IN THE CASE OF: BOARD DATE: 5 December 2017 DOCKET NUMBER: AR20160009351 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: 5 December 2017 DOCKET NUMBER: AR20160009351 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 as a U.S. Army enlisted Soldier via his 25 February 2014 enlistment contract. 2. If the individual concerned fails to complete the period of enlisted service obligated as a result of his amended ROTC scholarship contract either voluntarily or because of misconduct, his ROTC debt should be recouped on a pro-rated basis. 3. In the event that he has been paid an enlistment or reenlistment bonus or becomes due for payment of such bonus, that bonus payment should be recouped from the original debt to offset an equal portion of his ROTC scholarship debt. Upon honorable completion of his 5-year Regular Army enlistment, he should be reimbursed the funds collected by the U.S. Government toward his ROTC debt. ___________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: 5 December 2017 DOCKET NUMBER: AR20160009351 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 a waiver of his Reserve Officers' Training Corps (ROTC) scholarship debt. 2. The applicant states he has currently served honorably on active duty in the United States Army for 2 years and 3 months. 3. The applicant provides: * Enlisted Record Brief, dated 2 May 2016 * Army Commendation Medal Certificate, dated 5 October 2015 * DA Form 638 (Recommendation for Award), dated 30 July 2015 * Afghanistan Campaign Medal Certificate, dated 29 November 2004 * Non-Article 5 NATO Medal Certificates (two) * US Army Advanced Education Financial Assistance Record, dated 10 February 2012 * Defense Finance and Accounting Service (DFAS) Account Statement * Emails to and from an Army Review Boards Agency Official, dated 28 June 2016 * US Army Installation Management Command Orders BG-085-0083, dated 25 March 2016 * Goucher College Undergraduate Record CONSIDERATION OF EVIDENCE: 1. The available records show the applicant, a Senior ROTC Cadet, enlisted in the Maryland Army National Guard (MDARNG) under the Simultaneous Membership Program on 23 November 2009. The applicant’s DA Form 597-3 (Army Senior ROTC Scholarship Contract) is not available for review by the Board. Had his contract been available it would generally show he would have acknowledged and agreed that he understood the financial or service implications if he were disenrolled from the ROTC program for breach of contractual terms or any other disenrollment criteria established now or in the future by Army Regulations (which included, but was not limited to, Army Regulation 145-1 (Senior ROTC Program Organization, Administration, and Training)). a. Paragraph 5 (Terms of Disenrollment) the contract states that if the cadet was disenrolled from the ROTC Program for any reason, the Secretary of the Army could order the cadet to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as the unserved portion of active duty bears to the total period of active duty the cadet agreed to serve or was ordered to serve. b. Paragraph 6 (Enlisted Active Duty Service Obligation) the contract states that if he was called to active duty for a breach of contract under the provisions of paragraph 5, he would be ordered to active duty for 2 years if the breach occurred during Military Science (MS) II, for 3 years if the breach occurred during MS III, or for 4 years if the breach occurred during MS IV. 2. On 23 March 2012, the applicant was an ROTC cadet on leave from the Loyola University of Maryland, when he was notified by Headquarters, U.S. Army Cadet Command (USACC) that he was disenrolled and was being discharged from the Senior ROTC program under the provisions of Army Regulation 145-1. He was told: * his disenrollment was due to breach of the ROTC contract based on his failure to maintain Army Physical Fitness Test (APFT) standards * 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 * the total amount of monies spent in support of his education was $90,475.00 * to make an election on an enclosed addendum and to return it to the Commander, USACC * if he elected to pay the total amount owed in a lump sum he should return the signed addendum and his payment to the Treasurer of the United States * if he elected to initiate a repayment plan, he should return the signed addendum, but his repayment selection would be forwarded to the DFAS to receive a repayment schedule 3. On 31 March 2012, the applicant was separated from the MDARNG due to his disenrollment in the Army Senior ROTC scholarship program. 4. On 25 February 2014, the applicant enlisted in the Regular Army for 5 years and 32 weeks, under the U.S. Army Training Enlistment Program in the pay grade of E-4. His Statement of Understanding does not show that he received an enlistment bonus at the time of his enlistment in the RA. He deployed to Afghanistan Iraq in October 2014. 5. On 17 June 2016, the applicant was notified by Army Review Boards Agency (ARBA) officials that his application with attachments did not contain sufficient evidence to support his request. He was told that in order for the ABCMR to consider his application, he needed to provide a copy of his DA Form 597-3, his disenrollment documents with the addendums from the ROTC program, and a copy of his letter from DFAS regarding his education debt. He provided copies of all of the requested documents to ARBA officials, except for a copy of his DA Form 597-3. REFERENCES: 1. Army Regulation 145-1 prescribes policies and general procedures for administering the Army's Senior ROTC Program. a. Paragraph 3-39 states the Commanding General, ROTCCC, is the approving authority for termination of scholarship and/or disenrollment. A scholarship will be terminated and the cadet disenrolled for any of the reasons listed in paragraph 3-43. b. Paragraph 3-43 states that non-scholarship and scholarship cadets will be disenrolled for a breach of contract. Sub-paragraph 3-43a(16) 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. 2. Title 10, U.S. Code, section 2005(a), 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: (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 education 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 2005(f), states that 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 (1) that if such person fails to complete the education 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. The evidence of record shows the applicant was accepted into an Army ROTC scholarship program. It is presumed he fully understood and accepted the terms of his enrollment as his contract is not available for review. He failed to satisfy the contractual requirements of this program due his disenrollment from the ROTC scholarship program for failure to meet APFT standards. His disenrollment was ultimately approved by the appropriate official. 2. The applicant enlisted in the RA and entered active duty on 25 February 2014. He enlisted for 5 years in the grade of E-4 and he served in Afghanistan. He has served more than 3 years of his 5-year enlistment contract. 3. The applicant's enlistment and service in the RA could serve the same purpose as if he would have been ordered to active duty upon disenrollment from the ROTC program. In other words, the Department of Defense has received and has continued to receive the benefit of his service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009351 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009351 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2