ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	
	BOARD DATE:  9 August 2019

	DOCKET NUMBER:  AR20170005198


APPLICANT REQUESTS: 

*	cancellation of his Reserve Officer Training Corps (ROTC) debt
*	refund of all payments made toward the ROTC debt

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Cadet Enrollment Record
*	ROTC Scholarship Contract
*	Developmental Counseling
*	Student Health Service Record
*	Memorandum initiating disenrollment from ROTC 
*	Acknowledgment of receipt of disenrollment packet
*	Record of Disenrollment
*	Elections regarding disenrollment from ROTC
*	Enlistment Contract 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records 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’s original application sought relief as described above and also relief 
with respect to an unpaid enlistment bonus.  Due to the presence of documents in the 
file indicating that the applicant was continuing to work both these issues with the 
assistance of his Congressman while the instant ABCMR case was processing, on      
16 July 2019 the ABCMR analyst contacted the applicant via email to ascertain the 
current status of his issues.  In an email response of the same date, the applicant 
indicated that the issue regarding payment of his enlistment bonus had been favorably 
resolved.  Accordingly, the outstanding issue for the Board’s consideration relates only 
to the ROTC debt cancellation and refund of payments portion of applicant’s original 
request.  The presentation of the applicant’s position and supporting evidence is 
therefore limited to that which is germane to the ROTC debt.     

3.  The applicant states:  

     a.  His ROTC debt for attendance at Marquette University should be forgiven and his 
student loan be changed to a paid status.  In the fall of his senior year, he was placed in 
administrative suspension due to a failed Army Physical Fitness Test (APFT).  He 
worked diligently to improve his fitness level and passed his January APFT with a score 
of 241.  He also passed his APFT in March 2010.  On 10 May 2010, he was diagnosed 
with herpes zoster (commonly known as “shingles”.  He experienced blisters, 
headaches, light sensitivity, extreme fatigue, and chills.  On 25 May 2010, he was not 
able to pass his APFT, because his illness severely impacted his ability to run.  

     b.  He was then found in violation of his ROTC contract.  When faced with 
disenrollment from ROTC, he elected to serve on active duty for a period of four years 
in lieu of paying back his student loans as permitted by the terms of his ROTC contract 
and related addenda rather than requesting a hearing because he was not sure his 
case would be fairly considered.  He should have received orders to report for active 
duty within sixty days of his graduation.  Instead, in the fall of 2010, he began receiving 
bills from the Defense Finance and Accounting Service (DFAS).  He went to an Army 
recruiter to discuss how to fulfill his ROTC commitment through enlisted service and 
was assured he could do so.  Ultimately, because he had not yet received orders 
despite having contacted Cadet Command Headquarters, he enlisted in the Army nine 
months after his disenrollment.  Had his timely election to serve on active duty in lieu of 
repaying his student loans been properly handled, he would have received his orders 
and not have been required to pay back his student loans while serving on active duty in 
the Army.  This administrative error has caused considerable financial hardship.  In 
addition to cancellation of the ROTC debt in its entirety, he requests a refund of all of 
the student loan payments he has made. 

4.  The applicant provides:

     a.  A DD Form 139 R-E (Cadet Enrollment Record), dated 9 November 2006, which 
certified his eligibility to contract for ROTC as a scholarship recipient.  

     b.  A DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated 20 
November 2006, which includes the following pertinent provision:

          “Under the terms of this contract, the Secretary of the Army or his or her 
designee, may order me to active duty as an enlisted Soldier, if I am qualified, for a 
period of not more than four years if I fail to complete the ROTC program.”

     c.  A DA Form 4856 (Developmental Counseling Form), dated 21 January 2010, 
noting his “terrific improvement” on his APFT.

     d.  A Marquette University Student Health Service “Provider note/Nursing note”, 
dated 10 May 2010, diagnosing the applicant with herpes zoster/shingles.             

     e.  A memorandum, dated 2 June 2010 informing the applicant that his Professor of 
Military Science was initiating his disenrollment from the ROTC program, based on his 
failure to maintain APFT standards.  The memorandum contains the following pertinent 
provision:

          “[I]f eligible, you may choose expeditious call to enlisted active duty in order to 
satisfy the breach of contract.  If you elect this option you will normally be ordered to 
active duty within 30 days of your disenrollment.”  

     f.  On 3 June 2010, the applicant acknowledged receipt of his disenrollment packet 
and that he had ten working days (17 June 2010) to return the packet with his choices 
indicated.

     g.  On 17 June 2010, he executed an “Acknowledgment of Cadet” in which he 
waived his right to a hearing and elected to accept expeditious call to active duty in 
fulfillment of his obligation.  

     h.  On 17 June 2010, he also executed “Addendum to Part II Agreement of Cadet 
Contract (Active Duty Option).”  The pertinent parts of this document include:

*	applicant’s request to be ordered to active duty in an enlisted status in 
fulfillment of his contractual obligation
*	the Commander, Cadet Command, will issue active duty orders for four years 
with applicant’s reporting date being within 60 days of his current graduation 
date of 22 May 2010
*	if applicant fails to fulfill his active duty service obligation, he will be subject to 
the terms of repayment as specified in his scholarship contract

     i.  He was disenrolled from the ROTC program on 10 September 2010.

     j.  He enlisted in the Regular Army for a period of six years on 21 March 2011.

5.  A review of the applicant’s service record shows:

     a.  He was assigned to his first duty station, Fort Drum, New York, on 23 September 
2012 and deployed to Afghanistan from 30 October 2013 to 27 July 2014.  He was 
assigned to Fort Sam Houston, Texas on 12 January 2015.  

     b.  On 23 November 2016, a Physical Evaluation Board (PEB) determined he was  
unfit for duty and recommended he be placed on the permanent disability retired list.  

     c.  On 13 March 2017, he was honorably retired by reason of permanent disability.  
He completed 5 years, 11 months and 23 days of net active service.   

6.  By regulation, a scholarship cadet may be disenrolled from the ROTC program for 
failure to meet the same requirements of the Army Weight Control Program and APFT 
as required of active duty Soldiers.  

7.  By law, a cadet agrees to complete the educational requirements specified in the 
agreement and to serve on active duty for a period specified in the agreement and, if 
the cadet fails to complete the education requirements specified in the agreement, such 
person will serve on active duty for a period specified in the agreement.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The applicant’s contentions were carefully considered.  The Board 
considered the complete evidentiary record and did not find any evidence of error, 
injustice, or inequity; the Board determined the disenrollment was just.  However, the 
Board also determined he did serve on active duty after disenrollment in which active 
duty service of four years is a consistent requirement to receive debt relief for ROTC 
tuition.  His service in the Regular Army could be considered as serving the same 
purpose as it would have served had he been ordered to active duty in the Army.  Other 
than the manner in which he enlisted (i.e., voluntarily instead of involuntarily), his 
service appears to meet the basic intent of law and the ROTC contract he signed.  
Members who are enlisted after disenrollment are ordered to join at the needs of the 
Army, at the rank of private/E-1, and without an enlistment bonus option.  The Board 
recommends relief is granted, and that he is reimbursed any monies already recouped; 
however, the monies refunded should be less any bonuses he might have received 
when enlisting.

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 showing his service in the 
Regular Army is considered as serving the same purpose as it would have served had 
he been ordered to active duty in the Army after ROTC disenrollment.  DFAS should 
ensure that debt is cancelled, all monies already recouped is refunded minus any initial 
enlisted bonuses received if applicable.
	  
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, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 145-1 (Senior ROTC:  Organization, Administration, and Training) 
provides policies and general procedures for administering the Army's ROTC Program.  
Chapter 3 (Student Administration), paragraph 3-43, provides that scholarship cadets 
may be disenrolled by the Commanding General, U.S. Army ROTC Cadet Command, 
for failure to meet the same requirements of the Army Weight Control Program and the 
Army Physical Fitness Test as required of active duty Soldiers. 
 
3.  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; (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) that if 
such person, voluntarily or because of misconduct, fails to complete the period of active 
duty specified in the agreement, or fails to fulfill any term or condition prescribed 
pursuant to clause (4), such person shall reimburse the United States in an amount that 
bears the same ratio to the total cost of advanced education provided such person as 
the unserved portion of active duty bears to the total period of active duty such person 
agreed to serve; and (4) to such other terms and conditions as the Secretary concerned 
may prescribe to protect the interest of the United States.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170005198

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