IN THE CASE OF:	  

		BOARD DATE:	  2 July 2-15

		DOCKET NUMBER:  AR20140014614


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 forgiveness of his Reserve Officers' Training Corps (ROTC) scholarship debt, in the amount of $4,890.00, for benefits and payments he received during the period 1 October 2008 through 30 August 2009.

2.  The applicant states his date of separation is 19 May 2010, after the period of time in which he incurred the debt, which should entitle him to all monies paid and benefits received.  Moreover, he was discharged due to injuries he received while on a training exercise and he has sufficient medical paperwork to support his medical discharge.

3.  In a separate letter to the Army Review Boards Agency (ARBA), dated           5 August 2014, he states:

	a.  From January 2007 to November 2009, he was a member of the Reserve Officer Training Corps (ROTC) Program at Georgetown University, while simultaneously being active in the Maryland Army National Guard (MDARNG).  During this time, he met all of his ROTC contract requirements, in accordance with his ROTC contract, dated 14 March 2008 (Attachment B-1), and his Request for Conversion to Guaranteed Reserve Forces Duty or Dedicated ARNG Scholarship, dated 3 April 2009 (Attachment B-2).

	b.  ln November 2008, he was injured during a field training exercise with his ROTC unit.  While simulating a squad exercise, he was struck by a tree that caused moderate injury to his back (see medical documentation in Attachment C). Following this incident, he returned to his ROTC and MDARNG units and continued to fulfill his contractual obligations.

	c.  Though injured, he continued to be enrolled in ROTC and active in the MDARNG and he participated to the fullest extent his physicians would allow.  He submitted medical documentation explaining in detail the nature of his injury that was accepted by his military leadership.  With this information, his military superiors decided he was to continue in the ROTC Program and ARNG.  

	d.  On 20 November 2009, his military leadership disenrolled him from the ROTC Program and the ARNG as a result of his injury and the uncertainty of his recovery (Attachment D).  His formal date of separation is 19 May 2010 (per attachment E, page 8).  His medical disenrollment voided his contract and removed him from the ROTC Program without breaking his obligation, as described in his ROTC contract and the Request for Conversion to Guaranteed Reserve Forces Duty or Dedicated ARNG Scholarship.

	e.  He was not notified of a debt of $6.500.88 to the Department of Defense until March 2012, when at 3:21 pm EST on 16 March 2012, he received a call from the Department of the Treasury stating he was three months past due on his payment.  This was his first notification the debt existed.  Since then, he has requested line-item documentation of the debt several times, which he finally received nine months later on 23 January 2013.  He has outlined the amounts owed and reiterated his dispute of each amount.

	f.  On the final two pages of the Defense Finance and Accounting Service (DFAS) explanation of debt (Attachment L), DFAS claims repayment of $108.00 paid to the Service Members Group Life Insurance from September 2009 to December 2009 and repayment of the $4,927.78 paid for subsistence allowance between 01 October 2008 and 30 August 2009.  His date of disenrollment was 20 November 2009 and his date of separation was 19 May 2010.  This is clearly a contradiction, and as it is after the alleged period of repayment (1 October 2008 through 30 August 2009), is evidence that he was eligible to receive any payments made to him at that time.

4.  The applicant provides copies of:

	a.  ATTACHMENT A – 

* 2 letters he received from the ARBA, dated 5 March 2014 and           16 January 2014
* his application to the Army Board for Correction of Military Records (ABCMR), dated 15 December 2013
	b.  ATTACHMENT B-1 – 

* an unsigned, incomplete extract of his DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) (pages 1 of 8, 3 of 8, 5 of 8, and   7 of 8)
* his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 14 March 2008

	c.  ATTACHMENT B-2 – 

* his Cadet Command (CC) Form 226-R (Request for Conversion to Guaranteed Reserve Forces Duty (GRFD) or Dedicated ARNG Scholarship), dated 23 April 2009
* a memorandum from the Professor of Military Science (PMS) at the U.S. Army Senior (ROTC) Instructor Group, Georgetown University, dated 24 April 2009
* an email referencing the conversion of his cadet scholarship to a GRFD-NG scholarship, dated 29 April 2009
* a blank DA Form 705 (Army Physical Fitness Test Scorecard)
* his DD Form 4, dated 3 June 2009

	d.  ATTACHMENT C – 

* his DA Form 3349 (Physical Profile), dated 12 January 2009
* examination results documenting medical examinations he underwent on 19 November 2008, 12 January 2009, and 12 May 2009
* a letter from the Chief, Division of Rehabilitation Medicine, National Rehabilitation Hospital, dated 3 August 2009
* a consultation report from the National Rehabilitation Medical Network, dated 12 September 2009

	e.  ATTACHMENT D – 

* CC Form 131-R (Cadet Action Request), dated 20 August 2009
* CC Form 131-R, dated 20 October 2009
* a memorandum from the PMS at the U.S. Army ROTC Battalion, Georgetown University, dated 10 December 2009, subject: Notice of Removal from Participation in Simultaneous Membership Program (SMP) with Continuing Membership in the Unit of Assignment
* a memorandum from the Deputy Chief of Staff, G-1 at Headquarters, U.S. Army Cadet Command, dated 20 November 2009, subject: Cadet Action Request for Medical Determination – Cadet [Applicant], XXX-XX-2841
	f.  ATTACHMENT E – DFAS Account Statements, master record printouts, leave and earnings statements, and other printouts related to his debt.

	g.  ATTACHMENT F -  

* a letter he sent to a company official at Performant Recovery, Inc., dated 12 February 2013
* a letter from Pioneer Credit Recovery, Inc., undated
* a letter from Debt Management Services – Bureau of the Fiscal Service, U.S. Treasury Department, dated 4 December 2013, including as attachments:

* Treasury Cross-Servicing Dispute Resolution
* a letter from DFAS, dated 27 November 2013
* a blank DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552)

* a letter from DFAS, dated 22 November 2013

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's DA Form 597-3 is not available for review.  His official military personnel file does not contain this document and the version he provided as evidence is an undated, incomplete extract.  However, given that he was disenrolled from the ROTC Program, it is logical to conclude he signed and was provided a complete copy at the time of his enrollment.  

3.  The applicant enlisted as a cadet under scholarship with the Georgetown University ROTC Program on 14 March 2008.  

4.  The examination results he provided show he was examined on numerous occasions for an injury to his mid to lower back, which he sustained in November 2008.

5.  He converted his ROTC scholarship to a GRFD or Dedicated ARNG Scholarship on 23 April 2009.  He enlisted in the MDARNG and became a member of the SMP on 3 June 2009.

6.  He signed a CC Form 131-R on 20 August 2009, wherein he requested a medical determination of his current medical status, due to ongoing issues resulting from the back injury he sustained in November 2008, and medical disenrollment from the ROTC Program.  According to this form, the cadre assessment found him medically unfit for duty and recommended his medical disenrollment.  His Battalion Commander/PMS recommended approval of this action/request.

7.  He signed another CC Form 131-R on 20 October 2009, wherein he requested a medical determination of his current medical status, and medical disenrollment from the ROTC Program.  Again, his Battalion Commander/PMS recommended approval of this action/request, citing his medical unfitness for duty.

8.  Headquarters, U.S. Army Cadet Command directed his disenrollment from the ROTC Program under the provisions of Army Regulation 145-1 (Senior ROTC Program:  Organization, Administration, and Training), paragraph 3-43a(5), by reason of medical conditions that precluded his appointment as a commissioned officer (emphasis added).

9.  He was removed from the SMP as a result of having been disenrolled from the ROTC Advanced Course, effective 10 December 2009.

10.  Orders 364-046, issued by the MDARNG on 30 December 2009, discharged him from the ARNG, effective 11 December 2009.  His record contains a corresponding NGB Form 22 (Report of Separation and Record of Service) that confirms his separation date of 11 December 2009.

11.  He provided:

	a.  Numerous DFAS documents and printouts related to his debt, which appear to show his date of separation as 19 May 2010.  However, it is unclear, based on a review of his record, how this date was established.

	b.  A DFAS Account Statement, dated 24 August 2011, which shows he was informed of his indebtedness to the U.S. Government in the amount of $5,035.78, of which $4,927.28 was related to the ROTC subsistence allowance he received from 1 October 2008 through 30 August 2009, and $108.00 was related to the collection of Servicemembers' Group Life Insurance (SGLI) premiums for coverage he was provided during the period September 2009 through December 2009.
 
	c.  Letters from DFAS, dated 22 November and 27 November 2013, which responded to the applicant's inquiries regarding the validity of the recoupment of his ROTC debt.  The letter dated 22 November 2013, states his debt as $4,890.00.  The letter dated 27 November 2013, states his debt as $4,917.00, including interest and administrative fees; however, after a collection of $768.00, his outstanding total was, as of the date of the letter, $4,207.03.  Each letter cites DFAS's inability to cancel his debt, and refers him to the ABCMR for relief. 

12.  Army Regulation 145-1 prescribes policies and general procedures for administering the Army Senior ROTC Program.  Paragraph 3-43a(5) specifies that nonscholarship and scholarship cadets will be disenrolled for medical disqualification when determined and approved by Headquarters, ROTC Cadet Command, or higher authority.  A medical condition that precludes appointment will be cause for disenrollment.   

13.  A Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that debt repayment will not be required, if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for forgiveness of his ROTC scholarship debt in the amount of $4,890.00, for benefits and payments he received during the period    1 October 2008 through 30 August 2009, was carefully considered.  

2.  The applicant was disenrolled from the ROTC Program by reason of medical conditions that precluded his appointment as a commissioned officer.  For reasons unknown, a debt was levied against him for the ROTC subsistence allowance he received from 1 October 2008 through 30 August 2009, and for the collection of SGLI premiums for coverage he was provided during the period September 2009 through December 2009.

3.  The governing Army regulation provides that scholarship cadets will be disenrolled for medical disqualification when determined and approved by Headquarters, ROTC Cadet Command, or higher authority.  Furthermore, a medical condition that precludes appointment will be cause for disenrollment.  

4.  The applicant could not foresee the accident that injured his back in November 2008 and ultimately led to his disenrollment.  Nor should he be penalized for being injured during ROTC training.  Therefore, as a matter of equity, it would be appropriate to grant his petition for relief, forgive his ROTC debt and its associated fees and interest, and reimburse him any previously collected debt payments.  

5.  In view of the facts of this case, it is appropriate to correct the record to forgive his ROTC debt.

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 the Department of the Army records of the individual concerned be corrected by showing he submitted a request for debt forgiveness and his request was approved. 




      ____________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)                                         AR20140014552



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ABCMR Record of Proceedings (cont)                                         AR20140014614



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