IN THE CASE OF: BOARD DATE: 13 September 2011 DOCKET NUMBER: AR20110009303 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 the cancellation/remission of his Reserve Officers' Training Corps (ROTC) debt which he incurred when he was disenrolled as an Army ROTC cadet and accepted into the New Mexico Army National Guard (NMARNG) Officer Candidate School (OCS) Program. 2. The applicant states his professor of military science (PMS) discharged him for lack of interest in military training after he requested discharge to enter the NMARNG OCS Program. He believes the PMS held a personal grudge against him which caused her to reject his request for discharge and disenroll him instead. He states he immediately attended and graduated from OCS and received Federal recognition as a second lieutenant. He has since served in the NMARNG and is now an active duty officer in good standing. He further states he did not fail to meet his obligation – he made a choice to pursue a different officer producing program authorized under U.S. Army Cadet Command regulations. 3. The applicant provides: * a memorandum from Headquarters, U.S. Army Cadet Command, Fort Monroe, VA, dated 17 July 2006 * DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record), dated 15 June 2006 * email from the 12th Brigade Operations Officer, undated * a bill from the Defense Finance and Accounting Service (DFAS), dated 14 March 2011 * NMARNG Orders 242-503, dated 31 August 2006 * National Guard Bureau Special Orders Number 3 AR, dated 5 January 2007 * DA Form 1059 (Service School Academic Evaluation Report), dated 4 April 2007 * U.S. Army Human Resources Command Orders A-12-934296, dated 16 December 2009 * Army Training Transcript (page 1), dated 8 April 2011 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 2 February 1999. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman). He was honorably discharged on 17 August 2004 and transferred to the U.S. Army Reserve (USAR) Control Group (ROTC). 2. On 17 August 2004, he executed a DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) to accept a 4-year ROTC scholarship. The applicant indicated he understood the sole purpose of the Army ROTC Scholarship Program is to produce officers for the U.S. Army, that entry into the program is a serious commitment, and that this commitment must be made with the resolve to attain a commission in the Army. If there were any doubts about the cadet's ability or determination to fulfill the terms of the contract, then it should not be executed. In consideration of the mutual benefits, which would accrue to the parties hereto by reason of the cadet's participation in the Army ROTC and later service in the U.S. Army, he agreed that he would incur a military service obligation (MSO) and/or financial reimbursement obligation after the first day of his Military Science (MS) II year (sophomore year) if he were a 3, 4, or 5-year scholarship recipient; after the first day of his MS III (junior year) if he were a 2-year scholarship recipient; or after the first day of his MS IV year (senior year) if he were a 1-year or less scholarship recipient. 3. The applicant's DA Form 597-3 also states that upon completion of all requirements for appointment, he agreed to accept an appointment, if offered, as a commissioned officer in the USAR or ARNG of the United States (ARNGUS) in accordance with governing Army regulations. He also acknowledged his understanding that upon appointment, he would incur a total MSO not to exceed 8 years and could not resign such appointment before completion; however, this obligation could be met in a variety of ways. a. He could serve up to 4 years on active duty as a commissioned officer in the Army followed by service in the Reserve Component (RC) for the remainder of his 8-year contractual obligation. b. He could serve a short period of active duty or active duty training if appointed for duty in an RC. If not selected for extended active duty, he would complete an officer basic course for branch qualification. This would be followed by service in an RC troop program unit (ARNGUS or USAR) which has monthly unit training assemblies and an annual training period of approximately 2 weeks until the remainder of his contractual MSO had been served. c. If he were fulfilling his obligation through RC duty and an appropriate troop program unit assignment was not available or becomes unavailable in either the USAR or the ARNGUS, he agreed to participate as a member of the Individual Mobilization Augmentee (IMA) Program by serving at least 12 days of annual training each fiscal year as directed by the U.S. Army Human Resources Command until such time an appropriate unit or IMA assignment becomes available or until the expiration of his contractual MSO. d. If he were offered an opportunity to participate in the ARNG Combat Reform Initiative, he understood and agreed that in return for participation in the ARNG Combat Reform Initiative, he would serve his remaining service obligation in an ARNG unit in lieu of completing his active duty service obligation, including mandatory service requirements as prescribed by Federal statute, Army regulation, and his ROTC contract. 4. The applicant's DA Form 597-3 also shows he understood and agreed that once he became obligated and was disenrolled from the ROTC Program for breach of contractual terms or any other disenrollment criteria established then or in the future by Army regulations incorporated in his contract, he was subject to: a. being ordered to active duty as an enlisted Soldier for a period of not more than 4 years if he failed to complete the ROTC Program. If he were disenrolled after the point of obligation, he could be ordered to active duty based upon the year during which his disenrollment was initiated (i.e., MS II – 2 years, MS III –3 years, MS IV – 4 years, or after completion of MS IV, 4 years if he were a 2, 3, or 4-year scholarship recipient. b. being required to repay his advanced educational assistance in lieu of being ordered to active duty. He would be required to reimburse the U.S. Government 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 from the commencement of this contractual agreement to the date of his disenrollment or refusal to accept a commission. 5. The applicant provides a memorandum from Headquarters, U.S. Army Cadet Command, Fort Monroe, dated 17 July 2006, which shows he was disenrolled from the ROTC Program. The memorandum states the applicant's disenrollment was due to breach of contract based on his lack of interest in military training as evidenced by his frequent absences from military science classes, labs, and physical training. It further states that since he was a member of the ARNG under the Simultaneous Membership Program (SMP), he was released to his unit to fulfill the remainder of his military service obligation and to repay the cost of advanced educational assistance provided by the Army in the amount of $18,861.60. 6. The applicant provides a DA Form 1059 which shows he successfully completed the Infantry Basic Officer Leader Course conducted at the U.S. Army Infantry School during the period 7 January 2007 through 4 April 2007. 7. The applicant provides U.S. Army Human Resources Command Orders A-12-934296, dated 16 December 2009, which show he was called to active duty as a USAR officer in a voluntary indefinite status with a minimum 3-year active duty service obligation on 11 January 2010. 8. He provides an account statement from DFAS, dated 14 March 2011, which shows his remaining ROTC debt account balance as $19,664.94. 9. Title 10, U.S. Code, section 2005(a)(3), states that the Secretary concerned may require, as a condition to the Secretary providing advanced educational 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 that if such person, voluntarily or because of misconduct, fails to complete the period of active duty specified in the agreement or fails to fulfill any term or condition prescribed by the Secretary to protect the interest of the United States, such person will reimburse the United States in an amount that bears the same ratio to the total costs of advanced education provided such person as the unserved portion of active duty bears to the total period of active duty such person agreed to serve. DISCUSSION AND CONCLUSIONS: 1. The evidence of record partially supports the applicant's request for forgiveness of the debt he incurred when he was disenrolled from the Army ROTC Program. 2. The evidence shows the applicant entered a contractual agreement for a 4-year Army ROTC Scholarship in which the applicant stated he understood the sole purpose of the Army ROTC Scholarship Program is to produce officers for the Army. By doing so, he agreed he would incur an MSO and/or financial reimbursement obligation upon completion of all requirements and he accepted an appointment, if offered, as a commissioned officer in the USAR or the ARNGUS in accordance with governing Army regulations. 3. The applicant also acknowledged his understanding that upon appointment, he would incur a total MSO not to exceed 8 years and he could not resign such appointment before completion; however, this obligation could be met in a variety of ways, to include serving up to 4 years on active duty as a commissioned officer in the Army, followed by service in the Reserve Component for the remainder of his 8-year contractual obligation. 4. The evidence of record shows the applicant incurred a debt as a result of being disenrolled from the ROTC Program. His ROTC scholarship contract specified that if he were disenrolled from the program, he could be ordered to active duty as an enlisted Soldier for a period of 4 years or be required to reimburse the U.S. Government the entire amount of financial assistance he received with interest. 5. Once he was disenrolled from the Army ROTC Scholarship Program he was released to his ARNG unit to fulfill the remainder of his MSO. Shortly after his disenrollment from the Army ROTC Scholarship Program, the applicant successfully completed OCS and is currently a member of the USAR fulfilling his minimum active duty service requirement in a voluntary indefinite status. 6. The applicant requests forgiveness of his scholarship debt; however, to forgive the debt would be premature. His debt should not be forgiven until he has completed a period of service comparable to that required by the disenrollment provisions of his contract. In this case, it would be appropriate to amend his ROTC contract by adding a paragraph 5f stating his debt will be satisfied and waived after 4 years of commissioned service on active duty. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X_____ ___X____ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following paragraph to his DA Form 597-3 as paragraph 5f: Any debt incurred as a result of my disenrollment from the ROTC Program will be satisfied and waived if I accept an appointment as an officer through another commissioning source and serve 4 years in the ARNG, USAR, or Regular Army on active duty. If I serve such active duty, no action will be taken to recoup my ROTC debt unless I am discharged before completing this 4-year service obligation. 2. If the applicant serves his contractual 4-year obligation, no debt will accrue. If the applicant fails to complete the period of service obligated as a result of his amended ROTC scholarship contract either voluntarily or because of misconduct, his ROTC debt would then be required to be recouped on a pro-rated basis. 3. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to forgiveness of the debt 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. ABCMR Record of Proceedings (cont) AR20110009303 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110009303 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1