IN THE CASE OF:	  

		BOARD DATE:	  6 November 2014

		DOCKET NUMBER:  AR20140016165 


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 his Reserve Officers' Training Corps (ROTC) scholarship debt be waived and termination of recoupment of $13,741.00 in education expenses paid on his behalf during participation in the ROTC program, based upon his date of enlistment in the U.S. Army. 

2.  The applicant states, in effect:

* he attended Georgia Military College as an ROTC cadet from December 2007 through May 2009
* he was disenrolled from the ROTC program for failure to maintain a 2.0 Grade Point Average (GPA)
* a letter, dated 10 June 2009, informing him of his disenrollment from the ROTC program and options for fulfilling his contractual obligation (to include direct repayment of the scholarship or call to enlisted active duty service) was mailed to his parents address in Tennille, Georgia
* he was unaware of the disenrollment letter and did not receive it at the time as he did not live at his parent's Tennille, Georgia address
* on 28 January 2010, he enlisted in the U.S. Army after his disenrollment from ROTC and he was advised by his recruiter his enlistment would fulfill his obligation and cancel his debt
* his parents did not provide him the disenrollment letter until August 2011, when they began receiving notices that the applicant was delinquent in paying the debt
* he began to make payments toward the outstanding tuition balance after his return from deployment to Iraq
3.  The applicant provides:

* self-authored statement
* ROTC disenrollment documents and envelope addressed to applicant at the Tennille, Georgia address
* notarized letter from his father
* Pioneer Credit Recovery letter
* Enlisted Record Brief (ERB)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve, on 19 October 2005, entering an 8-year contract.  On 5 February 2008, he entered into a 2-year contract under the Senior ROTC Scholarship Program.  

2.  His DA Form 597-3 (Army Senior Reserve Officers' Training Corps (ROTC) Scholarship Cadet Contract) states that if the cadet were disenrolled from the ROTC program for any reason, the Secretary of the Army could 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 un-served portion of active duty bears to the total period of active duty the cadet agreed to serve or was ordered to serve.  

3.  The applicant’s DA Form 597-3 also states, in effect, that if he were called to active duty for breach of contract under the provisions of paragraph 6, he would be ordered to active duty for 2 years if the breach occurred during Military Science II; for 3 years if the breach occurred during Military Science III, or for 4 years if the breach occurred during Military Science IV.

4.  In consideration of the agreement to the terms of the ROTC Scholarship Contract, the Department of the Army agreed to pay for a period of 2 academic years of tuition and educational fees.

5.  On 10 June 2009, the applicant was advised his disenrollment from the Senior ROTC Program for breach of contract by failing to maintain a 2.0 GPA was initiated.  He was advised that he may be called to enlisted active duty in an enlisted grade of E-1 or repay scholarship benefits in the amount of $13,741.00.  The applicant acknowledged receipt of the disenrollment notification with his signature on 12 June 2009 and elected to:

* waive my right to a hearing.  If scholarship cadet, I also acknowledge that the amount and validity of my debt as stated in the disenrollment notification is correct.  I understand that by waiving this right, I waive the opportunity to present matters regarding the disenrollment and the amount or validity of my indebtedness before a board or investigating officer.  Additionally, I waive my right to appeal the disenrollment and/or the amount or validity of the debt
* decline call to active duty within 60 days after completion of my current projected graduation date or upon withdrawal/dismissal from school, whichever occurs first
* decline expeditious call to active duty (Special Active Duty Provision)

6.  On 12 June 2009, the applicant voluntarily withdrew from Georgia Military College.

7.  The applicant was disenrolled from the ROTC Program for failure to maintain a minimum quarter academic GPA of 2.0 and since he was a member of the U.S. Army Reserve under the Simultaneous Membership Program, he was released to his unit to fulfill the remainder of his military service obligation.  He was notified, on 9 November 2009, of his disenrollment and options to satisfy his debt, to pay the total amount owed in a lump sum or initiate a payment plan.  He was notified that his election of the repayment option and his subsequent enlistment in any branch of the Armed Forces would not relieve him from this repayment obligation.  On 9 December 2009, he elected to repay the debt in monthly installments and a debt was established with the Defense Finance and Accounting Service (DFAS) December 2009.  He authenticated this election with his signature.

8.  On 28 January 2010, the applicant enlisted in the Regular Army in the rank/grade of specialist (SPC)/E-4 for a period of 3 years and 2 weeks in his former military occupational specialty (MOS) 91B (Wheeled Vehicle Mechanic).

9.  The applicant's DD Form 4 (Enlistment/Reenlistment Document) and DA Form 3286 (Statement for Enlistment) from January 2010 do not show receipt of an enlistment bonus.

10.  DFAS records show the applicant had an ROTC initiated debt in the amount of $13,741.00.  DFAS received collection in the amount of $8,024.32 and the applicant has accumulated $1,911.59 of interest, penalties, and administrative charges.  His current balance as of 24 October 2014 is $7,628.27.

11. The applicant provided a self-authored statement advising that he did not receive the copy of the disenrollment memorandum sent to his parent's house.  He also provided a copy of the envelope addressed to him at his parent's address as well as a Notarized Statement from his father attesting to the fact that the applicant was not provided the letter by his parents until August 2011.
12.  The applicant further provided documents showing he has been making payments toward his DFAS debt and a copy of his ERB reflecting deployment to Iraq and receipt of numerous awards.

13.  Title 10, U.S. Code, section 2005(a)(3), states, in pertinent part, that the Secretary concerned may require, as a condition to the Secretary providing advanced education assistance to any person, that such person enter into a written agreement with the Secretary concerned under the terms of which such 
person shall agree that if such person, voluntarily or because of misconduct, fails to complete the period of active duty specified in the agreement, or fails to fulfill any term or condition prescribed by the Secretary to protect the interest of the United States, such person will reimburse the United States in an amount that bears the same ratio to the total costs of advanced education provided such person as the un-served portion of active duty bears to the total period of active duty such person agreed to serve.

14.  Army Regulation 135-210 prescribes policies and procedures for ordering individual soldiers of the Army National Guard of the United States and the U. S. Army Reserve to active duty during peacetime.  In pertinent part, it states that former ROTC cadets, when ordered to active duty, will be ordered to report to the U. S. Army Reception Battalion and will be ordered to active duty in pay grade  E-1.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he did not receive the disenrollment memorandum mailed to his parent's address, the evidence of record clearly shows the applicant signed a copy of the document on 12 June 2009, acknowledging receipt of the letter and further acknowledging that he read and understood its contents.  

2.  The applicant clearly declined the involuntary call to active duty and elected to make payments to DFAS in accordance with the conditions of his contract.  There is no evidence of record that the applicant was advised any subsequent enlistment would result in remission of the applicant's debt.

3.  Nonetheless, the applicant was able to later enlist in the Regular Army in the pay grade of E-4, with no enlistment bonus.    Had he elected to be involuntarily ordered to active duty to satisfy his ROTC debt, he would have been ordered to active duty in the grade of E-1 for a period of 4 years, training in a specialty designated to meet the needs of the Army, and with no entitlement to any monetary incentives or other programs.

4.  Although not provided for in his DA Form 597-3, and not elected at the time of his disenrollment notification, 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 getting the benefits of his service for the period of his 3-year and 2-week initial enlistment, along with his subsequent reenlistment of 4 years, since he is currently still serving on active duty, with a 
17 June 2016, expiration term of service date.  As a matter of equity, it would be appropriate to consider his enlistment in the Army to have met the active duty obligation required by his ROTC scholarship contract.   

5.  The applicant's record of enlisted time reflects faithful service, to include deployment to Iraq, the receipt of numerous awards, and a good faith effort to repay a substantial portion of the debt.  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 his successful completing his initial 3-year and 2-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 Army records of the individual concerned be corrected by 









amending his ROTC scholarship to show he would satisfy the $13,741.00 debt under the original terms of the ROTC contract by successfully completing his initial 3-year and 2-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)                                         AR20140016165



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ABCMR Record of Proceedings (cont)                                         AR20140016165



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