IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140015130
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, amendment of his DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) to add a statement indicating voluntary entry on active duty serves the same purpose as being ordered to active duty by the Secretary of the Army or his designee.
2. The applicant states:
a. He requests forgiveness of his ROTC education debt in light of his active duty service.
b. He requested active duty orders following his disenrollment from the ROTC Program, which was supported by his chain of command. He voluntarily disenrolled from the Army ROTC with the desire to serve his country in the Army as an enlisted infantryman. His chain of command supported his desire to be ordered to active duty to satisfy his financial obligation to the Army and to allow him to serve. However, despite direct conversations with the U.S. Army Cadet Command Chief of Staff and his apparent concurrence, the payback option was directed. It appears there may have been a misunderstanding at the action officer level.
c. He accepted repayment and enlistment after multiple processing errors and assurances of future debt forgiveness.
d. He was told he had to wait until he had served on active duty for 2 years to request debt forgiveness.
e. Although the disenrollment letter states he was disenrolled due to an "indifferent attitude/lack of interest," his ROTC Detachment Commander attests to his deep desire for becoming an enlisted Soldier and indicated the wording in the disenrollment letter was standard.
3. The applicant provides:
* DA Form 597-3
* ROTC Program disenrollment letter
* Defense Finance and Accounting Service (DFAS) email
* borreliosis diagnosis (Lyme disease)
CONSIDERATION OF EVIDENCE:
1. On 20 November 2008, the applicant enlisted in the U.S. Army Reserve Control Group (ROTC) for a period of 4 years. His DA Form 597-3 shows he agreed he would have to repay his scholarship debt or be ordered to active duty for not more than 4 years if he were disenrolled from the ROTC Program for breach of contractual terms.
2. On 22 February 2011, he was disenrolled and discharged from the ROTC Program. His disenrollment was based on an indifferent attitude/lack of interest as evidenced by his frequent absences from Military Science classes.
3. He provided a U.S. Army Advanced Education Financial Assistance Record which states the total Army ROTC scholarship benefits paid was $17,201.00.
4. He also provided Headquarters, U.S. Army Cadet Command, orders to active duty for 36 months with a reporting date of 30 March 2011 to satisfy the terms of his DA Form 597-3 under the active duty provision.
5. His DA Form 3286 (Statement of Understanding Regular Army Enlistment Delay for Applicants with Prior Service or an Existing Military Service Obligation), dated 19 April 2011, states he must remain fully qualified for enlistment in the Regular Army scheduled for 4 October 2011.
6. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the Regular Army on 4 October 2011 for a period of 3 years and 18 weeks in pay grade E-3 for no bonus.
7. He was advanced to the rank of specialist on 1 August 2013.
8. He provided a DFAS account statement, dated 17 March 2014, which shows his remaining debt balance as $17,709.65.
DISCUSSION AND CONCLUSIONS:
1. The applicant incurred a debt for ROTC education expenses in the amount of $17,201.00.
2. The evidence of record shows:
* he was disenrolled from the ROTC Program for breach of contract
* he was ordered to active duty for 36 months in 2011 per his ROTC contract
* he enlisted in the Regular Army for a period of 3 years and 18 weeks (40.5 months) on 4 October 2011
3. Although not provided for in his ROTC scholarship contract, the applicant's enlistment in the Regular Army serves the same purpose as would have been served had he been ordered to active duty in the Army. The Army is still receiving the benefits of his service for the period of his 3-year and 18-week enlistment. As a matter of equity, it would be appropriate to consider his enlistment in the Regular Army to have met the active duty obligation required by his ROTC scholarship contract.
4. Therefore, it would be appropriate to remit his ROTC debt by amending his ROTC scholarship contract to show he would satisfy his ROTC debt under the original terms of the ROTC contract by successfully completing his current 3-year and 18-week enlistment in the Regular Army.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 $17,201.00 ROTC debt under the original terms of the ROTC contract by successfully completing his current 3-year and 18-week enlistment in the Regular Army.
_______ _ __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) AR20140015130
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ABCMR Record of Proceedings (cont) AR20140015130
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