IN THE CASE OF: BOARD DATE: 11 March 2021 DOCKET NUMBER: AR20200001553 APPLICANT REQUESTS: Through counsel, correction of his record to show cancellation/remission of his U.S. Military Academy (USMA) debt of $88,159.89. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Tab A; DD Form 214 (Certificate of Release or Discharge from Active Duty) * Tab B; Memorandum of Reprimand and allied documents * Tab C; * Memorandum, Subject: Response to Memorandum for Promotion Recommendation for the applicant * DA Form 67-10-1 (Company Grade Plate (O1-O3; WO1-CW2) Officer Evaluation Report) * Orders Number 246-165 * DA Form 71 (Oath of Office Military Personnel) * DA Form 1059 (Service School Academic Evaluation Report) * Tab D; District Court of the Fifth Judicial District Sitting in and for County Docket Number CM-2XXX-1XXX * Tab E; * DA Form 3508 (Application for Remission or Cancellation of indebtedness) * DA Form 2823 (Sworn Statement) Tab F; Memorandum, Subject: Remission or Cancellation of Indebtedness Based on Hardship and/or Injustice for the applicant FACTS: 1. The applicant states through counsel: a. The applicant enrolled at the USMA in the fall of 2012. He graduated in the Spring of 2016 with an outstanding and unblemished academic record. He started his career as an assistant operations officer in the 6th Air Defense Artillery, Fort Sill, OK. On 22 October 2016, he was involved in a vehicle accident where he was the driver of the vehicle. He was determined to be Driving Under the Influence (DUI) of alcohol by the responding police officer. He fully cooperated with authorities, was arrested and charged with DUI, and returned to his unit. b. On 20 December 2016, the applicant was given a General Officer Memorandum of Reprimand (GOMOR). He responded on 23 January 2017. In his response, he apologized for his actions, accepted full responsibility, and articulated how he was going to learn and grow from the incident with a plan for recovery of his career. His character was fully supported by former and current leaders as demonstrated by the letter included with his rebuttal. The GOMOR was filed in his Army Military Human Resources Record despite the support he received. c. The applicant was selected for promotion to first lieutenant (1LT) but contemporaneously the GOMOR triggered a promotion review board. He responded to the promotion review board and included in his response additional character letters demonstrating that he was qualified and capable of continued service. Ultimately, he was removed from the promotion list and twice non-selected. He was separated for twice non-selection for promotion. d. Based on the applicant’s service, his USMA debt was reduced by a pro-rata share to approximately $88,159.89. Since separating from the U.S. Army, he has obtained employment with JP Morgan Chase as part of a rotational program with the hope of permanent placement within the company after two years. He began working for JP Morgan Chase in July 2019. e. The applicant’s charge in Oklahoma for the DUI has been deferred through October 2019. In October 2019, the charges were dismissed for successful completion of the deferment program. He has not been in any trouble or had any other disciplinary issues since this single and isolated incident in October 2016. His record is clear of the DUI charge and he does not have any convictions. f. The basis of this request is injustice. The applicant served with honor and distinction during his time at West Point and after this incident. He has conducted himself as a true example and model for humility and resilience in the aftermath of this setback, and demonstrated that despite his single and isolated transgression, he is a man of character and has worked tirelessly to overcome his mistake. He immediately and fully acknowledged his errors to the State of Oklahoma and to the Army and has done everything he can to pay for his actions and make a full recovery. g. It is in the interests of justice and the Army to grant a waiver for the remaining balance of his debt. While the debt is lawfully owed, the applicant is a young man transitioning a career from the Military to the civilian sector. He has already suffered the loss of his military career and potential for retirement due to his actions and he has rightfully paid for his mistake. Despite being separated for non-promotion, he clearly demonstrated his character to his leaders who supported him in his response to the GOMOR and promotion review board. Once the GOMOR was filed he did not give up on his unit or the Army, rather he conducted himself with resiliency and integrity as he worked to rebuild his career and commitment to service. h. The deferment of judgement on the applicant by the State of Oklahoma further demonstrates that the State recognized that the charged DUI was a first-time offense and an isolated, out of character, incident for him. i. Based on the totality of the circumstances, where the applicant has lost his career and his opportunity to serve in the Army, cancelation of his debt is warranted. It is unjust to require repayment of the debt based on a criminal charge that is being fully dismissed by the State of Oklahoma, and where his conduct following the incident demonstrate that he is a man of character with this single and isolated mistake in his past. 2. On 16 May 2016, Orders Number 40-77-A-1280, issued by the U.S. Army Human Resources Command, Fort Knox, KY, appointed the applicant as a Regular Army commissioned officer, effective 21 May 2016. 3. On 20 December 2016, by memorandum, the applicant was reprimanded by the senior commander, Headquarters, Fires Center of Excellence and Fort Sill for driving while intoxicated. 4. On 10 February 2017, the senior commander, Fires Center of Excellence and Fort Sill after considering the applicant's rebuttal and recommendation of the chain of command, directed the reprimand be placed in the applicant's official military personnel file. 5. On 7 December 2018, by memorandum, the Secretary of the Army removed the applicant from the first quarter fiscal year 2018 promotion scroll. 6. On 15 June 2019, the applicant was honorably discharged from active duty by reason of non-selection, permanent promotion. He completed 3 years and 25 days. DD Form 214, item 18 (Remarks) shows the applicant was a West Point recipient and was subject to recoupment in the amount of $226,051.00 and the amount should be prorated and he be required to reimburse the Government for the cost of his education not satisfied by active duty. 3. The applicant provides through counsel: a. Memorandum, Subject: Response to Memorandum for Promotion Recommendation for the applicant wherein the applicant attempted to justify his potential for promotion to the promotion review board based on his use of available resources at Fort Sill and his resiliency in the face of adversity. b. DA Form 67-10-1 showing the applicant was evaluated as the executive officer of the Air Defense Junior Officer Education Battery, and was rated as highly qualified by his senior rater. c. Orders Number 246-165, issued by Headquarters, U.S. Army Garrison, Fort Sill, ordered the applicant to a permanent change of station from the Basic Officer Leaders Course to the 31st Air Defense Brigade d. DA Form 71 showing the applicant was appointed as a Regular Army Air Defense Artillery officer and executed an oath of office. e. DA Form 1059 showing the applicant attended and completed the Air Defense Artillery Basic Officer Leaders Course. f. District Court of the Fifth Judicial District of Sitting in and for County Docket Number CM-2XXX-1XX wherein the applicant was placed on probation for the DUI for two-years until 18 October 2019. g. DA Form 3508 completed by the applicant to request cancellation/remission of a USMA debt in the amount of $88,159.89. h. DA Form 2823 authored by the applicant that states: (1) had the great privilege of attending West Point and commissioning as an officer in the U.S. Army. He treated his time at West Point and his career with respect and endeavored to be the best leader that he could be for the Army. Unfortunately, he made a mistake and lost what he had worked so hard to achieve. Since the incident, he has tirelessly worked to accept responsibility for his actions that night in driving while intoxicated. In the remaining time that he had in the Army, his goal was to demonstrate to his leadership that he was worth saving and that he had so much to offer as an officer. Despite his best efforts to salvage his career, he was unable to do so. (2) The Army taught him how to handle and deal with adversity in his life and he is working to pick up the pieces and move on with the skills that he gained from his service. Upon separation, he has immediately sought employment in an organization where he can contribute in the same ways that he had hoped to do in the Army. He was recently hired by JP Morgan Chase and is eager to starting a career and demonstrating that the Army trained him to be a leader. (3) At this point, his case in the State of Oklahoma is pending dismissal in October 2019. He has not had any additional infractions or misconduct in the Army or as a civilian since being stopped for his DUI. Once the case is dismissed in October, he will have a clean record and will have satisfied his obligations to the State. (4) He is responsible for his conduct and he does not cast blame on anyone else. He feels that the debt is unjust, however, because the circumstances of his actions were mitigated by his integrity and character such that the State of Oklahoma does not even see the need to permanently record a conviction for this offense. The relative severity of what he has done is properly addressed with the permanently filed GOMOR and loss of his military career. The additional requirement to pay back this debt when he was willing to continue his service, and where his command was willing to retain him, is unjust. He very much appreciates your consideration and time. i. Memorandum, Subject: Remission or Cancellation of Indebtedness Based on Hardship and/or Injustice for the applicant wherein the applicant was informed by the Deputy Chief of Staff, G-1 after review of the applicant's request for remission or cancellation of his USMA debt in the amount of $88,159.89, the collection was just and cancellation was not in the best interest of the Army. The application was disapproved. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents and evidence in the records. The Board considered the applicant’s counsel statement, his military service record, the review and conclusion of the Deputy G-1 advisory opinion and documents provided by the applicant’s counsel. Evidence in the record show the applicant was removed from the promotion list and became a two time non select for promotion after receiving a GOMOR for driving under the influence. The Board concurred with the DSCPER-G1 advisory opinion finding insufficient evidence to support the applicant’s endorsement for debt cancellation. Based on a preponderance of evidence, tireless efforts of the applicant’s counsel seeking to resolve the debit, and family hardship the Board determined regulatory guidance were not met. Therefore, relief was denied. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XXX XXX DENY APPLICATION 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. 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. REFERENCES: 1. Army Regulation 350-100 (Officer Active Duty Service Obligations) states: a. The purpose of active duty service obligations is to assist the Army in ensuring a reasonable return to the Army following the expenditure of public funds. Public funds are expended starting with the commissioning phase, through training at the USMA. b. USMA graduates accepting an appointment in the Regular Army incur a 5-year active duty service obligation. 2. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) provides policy and instructions for submitting and processing packets for remission or cancellation of indebtedness to the U.S. Army. Requests for remission or cancellation of indebtedness must be based on injustice, hardship, or both. A Soldier's debt to the U.S. Army may be remitted or canceled on the basis of this regulation in cases arising from debts incurred while serving on active duty or in an active status as a Soldier. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200001553 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1