IN THE CASE OF:	  

		BOARD DATE:	  14 April 2015

		DOCKET NUMBER:  AR20140021003 


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, in effect, that he be paid 95.6 percent (%) of the value of his graduate school contract based on his completion of 95.6% of his extra 
3-year term. 

2.  The applicant states when he signed his initial commissioning contract he agreed to complete an additional 3 years after his initial 4-year Reserve Officers’ Training Corps (ROTC) active duty service obligation (ADSO) in exchange for the option to attend a fully-funded graduate school program of his choosing.  He was to be given a full salary and benefits while attending school.

	a.  He was selected for elimination from the Army by the Fiscal Year 2014 (FY14) Officer Separation Board (OSB), Captain (CPT), Army Competitive Category (ACC).

	b.  When he separates from the Army on 1 April 2015, he will be 47 days short of finishing the 3 years he was contractually obligated to complete in exchange for attending graduate school (95.6% complete).

	c.  He completed 95.6% of his extra 3-year term and he has not received any portion of the benefits listed in his graduate school contract.  He is entitled to recoup 95.6% of the value of his graduate school contract from the Army.

	d.  He completed a deployment to Iraq and to Afghanistan.  He was never flagged during his Army career.

	e.  The value of his contract was not just the advancing of his education, but the ability for him to provide for his family while receiving his education.

	f.  He submitted a Congressional inquiry and received a response from the Office of the Deputy Chief of Staff (DCS), G1.  G1 stated that because his separation date of 31 March 2015 was mandatory he would be unable to attend funded-graduate education at Army expense.  He would not be on active duty and no longer affiliated with the active component after that date.

	g.  He understands the Congressional mandate for the reduction in force, but if the Army did not want to breach his contract they should have chosen somebody else to eliminate and exempted individuals from the board with this contract stipulation.

	h.  He has made every attempt to handle this issue "in-house" and has afforded the Army ample time to resolve the issue.  This is his last attempt to deal directly with the Army before he will pursue legal action.

3.  The applicant provides:

* his U.S. Army Cadet Command Supplemental Cadet Service Agreement, Graduate School for ADSO Program
* his Officer Record Brief
* a DCS, G-1 response to his Congressional representative, dated 29 July 2014
* email, dated 10 November 2014, from the Army Times
* emails, dated from 25 June - 7 July 2014, from the U.S. Army Human Resources Command

CONSIDERATION OF EVIDENCE:

1.  On 12 February 2008, he signed a U.S. Army Cadet Command Supplemental Cadet Service Agreement, Graduate School for ADSO Program.

	a.  Under the terms of the Graduate School for Service Program he agreed to incur an additional ADSO of 3 years to be served consecutively with his initial 
4-year ADSO in order to attend graduate school between his 6th and 11th year of active duty.

	b.  Upon completing his option ADSO of 3 years, his option to attend a fully funded graduate program under the Graduate School for Service Program will vest.  Thereafter, unless suspended from favorable personnel actions, he would have secured assignment to a fully-funded graduate program for a period of up to 24 months.

2.  On 3 May 2008, he was appointed a Reserve commissioned officer in the grade of second lieutenant.

3.  Headquarters, U.S. Army Cadet Command Orders 44-34-A-142, dated 
13 February 2008, ordered him to active duty for a period of 7 years.  The orders stated he was to enter active duty on 1 June 2008.  The orders included a service obligation of an additional 3 years.

4.  He was promoted to CPT on 1 July 2011 with a date of rank of 1 July 2011.

5.  He was selected for separation by the FY14 CPT OSB.

6.  On 29 July 2014, the DCS, G-1 responded to a Congressional inquiry on behalf of the applicant.  G-1 stated:

	a.  The applicant was selected for separation by the FY14 CPT OSB convened under the authority of Title 10, U.S. Code, section 638a 
(10 USC 638a).  In compliance with Congressional mandates, the Army was faced with the challenge of separating some fully qualified officers earlier in their careers than expected in order to sustain a balance of skills in a smaller force.

	b.  Due to the applicant's mandatory separation date of 31 March 2015, he will be unable to attend funded-graduate education at Army expense as he will not be on active duty and no longer affiliated with the active component after that date.  

	c.  There are no provisions within Army policy to provide funded-graduate education for officers not on active duty and not affiliated with the active component.

7.  On 21 November 2014, DCS, G-1 responded to the applicant based on his letter to the President.

	a.  Due to his selection by the FY14 CPT OSB for separation, he was required to separate from active duty in the Regular Army on 31 March 2015.  This board, convened under the authority of 10 USC 638a, did not allow for officers with funded-graduate school agreement or other ADSO to be excluded from consideration.

	b.  Based on his mandatory separation date of 31 March 2015, he would be unable to attend funded graduate education at Army expense since he would not be on active duty and no long affiliated with the active component after that date.

8.  Military Personnel Message Number 13-356, issued 6 December 2013, announced the basic eligibility criteria, convening dates, and My Board File dates for the FY14 OSB and (Enhanced) Selective Early Retirement Boards, CPT, ACC.

	a.  For year group 2008 with DOR from 9 March 2011 - 14 July 2012 the convening dates were 4 - 15 March 2014.  

	b.  After the Secretary of the Army approves the board reports, officers selected for separation will be personally notified of their selection, followed by official correspondence.  No list was publicly released.

	c.  Secretary of the Army approval of the board reports is the final action.  No "relook" or "standby" boards will be established, nor is there an appeal process.  Officers who believed that their selection for separation resulted from an error in their military records or that their selection constituted an injustice may seek relief from the ABCMR.

DISCUSSION AND CONCLUSIONS:

1.  Based on his date of entry on active duty, 1 June 2008, his initial ADSO was completed on 30 May 2012.  He would have completed his additional 3-year ADSO on 30 May 2015.

2.  He was properly reviewed by the FY14 CPT OSB.  He was required to be separated from active duty on by 31 March 2015.  At this time he would not have completed his 3-year ADSO.  Therefore, his option to attend a fully-funded graduate program under the Graduate School for Service Program was not vested.  Therefore, there is no entitlement or provisions for him to recoup 95.6% of the value of his graduate school contract. 

3.  There are no provisions within Army policy to provide funded graduate education for officers not on active duty and not affiliated with the active component.

4.  In view of the above, there is no basis on which to grant relief in this case.


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 that 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)                                         AR20140021003



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ABCMR Record of Proceedings (cont)                                         AR20140021003



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