ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 31 January 2020 DOCKET NUMBER: AR20170007857 APPLICANT REQUESTS: waiver of his Federal Reserve Officers' Training Corps (ROTC) debt. APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 1966 (Record of Military Processing Armed Forces of the United States) 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 entered into an ROTC 4 year Green to Gold program via a Hip Pocket Scholarship * his mother was diagnosed with cervical cancer mid-way through his program * he incurred a debt from the balance of the last semester of school * he's paid back about $8,000 * he entered active duty in January 2016 as an enlisted noncommissioned officer * he is requesting his federal debt from the ROTC scholarship be waived due to his current term of service * his expiration term of service was in 2019 and he was looking to reenlist in 2017 * his federal taxes automatically transmit to the debt as of 2015 when the debt was attached to federal oversight 3. The applicant's service records contain the following documents for the Board's consideration: * a memorandum signed by his brigade commander, dated 28 November 2011, directing the applicant in the grade of sergeant (SGT)/E-5 be separated from the Army due to being accepted into a program leading to a commissioned officer appointment * a DA Form 4187 (Personnel Action), dated 27 November 2011, wherein the applicant requested early release from the Army due to being accepted into a program leading to a commissioned officer appointment * a letter from Headquarters, United States Army Cadet Command, dated 27 October 2011 accepting him in the Green to Gold Scholarship program * a letter from Campbell University, dated 18 August 2011, accepting him into the university for the 2012 spring semester * a memorandum from the Profession of Military Science, Campbell University, dated 17 August 2011 accepting him in the Senior Army ROTC program beginning January 2012 * a letter from US Army Installation Management Command, dated 19 June 2019 appointing the applicant as a Reserve Warrant Officer of the Army 4. The applicant's service records are void of his ROTC scholarship or the amount of debt he incurred from being disenrolled from the ROTC program. 5. The applicant provides his DD Form 1966, dated 13 January 2016 which shows: * he enlisted in the Regular Army on 13 January 2016 * he had the pay grade E-5, with a date of grade of 11 June 2010 * he was enrolled and received an ROTC Green to Gold scholarship * he voluntarily left the program due to financial hardship * he served in the Regular Army from 26 April 2007 to 2 January 2012 * He served in the US Army Reserve from 9 January 2012 to 9 April 2013 6. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is warranted. 2. The Board noted the applicant was not disenrolled from ROTC due to his performance in the program, but due to financial hardship presumably related to his mother's illness. The Board also noted the applicant reentered service in the Regular Army on 13 January 2016, was appointed as a warrant officer, and continues to serve. The Board determined that, considering the circumstances under which he was disenrolled, this ongoing period of active duty service should be accepted as satisfying his contractual obligation in lieu of repayment of the debt he incurred. ? 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 active duty service following his disenrollment from the Reserve Officers' Training Corps fulfilled the provisions of his scholarship contract allowing for active duty service in lieu of repaying educational assistance received. The Board further determined he should be reimbursed any monies he has paid toward his scholarship debt. 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. Army Regulation 145-1 prescribes policies and general procedures for administering the Army Senior ROTC Program. a. Paragraph 3-39c states when a 2-year, 3-year or 4 year active duty scholarship is terminated for personal hardship, the cadet will be considered for return to active duty in his or her enlisted status if requested by the cadet. The CG, ROTCCC, and the CG, PERSCOM will assist these cadets in returning to active duty in the grade and military occupational specialty (MOS) they held at the time of separation, if at least 1 year remained on the original active duty enlistment contract and the cadet is otherwise eligible for active duty. A copy of the prior active duty contract, DD Form 4-series and the DD Form 214 (Certificate of Release or Discharge from active Duty) will be required to substantiate the request. b. Paragraph 3-43a(7) specifies ROTC Participants may be disenrolled for personal hardship as specified in AR 635–200, chapter 6. Cadets who fail to meet requirements outlined within the ROTC contract, may be considered for disenrollment, discharge and/or recoupment action. 3. DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) states the Secretary of the Army or his designee may order a cadet to active duty as an enlisted Soldier, if qualified, for a period of not more than four years if the cadet fails to complete the ROTC program. If offered the opportunity to repay his educational assistance in lieu of being ordered to active duty the cadet will be required to reimburse the United States government through repayment of the amount of money plus interest equal to the entire amount of financial assistance pay by the United States. 4. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), sets policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. a. Paragraph 6-3b states hardship exists when in circumstances not involving death or disability of a member of the Soldier’s (or spouse’s) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship. b. Paragraph 6-5a states, in determining eligibility for separation, “members of the immediate family” include only: (1) Spouse. (2) Children. (3) Father. (4) Mother. (5) Brothers. (6) Sisters. (7) Only living blood relative. 4. 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 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. ABCMR Record of Proceedings (cont) AR20170007857 3