BOARD DATE: 24 July 2020 DOCKET NUMBER: AR20170008222 APPLICANT REQUESTS: cancellation/remission of her Reserve Officers' Training Corps (ROTC) Scholarship debt due to her subsequent service on active duty. (APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 29 July 2011 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 (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 she served on active duty for the last four years as an enlisted Soldier and would like her time to be used to fulfill her ROTC Scholarship Contract debt. 3. A review of the applicant’s official record shows: a. On 19 July 2007, she enlisted in the United States Army Reserve (USAR) Delayed Entry Program in the rank of Private (PV2)/E-2. She understood that she would be obligated to return and go on active duty 30 July 2007 for a period of 4 years and 00 weeks. b. Orders 140-0252, published by Headquarters, US Army Garrison, Fort Bragg, dated 20 May 2011 reassigned the applicant to the US Army Control Group (Reinforcement), Fort Knox, Kentucky. Her effective date of release from active duty was 29 July 2011 with her terminal date of Reserve obligation on 18 July 2015. c. DD Form 214 dated 29 July 2011 reflective of her service on active duty from 30 July 2007 through 29 July 2011. Item 23 (Type of Separation) states “Release from Active Duty” and Item 28 (Narrative Reason for Separation) states “Completion of Required Active Service.” d. Orders D-07-616313, published by the U.S. Army Human Resources Command, Fort Knox, dated 19 July 2016 discharged the applicant in accordance with AR 135-178. Her effective date of discharge from the Reserve Component was 19 July 2016. 4. The applicant did not provide her DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract) or her ROTC disenrollment packet. In the processing of this case an example DA Form 597-3 is referenced to provide context. 5. Upon accession into the ROTC program each scholarship cadet completes a DA From 597-3, in which the applicant would have completed upon her enrollment into ROTC, and the applicant is presumed to have understood the following as it pertains to dis-enrollment in section 5 (Terms of Disenrollment): a. Item b, she would have agreed to reimburse the U.S. Government if she was offered the opportunity to repay her advanced educational assistance in lieu of being ordered to active duty. She would be required to reimburse the U.S. Government through repayment of an amount of money, plus interest, equal to the entire amount of financial assistance. b Item e, she would have agreed that any obligation to reimburse would not be altered by subsequent enlisted duty. If she was dis-enrolled from ROTC, she understood the Secretary of the Army, or his or her designee, retained the prerogative to either order her to active duty or order monetary repayment of her scholarship benefits. Therefore, if she was required to repay her advanced educational assistance under the terms of this contract, her subsequent enlistment in an Armed Service would not relieve her from her repayment obligation. 6. On 21 July 2020, the analyst of record received an email from a USACC official which stated he had limited information due to the passage of time, but can confirm the applicant was a cadet. The applicant contracted on 10 September 2002 as a three year scholarship cadet and was set to commission in 2005. The reason for her disenrollment is unknown. Since she was an MSIII at the time of her disenrollment, she would have incurred a three year active duty obligation to repay her debt in accordance with the ROTC contract. Information contained within their systems does not show whether she did or did not agree with the disenrollment reason by waiving her right to a board hearing. The debt to recoup the money was established with the Defense Finance and Accounting Service in the amount of $25,467.00 on 31 August 2004. 7. The applicant provided a copy of her DD Form 214 (see 3c above). 8. See all applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the requested relief is not warranted. 2. The Board found insufficient evidence of mitigating circumstances that would support a recommendation for relief. The record does not show the reason for her disenrollment, and the Board noted that she did not enlist until nearly 3 years after her debt was established in 2004. The Board also noted that by signing her ROTC contract, she agreed that any obligation to reimburse would not be altered by subsequent enlisted duty. Based on a preponderance of the evidence, the Board determined there was no error or injustice in requiring the applicant to reimburse the government for ROTC scholarship funds expended on her behalf. 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 for correction of the records of the individual concerned. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 145-1 (Senior ROTC Program: Organization, Administration, and Training) paragraph 3-43 (Disenrollment) states a scholarship cadet may be dis- enrolled only by the commanding general ROTC Cadet Command. Nonscholarship and scholarship cadets will be dis-enrolled at their own request, if they are nonscholarship basic course cadets. The 4-year scholarship cadets may be dis-enrolled at their own request during MS I only or for breach of contract. Breach 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. 3 Title 10, USC, section 2005(a), states 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 and (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. 4. AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 United States Code (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 that 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170008222 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1