IN THE CASE OF:	  

		BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140019298 


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) “student loan debt.”

2.  He states:

     a.  The Defense Finance and Accounting Service (DFAS) suspended his educational debt for 2 years after he enlisted on active duty and informed him to request forgiveness of this debt from this Board.  He is now requesting the educational debt to be forgiven due to his 2 years of active duty service.

     b.  He was deployed to Afghanistan in support of Operation Enduring Freedom and has orders to deploy to Liberia.  His reenlistment window will open at the end of December 2014, and he will be reenlisting to continue his military career.

3.  The applicant provides:

* A letter from DFAS which temporarily suspended his educational debt of $36,044.00 until 20 March 2015
* Headquarters, U.S. Army Maneuver Support Center of Excellence, Fort Leonard Wood, MO Orders 352-1450, dated 17 December 2012
* Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY Orders CP-066-0470 dated 7 March 2013
* Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY Orders CP-300-0025 dated 27 October 2014
* Enlisted Record Brief dated 30 October 2014

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 Army Board for Correction of Military Records (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.  On 12 November 2009, the applicant entered the ROTC Scholarship Program at West Virginia University (WVU).  He was awarded a 3-year scholarship.

3.  On 23 November 2011, the U.S. Army Cadet Command notified him that he was disenrolled due to a breach of his ROTC contract based on his dismissal from the Leader Development and Assessment Course.  He was informed that he was required to repay monies spent in support of his education in the amount of   $35,894.00.

4.  Under the terms of the applicant’s ROTC scholarship contract agreement, if he failed a course of instruction, he would be required to be disenrolled from the program.  During the summer of his 3rd and 4th year, the applicant failed the ROTC Leadership Course.  Since he failed the course between the 3rd and 4th year, the terms of his contract required him to either serve on active duty for 36 months or repay the cost of his educational expenses.

5.  On 21 August 2012, the applicant enlisted in the Regular Army for 3 years and 19 weeks for military occupational specialty (MOS) 88M (Motor Transport Operator).

6.  Shortly thereafter, the applicant applied to DFAS requesting to suspend his educational debt due to his recent enlistment in the RA.  On 26 March 2013, his request was approved for a temporary suspension until 20 March 2015.

7.  The applicant provides documentation from Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell KY Orders CP-300-0025 dated 27 October 2014, showing he received orders to Monrovia, Liberia, in support of Operation United Assistance, and will report on 3 November 2014, not to exceed 270 days (9 months).  

8.  On 20 August 2015, he will have completed 36 months of active duty service.

9.  Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training) prescribes policies and general procedures for administering the Army's Senior ROTC Program.  Paragraph 3-43 states that non-scholarship and scholarship cadets will be disenrolled for a breach of contract.  Breach is defined as any act, performance, or nonperformance on the part of a student that breaches the terms of the contract regardless of whether the act, performance, or nonperformance was done with specific intent to breach the contract or whether the student knew that the act, performance, or nonperformance breaches the contract.

10.  Title 10, U.S. Code, section 2005(a), states 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 under the terms of which such person shall agree:  (1) to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement and (2) that if such person fails to complete the education requirements specified in the agreement, such person will serve on active duty for a period specified in the agreement.

11.  Title 10, U.S. Code, section 2005(f), states that the Secretary concerned shall require, as a condition to the Secretary providing financial assistance under section 2107a (Financial Assistance Program for Specially Selected Members:  Army Reserve and Army National Guard; i.e., ROTC) of this title to any person, that such person enter into an agreement described in subsection (a).  In addition to the requirements of clauses (1) through (4) of such subsection, any agreement required by this subsection shall provide (1) that if such person fails to complete the education requirements, the Secretary shall have the option to order such person to reimburse the United States in the manner provided for without the Secretary first ordering such person to active duty as provided for under clause (2) of such subsection.

DISCUSSION AND CONCLUSIONS:

1.  Under the terms of the applicant’s ROTC scholarship contract agreement, if he became disenrolled from the ROTC program for breach of contractual terms, he would agree to serve on enlisted active duty for a length of period based upon the year in which the breach occurred.  In his case, he would have been required to serve 36 months. 
2.  The applicant voluntarily enlisted in the RA on 21 August 2012.  It appears that he is presently serving in an active duty status in the rank/grade of Cpl/E-4.  He will have to serve until 20 August 2015 to complete his contractual obligation in order for his ROTC educational debt to be satisfied.

3.  His belief that his subsequent service in the RA should fulfill his obligation under his breached ROTC contract was considered and found to have merit.  The Army is receiving the same military service benefit it would have gained had the applicant reported for active duty as a result of breaching his ROTC contract, a total of 3 years of enlisted active duty service. 

4.  In view of the facts of this case, and as a matter of equity, it would be appropriate to consider his enlistment in the RA on 21 August 2012 to have met the active duty obligation required by his ROTC scholarship contract, provided he continues to serve satisfactorily on active duty through 20 August 2015.

BOARD VOTE:

____x____  ____x____  ___x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 amending his ROTC scholarship contract to show he would satisfy the service obligation under the original terms of the ROTC contract via his enlistment in the RA on 21 August 2012.

2.  The Board further determined that if he is separated from active duty prior 
to 20 August 2015 due to any reason other than completion of his required 






service, he should be required to repay the U.S Government a pro-rated portion of the waived ROTC debt.



      _______ _   _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)                                         AR20140005276



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ABCMR Record of Proceedings (cont)                                         AR20140019298



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