IN THE CASE OF: BOARD DATE: 10 October 2017 DOCKET NUMBER: AR20160004268 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: 10 October 2017 DOCKET NUMBER: AR20160004268 BOARD DETERMINATION/RECOMMENDATION: 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 showing his Reserve Officers' Training Corps as $62,151.90. _____________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: 10 October 2017 DOCKET NUMBER: AR20160004268 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 reducing his Reserve Officers' Training Corps (ROTC) debt from $65,426.30 to $62,151.90. 2. The applicant states, in effect: a. His U.S. Army Advanced Education Financial Assistance Record erroneously shows he owes $65,426.30 for his ROTC debt. It shows he was charged $3,274.40 for Summer School 2007. He did not take any courses in the Summer 2007 semester. He believes this is a duplicate charge of his Summer 2008 semester. The correct balance should be $62,151.90. b. He previously attempted to correct the amount owed to the Defense Finance and Accounting Service (DFAS) by going through the hearing process with the U.S. Army Cadet Command. After presenting the evidence during the hearing, he received a memorandum acknowledging the error. However, his first bill from DFAS listed the incorrect amount. c. Due to the fact that he had been accepted into graduate school at George Washington University, the account went into deferment. As a result of his recent graduation, the account has become active again and he would like the amount owed to DFAS corrected to show the accurate balance. He believes that as a young man who has already lost his commission and career due to an unfortunate lack of judgment, it is difficult enough to pay back $62,151.90 worth of debt on top of new graduate school loans. To add an erroneous $3,274.40 worth of debt, have evidence presented that the amount is invalid, and still not correct it would lack fairness and be completely unjust. 3. The applicant provides: * discharge memorandum, dated 7 May 2012 * summary of hearing with disenrollment board * DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record) * discharge orders, dated 12 April 2013 * unofficial transcript * account summary by term CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. Records show the applicant entered the ROTC Program on 13 October 2006. His DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) is not contained in his available records. 3. His records also show: a. On 21 November 2009 he received a citation for driving while intoxicated in Guilford County, North Carolina, and his final court date was on 17 May 2010, 9 days after his commissioning on 8 May 2010, at which time he was charged with driving under the influence and sentenced. b. He was then flagged for active duty, pending disposition and resolution by U.S. Army Cadet Command and 4th Brigade. c. The investigation was completed on 15 October 2010 with the recommendation to revoke his commission. The recommendation was approved by the 4th Brigade ROTC Commander. d. On 31 January 2011, he received a memorandum signed by the 4th Brigade ROTC Commander stating his commission was revoked due to ineligibility for appointment at the time of commissioning. e. He received disenrollment papers in November 2011. 4. His unofficial transcript, dated 7 December 2011, shows: * he did not attend Summer School 2007 * he did attend Summer School 2008 5. He provided a DA Form 5315-E, dated 22 November 2011, showing: * he was charged $3,274.40 for Summer School 2007, the date of payment was 28 July 2008, and he was in Military Science (MS) Class 2 (second year) in line 5 * he was charged $3,274.40 for Summer School 2008, the date of payment was 28 July 2008, and he was in MS 2 in line 11 6. His disenrollment board was held on 25 April 2012. 7. He provided a memorandum from his battalion executive officer, dated 7 May 2012, stating she recommended the applicant's disenrollment from the ROTC Program and release from any obligation – monetary or service – as he had already paid a severe price for his mistakes and served a penance of 2 years for it. He served the North Carolina Agricultural and Technical State University Battalion well and has been resilient in trying to move on with his life. He has continuously sought for a timely resolution and found no timely answer. He should not be penalized more than once for the same mistake and the time that it took the ROTC Cadet Command system to get to a fair outcome and notifications. Furthermore, she finds the applicant should not be penalized for the lack of judgment and misleading and improper guidance of his father (Army first sergeant) and his lawyer as his main advisors in this matter. He lost his commission, completed 24 hours of community service, 12 months suspension of his driver's license, 20 hours of substance abuse class, not to mention loss of salary for 2 years commensurate with lieutenant's pay. 8. On 21 January 2013, he was discharged from the U.S. Army Reserve Control Group (ROTC). 9. He provided a letter from DFAS, dated 15 January 2016, showing he was charged with a debt in the amount of $65,426.30. 10. An advisory opinion was obtained from the Professor of Military Science, North Carolina Agricultural and Technical State University, on 27 July 2017. The opinion stated: a. The applicant was a ROTC scholarship student (4-year) at North Carolina Agricultural and Technical State University from August 2006 to May 2010. Unfortunately, he was disenrolled from the Army ROTC Program. A DA Form 5315-E retrieved from U.S. Army Cadet Command shows he was charged for Summer School 2008 in the amount of $3,274.40. b. After speaking with the Registrar's Office at North Carolina Agricultural and Technical State University in July 2017, it confirmed the applicant did not attend Summer School 2008 (it appears this should read Summer School 2007 since his transcript shows he did not attend Summer School 2007, but he did attend Summer School 2008). c. He should not be charged $3,274.40. 11. A copy of the advisory opinion was forwarded to the applicant for comment and/or rebuttal. He did not respond. REFERENCES: Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training) 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. DISCUSSION: 1. The evidence of record shows the applicant incurred a debt in the amount of $65,426.30 for his ROTC educational expenses in 2010. 2. He requests correction of his records by reducing his ROTC debt to $62,151.90 because he was charged $3,274.40 for Summer School 2007, a semester he did not attend. 3. His unofficial transcript, shows: * he did not attend Summer School 2007 * he did attend Summer School 2008 4. His DA Form 5315-E shows he was charged: * $3,274.40 for Summer School 2007, he was in MS Class 2, and the date of payment was 28 July 2008 in line 5 * $3,274.40 for Summer School 2008, he was in MS Class 2, and the date of payment was 28 July 2008 in line 11 5. Although the Registrar's Office at North Carolina Agricultural and Technical State University confirmed the applicant did not attend Summer School 2008, it appears the Registrar's Office meant Summer School 2007 since his transcript shows he did attend Summer School 2008. His transcript shows he did not attend Summer School 2007. In addition, it appears the entry in line 5 of his DA Form 5315-E is erroneous and a duplicate of his Summer School 2008 semester because it shows he was in MS Class 2 (applicant was in MS Class 1 (first year) at the time) and the date of payment is 1 year after the Summer School 2007 semester. 6. Per the advisory official, the applicant should not be charged $3,274.40 for the summer school session he did not attend. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004268 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004268 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2