IN THE CASE OF:	  

		BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140020999 


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 termination of his indebtedness for his Reserve Officers' Training Corps (ROTC) educational expenses in the amount of $27,756.00 due to his active duty service in the Regular Army (RA).

2.  He states: 
   
   a.  his ROTC educational debt is an "out-of-service" debt and he is currently serving on active duty in the RA; and
   
   b.  the Defense Finance and Accounting Service (DFAS) has temporarily suspended his educational debt awaiting correction of military records.

4.  The applicant provides:

* Record of Disenrollment from Officer Candidate - Type Training
* Senior ROTC Contract Agreement Special Active Duty Provision Statement of Understanding
* Memorandum of ROTC disenrollment
* Acknowledgement of cadet
* Enlistment records
* Orders 
* Certificate of Training


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 17 August 2011, the applicant entered the ROTC Scholarship Program at the University of Tennessee, Knoxville TN.  Upon acceptance, he was to receive 3 years of tuition, including books, fees, and a monthly stipend.

3.  However, on 31 July 2012, the U.S. Army ROTC Battalion at the University of Tennessee notified him that he was being disenrolled based upon his failure to maintain a minimum semester grade point average (GPA) of 2.0 on a scale of 4.0.  He was informed that he was required to repay monies spent in support of his education in the amount of $27,486.00.

4.  On 16 August 2012, the applicant was officially disenrolled from the ROTC Program.  The applicant had two choices, to either repay his educational debt or to serve for a period on active duty as prescribed in his contract.  Since the breach occurred during the MS II year, his contract requiree a minimum of 24 months on active duty.

5.  On 8 January 2013, the applicant enlisted in the RA for 3 years and 18 weeks for military occupational specialty (MOS) 19D (Cavalry Scout).  His record shows he successfully completed initial entry training and is currently serving in the RA.

6.  On 22 January 2014, the applicant requested from DFAS a suspension of his educational debt due to his enlistment in the RA, which was approved.

7.  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.

8.  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.

9.  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 period based upon the year in which the breach occurred.  In his case, the breach occurred during the MS II year, which required the applicant to serve 24 months. 

2.  The applicant enlisted in the Regular Army on 8 January 2013.  He was required to serve until 7 January 2015 to complete his contractual obligation in order for his ROTC educational debt to be waived.

3.  The record shows that as a result of the applicant's subsequent 2 years of active service, the Army has received the same military service benefit it would have gained had the applicant reported for active duty as a result of breaching his ROTC contract. 

4.  In view of the facts of this case, it is appropriate to correct the record to show that he has satisfied his ROTC debt.

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 the Department of the Army records of the individual concerned be corrected by amending his ROTC scholarship contract to show that he satisfied his ROTC scholarship debt under the original terms of the ROTC contract by successfully completing 2 years 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)                                         AR20140005276



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ABCMR Record of Proceedings (cont)                                         AR20140020999



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