BOARD DATE:	  14 July 2015

		DOCKET NUMBER:  AR20150004093 


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 his Reserve Officers' Training Corps (ROTC) scholarship debt be terminated and that his enlistment in the Regular Army be accepted in lieu of the ROTC scholarship debt.

2.  The applicant states he has completed 24 months of active duty in the U.S. Army in lieu of payment of debt incurred while a contracted cadet at the University of Oklahoma Army ROTC program.  

3.  The applicant provides:

* Enlisted Record Brief, dated 20 February 2015
* DD Form 4 (Enlistment/Reenlistment Document), dated 25 February 2013
* certificate, dated 9 May 2013, from the U.S. Army Training Center, Fort Jackson, SC
* certificate, dated 4 September 2013, from the U.S. Army Signal Center and Fort Gordon
* Permanent Change of Station (PCS) Orders 092-202, dated 2 April 2013
* PCS and military occupational specialty (MOS) action Orders 232-011, dated 20 August 2013
* Congressional letter, dated 14 January 2015
* Defense Finance and Accounting Service (DFAS) letter, dated 8 January 2015, addressed to a congressman



CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the Regular Army in the rank of specialist/E-4.  

2.  On 28 October 2010, the applicant signed a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) for 4 academic years and he acknowledged:

	a.  Paragraph 2e, "I agree to maintain at least a 2.0 on a 4.0 or equivalent scale, cumulative and semester or quarter academic grade point average in all ROTC courses.  I understand and agree that failure to maintain the minimum ROTC courses grade point average may subject me to disenrollment from the ROTC program";

	b.  Paragraph 5, "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 (AR) 145-1 Senior ROTC Program: Organization, Administration, and Training) incorporated herein by reference, I am subject to the terms in paragraphs 5a through 5e";

   c.  Paragraph 5a, "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 four (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"; 
   
   d.  Paragraph 5e, "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 education assistance under the terms of this contract, my subsequent enlistment in an Armed Service will not relieve me from my repayment obligation."

3.  Paragraph 6 of the applicant’s DA Form 597-3 states that if he were called to active duty for breach of contract under the provisions of paragraph 5, he would be ordered to active duty for 2 years if the breach occurred during Military Science II; for 3 years if the breach occurred during Military Science III, or for 4 years if the breach occurred during Military Science IV.

4.  The applicant's service record contains several DA Forms 4856 (Developmental Counseling Form) which indicate he was counseled regarding the following:

* his Army ROTC Scholarship
* his academic probation in lieu of suspension
* the U.S. Army Cadet Command Policy on student responsibilities
* his end of semester performance in the Oklahoma University Army ROTC program
* his failure to attend physical training, class, lab or other Army ROTC events
* his initial counseling for the Fall semester of his Military Science II year
* his end of semester counseling for Military Science 1212/1223 
* failure to attend and participate in the last scheduled Army Physical Fitness Test 

5.  His service record includes his U.S. Army Advanced Education Financial Assistance Record as of 17 January 2012, which shows the applicant received Army ROTC Scholarship benefits in the amount of $14,826.15.

6.  By a memorandum dated 13 February 2012, the applicant was notified that he was being disenrolled from the ROTC program under the provisions of Army Regulation 145-1, paragraph 3-43(a)(16) for failure to meet the academic semester requirements of 2.00.  The memorandum indicated he received a 0.00 for the fall 2011 which is below the Army ROTC minimum standard failing all classes and he failed to re-enroll into the MSL-2413 for the spring 2012 semester.  The applicant was advised of his rights.  He was advised that if he was a scholarship cadet, he could be called to enlisted active duty in an enlisted grade of E-1 or required to repay scholarship benefits in the amount of approximately $14,826.15 in lieu of a call to active duty fulfillment of his contractual obligation.  He was advised of his rights.

7.  On 30 March 2012, the applicant completed his acknowledgement form and elected to waive his right to a hearing, declined call to active duty within 60 days after completion of his current projected graduation date or upon withdrawal/dismissal from school, whichever occurs first, and declined expeditious call to active duty.

8.  By a memorandum dated 30 March 2012, the Professor of Military Science, U.S. Army Senior Program, University of Oklahoma, Norman, OK recommended approval for disenrollment for failure to re-enroll into MSL 2413 for the Spring 2012 semester and recommended recoupment of scholarship assistance.  On the same date, he acknowledged receipt of a copy of this statement and acknowledged he read and understood its contents.

9.  By a memorandum dated 9 April 2012, the commanding officer, Headquarters, 5th Brigade, Fort Sam Houston, TX, recommended approval and recoupment of scholarship funds.  

10.  By a memorandum dated 23 May 2012, the applicant was disenrolled from the ROTC program under the provisions of Army Regulation 145-1, paragraph 3-43a(16).  His disenrollment was due to breach of the ROTC contract based on his failure to maintain a minimum academic grade point average of 2.0 on a 4.0 scale and failure to enroll in Military Science class 2413 for the spring semester of 2012.  He was advised to make an election of one of the options described on the enclosed addendum.  (The addendum is not available for the Board's review.)  

11.  Orders published on 12 June 2012 discharged the applicant from the U.S. Army Reserve Control Group (ROTC), effective 19 April 2012.

12.  The applicant enlisted in the Regular Army on 25 February 2013 for a period of four years in the pay grade of E-2.  His enlistment contract does not indicate he received an enlistment bonus.

13.  Army Regulation 135-210 (Order to Active Duty as Individuals for Other Than Presidential Selected Reserve Call-up, Partial or Full Mobilization) prescribes policies and procedures for ordering individual Soldiers of the Army National Guard of the United States and the USAR to active duty during peacetime.  In pertinent part, it states that former ROTC cadets, will be order to active duty for a period of 48 months if an ROTC scholarship receipt and when ordered to active duty, will be ordered to report to the U. S. Army Reception Battalion and will be ordered to active duty in pay grade E-1.

14.  Army Regulation 145-1 (Senior ROTC Program:  Organization, Administration and Training) provides, in pertinent part, that a scholarship or non-scholarship cadet under consideration for involuntary call to active duty for breach of contract will be so ordered within 60 days after they would normally complete baccalaureate degree requirements or the cadet is no longer enrolled in school.  The cadet will not be discharged/disenrolled from ROTC until determination has been received from Headquarters, Cadet Command.  If it is determined that the cadet will be ordered to active duty, the cadet will not be discharged, but Headquarters, Cadet Command will issue orders ordering the cadet directly to active duty.

15.  Army Regulation 37-104-3 (Finance Update) provides the policies and provisions for entitlements and collections of pay and allowances of military personnel.  Chapter 59 currently in effect, provides for recoupment of educational expenses, e.g., ROTC, United States Military Academy, and advanced civilian schooling under a previous agreement when obligated active duty service has not been completed.

16.  Title 10, U.S. Code, section 2107(f) states a cadet or midshipman who does not complete the 4-year course of instruction may be ordered to active duty by the Secretary of the military department concerned to serve in his enlisted grade or rating for such period of time as the Secretary prescribes but not for more than four years.

17.  Title 10, United States Code, section 2005, serves as the authority for reimbursements for advanced education assistance.  It states, in pertinent part, that individuals who fail to complete the terms of their advanced education assistance agreement will reimburse the United States for the unserved portion not fulfilled.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was disenrolled from the ROTC program for breach of contract on 19 April 2012.  He was a 4-year scholarship recipient. 

2.  The applicant enlisted in the Regular Army on 25 February 2013 for a period of 4 years with no enlistment bonus in pay grade E-2.  It appears he may have not have understood the difference between being ordered to active duty to fulfill his ROTC contractual obligation and enlisting.  

3.  Although not provided for in the applicant's DA Form 597-3, the applicant's 25 February 2013 enlistment in the Regular Army can serve the same purpose as it would have served had he been ordered to active duty in the Army within 60 days of his disenrollment from the school and ROTC program.  The Army is getting the benefit of his service with his 4-year enlistment.  As a matter of equity, it would be appropriate to consider his enlistment in the Regular Army on 25 February 2013 to have met the active duty obligation required by his ROTC scholarship contract provided he successfully completes his 4-year enlistment.



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 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 by successfully completing 4 years of service 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)                                         AR20150004093



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ABCMR Record of Proceedings (cont)                                         AR20150004093



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