IN THE CASE OF:
BOARD DATE: 17 March 2015
DOCKET NUMBER: AR20140021234
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:
a. remission of his Reserve Officers' Training Corps (ROTC) debt and
b. reimbursement of all monies collected for the debt.
2. The applicant states:
* he contracted with the Army ROTC in college
* after his departure midway through schooling, he was given the opportunity to enlist in the Regular Army (RA) which would nullify the scholarship debt
* he enlisted in November 2010 and reenlisted in October 2013
3. The applicant provides:
* ROTC disenrollment documentation
* enlistment documents
* Defense Finance and Accounting Service (DFAS) letter, dated 24 May 2010
* DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record)
* email
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* permanent change of station orders
* DFAS Military Leave and Earnings Statements (LESs)
CONSIDERATION OF EVIDENCE:
1. Records show the applicant enlisted in the U.S. Army Reserve (USAR) ROTC Control Group on 17 October 2006 for a period of 4 years. His DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) is not available for the Board's review.
2. A memorandum from Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, dated 13 April 2009, subject: Disenrollment from the USAR ROTC Program, stated the applicant was disenrolled from the ROTC Program under the provisions of Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training), paragraph 3-43a(4). His disenrollment was based on his withdrawal from the academic institution. The amount of monies spent in support of his education is $12,518.00. He elected to decline the call to active duty.
3. He provided a letter from DFAS, dated 24 May 2010, that stated he owed $12,518.00 for ROTC education tuition assistance.
4. He provided a letter he wrote to the U.S. Army Cadet Command, dated 27 May 2010, requesting his status be updated to show he was enlisting in the Army and that he not be required to repay the cost of his advanced educational assistance provided by the Army.
5. He provided a DD Form 4 which shows he enlisted in the USAR on 22 July 2010 under the Delayed Entry Program (DEP) for 8 years in pay grade E-3. He was discharged from the USAR DEP and he enlisted in the RA on 15 November 2010 for 3 years and 28 weeks. He was honorably discharged on 20 October 2013 for immediate reenlistment. He reenlisted on 31 October 2013 for 3 years. On 25 September 2014, he extended his enlistment for a period of 16 months.
6. He provided six LESs covering the period June 2014 through November 2014 which show a monthly $300.00 deduction for a miscellaneous debt.
7. Army Regulation 145-1 prescribes polices and general procedures for administering the Army's Senior ROTC Program. This regulation states that as part of a scholarship enlistment in the ROTC an individual must sign a DA Form 597-3, which is the agreement between the Army and a potential ROTC cadet. The form contains the promises made between the Army and the potential cadet and includes what action the Army will take in the event that a cadet fails to successfully complete the terms of the contract. Paragraph
3-43a(4) states non-scholarship and scholarship cadets will be disenrolled for withdrawal or dismissal from the academic institution.
DISCUSSION AND CONCLUSIONS:
1. According to DFAS records, the applicant incurred an ROTC debt for educational expenses in the amount of $12,518.00.
2. Although not provided for in a DA Form 597-3, the applicant's 15 November 2010 enlistment in the RA served 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 a period of 4 years. He reenlisted in 2013 and extended this enlistment in 2014. 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 a ROTC scholarship contract and to refund to him any monies collected for the ROTC debt to date.
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 the Army records of the individual concerned be corrected by:
a. amending his ROTC scholarship contract to show he would satisfy the $12,518.00 ROTC debt under the original terms of the ROTC contract by successfully completing a 4-year enlistment/period in the RA; and
b. reimbursing him any monies collected for the ROTC debt to date.
_______ _ 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) AR20140021234
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