ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  1 November 2019

	DOCKET NUMBER:  AR20160019591


APPLICANT REQUESTS RECONSIDERATION:  to have her Reserve Officers’ 
Training Corps (ROTC) scholarship debt to be cleared

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Two letters addressed to Defense Finance and Accounting Service (DFAS)

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20140008054 on 13 March 2015.

2.  The applicant states, in effect, she was not informed by her ROTC program leader 
that she would owe anything and was deceived into signing documents.

3.  The applicant provides two letters addressed to DFAS, dated 17 February 2014 and 
28 October 2016, which states in effect:

   a.	She was not informed that she had accrued a debt until she ran her credit history 
and found out that it was reported to the Treasury Department.  She then contacted 
DFAS customer support and was given dates and addresses that they (DFAS) mailed 
letters, none of which she nor her parents ever received.  
   
   b.	When she joined the ROTC program, it was made clear to her that her first year 
of education would be free.  If she chose to continue, she would be responsible for the 
debt.  In the Fall of 2011, she spoke to her Military Science (MS) professor regarding 
her possibly dropping out of the ROTC program due to her being pregnant.  He 
informed her that, if she was pregnant, she could not stay in the program and to 
consider her options and her future.  She terminated her pregnancy that same month 
and decided to remain in the ROTC program.  She was constantly reminded that she 
had time to change her mind before accruing any debt.  
   
   c.	In the Summer of 2012, she informed her MS professor that she made up her 
mind and wanted to drop out of the program due to personal and emotional reasons.  
He convinced her to stay through the Fall Term of 2012; however, she was not told that 
she would incur this debt.  Had she known, she would not have signed up to stay on or 
she would have immediately contacted DFAS to submit a petition to remove the debt.  
   
   d.	She was only counseled financially once, which is on record with the ROTC of 
University of Portland.  She was never informed by her MS professor that she would 
incur any debt.  She was under serious emotional duress when she was asked to sign 
the documents right away without having her read it in its entirety.  
   
   e.	Since then, she has attempted three times to contact DFAS regarding her debt.  
In addition, she has been unable to get a hold of any contacts at the ROTC program to 
provide her with any assistance.  At this point, her only solution is to obtain a lawyer and 
be able to protect herself from incurring this false debt that continues to grow.  

4.  The applicant's complete military records are not available to the Board for review.  A 
complete and thorough search for her military records was conducted; however, they 
could not be located.  This case is being considered based on the documents provided 
by the applicant.

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 interest of the United States, 
the debt was incurred while on active duty or in an active status, and the Soldier 
received an honorable discharge (if separated from active duty).  Under Title 10, United 
States Code (USC), section 4837 a debt acknowledged as valid may be remitted or 
cancelled.


BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted.  The Board 
considered the previous case, her new statement and evidence.  Based upon a 
preponderance of the evidence, the Board agreed the debt was just.  The Board 
determined there is insufficient evidence to amend the previous Board’s decision.




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 to amend the decision of the ABCMR set forth in Docket 
Number AR20140008054 on 13 March 2015.


	  
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 145-1, section VI, provides for the disenrollment, discharge, 
separation, transfer, and leave of absence for ROTC cadets.

	a.  Paragraph 3-43a(16) addresses breach of contract, which 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.  A cadet who is involuntarily 
ordered to active duty for breach of his or her contract will be so ordered within 60 days 
after he or she would normally complete baccalaureate degree requirements, provided 
the cadet continues to pursue a baccalaureate degree at the school where they are 
enrolled in the ROTC or the school where the cadet has agreed to pursue such degree, 
if the school where he or she is enrolled does not offer that degree.  If not academically 
enrolled, the cadet will be ordered to active duty 60 days from date of notification of 
active duty.  As an added note, cadets who agree to perform active duty service in lieu 
of repaying for education benefits received under this paragraph are enlisted at the 
needs of the Army in the grade of E-1.

	b.  Paragraph 3-44 provides for discharge and separation from the USAR.  Cadets 
assigned to the USAR Control Group (ROTC) may be discharged or separated for the 
convenience of the Government for any of the reasons listed below.

		(1)  Failure to obtain parental consent, if required, to enroll in the advanced 
course.  Students who enlist in the USAR under this section, but are unable to obtain 
parental consent to their ROTC contract or service obligation, if required, may be 
separated and discharged upon their request.

		(2)  To accept appointment as a commissioned officer.  The effective date of 
discharge will be the day before commissioning.

	(3)  Termination of a 4-year scholarship.  The 4-year scholarship cadets whose 
status is terminated during the first year may be discharged without disenrollment from 
the ROTC.

2.  Army Regulation 37-104-3 (Finance Update) provides policies and provisions for 
entitlements and collections of pay and allowances of military personnel.  Chapter 59 
provides for recoupment of educational expenses (e.g., Senior ROTC, U.S. Military 
Academy, and advanced civilian schooling) under a previous agreement when obligated 
active duty service has not been completed.

3.  Army Regulation 600-4 (Remission or Cancellation of Indebtedness) provides for 
indebtedness to the U.S. Army that may not be remitted or cancelled under Title 10, 
U.S. Code, section 4837.  Paragraph 1-8 provides indebtedness to the U.S. Army will 
not be remitted or cancelled when debt is incurred while not on active duty or in an 
active status.

4.  Title 10, U.S. Code, 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; and

	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, U.S. Code, section 303a(e).

5.  Title 10, U.S. Code, section 4837 (Settlement of Accounts, Remission, or 
Cancellation of Indebtedness of Members), provides that the Secretary of the Army may 
have remitted or cancelled any part of the indebtedness of a person to the United States 
or any instrumentality of the United States incurred while the person was serving as a 
member of the Army, whether as a Regular or a Reserve in active status, but only if the 
Secretary considers such action to be in the best interest of the United States.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160019591

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