IN THE CASE OF: BOARD DATE: 2 August 2016 DOCKET NUMBER: AR20160008841 BOARD VOTE: ___x_____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 2 August 2016 DOCKET NUMBER: AR20160008841 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 amending his ROTC scholarship contract to show that he would satisfy his $92,984.28 ROTC debt under the original terms of the ROTC contract by successfully completing his enlistment (3 years and 16 weeks) in the Regular Army. 2. If the individual concerned fails to complete 3 years and 16 weeks of enlisted active service obligated as a result of his amended ROTC scholarship contract either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis in accordance with his DA Form 597-3. ___________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. IN THE CASE OF: BOARD DATE: 2 August 2016 DOCKET NUMBER: AR20160008841 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 records by remitting his Reserve Officers' Training Corps (ROTC) debt. 2. The applicant states: a. He requests the suspension/termination of indebtedness in the principal amount of $92,984.28 for the recoupment of education expenses paid on his behalf during his participation in the ROTC. b. He believes the record to be in error because he is currently on active duty in the Army. He originally chose to make payments on the debt, but was struggling to make the payments. He enlisted in the Army in order to properly fulfill his obligation. He does not believe he should have to make payments and serve on active duty. 3. The applicant provides a letter from the Defense Finance and Accounting Service, date 11 February 2016. CONSIDERATION OF EVIDENCE: 1. Records show the applicant entered the ROTC program on 15 January 2009. His DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) is not contained in the available records. 2. On 23 April 2012, he was notified of his pending disenrollment from the ROTC program based on his breach of contract for failing to enroll in the Military Science 402 course for the spring 2012 semester. On 3 May 2012, he elected to: * waive a hearing * decline a call to active duty within 60 days after his dismissal from school * decline expeditious call to active duty 3. An undated memorandum from Headquarters, U.S. Army Cadet Command and Fort Knox, Fort Knox, Kentucky, 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(16). His disenrollment was due to breach of the ROTC contract for failing to enroll in Military Science 402 for the spring 2012 semester. The total amount of monies spent in support of his education was $92,851.00. 4. His DD Form 785 (Record of Disenrollment from Officer Candidate – Type Training) shows he was disenrolled from the ROTC program on 12 June 2012. 5. On 12 May 2015, he enlisted in the Regular Army for a period of 3 years and 16 weeks in pay grade E-4. 6. He provided a letter from the Defense Finance and Accounting Service, dated 11 February 2016, showing he was charged with a debt in the amount of $92,984.28. REFERENCES: 1. 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(16) states non-scholarship and scholarship cadets will be disenrolled for breach of contract. 2. 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 U.S. Army Reserve to active duty. It states that 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. It states ROTC scholarship cadets will be ordered to active duty for a period of up to 48 months. DISCUSSION: 1. The evidence of record shows the applicant incurred a debt in the amount of $92,984.28 for his ROTC educational expenses in 2012. 2. Although not provided for in a DA Form 597-3, the applicant's 12 May 2015 enlistment in the Regular Army 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 3 years and 16 weeks. His enlistment in the Regular Army meets the active duty obligation required by his ROTC scholarship contract. 3. If the applicant fails to complete the period of enlisted service obligated as a result of his 12 May 2015 enlistment either voluntarily or because of misconduct, his ROTC debt would be required to be recouped on a pro-rated basis. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008841 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160008841 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2