ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 January 2019 DOCKET NUMBER: AR20160018487 APPLICANT REQUESTS: relief from recoupment of her education debt incurred while attending the United States Military Academy (USMA). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Superintendent, USMA, dated 10 July 2015 * Defense and Finance Accounting Service (DFAS) Debt Notice, dated 16 April 2016 * DA Form 3286 (Statement of Understanding – Regular Army Enlistment Delay for Applicant’s with Prior Service or an Existing Military Service Obligation) with allied documents, dated 17 August 2016 * Orders 6243016, dated 23 August 2016 * Orders 6243017, dated 30 August 2016 * DD Forms 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 30 August 2016 FACTS: 1. The applicant enlisted in the Army Reserve in an active duty status on 16 July 2010 for the purpose of attending the USMA Preparatory School. She enlisted in the Army Reserve for a period of 8 years. (This established her military statutory service obligation end date as 15 July 2018.) 2. Orders 173-156, dated 22 June 2011, relieved her from the USMA Preparatory School and reassigned her to the U.S. Army Reserve (USAR) Control Group (Reinforcement) effective 26 June 2011. For her period of active duty service, she was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty). The authority for her release from active duty shown on her DD Form 214 was Army Regulation 612-205 (Appointment and Separation of Service Academy Attendees), section II, paragraph 5d (2). She was released to enter a Service Academy. 3. On 27 June 2011 she entered the USMA, was appointed a cadet and executed an Oath of Allegiance to complete a course of instruction at the USMA. She agreed to abide by the policies and terms outlined in Department of Defense Directive (DoDD) 1332.32 (Service Academy Disenrollment), dated 19 February 1988. Within her oath it states: A cadet who has commenced his or her Second Class academic year and who resigns or is separated prior to completing the course of instruction, except for physical disqualification, unfitness, or unsuitability, will normally be transferred to a Reserve Component in an enlisted status and, if deemed to have breached his or her service agreement, may be ordered to active duty for not less than 2 years but no more than 4 years. The Secretary of the Army or his/her designee will retain final authority to order the individuals to active duty. Completion or partial completion of service obligation acquired by prior enlistment in no way exempts a separated cadet from being transferred to a Reserve Component and ordered to active duty under these provisions. 4. On 10 July 2015, the Deputy Assistant Secretary of the Army (Military Personnel and Quality of Life) issued a memorandum concerning the applicant’s academic separation from the USMA, Class of 2015. Pursuant to the authority delegated to him by the Assistant Secretary of the Army (Manpower and Reserve Affairs), he approved the Superintendent’s recommendation to separate the applicant from the USMA under the provisions of Army Regulation 210-28 (Installations – USMA), paragraph 6-32a, for willful academic program deficiency. Further, in accordance with Title 10, U.S. Code, section 516 and DoDD 1332.32, paragraph 6.1.2, the applicant was governed by her initial enlistment dated 16 July 2010. Therefore, she would be transferred to the Reserve Component to complete her military service obligation by 18 July 2018. He further ordered her to active duty in the grade of E-3 to complete 2 years of active federal service under the provisions of Army Regulation 612-205, table 3, rule 6. He concluded by stating if the applicant failed to complete her 2 years of active federal service, she would repay a proportionate amount of the advanced education assistance expended on her behalf. 5. Accordingly, she was discharged from the USMA on 10 July 2015 and issued a DD Form 214. 6. Orders 196-007 issued by the USMA ordered her to the active duty enlisted service in the rank of private first class/pay grade E-3 effective 11 July 2015. She was assigned to the U.S. Army Reserve Control Group (Individual Ready Reserve). She was ordered to report to her local Recruiting Station no later than 15 August 2015 for assignment and training in a military occupational specialty. 7. On 13 April 2016, the applicant received notification from DFAS that she had a debt in the amount of $183,329.00 and an installment amount of $5,171.36 was due by 13 May 2016. The reason for the debt was service academy expenses. 8. On 17 August 2016, the applicant and a Government official completed DA Form 3286. This form shows she was enlisting in the Regular Army for a 2-year period in the grade of E-3 and she was scheduled to attend training for unit supply specialist. Her course date was scheduled to start on 12 September 2016 with a report date of 30 August 2016. 9. Accordingly, on 30 August 2016, she and a Government official completed DD Form 4 showing she enlisted in the Regular Army for a 2-year period in the grade of E-3. Orders 6243016, dated 23 August 2016, shows she enlisted on 30 August 2016 with an active duty commitment of 3 years and 11 weeks which was subsequently amended to 2 years. 10. On 9 August 2018, the applicant reenlisted in the Regular Army in pay grade E5 for a period of 3 years. 11. In the processing of this application an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G1, Headquarters, Department of the Army. The advisory official recommended the applicant’s request for relief of her debt be approved as she had completed 2 years of active federal service as required. 12. A copy of the advisory opinion was sent to the applicant for her review and rebuttal. She did not respond. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable regulations, policies, and guidance. The applicant enlisted in the U.S. Army on 16 July 2010 for the purpose of attending the USMA. On 10 July 2015, she was honorably separated from USMA for willful academic program deficiency. She subsequently enlisted as a PFC/E-3 in the U.S. Army with a two-year active duty obligation. She honorably served this period of service and, on 9 August 2018, reenlisted for an additional three-year active duty service obligation. The applicant is only required to repay her incurred USMA debt in the event she fails to complete her two-year active duty obligation. She completed this requirement, thereby fulfilling her obligation and therefore should not be required to repay the expenses incurred while attending the USMA. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 cancelling her Service Academy debt and applicable interest payments that might be due based on her active federal service 2-year service obligation ending on 30 August 2018. ___________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. REFERENCES: 1. Army Regulation 612-205 (Appointment and Separation of Service Academy Attendees) contains procedures for the separation of cadets from the USMA. Table 3, rule 6 (the rule the applicant was separated under) states that after commencement of the third academic (junior year), but before the commencement of the fourth academic year (senior year) the cadet is separate or resigned will be transferred to the Reserve in pay grade E-3 (or appropriate grade) for 2 years and may be ordered to active duty for not less than 2 years. 2. Army Regulation 210-26, effective 6 September 2011, provides policy and procedures for the general governance and operation of the USMA. Paragraph 6-32a (Academic, Military, Physical Program deficiency) states that cadets who are deficient in the academic program, in military science or physical education courses, or in military development may be separated from the Academy or subject to other remedial action. 3. Title 10, U.S. Code, section 516 (Effect upon enlisted status of acceptance of appointment as a cadet or midshipman). If a person covered by subsection (a) is separated from service as a cadet or midshipman, or from service as a midshipman in the Navy Reserve, for any reason other than his appointment as a commissioned officer of a regular or reserve component of an armed force or because of a physical disability, he resumes his enlisted status and shall complete the period of service for which he was enlisted or for which he has an obligation, unless he is sooner discharged. ?In computing the unexpired part of an enlistment or period of obligated service for the purposes of this subsection, all service as a cadet or midshipman is counted as service under that enlistment or period of obligated service. ABCMR Record of Proceedings (cont) AR20160018487 4 1