ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 April 2019 DOCKET NUMBER: AR20170000303 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) * Reserve Officer Training Corps (ROTC) accession letter * DA Form 4856 (Counseling Statement) * Western Michigan University Academic History * ROTC Cadet Command Form 131-R (Cadet Action Request) * Leave of Absence, 5 May 2004 through 11 December 2004 * Disenrollment of Scholarship cadet from ROTC * excerpt from AR 145-1 (Senior Reserve Officers' Training Corps Program: Organization, Administration, and Training) * self-authored letter regarding ROTC disenrollment * disenrollment from ROTC program * ROTC debt * Addendum to Scholarship Contractual Agreement * letters from Office of the Registrar Western Michigan University * Armed Services Vocational Aptitude Battery test scores * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) US Army Reserve (USAR) * 2005 Army Pay Chart * Leave and Earnings Statement, September 2016 FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: * he was informed in October 2016, he owes the Army $29,616.41 for failure to report to duty in an Army Reserve unit between late 2004 and early 2005 * he was given an authorized leave of absence from ROTC when he was facing disenrollment procedures * the authorized leave of absence expired in December 2004 * he was due to graduate from college in April 2005 * he was formally disenrolled from ROTC in October 2004 * he enlisted in the Army in November 2004 via the delayed entry program with a report date of 7 June 2005 * he kept in contact with the appropriate authorities during his leave of absence and delayed entry * he was never absent from duty nor did he fail to report to duty * since 1 October 2016 a $300 deduction comes out of his monthly pay * he states this deduction needs to be ceases and be reimbursed in full 3. The applicant was a member of the ROTC at Western Michigan University. His records are void of evidence of the start day of his ROTC with the university. He provides a developmental counseling form informing him: a. The ROTC department was initiating his disenrollment from the program under the provisions of Army Regulation 145-1 for failing to maintain a 3.0 (B) average each semester and cumulatively in his ROTC classes and for inaptitude for military service. b. He should be prepared to pay back his scholarship benefits to the United States Government or to serve a commitment commensurate with that total expense as directed by the Commanding General, Cadet Command whichever is determined. 4. The applicant requested that he be put on a leave of absence effective 5 May 2004. The ROTC Battalion Commander approved his request on 11 May 2004. The applicant was placed on a leave of absence for the period of 5 May 2004 through 11 December 2004. 5. Initiation of disenrollment from the ROTC program was completed on 11 May 2004. In the initiation memorandum, the applicant was notified: a. The Army would determine whether to order him to active duty, direct repayment of any scholarship funds, or release him to his reserve unit if he was in a simultaneous membership program. b. He may be required to repay the amount of scholarship benefits in the amount of $16,648.67 received or he may be called to active duty in his reserve enlisted grade of Private E1. 6. The applicant signed acknowledgement of the initiation and waived his right to a hearing and declined expeditious call to active duty. The applicant provided a self-authored letter regarding the initiation of disenrollment which states, in part: * he's submitted the letter of defense in which he disagrees with the disenrollment * his disagreement is based on several factors, which include equality of evaluation of cadets, equality of training between the different ROTC programs, and service obligations * he understood the evaluation of cadets was to get a full spectrum evaluation across areas such as technical and communication * equally balanced evaluations were not always capable of being achieved such as being evaluated seven times in team building and only twice in tactics * this could be damaging to a cadet's file when their weakness is in tactics * he believed a cadet who has a weakness should be evaluated multiple times in that area in order to help them improve * when a cadet is leading a squad they should not be penalized for the errors of their squad but evaluated on how they did * he had been evaluated multiple times and showed good signs of strength; however the two areas he showed weakness in are the two areas he was evaluated on the least * when he was a squad leader the team leaders wouldn't give him the requested information and his evaluation resulted in an "N" for tactical * the evaluating officer told him if his team leaders had listened to him he would not have gotten an "N" for tactical, his performance was satisfactory * many of his classmates in ROTC were part of Western Ranger Organization or belonged to an Army unit, though these were not requirements he felt that those individuals were being used as the standard for the class * his cadre teacher told him he was one of the most reliable cadets * he found himself teaching upper classmen, in a combined field training exercise, basic soldiering skills * he knew what the possible outcomes of disenrollment were and was aware of what he may be required to do * he goal was to become an Army officer to make the Army a career * he was willing to do whatever it took to make that goal a reality * he was not concerned with the support of the scholarship but wanted to complete the ROTC program 7. The applicant was disenrolled from the ROTC program on 2 September 2004. He was notified when any ROTC scholarship contract is breached any obligation to the Army must be satisfied through order to active duty in an enlisted status or by repaying the cost of advanced education assistance provided by the Army. His total reimbursement to the Army was $16,648.67. The applicant did not sign the addendum to the disenrollment indicating whether he wanted to be ordered to active duty, pay the money back, or make payments for what he owed. 8. The applicant enlisted in the USAR on 3 November 2004 with the understanding he would enter active duty on 7 June 2005. There is no evidence in the applicant's file that he attended unit training during his enlistment with the USAR. 9. The applicant enlisted in the regular Army on 13 January 2009 for a period of 6 years. His enlistment indicates he had 3 years, 7 months, and 6 days of active military service and 7 months and 4 days of inactive military service at the time of his enlistment. He became a warrant officer on 11 February 2015. The Board should determine if his enlistment served the same purpose as would have been served had he been ordered to active duty in the Army. 10. An email from the Defense Finance Accounting and Service indicates the applicant has ROTC debts totaling $16,6487.67 and one for nonperformance in the amount of $1,340.90, which were established on 12 April 2005 and 13 September 2005. The original debt amount totaled $17,989.57. He accrued $11,626.84 in penalties and interest due to nonpayment. He has paid $8,400 as of 16 January 2019 leaving the remaining debt at $21,216.41. 11. 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. 12. 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. 13. Army Regulation 145-1 (Senior Reserve Officers’ Training Corps) prescribes policies and general procedures for administering the Army Senior ROTC Program. BOARD DISCUSSION: After review of the application and all evidence, the board determined to grant partial relief. The applicant’s contentions were carefully considered. The applicant failed to enter Active duty as an E1 for a needs of the Army assignment; he joined on his on terms, which caused the debt. Based upon the Active duty service he performed subsequently performed, the Board agreed to relinquish his debt effective the date of the Board’s decision without any entitlement to reimbursement of debt already paid. BOARD VOTE: Member 1 Member 2 Member 3 : : : Full Grant :X :X :X Partial Grant : : : Formal Hearing Grant : : : Deny BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by cancelling his ROTC debt effective 1 April 2019, without entitlement to reimbursement of debt paid prior to the effective date. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to considering his Active duty service sufficient to cancel all of his ROTC debt, with reimbursement of all monies collected. 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, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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 3-38 specifies that a cadet who requests a leave of absence or who otherwise extends their period of enrollment beyond the 8-year period of enlistment, must voluntarily extend the enlistment by an amount of time equal to the period of the extended enrollment or leave of absence. The Professor of Military Science will ensure the cadet still meets enrollment criteria and eligibility requirements. a. Paragraph 3-43a specifies that scholarship cadets may only be disenrolled by the Commanding General, ROTC Cadet Command. b. Paragraph 3-43a(6) specifies that failure to maintain a minimum semester or quarter cumulative academic grade point average of 2.0 on a 4.0 scale or higher if required by the school and at least a 3.0 on a 4.0 scale or equivalent semester or quarter and cumulative average in all ROTC courses. c. Paragraph 3-43a (13) specifies that inaptitude for military service as demonstrated by lack of general adaptability, skill, hardiness, ability to learn, or leadership abilities. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170000303 5