IN THE CASE OF:	  

		BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140015349 


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 waiver of her Reserve Officers' Training Corps (ROTC) scholarship debt and termination of recoupment of $121,100.00 in educational expenses paid on her behalf during her participation in the ROTC Program or, alternately, that she be required to repay only half of the full amount.

2.  The applicant states:

* the injury she received while performing duties as an ROTC cadet adversely affected her performance
* she was willing to serve on active duty upon graduation or withdrawal from school but could not do so due to medical reasons
* she was not properly supported by the ROTC cadre, as found by the hearing officer in her ROTC disenrollment hearing
* it is unjust to require her to repay the debt in full under the circumstances

3.  The applicant provides:

* Headquarters, U.S. Army Cadet Command and Fort Knox, letter to the applicant, dated 29 April 2013
* Office of the Assistant Secretary of the Army (Manpower and Reserve Affairs) memorandum, dated 17 April 2013
* Addendum to Part I, Scholarship Contractual Agreement, unsigned and undated
* University of Rhode Island Senior ROTC scholarship data, dated 30 December 2011
CONSIDERATION OF EVIDENCE:

1.  The applicant's DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) is not in her available records for review, but records reflect and the applicant contends she received a 4-year ROTC scholarship while enrolled in the ROTC Program and attending Salve Regina University, a partner with the University of Rhode Island ROTC Program.

2.  Paragraph 5 (Terms of Disenrollment) of a standard DA Form 597-3 states that if the cadet is disenrolled from the ROTC Program for any reason, the Secretary of the Army can order the cadet to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as the unserved portion of active duty bears to the total period of active duty the cadet agreed to serve or was ordered to serve.

3.  Paragraph 6 (Enlisted Active Duty Service Obligations) of a standard DA Form 597-3 states that if the cadet is called to active duty for a breach of contract under the provisions of paragraph 5, the cadet will be ordered to active duty for 2 years if the breach occurs during Military Science II, for 3 years if the breach occurs during Military Science III, or for 4 years if the breach occurs during Military Science IV.

4.  On 3 January 2012, the applicant was notified by her professor of military science of the initiation of her disenrollment from the ROTC Program under the provisions of Army Regulation 145-1 (Senior ROTC Program:  Organization, Administration, and Training) based on her breach of contract demonstrated by her failure to maintain a 2.0 grade point average (GPA) during the Fall 2010 and Spring 2011 semesters and her failure to pass the Army Physical Fitness Test (APFT) during the Fall 2011 semester.  She was notified of her right to request a hearing, consult with any available military officer, and submit written statements in her behalf.  She was also notified she may be called to enlisted active duty or ordered to repay the scholarship benefits in the amount of $121,100.00 in lieu of call to active duty in fulfillment of her contractual obligation.

5.  The applicant's records contain a transcript from Salve Regina University reflecting she maintained a 1.2 GPA in the Fall 2010 semester and a 1.34 GPA in the Spring 2011 semester.  Her records also contain APFT Scorecards dated between April 2008 and December 2011 showing she failed her APFT on seven occasions due to her raw score in the 2-mile run event.  Records reflect she was formally counseled on numerous occasions for her failure of the APFT, and on one occasion she was counseled for her poor academic performance.

6.  On 27 January 2012, she acknowledged receipt of the notice of her disenrollment from the ROTC Program.  In her acknowledgment she elected to request a personal hearing to present matters regarding her disenrollment or indebtedness, declined a call to active duty within 60 days after completion of her projected graduation date or upon withdrawal/dismissal, and also declined an expeditious call to active duty.

7.  A memorandum from the Commander, Cramer's Sabres Battalion, University of Rhode Island, dated 6 March 2012, provides background information on the applicant to the disenrollment board.  The memorandum states the applicant was deferred from the Leadership Development and Assessment Course during the summer of 2010 because she was receiving counseling for anxiety and depression during the Spring 2010 semester.  The memorandum also confirms the applicant sustained a significant injury to her elbow during the garrison field training exercise in September 2010, requiring surgery and weeks of rehabilitation.  Despite her injury, she was able to resume physical training and passed her APFT on 5 April 2011 with a score of 226.  On 26 May 2011, the U.S. Army Cadet Command Surgeon made the determination to medically retain the applicant for the mental health counseling and made the same determination on 12 April 2011 with regard to the elbow injury.  The commander recommended the applicant's disenrollment from the program for her APFT failures and poor academic performance and that she repay the scholarship benefits in full.

8.  On 29 March 2012, the Commander, Headquarters, 2nd Brigade, U.S. Army Cadet Command, recommended the applicant's immediate disenrollment and that she be required to repay the scholarship benefits in full.  On 31 July 2012, the Commanding General, Headquarters, U.S. Army Cadet Command and Fort Knox, approved the applicant's disenrollment from the ROTC Program for breach of contract.  The applicant subsequently appealed the decision.

9.  On 16 October 2012, the attorney advisor for the U.S. Army Cadet Command, Office of the Deputy Chief of Staff, G-1, found the disenrollment proceedings legally sufficient.  The proceedings substantially complied with all legal requirements, there were no procedural errors, sufficient evidence supported the findings, and the recommendations were consistent with the findings.

10.  On 17 April 2013, the Assistant Secretary of the Army (Manpower and Reserve Affairs) considered the applicant's appeal and found her to be in breach of her ROTC contract.  Her debt was found to be valid and she was directed to 




repay the educational expenses in the amount of $121,100.00 with any applicable interest.

11.  The Defense Debt Management System maintained by the Defense Finance and Accounting Service reflects the applicant has a current debt of $136,346.35 which includes accrued interest and penalties.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for waiver of her full or partial ROTC indebtedness was carefully considered.

2.  The evidence of record shows the applicant failed to maintain the minimum GPA of 2.0 for two successive semesters and repeatedly failed to pass the APFT, amounting to a breach of her ROTC contract.

3.  Breach of the ROTC contract requires repayment of the educational expenses paid on the cadet's behalf during participation in the ROTC Program or active duty service as an enlisted Soldier in lieu of repayment.  Records reflect the applicant declined a call to active duty in lieu of repayment of the debt.

4.  Although she was injured during ROTC training and the applicant contends this adversely impacted her performance in the program, the evidence shows she was able to recover from the injury enough to be deemed medically retainable by the U.S. Army Cadet Command Surgeon and succeeded in passing the APFT on one occasion post-injury.

5.  The evidence reflects the applicant was appropriately notified of her disenrollment and requirement to repay the scholarship debt in full.  Her rights were fully protected throughout the disenrollment process and her debt has been found to be valid.

6.  In view of the foregoing, there is an insufficient basis upon which to grant 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)                                         AR20140015349



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ABCMR Record of Proceedings (cont)                                         AR20140015349



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