BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20150005606 


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 correction of his military records by showing that the balance of his Reserve Officers’ Training Corps (ROTC) debt was forgiven.

2.  The applicant states, in effect, that he made regular payments on his debt from October 2012 to March 2014.  His debt was suspended when he left for an assignment in the Republic of Korea (ROK) in 2014.  The suspension expired 2 April 2015.  He is requesting that the balance of this debt be terminated based on his enlistment in the Regular Army.

3.  The applicant provides:

* DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated in 2010
* U.S. Army Advanced Education Financial Assistance Record, dated 25 January 2012
* Memorandum from the U.S. Army Cadet Command, dated 1 June 2012, with addendum
* Orders 156-001, U.S. Army Cadet Command, dated 4 June 2012
* Letter from the Defense Finance and Accounting Service (DFAS), dated       19 September 2012
* DFAS Account Statement, dated 19 September 2012
* DFAS Account Statement, dated 5 October 2012
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 15 January 2013
* DFAS Account Statement, dated 24 March 2014
* Letter from DFAS to the applicant, dated 5 May 2014
* Orders, U.S. Army Garrison, Camp Humphreys, dated 2 February 2015
* DFAS Account Statement, dated 5 March 2015

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving in the Regular Army as a specialist, pay grade E-4.

2.  On 23 July 2010, the applicant contracted for a 4-year ROTC scholarship. Payments were made on 29 September 2010, 5 January 2011, 7 October 2011, and 30 December 2011, totaling $9,246.20.

3.  The applicant’s DA Form 597-3 states that if he were disenrolled from the ROTC Program for any reason or if he failed to accept a commission, the Secretary of the Army could order him to active duty as an enlisted Soldier for a period commensurate with the number of years education received.  In the applicant's case, this was for a period of 24 months.  In lieu of being ordered to active duty, he could be required to reimburse the United States through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance paid by the United States for his advanced education.

4.  In a memorandum from the U.S. Army Cadet Command, dated 1 June 2012, the applicant was informed that he had been disenrolled from the ROTC program due to his indifferent attitude or lack of interest in military training as evidenced by frequent absences from military science classes or drill.  On the attached addendum, the applicant has indicated to this Board that he had elected to repay the debt shown as $9,246.20 in monthly installments.

5.  Orders 156-001, University of Central Arkansas, dated 4 June 2012, directed the applicant to be discharged from the U.S. Army Reserve Control Group (ROTC) effective 1 June 2012.

6.  In a letter to the applicant, dated 19 September 2012, DFAS informed him that his monthly payment would be $260.22, with the first payment due on 19 October 2012.  A subsequent statement from DFAS indicates his monthly payment was changed to $80.41.

7.  A DD Form 4, dated 15 January 2013, shows that the applicant enlisted in the U.S. Army for a period of 6 years, beginning in the rank of private first class, pay grade E-3.


8.  Orders Number 084-004, 35th Air Defense Artillery (ADA) Brigade, dated 
25 March 2014, shows the applicant had arrived in the ROK on 24 March 2014 and was assigned to the 35th ADA Brigade.

9.  Orders 033-0503, U.S. Army Garrison-Humphreys, ROK, dated 
2 February 2015, assigned the applicant to Fort Sill, Oklahoma, with a reporting date of 10 May 2015.

10.  A letter from DFAS, dated 5 May 2014, informed the applicant that the balance on his debt was $7,978.40.  He was also informed that he had the option to request that this Board either suspend or terminate the debt pending the completion of his obligated military service.

11.  Army Regulation 135-210 (Order to Active Duty as Individuals for Other Than a 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 United States Army Reserve to active duty during peacetime.  It states former ROTC cadets, 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.

DISCUSSION AND CONCLUSIONS:

1.  When the applicant was disenrolled from ROTC, he was discharged from the USAR Control Group (ROTC).  Had the applicant been able to accept active duty in lieu of repaying his ROTC debt, he would have been obligated to serve 2 years of active duty.

2.  On 15 January 2013, the applicant enlisted in the Regular Army for a period of 6 years, beginning in the pay grade of E-3.  On 14 January 2015, he completed 
2 years of active duty service.  He is still serving on active duty.

3.  The applicant’s active duty served the same purpose as would have been served had he been ordered to active duty after his disenrollment from ROTC.  As a matter of equity, it would be appropriate to consider his active duty service as having met the 2-year active duty obligation required by his ROTC scholarship contract.

4.  However, because he entered active duty at an elevated rank vice as a private, pay grade E-1, he should not be entitled to any reimbursement of monies already paid toward his ROTC debt.

5.  In view of the above, it would be appropriate to grant the applicant's requested relief.

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 that he satisfied the remaining balance of his ROTC debt under the original terms of the ROTC contract by his successful completion of 2 years of active duty service that ended on 14 January 2015.




      __________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)                                         AR20150005606





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