IN THE CASE OF:    

		BOARD DATE:  4 August 2015	  

		DOCKET NUMBER:  AR20150007367 


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 debt for not completing the requirements of his Reserve Officers' Training Corps (ROTC) Scholarship be forgiven.

2.  The applicant states that he is currently serving on active duty in lieu of repayment of his ROTC debt and he has already completed more than 
24 months of active duty.

3.  The applicant provides copies of –

* three assignment orders
* a memorandum verifying his active duty
* his Enlisted Record Brief

CONSIDERATION OF EVIDENCE:

1.  A copy of the applicant's ROTC Cadet Contract is not filed in his Official Military Personnel File (OMPF).

2.  An Austin Peay 'Governors' Guard Battalion, Austin Peay State University, Clarksville, TN, memorandum, dated 7 March 2013, shows Lieutenant Colonel R___ E. G___, Professor of Military Science (PMS), notified the applicant that he was disenrolled from the Austin Peay State University's ROTC Program, effective 25 May 2012, under the provisions of Army Regulation 145-1 (Senior ROTC:  Organization, Administration, and Training), paragraph 3-43a(15), based on his indifferent attitude and lack of interest in military training as demonstrated by his frequent unexcused absences from physical training and military science classes.

   a.  The applicant was provided a copy of his ROTC contract and a
DD Form 785 (Record of Disenrollment from Officer Candidate-Type Training).

   b.  The DD Form 785 shows the applicant entered Army ROTC as a cadet in August 2010.  Section IV (Evaluation to be Considered in the Future for Determining Acceptability for Other Officer Training) shows the PMS highly recommended that the applicant should not be considered without weighing the "Needs of the Service" against the reasons for his disenrollment.  He noted, "Cadet [applicant's name] quit the ROTC program due to family issues."

3.  Austin Peay 'Governors' Guard Battalion, Austin Peay State University, Clarksville, TN, Orders 066-01, dated 7 March 2013, discharged the applicant from the U.S. Army Reserve (USAR) Control Group (ROTC) effective 23 May 2012.

4.  A DD Form 1966 (Record of Military Processing – Armed Forces of the United States) prepared and certified by the applicant and military recruiter on 
28 May 2013 shows, in pertinent part, that he acknowledged service in the Reserve branch of the U.S. Armed Forces (ROTC at Austin Peay State University, Clarksville, TN).  It also shows, on 14 March 2013, an exception to U.S. Army Human Resources Command (HRC) business rules was approved (i.e., ROTC not ordered to active duty) allowing the applicant to enlist in the Regular Army (RA) in pay grade E-3 based on his service in the USAR (ROTC).

5.  A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the RA on 28 May 2013 for a period of 4 years in the grade of E-3.

6.  Upon completion of training he was awarded military occupational specialty 68W (Health Care Specialist).

7.  In support of his application the applicant provides the following documents.

   a.  Headquarters, U.S. Army North (Fifth Army), Military Personnel Division, Joint Base San Antonio, Fort Sam Houston, TX, Orders 324-258 (and NATO Travel Order Number 324-258), dated 20 November 2013, that reassigned the applicant from Company A, 232nd Medical Battalion, Battalion Trainee, Fort Sam Houston, TX, to Headquarters and Headquarters Company, 30th Medical Battalion, Sembach Air Base, Germany, with an availability date of 19 December 2013 and reporting date not later than 27 January 2014.

   b.  U.S. Army Europe, Ramstein Gateway Reception Center, Orders 004-053, dated 4 January 2014, that reassigned (diverted) the applicant to the 
212th Combat Support Hospital with a reporting date of 4 January 2014.

   c.  30th Medical Brigade, Unit 29218, memorandum for record, dated 3 March 2015, subject:  U.S. Army Active Duty Verification, that shows Captain R___ L. B____, Commanding Officer, certified that the applicant is currently serving on active duty.

   d.  His Enlisted Record Brief, dated 7 April 2015, that shows his expiration term of service is 27 May 2017.

8.  In connection with the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify information relevant to the applicant's ROTC debt.  On 21 May 2015, a DFAS official verified that the applicant has an ROTC debt in the gross amount of $11,556.00 and a balance due of $2,206.77.

9.  Army Regulation 145-1 provides policies and general procedures for administering the Army's ROTC Program.  Chapter 3 (Student Administration), 
paragraph 3-43 (Disenrollment), subparagraph a(15), provides that an ROTC cadet may be disenrolled for indifferent attitude or lack of interest in military training as evidenced by frequent absences from military science classes or drill, an established pattern of shirking, failure to successfully complete an established weight control program, or similar acts.

10.  Army Regulation 37-104-3 (Finance Update) provides policies and provisions for entitlements and collections of pay and allowances of military personnel.  Chapter 59 provides for recoupment of educational expenses 
(e.g., Senior Reserve Officers' Training Corps, United States Military Academy, and advanced civilian schooling) under a previous agreement when obligated active duty service has not been completed.

11.  Title 10, U.S. Code (USC), section 2005 (Advanced education assistance:  active duty agreement; reimbursement requirements), provides 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:

   a.  to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement;

   b.  that if such person fails to complete the education requirements specified in the agreement, such person will serve on active duty for a period specified in the agreement;

   c.  that if such person does not complete the period of active duty specified in the agreement, or does not fulfill any term or condition prescribed, such person shall be subject to the repayment provisions of Title 37 USC, section 303a(e); and

   d.  to such other terms and conditions as the Secretary concerned may prescribe to protect the interest of the United States.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his ROTC scholarship debt should be forgiven was carefully considered.

2.  The evidence of record shows he was enrolled in ROTC and that he was separated for breaching his service agreement.  As a result of his disenrollment, the applicant incurred an ROTC scholarship debt in the gross amount of $11,556.00 (with a balance due of $2,206.77).  

3.  He enlisted in the RA on 28 May 2013 for a period of 4 years in the grade of E-3.  His enlistment contract does not show whether or not he received any cash bonuses or other entitlements.  

4.  Based on the foregoing, it is concluded that his enlistment in the RA serves the same purpose as an order to active duty in the U.S. Army.  In other words, the Department of Defense is still getting the benefit of his service.  Therefore, as a matter of equity only, it would be appropriate to consider his enlistment in the RA to have met the active duty obligation required by his ROTC agreement. 

5.  Notwithstanding the fact that he entered a contractual agreement to serve in the RA, it would be premature and unfair to forgive his debt prior to the completion of his active duty service requirement with the U.S. Army.  With regard to a possible RA enlistment bonus, while the Board has no jurisdiction to stop any enlistment bonus, a RA enlistment bonus would be a legitimate factor to consider in granting or denying equitable relief regarding his debt, since this would be considered in essence a windfall.

6.  As a result, his debt to the Government should be placed in a suspended status pending his successful completion of 4 years of active duty service in the RA.  If he fails to satisfactorily complete any portion of his 4-year active duty service obligation in the RA, his debt is to be reinstated by DFAS at a prorated amount, including any additional interest incurred in the interim, and debt collection should be resumed.  However, if he satisfactorily completes his 4-year active duty service obligation in the RA, his service will have satisfied his debt to the Government.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 showing he satisfied his Reserve Officers' Training Corps service obligation as a Regular Army enlisted Soldier upon successful completion of his 4-year active duty service obligation.

2.  As a result of this correction, the Defense Finance and Accounting Service shall be notified to determine if he has been paid or is due to be paid a Regular Army enlistment bonus based on his current enlistment.  In the event that he has been paid an enlistment bonus or becomes due for payment of the enlistment bonus, the portion of the ROTC debt that would be satisfied by the above correction will be the total amount of the ROTC debt minus the bonus payment.  

3.  If he fails to complete the full 4-year active duty enlisted service obligation resulting from his Reserve Officers' Training Corps service obligation, either 





voluntarily or due to misconduct, his Reserve Officers' Training Corps debt will be recouped on a pro-rated basis.



      _______ _   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)                                         AR20150007367



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ABCMR Record of Proceedings (cont)                                         AR20150007367



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