BOARD DATE: 14 November 2017 DOCKET NUMBER: AR20160006847 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: 14 November 2017 DOCKET NUMBER: AR20160006847 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: 14 November 2017 DOCKET NUMBER: AR20160006847 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 that his debt to the U.S. Government for not completing the requirements of his Reserve Officers' Training Corps (ROTC) scholarship be forgiven. 2. The applicant states that he failed to attain his bachelor's degree and he was disenrolled from the ROTC program at Arizona State University. As a result, he incurred an ROTC scholarship debt. He states that he enlisted in the U.S. Army and served honorably on active duty for more than 3 years. 3. The applicant provides copies of his: * ROTC cadet contract * ROTC disenrollment documents * enlistment documents CONSIDERATION OF EVIDENCE: 1. A review of the applicant's military personnel records failed to reveal a copy of his ROTC Scholarship Cadet Contract. However, this review revealed the following pertinent documents. a. Appendix Q (Active Duty Service Obligation (ADSO) – Graduate School, Branch, or Post for ADSO) that shows the applicant requested the Engineer Corps as his branch of choice and he agreed to a 3-year ADSO in addition to the 3 or 4 year ADSO he incurred under the terms of his ROTC contract. The applicant and a professor of military science signed the contract on 1 October 2010. b. An Arizona State University, unofficial transcript, in pertinent part, that shows the applicant's cumulative grade point average (GPA) and academic status, as follows – * 2.72 GPA through the Spring 2011 term and "borderline probation" * 2.42 GPA through the Fall 2011 term and "probation" 2. A DD Form 1966 (Record of Military Processing – Armed Forces of the United States), prepared by an Army recruiter on 28 January 2013, pertaining to the applicant, shows in: a. Section III (Other Personal Data), item 24 (Previous military service or employment with the U.S. Government), and continued in Section VI (Remarks), he indicated he had previous military service (enrolled in ROTC at Arizona State University). b. Section IV (Certification), item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees), section a (Specific Option/Program Enlisted For), he was enlisting under the U.S. Army Training Enlistment Program for 3 years and 29 weeks and training in military occupational specialty (MOS) 35F (Intelligence Analyst). c. The applicant and the Army recruiter both signed the document. 3. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA), in pay grade E-3, on 28 January 2013, with an ADSO of 3 years and 29 weeks and a Reserve Component service obligation of 4 years and 23 weeks. Two DA Forms 3286 (Statement of Understanding – RA Enlistment Delay for Applicants with Prior Service or an Existing Military Service Obligation (Annex A), dated 6 September 2012, and Statement for Enlistment U.S. Army Enlistment Program (Annex B), dated 28 January 2013), show he enlisted for the U.S. Army Training Enlistment Program (MOS 35F). 4. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 28 January 2013, was honorably released from active duty on 17 August 2016, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his Reserve service obligation. He completed 3 years, 6 months, and 20 days of net active service during this period. It also shows he served in Afghanistan in support of Operation Enduring Freedom from 26 November 2013 to 13 April 2014. 5. A review of the applicant's military personnel records failed to reveal a copy of a DA Form 3508 (Application for Remission or Cancellation of Indebtedness) or evidence that the applicant requested remission of an ROTC scholarship debt. 6. In support of his request the applicant provided the following documents. a. A DA Form 597-3 (Army Senior ROTC (SROTC) Scholarship Cadet Contract), initiated on 28 August 2007, that shows in: (1) Part I (Agreement of Department of the Army (DA)), that DA agreed to pay scholarship benefits to the applicant for a period of 4 academic years (i.e., tuition and educational fees up to an annual amount of $20,000.00, along with an annual flat rate of $900.00 for books and laboratory expenses), commencing 28 August 2007 and ending 15 May 2011. (2) Part II (Agreement of Scholarship Cadet Contracting in the SROTC Program), in pertinent part, shows in: * item 2 (General Cadet Agreement), paragraph b (Enrollment Agreement): I agree to enroll in the necessary courses and successfully complete, within the prescribed time, the requirements for the degree in the academic major stated * item 5 (Terms of Disenrollment), paragraph a (I Agree to Serve on Enlisted Active Duty): Under the terms of this contract, the Secretary of the Army or his or her designee, may order me to active duty as an enlisted Soldier, if I am qualified, for a period of not more than four (4) years, if I fail to complete the ROTC program * item 6 (Enlisted ADSOs): If I am called to active duty for breach of contract under the provisions of item 5, I will be ordered to active duty for one of the periods listed below, based upon the year during which the breach occurs – * during Military Science II – 2 years * during Military Science III – 3 years * during Military Science IV – 4 years (3) The applicant and a professor of military science both signed the form with an effective date of enrollment of 28 August 2008. b. Headquarters, U.S. Army Cadet Command (USACC), Fort Knox, KY, memorandum, dated 18 May 2012, subject: Disenrollment from the U.S. Army ROTC Program (with 2 enclosures) shows Major General JAS, Commander, USACC, notified the applicant of disenrollment from the ROTC program based on the applicant's failure to maintain the academic and education standards of his contract for the 2011 fall term. He was advised, as a scholarship cadet, when the ROTC scholarship contract is breached any obligation to the Army must be satisfied by repaying the cost of advanced education assistance provided by the Army. He was also – * informed the amount of monies spent in support of his education was $93,612.00 * advised he had 14 days from receipt of the memorandum to respond by (1) agreeing to pay the total amount owed in a lump sum or (2) promising to repay the total amount by initiating a repayment plan c. An enclosed U.S. Army Educational Financial Assistance Record, dated 7 March 2012, shows the total Army ROTC scholarship benefit paid to the applicant was $93,612.00. d. A copy of the applicant's acknowledgement and election of option was not provided. e. Department of Military Science, Arizona State University, Tempe, AZ, Orders 152-04, dated 31 May 2012, discharged the applicant from the USAR Control Group (ROTC) on 18 May 2012 based on failure to maintain the academic and education standards of his contract for the 2011 fall term. REFERENCES: 1. Title 10, U.S. Code (USC), section 2005 (Advanced education assistance: active duty agreement; reimbursement requirements), provides 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 with the Secretary concerned under the terms of which such person shall agree: a. to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement; b. that if such person failed to complete the education requirements specified in the agreement, such person would serve on active duty for a period specified in the agreement; c. that if such person does not complete the period of active duty specified in the agreement, or does not fulfill any term or condition prescribed, such person shall be subject to the repayment provisions of Title 37 USC, section 303a(e); and d. to such other terms and conditions as the Secretary concerned may prescribe to protect the interest of the United States. 2. Army Regulation 145-1 (SROTC Program: Organization, Administration, and Training) provides policies and general procedures for administering the Army's ROTC Program. Chapter 3 (Student Administration), paragraph 3-43 (Disenrollment), subparagraph a(6), provides that an ROTC cadet may be disenrolled for failure to maintain a minimum semester or quarter cumulative academic GPA of 2.0 on a 4.0 scale or higher if required by the school and at least a 3.0 on a 4.0 scale or equivalent semester or quarter and cumulative average in all ROTC courses. 3. Army Regulation 37-104-3 (Finance Update) provides policies and provisions for entitlements and collections of pay and allowances of military personnel. Chapter 59 provides for recoupment of educational expenses (e.g., SROTC, United States Military Academy, and advanced civilian schooling) under a previous agreement when obligated active duty service has not been completed. DISCUSSION: 1. The applicant contends, in effect, that his ROTC scholarship debt should be forgiven because he enlisted in the RA on 28 January 2013 and completed more than 3 years of active duty service. 2. Records show the applicant enlisted in the USAR as a cadet in the ROTC scholarship program effective 28 August 2008. a. He was disenrolled from the ROTC program based on failure to maintain the academic and education standards of his ROTC contract. b. He was discharged from the USAR Control Group (ROTC), effective 18 May 2012, with an ROTC scholarship debt in the amount of $93,612.00. c. The evidence of record shows the applicant's ROTC disenrollment and the discharge process was proper and correct. 3. A copy of an acknowledgement and election of option that the applicant was required to complete upon disenrollment from ROTC is not available. a. The applicant did not expeditiously enlist in the RA in pay grade E-1 within 30 days of his disenrollment/discharge from the ROTC program. b. The evidence of record fails to show he was granted an exception to being expeditiously called to active duty upon disenrollment from the ROTC program in lieu of being required to repay scholarship benefits. 4. He voluntarily enlisted in the RA (more than 8 months later) in pay grade E-3 with an enlistment option for training in MOS 35F. His enlistment contract shows he disclosed his previously enrollment in the ROTC program. a. There is no evidence that shows the applicant requested remission of his ROTC scholarship debt. b. He completed more than 3 years and 6 months of honorable active duty enlisted service in the RA. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006847 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160006847 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2