BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20160007191 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 BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20160007191 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: a.  amending his Reserve Officers' Training Corps contract to show he would satisfy the $7,099.00 debt under the original terms of the contract by successfully completing 4 years of active duty service in any Military Service; b.  showing that, as a result of his active duty commissioned service in the U.S. Navy, no debt was established; and c.  reimbursing him for any funds collected toward the previously established debt as a result of this correction. ___________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: 13 October 2016 DOCKET NUMBER: AR20160007191 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, cancellation of his Reserve Officers' Training Corps (ROTC) scholarship debt. 2. The applicant states: a.  He incurred an Army ROTC scholarship debt in 2002 and now that debt is being collected by garnishment of his military pay. He believes the debt is in error because he has completed over 8 years of active duty military service in the U.S. Navy. b.  He originally applied to have his debt forgiven in 2008 and he believed that this had been done since he had not received a bill or any communication from the Defense Finance and Accounting Service (DFAS) since 2008. c.  His August 2014 Leave and Earnings Statement shows the Treasury Department began garnishing his wages to pay his ROTC debt. He did not receive any notification that he was to start having his pay garnished. d.  He believes he has served more than the 2 years required to pay back the debt and the Army does not specify in which Military Service he must serve according to the information he could find. 3. The applicant provides: * Statement of Service, dated 24 March 2016 * DFAS Form 702 (DFAS Military Leave and Earnings Statement) * Armed Forces of the United States Geneva Conventions Identification Card * Army Review Board Agency Case Management Division letter, dated 18 May 2016 CONSIDERATION OF EVIDENCE: 1. U.S. Army Cadet Command records show he was a 4-year scholarship national winner at Brigham Young University and he signed an ROTC scholarship contract on 5 September 1997. His DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) is not available for review and he did not provide a copy. 2. On 27 March 2002, he was disenrolled from ROTC based on his refusal to accept a U.S. Army commission. 3. His DA Form 5315-E (U.S. Army Advanced Education Financial Assistance Record) shows the total amount of Army ROTC scholarship benefits paid was $7,099.00. 4. He provided a copy of his DFAS Form 702 for the period 1 through 31 March 2016 that shows his branch of service as Navy and his total indebtedness as $7,940.00. 5. He also provided a copy of his Armed Forces of the United States Geneva Conventions Identification Card and a U.S. Navy Statement of Service, dated 24 March 2016, which shows: * his active duty service date as 1 June 2007 * he is honorably serving in the U.S. Navy on active duty in the grade of O-4 6. On 18 May 2016, the Army Review Boards Agency Case Management Division requested he provide copies of his DA Form 597-3, disenrollment documents, and a copy of the letter from DFAS regarding his ROTC debt. He did not respond to the request. 7. DFAS states his Army ROTC debt was transferred to his active duty Navy pay. REFERENCES: 1. Army Regulation 145-1 (Senior ROTC Program: Organization, Administration, and Training), in effect at the time, prescribed policies and general procedures for administering the Army's Senior ROTC Program. Paragraph 3-44 stated that only the Commanding General, U.S. Army Cadet Command, was the only authority for discharge of scholarship cadets. Cadets assigned to the U.S. Army Reserve Control Group (ROTC) could be discharged or separated for convenience of the government for failure to accept an appointment as a commissioned officer. The effective date would be the day before commissioning. 2. Title 10, U.S. Code, section 2005(a), states 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 under the terms of which such person shall agree: (1) to complete the educational requirements specified in the agreement and to serve on active duty for a period specified in the agreement and (2) that if such person fails to complete the educational requirements specified in the agreement, such person will serve on active duty for a period specified in the agreement. 3. Title 10, U.S. Code, section 2107(f), states the Secretary concerned shall require, as a condition to the Secretary providing financial assistance under section 2107a (Financial Assistance Program for Specially Selected Members: Army Reserve and Army National Guard; i.e., ROTC) of this title to any person, that such person enter into an agreement described in subsection (a). In addition to the requirements of clauses (1) through (4) of such subsection, any agreement required by this subsection shall provide that if such person fails to complete the educational requirements, the Secretary shall have the option to order such person to reimburse the United States in the manner provided for without the Secretary first ordering such person to active duty as provided for under clause (2) of such subsection. DISCUSSION: 1. Although his ROTC contract is not available for review, his DA Form 5315-E shows he executed the contract on 5 September 1997. It appears that he completed the educational requirements; however, a debt was established in the amount of $7,099.00 as a result of his disenrollment for refusal to accept a U.S. Army commission. 2. His statement of service and DFAS Form 702 both show his active duty commissioned service in the U.S. Navy since 2007. 3. His active duty commissioned service in the U.S. Navy serves the same purpose as would have been served had he been ordered to active duty in the U.S. Army. The Department of Defense has received the benefits of his active duty service for a period of over 8 years. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007191 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007191 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2