ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 3 September 2019 
DOCKET NUMBER: AR20160016412

APPLICANT REQUESTS: disenrollment from Northeastern University Army Reserve 
Officers’ Training Corps (ROTC) be overturned or the debt be remitted/cancelled.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Brief in Support of Application for Correction of Army Records (counsel 
statement)
*	Documentation for Medical Determination
*	Letter to Medical Determination Review
*	DD Form 2351 (DOD Medical Examination Review Board (DODMERB) Report of 
Medical Examination)
*	DA Form 597-3 ( Army Senior Reserve Officer Training Corp (ROTC) 
Scholarship Cadet Contract
*	DD Form 785 (Records of Disenrollment from Officer Candidate- Type Training)
*	Memorandum Subject: Directive to Provide Medical Documentation
*	Memorandum Subject: Commanders Inquiry and Findings for [applicant]
*	Memorandum Subject: Endorsement for Request for Medical Determination
*	Memorandum Subject Cadet Request for Medical Determination- [applicant]
*	Memorandum Subject: Notification of Disenrollment from the Reserve’s Officer 
Training Corp Process an Appellate
*	Memorandum Subject: Recorded Facts from Disenrollment Board Hearing
*	Memorandum Subject: Rebuttal of Findings and Recommendations of 
Investigation/ Board Proceedings
*	Memorandum Subject: Notification of Personal Service- [applicant]
*	Memorandum Subject: Rebuttal of Findings and Recommendations of 
Investigation/ Board Proceedings 14 July 2016
*	Memorandum Subject: Disenrollment from the US Army Reserve Officer’s 
Training Corps (ROTC) Program
*	Medical Records
*	Northeastern University Transcripts
*	DA Form 705 (Army Physical Fitness Test Scorecard) x 2



*	ROTC Award Certificate
*	DA Form 1574-2 (Report of Proceedings by Board of Officers)
*	DA Form 2823 (Sworn Statement) x 7
*	Cadet Command Form 131- R (Cadet Action Request) x 2
*	Speech Given by [Applicant] During Board Hearing
*	[Applicant’s] Response to Commander Inquiry
   *	Character Reference Letters x 5 
FACTS:
1.	The applicant states he never made a suicidal attempt or ideation. He answered all 
the questions on his DOD Medical Examination Review Board (DODMERB) accurately 
and honestly.  He never withheld disqualifying information.

2.	The applicant states through counsel the following:

*	request the Board grant request for a correction of applicant’s records by 
overturning his disenrollment from Northeastern University Army ROTC program 
or in the alternative by waiving the recoupment of the educational assistance he 
received as a cadet
*	26 August 2016 U.S. Army Cadet Command Commander officially disenrolled 
the applicant from the Army ROTC program for a breach of contract based on 
applicant’s failure to disclose a disqualifying medical condition which precludes 
his appointment as a commissioned officer, current mood disorder and history of 
suicidal behavior
*	26 September 2015 a cadet who had been drinking erroneously believed the 
applicant attempted to jump out of his apartment window and an investigation 
was initiated regarding the matter
*	26 January 2016 the finding of the investigation was reported showing six 
interviews were conducted including cadets whose reports were based on 
hearsay
*	15 June 2016 report concluded the alleged factual circumstance did not exist
*	counsel states no credible evidence exists to medical disqualify applicant from 
the ROTC program and none of the medical evidence supports the conclusion 
that the applicant attempted suicide or was suicidal
*	applicant should not be liable for recoupment of the educational assistance he 
received while in the ROTC program

3.	A review of the applicant’s records show the following:

*	26 March 2013 - the applicant completed DOD Medical Examination Review 
Board Report of Medical Examination (DODMERB), showing his psychiatric 
evaluation was normal



*	4 September 2013 – the applicant completed an DA Form 597-3 enrolling in 
Army Reserve Officer Training Corp (ROTC) at Northeastern University in 
Boston, MA
*	he received scholarship benefits pay for a period of 4 academic years, full tuition 
and educational fees and books and laboratory expense at a flat rate of $1200.00
*	he also received a monthly subsistence pay at $300.00 as a first year ROTC 
candidate and 350.00 as a second year ROTC candidate
*	while in ROTC at Northeastern University the applicant received a 3.364 Grade 
Point Average (GPA), he received ROTC Honor Award and obtain a 300 Army 
Physical Fitness Training Score on 16 September 2015
*	28 September 2015 – the applicant was admitted to Beth Israel Deaconess 
Medical Center for Depression and Suicidal Ideation, the final diagnosis was 
depression
*	22 January 2016 – a commander inquiry on the applicant was completed to 
determine if the applicant displayed behavior unbecoming of an officer, cover up 
suicide attempted and failed to disclose this information on his DODMERB, use 
threating behavior against himself and other cadets in order to control or 
manipulate behavior
*	applicant denies an suicide attempt but states he “lightly scratched his wrist while 
in high school
*	5 February 2016 – applicant’s parents provided response to medical 
determination dated 22 January 2016, showing they believed several statement 
made in the medical determination report were inaccurate
*	24 March 2016 – applicant's request for medical determination was reviewed 
medically and administratively, the applicant was deemed medically disqualified 
for continuation in the ROTC program due to current mood disorder and history 
of suicidal behavior, which preclude appointment as a commissioned officer, 
information was provided indicating the applicant failed to disclose potentially 
disqualifying conditions by not answering the DD Form 2492 (Department of 
Defense Medical Evaluation Review Board Report of Medical History) or DD form 
2807-1 (report of Medical History) accurately
*	5 May 2016 - the applicant was notified of disenrollment in the ROTC program, 
he could request a hearing, he may be called to enlist in active duty as an 
enlisted Soldier or be required to repay any bonus, incentives and/ or scholarship 
benefits in the amount of $65,770.00 in lieu of call to active duty in fulfillment of 
his contractual obligation
*	15 June 2016 – applicant received a memorandum subject: Recorded Facts from 
Disenrollment Board Hearing showing applicant was present at Disenrollment 
Board Hearing with his parents, he denied disclosing inaccurate information on 
his DODMERRB, an cuts made to his arm while in the ROTC program were 
experimentation with self-expression not suicidal ideation
*	14 July 2016 – the applicant provided a rebuttal showing the applicant did not fail 
to disclose medically disqualifying conditions, he did not breach the terms of the



ROTC contact in any part due to a medical condition which did not preclude him 
an appointment as a commissioned officer, scholarship monies from the U.S. 
Government in the amount of $65,770.00 does not constitute a valid debt to the 
US Government
*	26 August 2016 – applicant received disenrollment notification from Army Cadet 
Command showing he was disenrolled and discharged from ROTC due to 
breach of the ROTC contract based on failure to disclose a disqualifying medical 
condition which precludes his appointment as a commissioned officer, current 
mood disorder and history of suicidal behavior
*	applicant was required to elect option to either pay total amount owed in lump 
sum ($65,770.00) payable to the “Treasurer of the United States” or initiate a 
repayment plan that will be forwarded to the Defense Finance and Accounting 
Service- Indianapolis Center which will provide a repayment schedule
*	applicant was required to submit elected option 14 days from receipt of the letter, 
failure to respond may result in initiation of involuntary collection action
4.	The applicant provided his medical documents from the period of December 1995 to 
October 2015 showing:

*	5 October 2015 to 5 November 2015 – the applicant participated in and 
graduated from the Evening IOP Partial Hospitalization Program at Arbour- HRI 
Hospital for Depression, he was prescribed 20 mg Citalopram (Celexa) to take 
daily and intensive outpatient therapy
*	The remainder of the applicant’s medical records show there were no preexisting 
medical issues and he was generally healthy

5.	AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the 
authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a 
Soldier’s debt to the U.S. Army if such action is in the best interests of the United 
States. Indebtedness to the U.S. Army that may not be canceled under Title 10 USC, 
section 4837 when the debt is incurred while not on active duty or in an active status.

6.	AR 15-185 (ABCMR) states, the ABCMR begins its consideration of each case with 
the presumption of administrative regularity. The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
not warranted. The applicant’s contentions were carefully considered. Based upon the 
documentary evidence provided by the applicant and found within the military service 
record, the Board found by a preponderance of the evidence a lack of any evidence of 
an error, injustice, or inequity which would warrant making a change to the applicant’s 
military record.  The Board agreed the applicant’s disenrollment was proper, and the 
debt is valid based upon the disenrollment.

BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:
:
:
GRANT FULL RELIEF
:
:
:
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
X
X
X
DENY APPLICATION

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.

10/21/2019

X	
CHAIRPERSON
Signed by:  
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.	AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the 
authority of Title 10 USC, section 4837, the Secretary of the Army may remit or 
cancel a Soldier’s debt to the U.S. Army if such action is in the best interests of the
United States. Indebtedness to the U.S. Army that may not be canceled under Title 10 
USC, section 4837 when the debt is incurred while not on active duty or in an active 
status.

2.	AR 15-185 (ABCMR) states, the ABCMR begins its consideration of each case with 
the presumption of administrative regularity. The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.

//NOTHING FOLLOWS//