IN THE CASE OF:	  

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140016430 


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 the cancellation/remission of her Reserve Officers’ Training Corps (ROTC) debt in the amount of $7,689.00, which she incurred when she disenrolled as an Army ROTC cadet. 

2.  The applicant states, in effect, that she disenrolled from the Amy ROTC Program to enroll in the Air Force ROTC Program because she spent her entire life up until that time as the daughter of two active duty Air Force members and was more familiar with the Air Force than the Army.  She desires to have her debt forgiven because she was commissioned as a second lieutenant in the Air Force on 9 May 2014 and is currently stationed at Goodfellow Air Force Base in Texas.

3.  The applicant provides copies of her Air Force ROTC enlistment contract, her oath of office in the Air Force, appointment orders in the Air Force Reserve and a copy of her military identification card. 

CONSIDERATION OF EVIDENCE:

1.  On 20 September 2010, while attending the Citadel in Charleston, South Carolina, the applicant entered into a 4-year Army ROTC Scholarship in which the applicant agreed that she understood that the sole purpose of the Army ROTC scholarship program is to produce officers for the United States Army, that entry into the program is a serious commitment, and that this commitment must be made with the resolve to attain a commission.  If there were any doubts about the cadet's ability or determination to fulfill the terms of the contract, then it should not be executed.  In consideration of the mutual benefits, which will accrue to the parties hereto by reason of the cadet's participation in the Army ROTC and later service in the United States Army, she agreed (in pertinent part) that she would incur an active duty and/or reimbursement obligation after the first day of her MS (Military Science) II year (sophomore year) if she was a three, four or five year scholarship recipient. 

2.  The applicant’s DA Form 597-3 also states that if she were called to active duty for breach of contract under the provisions of paragraph 6, she 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.

3.  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 4 academic years, tuition and educational fees up to an annual amount of $9,871.00.

4.  On 26 October 2011, officials at the Citadel initiated action to disenroll the applicant from the Army ROTC Scholarship Program due to "Her withdrawal from the Army ROTC Program to accept a scholarship in the Air Force ROTC Program."  The applicant was advised at that time that she may be called to active duty in the enlisted pay grade of E-1 or be required to repay scholarship benefits in the amount of $7,689.00.  The applicant was also advised that she had a right to a hearing.

5.  The applicant elected to waive her right to a hearing and declined an expeditious call to active duty.

6.  On 24 January 2012, a memorandum was dispatched to the applicant from the Army Cadet Command officially notifying the applicant of her disenrollment and providing her an election option statement.

7.  On 21 August 2012, the applicant entered into an 8-year Air Force ROTC Contract for enlistment into the Air Force Reserve.  She agreed to serve in the Air Force Reserve for a period of 8 years, 4 years of active duty and 4 years of Reserve service.  She also agreed that if he did not complete the Air Force ROTC Program or if she completed the program, but declined to accept a commission when offered, she may be ordered to active duty by the Secretary of the Air Force to serve in an enlisted status for 4 years or more, or for such lesser period as the Secretary may prescribe, or reimburse the government for any advanced educational assistance received under the agreement. 

8.  The applicant graduated from The Citadel and was appointed as a second lieutenant in the Air Force Reserve on 9 May 2014 and is currently serving on active duty at Goodfellow Air Force Base, Texas.

9.  Title 10, United States Code (USC), 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.

10.  Title 10, USC Code, Section 541, provides, in pertinent part, that notwithstanding any other provision of law, each cadet at the United States Military Academy or the United States Air Force Academy, and each midshipman at the United States Naval Academy, is entitled, before graduating from that Academy, to state his or her preference for appointment, upon graduation, as a commissioned officer in either the Army, Navy, Air Force or Marine Corps.  However, not more than 12 1/2 percent of any graduating class at an Academy may be appointed in armed forces not under the jurisdiction of the military department administering that Academy.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant understood the conditions of her ROTC contract, whereby she could elect to repay her scholarship debt in lieu of being involuntarily ordered to active duty in the Army in the rank of E-1.

2.  She clearly declined the involuntary call to active duty and elected to make payments to the DFAS in accordance with the conditions of her contract.  However, it appears that she was led to believe at the time that as long as she continued to serve in the ROTC, that service was service, regardless of which Armed service one performs in, and that once she graduated from the Citadel and accepted her commission, her debt would be satisfied. 

3.  It is also noted that the applicant's transition from the Army to Air Force ROTC was essentially seamless and the applicant has continued to participate in the ROTC, albeit in a different service, at the same institution.  In doing so, she 
continues to demonstrate her commitment to honor her obligations and to serve her country as a commissioned officer in the Air Force, just the same as she would have had she completed the Army ROTC Program and was similarly commissioned and ordered to active duty.

4.  Notwithstanding the fact that the applicant has agreed to repay her debt and  continued to participate in an ROTC program of another service, it would be premature and unfair to forgive her debt prior to her accepting a commission and being ordered to active duty.  The main purpose of the advance education assistance programs is for the Armed Services to obtain active duty service obligations (ADSOs) from qualified personnel in exchange for educational assistance.  The applicant entered into such an obligation with the Army and until such time as she accepted a commission in the Air Force and was ordered to active duty, her debt remained valid. 

5.  However, the importance of an individual's service to his or her country, regardless of which Armed service involved is recognized, and as such, in the interest of justice and as a matter of equity, the collection of her debt should be cancelled and all monies paid by her should be returned.  Her acceptance of a commission and orders to active duty satisfy the spirit of law and regulation.

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 Department of the Army records of the individual concerned be corrected by:

a. amending her Army ROTC scholarship contract to show that she would satisfy the service obligation under the original terms of that ROTC contract as a commissioned officer on active duty with the U.S. Air Force; and
b. cancelling/remitting the collection of her Army ROTC debt, returning all monies collected to date and showing that the debt is invalid effective       9 May 2014, the date she accepted a commission in the U.S. Air Force.



      _______ _   _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)                                         AR20140016430





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ABCMR Record of Proceedings (cont)                                         AR20140016430



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