BOARD DATE: 8 December 2016 DOCKET NUMBER: AR20160011228 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 December 2016 DOCKET NUMBER: AR20160011228 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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. BOARD DATE: 8 December 2016 DOCKET NUMBER: AR20160011228 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, remission/cancellation of his Reserve Officers' Training Corps (ROTC) scholarship debt in the amount of $32,909.33. 2. He states that the Defense Finance and Accounting Service (DFAS) does not recognize him as a service member. He adds he elected to serve on active duty in lieu of repayment. 3. He provides: * DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated 27 August 2009 * Memorandum, subject: Disenrollment of Scholarship Cadet from ROTC - [Applicant], dated 12 March 2012 * Memorandum, subject: Disenrollment from the U.S. Army ROTC Program, dated 31 May 2012 * DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) * Standard Travel Order, dated 8 December 2015 * Statement of Semi-Monthly Income for the period 1 through 15 January 2016 * DFAS letter, dated 17 March 2016 * DFAS Out of Service Debt Account Status, dated 14 August 2016 * DFAS Internet Article CONSIDERATION OF EVIDENCE: 1. The applicant contracted as a U.S. Army ROTC cadet on 27 August 2009 and he completed a DA Form 597-3 that shows his education at West Virginia University commenced on 24 August 2009 with a projected completion date of May 2013. a. Paragraph 5 (Terms of Disenrollment) of his DA Form 597-3 states that: (1) If he failed to complete the ROTC Program, the Secretary of the Army could order him to active duty as an enlisted Soldier for a period of not more than 4 years. If he was disenrolled after the point of obligation, he may be ordered to active duty based upon the year during which his disenrollment was initiated. (2) If he was offered the opportunity to repay his advanced education assistance in lieu of being ordered to active duty, he would be required to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as accrued from the day he was first notified of the amount he owed as reimbursement under the contract. (3) If he was disenrolled from ROTC, the Secretary of the Army retained the prerogative to either order him to active duty or order monetary repayment of his scholarship benefits. Therefore, if he was required to repay his educational assistance under the terms of the contract, his subsequent enlistment in an Armed Service would not relieve him from his repayment obligation. b. Paragraph 6 (Enlisted Active Duty Service Obligation) of his DA Form  597-3 states that if he were called to active duty for a breach of contract under the provisions of paragraph 5, he would be ordered to active duty for 3 years if the breach occurred during Military Science III, or for 4 years after completion of MS IV if he was a 2, 3, or 4-year scholarship recipient. 2. On 12 March 2012, the Commander, U.S. Army ROTC Mountaineer Battalion, West Virginia University, Morgantown, WV, informed the applicant that he was initiating his disenrollment from ROTC Program. a. The commander stated his actions were based on the applicant's indifferent attitude or lack of interest in military training as evidenced by his frequent absences from military science classes and breach of contract. The applicant's rights were explained and the commander said as a scholarship cadet, he may be called to enlisted active duty in an enlisted grade of E-1 or required to repay scholarship benefits in the amount of $37,865.00 in lieu of call to active duty in fulfillment of his contractual obligation. b. The applicant elected to waive his right to a hearing. He acknowledged that the amount and validity of his debt as stated in the disenrollment notification was correct. 3. On 31 May 2012, the Commanding General (CG), U.S. Army Cadet Command (USACC), notified the applicant that he was disenrolled from the ROTC Program under the provisions of Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training), paragraph 3-43a(15). He reiterated the specific reasons for the applicant's disenrollment as the applicant's indifferent attitude or lack of interest in military training and frequent absences from military science classes. a. The memorandum also notified the applicant that when the ROTC scholarship contract is breached, an obligation to the Army must be satisfied by repaying the cost of advanced educational assistance provided by the Army and that the amount of monies spent in support of his education was $37,865.00. b. Additionally, the CG provided the applicant with an addendum and ordered him to elect an option as far as paying the full amount in one lump sum payment or initiate a repayment plan. He was further notified that the addendum with his election must be received within 14 days of his receipt and failure to respond by the suspense date may result in the initiation of involuntary collection action. c. The applicant's record is void of an addendum showing his election. 4. On 14 September 2015, he enlisted in the Coast Guard Reserve for a period of 4 years in the rank/grade of private first class (PFC)/E-3. 5. A DFAS Out of Service Debt Account Status statement, dated 14 August 2016, shows the remaining balance due is $32,909.33. REFERENCES: 1. Army Regulation 145-1 prescribes policies and general procedures for administering the Army’s Senior ROTC Program. Paragraph 3-43 states that non-scholarship and scholarship cadets will be disenrolled for a breach of contract. Breach is defined as any act, performance, or nonperformance on the part of a student that breaches the terms of the contract regardless of whether the act, performance, or nonperformance was done with specific intent to breach the contract or whether the student knew that the act, performance, or nonperformance breaches the contract. Paragraph 3-43a(15) states a 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. 2. Title 10, U.S. Code, section 2005(a), 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 under the terms of which, such person shall agree: (1) to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement and (2) 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. 3. Title 10, U.S. Code, section 2005(f) states that the Secretary concerned shall require, as a condition to the Secretary providing financial assistance under section 2107a (financial assistance program for specially selected members: Army Reserve and Army National Guard; i.e., ROTC) of this title to any person, that such person enter into an agreement described in subsection (a). In addition to the requirements of clauses (1) through (4) of such subsection, any agreement required by this subsection shall provide (1) that if such person fails to complete the education requirements the Secretary shall have the option to order such person to reimburse the United States in the manner provided for without the Secretary first ordering such person to active duty as provided for under clause (2) of such subsection. DISCUSSION: 1. The evidence of record confirms the applicant enlisted in an ROTC Program. He acknowledged understanding that if he were disenrolled from the ROTC Program for any reason, he would have to repay his scholarship debt or be ordered to active duty for an appropriate number of years. The evidence of record shows he failed to satisfy the contractual requirements of this program based on his indifferent attitude or lack of interest in military training and frequent absences from military science classes. As he was found in breach of his ROTC contract, he was accordingly disenrolled from the program. 2. He contends his 4-year enlistment in the Coast Guard Reserve should fulfill his obligation under his breached Army ROTC contract. As specified in his ROTC contract, if he was disenrolled from ROTC, he could either be ordered to active duty or ordered monetary repayment of his scholarship benefits. 3. The applicant's Coast Guard Reserve service does not satisfy the conditions of his ROTC contract, which required active duty service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011228 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011228 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2