BOARD DATE: 1 March 2018 DOCKET NUMBER: AR20160002038 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 he would satisfy the service obligation under the original terms of his ROTC contract by voluntarily enlisting in in the Regular Army and serving on active duty for a period of 3 years. 2. The Defense Finance and Accounting Service will determine what, if any, enlistment bonuses he was paid during his first 3 years of active duty service. In the event that he received an enlistment bonus during that period, that bonus payment should be recouped to offset an equal portion of his ROTC scholarship debt. 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: 1 March 2018 DOCKET NUMBER: AR20160002038 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :x :x :x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 March 2018 DOCKET NUMBER: AR20160002038 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, relief from a debt incurred due to disenrollment from the Reserve Officers' Training Corps (ROTC). 2. The applicant states, in effect, he should be relieved of his debt because he served in the Regular Army (RA) for 9 years. 3. The applicant provides: * DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 4 August 2006 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 29 September 2006, page 3 * two DD Forms 4, dated 1 November 2013 and 23 May 2016, respectively * two DA Forms 3340-R (Request for Reenlistment or Extension in the RA), dated 31 October 2013 and 3 May 2016, respectively * letter from the Defense Finance and Accounting Service (DFAS), dated 23 November 2015 * letter from the Army Review Boards Agency, dated 13 December 2016 * DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated 27 August 2001 * memorandum, subject: Disenrollment of Scholarship Cadet from ROTC – [applicant], dated 13 May 2004, * memorandum, subject: Disenrollment from the U.S. Army ROTC Program, dated10 February 2005, * five letters from DFAS, dated 2 June 2005, 17 August 2005, 1 September 2005, 25 October 2005, and 16 September 2006 CONSIDERATION OF EVIDENCE: 1. While enrolled in a civilian college, the applicant executed a DA Form 597-3 to receive a 4-year ROTC scholarship for the period 27 August 2001 through May 2005. By signing this contract, he agreed to receive scholarship benefits, including tuition and fees, books, laboratory expenses, and monthly subsistence. This was in exchange for an appointment as a Reserve of the Army commissioned officer, upon successful completion of all academic, military, and other requirements of the Army ROTC program. a. Paragraph 7, DA Form 597-3, stated if disenrolled from 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 four years. In lieu of being ordered to active duty, he could be required to reimburse the United States, 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 commencement of this contractual agreement to the date of his disenrollment. b. Paragraph 8 of his DA Form 597-3 stated, if called to active duty for breach of contract under the provisions of paragraph 7, the term would be 3 years when the breach occurred during Military Science III (i.e., the third year of the ROTC program). 2. The applicant's complete disenrollment package is not available for review, but he provides the following relevant documents: a. Memorandum, dated 13 May 2004, subject: Disenrollment of Scholarship Cadet from ROTC – [applicant], signed by the applicant's ROTC battalion commander, notified the applicant he was being disenrolled from the ROTC program due to his grade point average for the Spring Semester, 2004. * the applicant was placed on a leave of absence, effective 13 May 2004, pending the finalization of the disenrollment * the applicant acknowledged this action on 23 May 2004 and requested the appointment of a board of officers or investigating officer so that he could personally appear and respond to his disenrollment and/or scholarship debt; he declined expeditious call to active duty b. Memorandum, dated 10 February 2005, subject: Disenrollment from the U.S. Army ROTC Program, signed by the Commanding General (CG), U.S. Army Cadet Command (USACC), disenrolled the applicant from the ROTC program. It further stated his total debt was $29,315. 3. The applicant provides letters from DFAS, dated as follows, and essentially stating: * 2 June 2005 – the applicant's total debt was $29,315; his monthly payment was $845.83 * 17 August 2005 – in order to consider his request for financial hardship, he was required to complete a promissory note to pay in installments and a financial statement of debtor * 1 September 2005 – DFAS had received the applicant's verification of full-time enrollment, but required a Department of Justice Financial Status form and a signed promissory note to finalize his suspension * 25 October 2005 – based on a review of his financial hardship package, his financial hardship was approved for his debt in the amount of $16,215; the letter showed a temporary suspension until August 2006; at the end of the suspension period, he had to either pay in full or make monthly payments * 16 September 2006 – the letter confirmed his account was suspended until 31 January 2007; upon receipt of commissioning orders, the applicant was to forward the orders to DFAS and DFAS would provide instructions for an application to the Army Board for Correction of Military Records (ABCMR) 4. The applicant enlisted in the RA on 29 September 2006 for a 3-year term. a. His DA Form 3286 (Annex B – Statement of Enlistment – U.S. Army Enlistment Program) shows he was enlisting for the U.S. Army Officer/Warrant Officer Enlistment Program (i.e. Officer Candidate School (OCS)) and the U.S. Army Incentive Enlistment Program (U.S. Army Loan Repayment Program). b. His official military personnel file (OMPF) does not show if he attended OCS. There is also no documentation confirming he was paid any portion of a bonus money under the Loan Repayment Program. 5. At some point, he was awarded military occupational specialty (MOS) 88M (Motor Transport Operator). His OMPF is void of documentation showing his attendance at advanced individual training and/or orders reflecting award of this MOS. 6. On 30 October 2008, he immediately reenlisted for 6 years; as part of this reenlistment, he was to receive a selective reenlistment bonus. His OMPF is void of documents showing he actually received this bonus. 7. He was promoted to sergeant (SGT)/E-5, effective 1 March 2010. 8. On 1 November 2013, he immediately reenlisted, this time for a 3-year term. His DD Form 4 indicated no bonus entitlement. 9. On 18 November 2013, he extended his enlistment, thereby modifying his expiration term of service to 31 July 2017 to meet the service remaining requirement for recruiting duty. 10. Orders Number 178-526, dated 27 June 2014, issued by Headquarters, U.S. Army Garrison, Fort Jackson, awarded him primary MOS 88M24 (showing skill level "2" – SGT; skill qualification identifier "4" – non-career recruiter), secondary MOS 79R2O (Recruiter). MOS 88M2O was withdrawn. 11. The applicant provides a letter from DFAS, dated 23 November 2015, that essentially states: * he was being given final notice of his indebtedness to the U.S. Government; his debt had been referred to the DFAS Debt Collection Management Office for collection * he was required to pay his debt in full within 30 days from the date of the letter; if not paid his delinquency would be reported to credit agencies * he could request a reduced monthly payment with the submission of a Voluntary Repayment Agreement and Financial Hardship Application * his total debt was shown as $26,705.03; previous balance was $24,552.59 with $1.10 due for interest and $2,151.34 to be paid for monthly penalty/administrative charges 12. He was promoted to staff sergeant (SSG), effective 1 June 2016. 13. The applicant provides a DD Form 4 indicating an immediate reenlistment for 4 years, on 23 May 2016. This form also shows no bonus entitlement. He is currently serving on active duty. REFERENCES: 1. Title 10, U.S. Code, section 2005 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: * to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement * 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 * if such person does not complete the period of active service specified in the agreement, or does not fulfill any term or condition prescribed, such person shall be subject to repay the debt 2. Army Regulation (AR) 145-1 (Senior ROTC Program: Organization, Administration, and Training), states: a. The CG, USACC, is the approving authority for termination of scholarship and/or disenrollment. A scholarship will be terminated and the cadet disenrolled when he/she breaches the terms of the contract. b. Non-scholarship and scholarship cadets will be disenrolled for a breach of contract. Sub-paragraph 3-43a states 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. Failure to maintain a minimum semester cumulative academic grade point average of 2.0 or higher. c. Cadets called to active duty for breach of the terms of their ROTC contract will serve periods of active duty as specified in their contract. 3. AR 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 during peacetime. It states that former ROTC cadets, when ordered to active duty, will report to the U.S. Army Reception Battalion and enter active duty in pay grade E-1. 4. AR 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. DISCUSSION: 1. A signed written agreement shows the applicant received a 4-year ROTC scholarship. When he did not fulfill the requirements of this agreement, he was disenrolled in February 2005. As part of the disenrollment process, he could have elected to accept an expeditious call to active duty as a way of reimbursing the government for scholarship expenses; he did not elect to do so. As such, he incurred a debt in the amount of $29,315. a. DFAS affirmed the applicant's debt in June 2005, and, apparently as a result of his request, granted him a temporary suspension. In September 2006, DFAS extended this suspension until 31 January 2007 and asked him to provide commissioning orders. Also in September 2006, the applicant enlisted in the RA. b. On 23 November 2015, after the suspension had expired, and, apparently, when no orders or required payments were received, DFAS referred his debt to the DFAS Debt Collection Management Office. c. The amount of money owed by the applicant, as confirmed by DFAS, appears to be correct. 2. Although not stated as an option in his DA Form 597-3, and despite being nearly 2 years after disenrollment, he enlisted in the RA and has served honorably in an enlisted status for more than 11 years. It appears he has more than fulfilled the 3-year term he would have been required to serve had he accepted the call to active duty upon disenrollment from the ROTC program. 3. The applicant's enlistment and service in the RA could be considered to have served the same purpose as if he been ordered to active duty. In other words, the Department of Defense received and continues to receive the benefit of his service. His more than 11 years of active service has far surpassed the active duty obligation specified in his ROTC contract. It is noted, however, that he may have received enlistment bonuses while on active duty. Should the Board determine relief is warranted in this case, the Board’s recommendation should balance a waiver of his ROTC debt against incentives that would not have been available to him during his first 3 years of enlisted service had he been ordered to active duty upon disenrollment from ROTC. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160002038 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002038 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2