IN THE CASE OF:	  

		BOARD DATE:	  21 May 2015

		DOCKET NUMBER:  AR20150003983


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, forgiveness of his Reserve Officers' Training Corps (ROTC) scholarship debt.

2.  The applicant states:

     a.  He requests the Army Board for Correction of Military Records (ABCMR) review his case for relief of his $24,471 debt, which was incurred as a result of disenrollment from the ROTC Program in 2008.  He asks that his record be corrected to show he satisfied his 4-year contractual service obligation in consideration of the advanced education financial assistance he received as an ROTC scholarship student.  

     b.  In November 2007, in the third year of his four-year ROTC scholarship, he used poor judgment and was convicted of driving under the influence (DUI).  He perceived this would end his military career and disenrolled from college and the ROTC Program.  He initially intended to enlist per the terms of his ROTC contract; however, the 60-day suspense date would have put him in legal jeopardy for fleeing the jurisdiction of his court proceedings that were still pending.  His only alternative was to pay off the debt, but his ability to do so was severely hampered due to the economy and his limited driving restrictions. 

     c.  He enlisted in the Army as soon as he satisfied the State of Illinois requirements associated with his DUI in October 2010.  His recruiter advised him to apply for debt relief after honorably satisfying his 4-year contractual service obligation.  He also contacted DFAS and informed them he had enlisted in the Army.  He understood this would allow DFAS to suspend his debt.  He also enclosed documents as proof of his exceptional performance and service to his country with honor and distinction.  

3.  The applicant provides:

* a two-page personal statement
* a memorandum issued by Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, dated 18 June 2008, subject:  Disenrollment from the U.S. Army ROTC Program
* a memorandum for record issued by U.S. Army ROTC Battalion, University of Illinois at Urbana-Champaign, dated 11 July 2008, subject: Disenrollment Proceedings – Scholarship Cadet [Applicant]
* DA Form 5315-R (U.S. Army Advanced Education Financial Assistance Record), dated 19 March 2008
* Orders 193-01 issued by U.S. ROTC Battalion, University of Illinois at Urbana-Champaign, dated 11 July 2008
* DD Form 4/1-3 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 29 March 2011
* Enlisted Record Brief (ERB), dated 13 March 2015
* DA Form 1059 (Service School Academic Evaluation Report), dated       22 August 2013
* DA Form 2166-8 (NCO Evaluation Report)
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 March 2015
* a memorandum issued by Headquarters, 2d Battalion, 505th Parachute Infantry Regiment, Fort Bragg, NC, dated 1 November 2014, subject: Letter of Recommendation for Relief of ROTC Debt
* a letter from the Defense Finance and Accounting Service(DFAS), dated 12 February 2014 

CONSIDERATION OF EVIDENCE:

1.  The applicant's DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) is not available for review.  However, given that he was disenrolled from the ROTC Program, it is logical to presume he signed one at the time of his enrollment.  

2.  A review of the version of DA Form 597-3 in effect at the time shows:

	a.  Section 5 (Terms of Disenrollment) states "I understand and agree that once I become obligated and I am disenrolled from the ROTC Program for breach of contractual terms, or any other disenrollment criteria established now or in the future by Army regulations (which include, but are not limited to Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training) incorporated herein by reference, I am subject to the terms in paragraphs 5a through 5e below."

		(1)  Paragraph 5a (I Agree to Serve on Enlisted Active Duty) states "Under the terms of this contract, the Secretary of the Army or his or her designee, may order me to active duty as an enlisted Soldier, if I am qualified, for a period of not more than 4 years if I fail to complete the ROTC Program.  If I am disenrolled after the point of obligation, I may be ordered to active duty for one of the periods listed in paragraph 6 below based upon the year during which my disenrollment was initiated."

		(2)  Paragraph 5e (I Agree that any Obligation to Reimburse will not be Altered by Subsequent Enlisted Duty) states "If I am disenrolled from ROTC, I understand the Secretary of the Army, or his or her designee, retains the prerogative to either order me to active duty or order monetary repayment of my scholarship benefits.  Therefore, if I am required to repay my advanced educational assistance under the terms of the contract, my subsequent enlistment in an Armed Service will not relieve me from my repayment obligation." 

	b.  Section 5 further states, in part, that the cadet understood and agreed that, if he voluntarily or because of misconduct failed to begin or failed to complete any period of active duty that he may have incurred under the contract, he would be required to reimburse the United States an amount of money, plus interest, that is equal to or bore the same ratio to the total cost of the financial assistance provided him as the unserved portion of such duty bore to the total period of such duty he was obligated to serve.

3.  The applicant received a memorandum from Headquarters, U.S. Army Cadet Command, Fort Monroe, VA on 18 June 2008, subject:  Disenrollment from the U.S. Army ROTC Program.  It stated:

     a.  He was disenrolled and would be discharged from the ROTC Program under the provisions of Army Regulation 145-1, paragraph 3-43a (15).  Disenrollment was due to his indifferent attitude and lack of interest in military training, as evidenced by his frequent absences from military science classes, physical training, and labs.

     b.  When the ROTC scholarship contract is breached, any obligation to the Army must be satisfied by repaying the cost of advanced educational assistance provided by the Army.  The amount of monies spent in support of his education is $24,396.  A DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record) detailing the debt is enclosed. 

     c.  He was given the option to pay the total in a lump sum or initiate a repayment plan.  His suspense to return the repayment addendum was 14 days from the date of the memorandum. 

4.  The repayment addendum is not available for the Board's review.  There is no indication in the memorandum that he was involuntarily ordered to active duty through ROTC channels based on the needs of the Army due to a breach of contract.

5.  Orders 193-01, issued by U.S. Army ROTC Battalion, University of Illinois at Urbana-Champaign, Champaign, IL on 11 July 2008, discharged him from the USAR Control Group (ROTC) effective 18 June 2008. 

6.  He provided a DA Form 5315-R, dated 19 March 2008, detailing his debt in the amount of $24,396. 

7.  On 15 October 2010, he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program.  On 29 March 2011, he enlisted in the Regular Army, in pay grade E-3, for a period of 4 years in military occupational specialty 68W (Health Care Specialist).

8.  He provided a letter from DFAS, dated 12 February 2014, which shows he owed the U.S. Government $24,471 based on education expenses paid as a result of his participation in ROTC.  This letter also states the suspension or termination of the debt would be based on the outcome of the ABCMR action and his obligated service time.

9.  The applicant also provides his ERB, a letter of support for cancellation of his debt, a DA Form 1059, and a DA Form 2166-8 as evidence of his dedication and exceptional service to our Nation.  

10.  His DD Form 214 shows he was honorably released from active duty on     28 March 2015, and transferred to the 708th Medical Company, a unit of the Illinois Army National Guard (ILARNG), by reason of completion of required active service.  He completed 4 years of service and attained the rank of sergeant/E-5.  He received numerous awards, including the Combat Medical Badge for service in Afghanistan from 14 June 2012 to 28 September 2012.   

11.  Title 10, U.S. Code, section 2005(a)(3), 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 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.

12.  Army Regulation 145-1 prescribes policies and general procedures for administering the Army Senior ROTC Program.  Paragraph 3-43a (15) specifies that nonscholarship and scholarship cadets will be disenrolled for an indifferent attitude or lack of interest in military training as evidenced by frequent absences from military sciences classes or drill, an established pattern of shirking, failure to successfully complete an established weight control program, or similar acts.   Paragraph 3-43e specifies that a cadet who is involuntarily ordered to active duty for breach of his or her contract will be so ordered within 60 days after they would normally complete baccalaureate degree requirements.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for debt forgiveness, based on his failure to complete ROTC Program requirements in accordance with his scholarship, was carefully considered.  

2.  The applicant was disenrolled from the ROTC Program and was subsequently found to be in breach of his ROTC contract.  Consequently, he was subject to either an order to active duty in the Regular Army or repayment of the advanced education financial assistance he received as an ROTC scholarship student.

3.  The applicant enlisted in the Regular Army on 29 March 2011.  His enlistment served the same purpose as would have been served had he been ordered to active duty in the Army.  The Army received the benefits of his 4 years of active duty service, which included a deployment to Afghanistan.  He continues to serve in the ILARNG.  Therefore, as a matter of equity, it would be appropriate to consider his service in the Army to have met the active duty obligation required by his ROTC scholarship 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 he could satisfy his ROTC scholarship debt under the original terms of the ROTC contract by successfully completing 4 years in the Regular Army and thus waiving his 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)                                         AR20140014552



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ABCMR Record of Proceedings (cont)                                         AR20150003983



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