (Senior ROTC Program:  Organization, Administration, and Training), paragraphs 3-43a(6), (15), and (16).  His disenrollment was due to a breach of the ROTC contract based on his failure to maintain a minimum semester academic GPA of 2.0 on a 4.0 scale and his indifferent attitude as evidenced by frequent absences from military training.

3.  As of 18 August 2014, records show he owes a Federal debt in the amount of $74,787.12.

4.  Army Regulation 145-1 prescribes polices and general procedures for administering the Army's Senior ROTC Program.  This regulation states that as part of a scholarship enlistment in the ROTC an individual must sign a DA Form 597-3, which is the agreement between the Army and a potential ROTC cadet.  The form contains the promises made between the Army and the potential cadet, and includes what action the Army will take in the event that a cadet fails to successfully complete the terms of the contract.

	a.  Paragraph 3-43a(6) states non-scholarship and scholarship cadets will be disenrolled for failure to maintain a minimum semester or quarter cumulative academic GPA of 2.0 on a 4.0 scale or higher if required by the school and at least a 3.0 on a 4.0 scale or equivalent semester or quarter and cumulative average in all ROTC courses.

	b.  Paragraph 3-43a(15) states non-scholarship and scholarship cadets will be disenrolled for indifferent attitude or lack of interest in military training as evidenced by frequent absences from military science classes or drill, an established pattern of shirking, failure to successfully complete an established weight control program, or similar acts.

	c.  Paragraph 3-43a(16) states non-scholarship and scholarship cadets will be disenrolled for breach of contract (including formerly used term willful evasion).  (Note:  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).

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant's disenrollment was due to a breach of the ROTC contract based on his failure to maintain a minimum semester academic GPA of 2.0 on a 4.0 scale and his indifferent attitude as evidenced by frequent absences from military training.  As a result, he incurred a debt for ROTC education expenses in the amount of $74,787.12.

2.  The governing regulation states non-scholarship and scholarship cadets will be disenrolled for:

	a.  failure to maintain a minimum semester academic GPA of 2.0 on a 4.0 scale and/or

	b.  indifferent attitude as evidenced by frequent absences from military classes or drill.

3.  Counsel challenges the determination that led to the applicant's disenrollment.  However, there is no evidence of record and counsel provided no evidence that shows the applicant was erroneously disenrolled from the ROTC Program.

4.  Since it appears the applicant failed to maintain a GPA of 2.0 for each semester as agreed to in his ROTC contract and he had an indifferent attitude as evidenced by his frequent absences from his military training, there is an insufficient evidentiary basis for granting the requested relief.

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 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)                                         AR20140013928



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ABCMR Record of Proceedings (cont)                                         AR20140013928



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