ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 
251 18th Street South, Suite 385, Arlington, VA 22202-3531

SUBJECT:  Army Board for Correction of Military Records Record of Proceedings
for, AR20160009112


1.  Reference the attached Army Board for Correction of Military Records Record of 
Proceedings, dated 20 March 2019, in which the Board members recommended denial 
of the applicant’s request. 

2.  I have reviewed the findings, conclusions, and Board member recommendations.  I 
find there is sufficient evidence to grant relief.  Therefore, under the authority of Title 10, 
United States Code, section 1552, I direct that all Department of the Army Records of 
the individual concerned be corrected by showing that his active duty service is 
sufficient to repay his advance educational assistance, to relieve him of his ROTC debt 
and to reimburse him for any monies collected to date.  

3.  Request necessary administrative action be taken to effect the correction of records 
as indicated no later than 26 September 2019.  Further, request that the individual 
concerned and counsel, if any, as well as any Members of Congress who have shown 
interest be advised of the correction and that the Army Board for Correction of Military 
Records be furnished a copy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY:

  

                 BOARD DATE:  20 March 2019

                  DOCKET NUMBER:  AR20160009112

APPLICANT REQUESTS:   

*	deletion of his debt
*	reimbursement of what's been paid

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)
*	Disenrollment Packet from Reserve Officer Training Corps (ROTC) 
*	DA Form 4856 (Developmental Counseling Form)
*	letter to Ms. C		 regarding his enlistment in the Army National Guard 
(ARNG)
*	DA Form 1574 (Report of Proceedings by Investigation Officer/Board of Officers)
*	DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract)
*	Disenrollment of Scholarship cadet from ROTC
*	DA Form 1059 (Service School Academic Evaluation Report)
*	Defense Finance and Accounting Service (DFAS) Account Statement
*	DD Form 214 (Certificate of Release or Discharge From Active Duty)

FACTS:

1.  The applicant states:

*	he has served more than 3 years active duty time for a total of 3 years and 7 
months
*	this is the requirement to pay off an ROTC annulled contract
*	he is being deployed to Korea for 6 months in early June 2016 

2.  The applicant signed an ROTC Scholarship Cadet Contract on 10 May 2011.  He 
initialed each paragraph of the contract.  The terms of disenrollment, as per the contract 
are:  

   a.  The applicant could be ordered to active duty as an enlisted Soldier, if he's 
qualified, for a term of not more than 4 years if he fails to complete the ROTC program;
   
   b.  If the applicant is offered the opportunity to repay his advanced educational 
assistance in lieu of being ordered to active duty, he will be required to reimburse the 
United States Government through repayment of an amount of money, plus interest, 
equal to the entire amount of financial assistance; and
   
   c.  The applicant may not enlist in the Active Army, another military service, or in a 
military service academy while he is a contracted ROTC cadet unless he is properly 
released from his ROTC cadet status.

3.  The applicant enlisted in the ARNG on 5 May 2012.  While he was at basic training, 
Ms. C			, Human resource Technician for Tech University, sent the applicant his 
disenrollment paper.  The applicant sent Ms. C			 a letter inquiring if joining the 
ARNG fulfilled his active duty commitment requirement for his breach of contract.  Ms. C	
		 responded it did not and he would be responsible to repay the monies he earned 
through ROTC.

4.  Army Regulation 145-1 (Senior Reserve Officers’ Training Corps) prescribes policies 
and general procedures for administering the Army Senior ROTC Program.  The 
regulation states an ROTC Cadet can be disenrolled from ROTC based on breach of 
contract.  The applicant breached his contract by disenrolling from Texas Tech 
University and by joining the ARNG prior to his disenrollment date of 4 June 2013.    

5.  The applicant contends his years of active duty service while serving in the ARNG 
should fulfill his ROTC obligation.  The applicant's service records contain the 
DD Forms 214, which reflect a total of 4 years, 11 months, and 7 days of active duty 
service.  

6.  Title 10, U.S. Code (USC), section 2005 (Advanced education assistance:  active 
duty agreement; reimbursement requirements) states 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.  One of the stipulations is 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 and 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.  
   
BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is 
insufficient evidence to grant relief.  The applicant’s contentions and period of Active 
duty service were carefully considered.  Based upon the preponderance of evidence, 
the Board agreed the applicant breached his disenrollment agreement and was 
therefore required to reimburse his tuition.  The applicant joined the ARNG while still a 
ROTC contracted Cadet.  He would have incurred no debt if he joined the Active Army 
at the needs of the Army as stated in his disenrollment agreement.
BOARD VOTE:

Member 1	Member 2	Member 3

:	      :	      :	Full Grant 

:	      :	      :	Partial Grant 

:	      :	      :	Formal Hearing Grant 

:X	:X	:X	Deny

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.


												 
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.

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.

3.  Army Regulation 37-104-4 (Military Pay and Allowances Policy) provides policies 
and provisions for entitlements and collections of pay and allowances of military 
personnel.  Chapter 31 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.

4.  Army Regulation 145-1 prescribes policies and general procedures for administering 
the Army Senior ROTC Program. 

     a.  Paragraph 3-43a specifies that scholarship cadets may only be disenrolled by the 
Commanding General, ROTC Cadet Command.   

	b.  Paragraph 3-43a(4) specifies that (4) Because of withdrawal or dismissal from 
the academic institution. A former cadet may be reenrolled if he or she enters a school 
that offers ROTC, provided that he or she meets the reenrollment criteria.

     c.  Paragraph 3-43a (16) specifies that disenrollment will occur if there's a breach of 
contract .  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.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)		AR20160009112
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